NOTE: R.S. 14:112.12 eff. upon decision of the United States Supreme Court. See Acts 2024, No. 670.

§112.12. Unlawful entry or reentry into the state of Louisiana by an alien

            A. The crime of unlawful entry or unlawful reentry is committed when an alien enters or reenters into this state and is unlawfully present in this state.

            B.(1) Whoever commits the crime of unlawful entry or unlawful reentry into this state by an alien upon a first offense shall be imprisoned for not more than six months, fined not more than one thousand dollars, or both.

            (2) Whoever commits the crime of unlawful entry or unlawful reentry into this state by an alien upon a second or subsequent offense shall be imprisoned, with or without hard labor, for not less than one year nor more than two years, fined not more than ten thousand dollars, or both.

            C. It shall be an affirmative defense to a prosecution to the crime of unlawful entry or unlawful reentry into this state by an alien that either:

            (1) The defendant is lawfully present in this state because the federal government has granted the defendant lawful presence in the United States or asylum pursuant to 8 U.S.C. 1158.

            (2) The defendant's conduct does not constitute a violation of 8 U.S.C. 1325(a), relative to illegal entry into the United States.

            D. This Section shall not apply to an alien unlawfully present in the United States if the alien has been a necessary witness to or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering.

            Acts 2024, No. 670, §1, See Act.