SUBPART F. OFFICIAL MISCONDUCT AND

CORRUPT PRACTICES

§134. Malfeasance in office

            A. Malfeasance in office is committed when any public officer or public employee does any of the following:

            (1) Intentionally refuses or fails to perform any duty lawfully required of him, as such officer or employee.

            (2) Intentionally performs any such duty in an unlawful manner, including violating the provisions of R.S. 32:43 et seq.

            (3) Knowingly permits any other public officer or public employee, under his authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to perform any such duty in an unlawful manner.

            (4) Willfully and knowingly subjects any person to the deprivation of any right, privilege, or immunity secured or protected by the United States Constitution and laws, if serious bodily injury or death results.

            (5) Knowingly releases a person, following arrest or booking, from state, parish, or local law enforcement custody without providing advance notice to United States Immigration and Customs Enforcement that the law enforcement agency effecting release is aware that the person either illegally entered or unlawfully remained in the United States.

            (6)(a) Takes any official action, fails to perform an official duty, or refuses a lawful request for cooperation submitted by either United States Immigration and Customs Enforcement, United States Customs and Border Protection, or United States Citizenship and Immigration Services with the intent to hinder, delay, prevent, or otherwise interfere, ignore, or thwart federal immigration enforcement efforts.

            (b) This Paragraph shall not be construed to limit, impede, or otherwise interfere with the duty of a sheriff, chief of police, or other executive law enforcement official in this state to exercise the powers of his office. However, a lawful written request or detainer submitted by either United States Immigration and Customs Enforcement, United States Customs and Border Protection, or United States Citizenship and Immigration Services to release an individual into federal custody shall be complied with if the request or detainer alleges that the person to be released either illegally entered or unlawfully remained in the United States.

            B. Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.

            C.(1) Whoever commits the crime of malfeasance in office shall be imprisoned for not more than ten years, with or without hard labor, or fined not more than five thousand dollars, or both.

            (2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.

            (3) If the individual convicted of the crime of malfeasance in office is a P.O.S.T. certified full-time, part-time, or reserve peace officer, the P.O.S.T certification of that peace officer shall be immediately revoked pursuant to R.S. 40:2405(J).

            Amended by Acts 1980, No. 454, §1; Acts 2002, 1st Ex. Sess., No. 128, §6; Acts 2010, No. 811, §1, eff. Aug. 15, 2011; Acts 2016, No. 273, §1; Acts 2022, No. 668, §1, eff. June 18, 2022; Acts 2024, No. 456, §1; Acts 2025, No. 107, §1; Acts 2025, No. 399, §1.