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Hey, I was checking the Affirmative Defense page in the Encyclopedia for Louisiana and noticed that there was nothing posted. In Louisiana state code (RS 14:63, Criminal Trespass), it specifies:
"D. It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property."
which is really narrow and unhelpful to the no doubt unjustly accused. However, it goes on to give some exceptions:
"F. The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:
(1) A professional land surveyor or his authorized personnel, engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.
(2) A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.
(3) Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.
(4) An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.
(5) The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.
(6) The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.
(7) Any candidate for political office or any person working on behalf of a candidate for a political office.
(8) The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation."
Do these not qualify as affirmative defense, and if so, what is the distinction, legally?
I was thinking the domestic animal defense is going to be extremely useful, as there's no way to prove that my cat didn't run off into an abandoned building.
"Friendship is a Vertue oftener found among Thieves than other People, for when their Companions are in Danger, they venture hardest to relieve them." | |
Sounds like a great defense to me. I might have to start using this one even though I'm not in the state. It makes for a logical alibi.
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I'll have to see if this is up-to-date. Good mind, sir.
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Were YOU caught in an abandoned residence, state facility, or industrial site?
Better call Saul!
[last edit 5/18/2017 12:27 AM by DescentOnARope - edited 1 times]
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Posted by Zeno
Sounds like a great defense to me. I might have to start using this one even though I'm not in the state. It makes for a logical alibi.
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Until they get a search warrant for your cam card and find the images from your feline search
Just when I thought I was out... they pulled me back in.
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Posted by blackhawk
Until they get a search warrant for your cam card and find the images from your feline search
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What you talking about Willis? You don't take pictures of your epic Find-A-Cat Quest?
Guess it's time to start carrying my cat around at all times, eh? 
Never climb after somebody with ulcerative colitis. -Steed | |
Yes, well... then the cat really gets lost.
Better be prepared for that eventuality.
Just when I thought I was out... they pulled me back in.
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"Likes to frequent abandoned buildings and sewer tunnels. Is known for disregarding No Trespass signs.. because he's a cat."
[last edit 6/13/2017 3:12 PM by 4Valhal - edited 1 times]
Never climb after somebody with ulcerative colitis. -Steed | |
I really like the domestic animal defense. I think I will put a picture of a random cat in my phone for exactly this reason. I haven't been in a situation where prosecution was a real possibility, but you never know when you might need a trick up your sleeve.
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