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      RS 14:92.2     

  

§92.2.  Improper supervision of a minor by parent or legal custodian; penalty

A.  Improper supervision of a minor by a parent or legal custodian, who has care and control of the minor, includes any of the following activities:

(1)  Through criminal negligence, the permitting of the minor to associate with a person known by the parent or custodian:

(a)  To be a member of a known criminal street gang as defined in R.S. 15:1404(A).

(b)  To have been convicted of a felony offense.

(c)  To be a known user or distributor of drugs in violation of the Uniform Controlled Dangerous Substances Law.

(d)  To be a person who possesses or has access to an illegal firearm, weapon, or explosive.

(2)  Through criminal negligence, the permitting of the minor:

(a)  To enter premises known by the parent or custodian to be a place where sexually indecent activities or prostitution is practiced.

(b)  To violate a local or municipal curfew ordinance.

(c)  To habitually be absent or tardy from school pursuant to the provisions of R.S. 17:233 without valid excuse.

(d)  To enter the premises known by the parent or legal custodian as a place of illegal drug use or distribution activity.

(e)  To enter the premises known by the parent or legal custodian as a place of underage drinking or gambling.

(f)  To enter the premises known by the parent or legal custodian as a place which stores or has a person present who possesses an illegal firearm, weapon, or explosive.

(3)  Any violation by commission or omission of a court-ordered safety plan.

(4)  Causing or permitting an unlicensed minor to drive a motor vehicle or power cycle upon any public road or highway in this state, in violation of R.S. 32:416 and 417, when the unlicensed minor is involved in a collision which results in the serious bodily injury or death of another person.  For purposes of this Paragraph, "serious bodily injury" means a bodily injury which involves unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

B.(1)  Whoever violates the provisions of this Section shall be fined not less than twenty-five dollars and not more than two hundred fifty dollars for each offense, or imprisoned for not more than thirty days, or both.  A minimum condition of probation shall be that the offender participate in forty hours of court-approved community service activities, or a combination of forty hours of court-approved community service and attendance at a court-approved family counseling program by both a parent or legal custodian and the minor.

(2)  Whoever violates the provision of Paragraph (A)(3) of this Section shall be sentenced to imprisonment for not more than six months or a fine of five hundred dollars, or both.  Whoever violates the provisions of Paragraph (A)(3), which results in injury to the child that requires medical attention or death of the child, shall be punished by imprisonment for two years with or without hard labor.

(3)  Whoever violates the provisions of Paragraph (A)(4) of this Section shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or imprisonment for up to six months, or both.

(4)  Whoever violates the provisions of Subparagraph (A)(2)(c) of this Section, shall be fined not less than twenty-five dollars and not more than two hundred fifty dollars for each offense, or imprisoned for not more than thirty days, or both.  The court shall impose a minimum condition of probation which may include that the parent or legal custodian participate in forty hours of school or community service activities, or a combination of forty hours of school or community service and attendance in parenting classes or family counseling sessions or programs approved by the court having jurisdiction, as applicable, or the suspension of any state-issued recreational license.

C.  The provisions of Subparagraph (A)(1)(b) shall not apply to an immediate family member who lives in the household with the minor or other relative who is supervised by the parent or legal custodian when visiting with the minor.

D.  No parent or legal guardian shall be guilty of a violation of this Section if, upon acquiring knowledge that the minor has undertaken acts as described in Paragraphs (1) and (2) of Subsection A, the parent or legal guardian seeks the assistance of local, parish, or state law enforcement officials, school officials, social services officials, or other appropriate authorities in either leading the child to modify his or her behavior, or in referring the child to appropriate treatment or corrective facilities.

Acts 1995, No. 702, §2; Acts 2001, No. 403, §1, eff. June 15, 2001; Acts 2005, No. 148, §2; Acts 2006, No. 650, §1; Acts 2009, No. 305, §1.



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