§539.3. Mandatory restitution
A. A person convicted of an offense enumerated in R.S. 15:539.1(A) shall be ordered
to pay mandatory restitution to the victim, with the proceeds from property forfeited under
R.S. 15:539.1 applied first to payment of restitution, after the costs of the public sale or
auction, court costs, and fees related to seizure and storage have been satisfied. Restitution
under this Section shall include any of the following:
(1) Costs of medical and psychological treatment.
(2) Costs of necessary transportation and temporary housing.
(3) The greater of the value of the victim's labor as guaranteed under the minimum
wage and overtime provisions of the federal Fair Labor Standards Act or the gross income
or value to the defendant of the victim's labor or services engaged in by the victim while in
the human trafficking situation. In the case of sex trafficking, the victim shall be entitled to
restitution for the income he would have earned, had he not been victimized, as guaranteed
under the minimum wage and overtime provisions of the federal Fair Labor Standards Act.
(4) Return of property, cost of damage to property, or full value of property if
destroyed or damaged beyond repair.
(5) Expenses incurred by the victim and any household members or other family
members in relocating away from the defendant or the defendant's associates, including but
not limited to deposits for utilities and telephone service, deposits for rental housing,
temporary lodging and food expenses, clothing, and personal items. Expenses incurred
pursuant to this Section shall be verified by law enforcement to be necessary for the personal
safety of the victim or household or family members, or by a mental health treatment
provider to be necessary for the emotional well-being of the victim.
B. For purposes of this Section, the return of the victim to the victim's home country
or other absence of the victim from the jurisdiction shall not prevent the victim from
receiving restitution.
Acts 2013, No. 429, §1, eff. June 24, 2013; Acts 2014, No. 564, §2; Acts 2020, No.
352, §1.