Is Remaining Where Forbidden a Felony in Louisiana?

In Louisiana, the concept of “remaining where forbidden” is a legal offense governed under La RS 14:63.3, titled Entry on or Remaining in Places or on Land After Being Forbidden. While this offense is widely recognized as a misdemeanor, it carries serious consequences that could affect an individual’s criminal record, employment opportunities, and reputation. This article explores the details of this law, its penalties, common scenarios where it applies, and why it is crucial to understand your legal rights if charged with this offense.

What Does “Remaining Where Forbidden” Mean?

The offense of remaining where forbidden, as outlined in Louisiana law, occurs when an individual unlawfully enters or stays on private property despite being explicitly prohibited. This prohibition can be communicated in various ways, such as:

1. Verbal Warning: A property owner, lessee, or authorized individual directly asks the person to leave.
2. Written Notice: A letter or similar document informing the individual that their presence on the property is not permitted.
3. Posted Signage: Clearly visible signs indicating that access to the property is restricted.

The law applies to all forms of property, including:

• Buildings (residential, commercial, public, or private).
• Land (fenced or unfenced).
• Watercraft or movable property (e.g., boats, vehicles).

Is Remaining Where Forbidden a Felony?

No, remaining where forbidden is not a felony in Louisiana. Under La RS 14:63.3, it is classified as a misdemeanor offense. However, despite its misdemeanor status, the law imposes penalties that should not be taken lightly.

Penalties for Remaining Where Forbidden

According to Louisiana law, a conviction for this misdemeanor carries the following penalties:

• A fine of up to $500.
• Imprisonment in a parish jail for up to six months.
• In some cases, both fine and imprisonment may be imposed.

These penalties may appear minor at first glance, but the implications extend far beyond fines and short-term jail time. A conviction leads to a permanent criminal record, which can:

• Affect future employment opportunities.
• Hinder eligibility for educational programs.
• Damage personal and professional reputation.

Common Scenarios of Remaining Where Forbidden

To better understand how this law applies, let’s explore some real-world examples:

Bar or Club Incidents

A common scenario involves individuals being removed from bars or nightclubs. For example:

• A patron engages in disruptive behavior, prompting the staff or bouncers to ask them to leave.
• The individual refuses to comply and stays on the premises despite being explicitly told to leave.

In such cases, while the person was initially allowed entry, their refusal to leave transforms the situation into a legal offense.

Trespassing on Private Property

If someone enters a neighbor’s yard or private land and refuses to leave after being warned, they may be charged under this law. This often occurs in disputes over property boundaries or unauthorized use of someone else’s land.

Retail Stores or Businesses

Business owners have the right to ask any customer to leave their premises for any reason. If the individual refuses to leave, it constitutes remaining where forbidden, even if they initially entered legally.

Key Elements of the Law

To secure a conviction for remaining where forbidden, the prosecution must prove the following elements beyond a reasonable doubt:

1. Entry or Remaining: The defendant entered or remained on the property of another.
2. Prohibited Access: The defendant was explicitly forbidden to enter or stay on the property.
3. Notification: A verbal warning, written notice, or visible signage was present to notify the defendant of the prohibition.
4. Lack of Authority: The defendant did not have the owner’s or lessee’s permission to be on the property.

Defenses Against Remaining Where Forbidden Charges

If you are charged with remaining where forbidden in Louisiana, several defenses may be available depending on the circumstances of your case. Here are some common defense strategies:

No Notice Was Given

For a conviction, the prosecution must prove that the defendant received adequate notice forbidding their entry or remaining on the property. If:

• There was no verbal or written warning, or
• The signs were not visible or reasonably placed,

then the defendant may argue they were unaware they were trespassing.

Lack of Intent

Intent plays a crucial role in proving guilt. If the defendant did not knowingly enter or remain on the property after being forbidden, this lack of intent can be used as a defense.

Permission Was Granted

In some cases, the defendant may argue they had permission to be on the property, either from the owner or an authorized representative.

Mistaken Identity

The prosecution must prove the defendant was the person who committed the offense. If there is insufficient evidence linking the defendant to the alleged crime, this defense may be raised.

Why Remaining Where Forbidden Isn’t a Felony

The classification of offenses as misdemeanors or felonies in Louisiana depends on the severity of the crime and its potential harm to individuals or society. Felonies typically involve significant harm or danger, such as violence, theft, or drug-related crimes.

Remaining where forbidden does not involve physical harm or significant societal danger. Instead, it focuses on property rights and trespassing, which are considered less severe offenses under Louisiana law. As a result, it remains classified as a misdemeanor.

Long-Term Consequences of a Misdemeanor Conviction

While remaining where forbidden is not a felony, the long-term consequences of a misdemeanor conviction should not be underestimated:

• Criminal Record: A conviction stays on your record and may be visible during background checks.
• Employment Impact: Employers may view a criminal record negatively, especially in industries requiring trust or security clearance.
• Educational Opportunities: Certain educational programs and scholarships may be unavailable to individuals with a criminal record.
• Housing Applications: Landlords often conduct background checks and may reject applicants with criminal convictions.

Importance of Legal Representation

Given the potential consequences of a conviction, it is vital to seek legal representation if you are charged with remaining where forbidden. An experienced criminal defense attorney can:

• Analyze the evidence and circumstances of your case.
• Identify weaknesses in the prosecution’s case, such as lack of notice or intent.
• Negotiate with prosecutors for reduced charges or alternative sentencing.
• Represent you in court to secure the best possible outcome.

Conclusion

While “remaining where forbidden” is not a felony in Louisiana, it remains a serious misdemeanor offense with potentially far-reaching consequences. Understanding the law, its penalties, and available defenses is crucial if you or someone you know faces this charge. Always remember, the key to navigating the legal system successfully is understanding your rights and acting promptly when legal issues arise.