LA Law–use of authority… to Compel or Coerce

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Louisiana Revised Statutes–Title 14. Criminal Law
Chapter 1. Criminal Code (Refs & Annos), Part VII. Offenses Affecting Organized Government
Subpart F
. Official Misconduct and Corrupt Practices (Refs & Annos)

§ 134.3. Abuse of office <Section effective August 15, 2011. See, also, section effective until August 15, 2011.>

A. No public officer or public employee shall knowingly and intentionally use the authority of his office or position, directly or indirectly, to compel or coerce any person to provide the public officer, public employee or any other person with anything of apparent present or prospective value when the public officer or employee is not entitled by the nature of his office to the services sought or the object of his demand.

<Subsec. B effective until August 15, 2011>
(EXAMPLE OF ILLEGAL COERCION)

B. Whoever violates the provisions of this Section shall be fined up to five thousand dollars, or be imprisoned with or without hard labor for not less than one year nor more than five years.

<Subsec. B effective August 15, 2011 >

 B. (1) Whoever violates the provisions of this Section shall be fined up to five thousand dollars, or be imprisoned with or without hard labor for not less than one year nor more than five years.

(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.

C. The provisions of this Section shall not apply to benefits or services rendered to a person who is entitled to such benefits or services from the state or any political subdivision of the state or any governmental entity when the public officer or public employee is performing his duties as authorized by law. Nothing in this Section shall prohibit or limit the ability of a public officer or public employee from performing his duties as authorized by law or as a condition of his employment or office.

CREDIT(S)  Added by Acts 2008, 1st Ex.Sess., No. 22, § 1, eff. March 11, 2008. Amended by Acts 2010, No. 811, § 1, eff. Aug. 15, 2011.

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