What Is Criminal Trespass in Louisiana?

Under Louisiana Revised Statutes § 14:63, a criminal trespass occurs when, without permission, a person goes into or remains within any structure or movable or immovable property belonging to another person after being warned or forbidden to do so. This means that a person entering or occupying property, including land, buildings, or vehicles, without permission, especially after being warned not to, either verbally by the owner, by obvious barriers like fences, or posted signage stating “no entry or trespassing”, may be charged with criminal trespassing.

Notably, the law in Louisiana does not require a trespasser to commit another crime or damage any part of the property for the charge to be valid. The key factors are notice and lack of authorization or permission, meaning the trespasser had no permission to be at the property and was aware that they were not allowed to be there.

How to Look Up Public Criminal Trespass Records in Louisiana

Interested parties have several options to look up public criminal trespass records in Louisiana. Requests may be made in person at a parish court clerk's office, online using the public portal, or at the Louisiana State Police. Some records are inaccessible to the general public by law; these include juvenile records, sealed, expunged, or any other restricted records.

• Record seekers may look up their own criminal trespass records by requesting a criminal history record from the Louisiana State Police (LSP). Record seekers such as employers may also request a Background Check in person, by mail, or through the Internet Background Check system. State background checks typically cost $31 per search.
• Criminal court records may also be obtained in person from the Clerk of the Court for the parish where the case was heard. Some parish clerks may also operate an online database or search portal where records may be obtained. While viewing records may be free, obtaining copies may require a copy fee or an online subscription, which may vary by parish.
• Records are also available online from the Clerk Connect Portal. The portal provides resources for looking up records and printing out search results from Parishes across the state. Using the website typically requires registering for an account and paying a subscription fee online via the website.

Types of Criminal Trespass Offenses

Although criminal trespass offenses in Louisiana are not formally separated into different levels or degrees, the law still recognizes levels of seriousness or severity depending on the particular details of the case and if it is a repeat offense. This means criminal trespass offenses may vary from minor offenses and misdemeanors to serious offenses or felonies with major consequences.

La. R.S. § 14:63 breaks down criminal trespass offenses as follows:

• A first-time offense is a misdemeanor and generally means entering or staying on another person’s property without permission after reasonable advance notice(fencing, signage, verbal warnings). Repeat offenses typically incur a gradual increase in jail time and fines,
• Trespass with the intent to commit another crime, such as burglary, means the penalties may be added to the other crime or the charge elevated to a felony offense, depending on the other crime, even though trespassing is normally considered a misdemeanor.

To further understand these types of crimes and how criminal trespass is handled in Louisiana, record seekers may look up criminal records available from various sources online.

Penalties for Criminal Trespass in Louisiana

The penalties for a conviction for criminal trespass in Louisiana include jail time, fines, and a criminal record. The penalty for a first-time criminal trespass offense is up to 30 days in jail and a fine of up $500. Subsequent convictions for the same offense typically result in increasingly severe penalties.

Most criminal trespasses are considered misdemeanors, but the offense may escalate to a felony if certain factors apply to the case. In particular, trespassing with the intent to commit another crime, such as vandalism or burglary, and carrying a weapon may escalate the offense to a felony. Trespassing on restricted areas or critical infrastructure, such as dams, chemical plants, and pipelines, may also lead to a felony charge.

Can You Be Arrested for Criminal Trespass in Louisiana?

Yes, in most cases, law enforcement officers have the authority to arrest a trespasser if they are caught entering or remaining on someone’s property without permission. Louisiana law takes trespass offenses seriously enough to permit law enforcement to arrest and charge individuals based on direct or reasonable supporting proof.

The arrest may take place on the spot, and the offender may be arrested if they are physically present or have refused to leave after being warned. Police may still arrest the offender after the fact if they have left the property, but there is credible proof of the trespass. This evidence includes eyewitness testimony and surveillance footage or video, which show that the trespass occurred.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Louisiana

Although criminal trespass and burglary may sound similar, Louisiana law makes clear distinctions between these offenses. Each offense has its own separate statute, and the main difference lies in intent and what the offender was trying to do when they got into the property.

Under La. R.S. § 14:63, Criminal Trespass is entering or remaining on another person’s property without permission. This charge remains valid even if the trespasser has no intention to damage or steal anything from the property. The main issue is their unpermitted presence on the property.

On the other hand, Burglary under La. R.S. § 14:62 is the unauthorized entry into a movable or immovable structure or property with the intent to commit theft or a felony in it. This offense may also be escalated to aggravated burglary if the offender was armed or used violence while committing the offense.

Louisiana does not use breaking and entering or unlawful entry to denote separate crimes; rather, these actions fall under trespassing or burglary.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Louisiana?

In Louisiana, the prosecutors may show some flexibility with criminal trespassing cases. First-time nonviolent offenders may be offered plea deals, pretrial diversions, or charge reductions in cases where there was no damage or intent to commit another crime. The prosecutor’s decision typically depends on several factors, including the offender’s criminal history, the severity of the case, the strength of the evidence, and the presence of aggravating factors.

Prosecutors may offer plea bargains instead of a trial. This is a negotiated agreement where the defendant pleads guilty in exchange for certain concessions, including reduced charges or lighter sentences, such as probation. For first-time low-level offenders with no prior criminal history, the charge may be reduced to a lesser offense, such as a local ordinance violation, with reduced penalties.

A first-time offender may also be offered a pretrial diversion program. These programs require the defendant to complete specific conditions, including paying administrative fees, restitution, attending counselling, community service, and keeping out of trouble. Completion of this program may lead to dismissal of the case by the prosecution. Records of the offense may also be expunged after completing the program and meeting any other eligibility rules/

Will a Louisiana Criminal Trespass Charge Stay on Your Record?

In Louisiana, a criminal trespass charge typically remains on a person’s record unless steps are taken to expunge it if it ended in a conviction. As a criminal misdemeanor, the offense becomes part of their permanent record and typically appears in background checks by employers, landlords, and licensing entities. The main aspect that determines visibility is how the case was settled at the end.

When a case is dismissed either for lack of evidence, the completion of probation, or a pretrial diversion program, the case typically temporarily shows on the records, but not as a conviction. After a dismissal, the defendant may apply to remove the charge from their record.

Louisiana also permits criminal trespassing conviction records to be expunged after a waiting period, provided the offender has completed all aspects of their sentence, remained trouble-free, and meets the eligibility conditions. Some records may even be eligible for automatic expungement after 5 years.

Expungement or Record Sealing Options in Louisiana

In Louisiana, criminal trespass charges and convictions are eligible for expungement and restriction from public view. Under Louisiana law, expungement is slightly different from sealing, although they both restrict records from public access.

Expungement means the record is typically removed from public access and background checks, but law enforcement and courts may still have access to it. Sealing, on the other hand, is used when the courts directly restrict access to a particular record. This is common in juvenile and other specialized cases. Expungement is typically used when dealing with misdemeanors such as criminal trespass.

Under Louisiana law, most misdemeanor convictions, including criminal trespass, are eligible for expungement if they meet the following criteria:

• The offender has completed all parts of their sentence.
• At least 5 years have passed since the completion of all parts of the sentence(including probation or fines).
• The defendant has no pending charges or new convictions within the waiting period.
• The conviction was for a nonviolent, nonsexual, low-level offense.

If the charge did not end in a conviction, the defendant may petition for an expungement immediately. This means the charge was dismissed, not prosecuted, or the defendant was acquitted or completed a diversion program; there is no waiting period before they may apply for an expungement.