Louisiana Revised Statutes 25:955 – A.(1) A first offense violation of this Chapter shall be punishable upon conviction by a fine of not more than five thousand dollars, or imprisonment, with or without hard labor, for
Terms Used In Louisiana Revised Statutes 25:955
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Human remains: means the body or parts thereof of a deceased person and includes the body or parts thereof in any stage of decomposition, as well as cremated remains. See Louisiana Revised Statutes 25:953
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Possession: means the exercise of control over human remains. See Louisiana Revised Statutes 25:953
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trade: means to distribute, to offer for sale, to offer for acquisition, to buy, to sell, to barter, to exchange, to give, to receive, to donate, or to bequest, whether by physical delivery or by subterfuge. See Louisiana Revised Statutes 25:953
A.(1) A first offense violation of this Chapter shall be punishable upon conviction by a fine of not more than five thousand dollars, or imprisonment, with or without hard labor, for not more than one year, or both.
(2) Upon conviction of a second or subsequent offense, each violation shall be punishable by imprisonment, with or without hard labor, for not more than two years, or a fine of not more than ten thousand dollars, or both.
(3) Each item of human remains in possession or trade shall constitute a separate offense.
B. The attorney general may institute civil proceedings seeking injunctive relief to restrain and prevent violations of this Chapter.
C. The attorney general may institute civil proceedings seeking civil damages from any person who knowingly violates any provision of this Chapter. Civil damages shall include any or all of the following:
(1) Forfeiture of any and all equipment used in obtaining the human remains.
(2) Any and all costs incurred in cleaning, restoring, analyzing, accessioning, and curating the recovered human remains.
(3) Any and all costs associated with the reinterment of the human remains.
(4) Any and all costs associated with determining and collecting civil damages, including but not limited to filing fees, attorney fees, court costs, fees associated with discovery and the testimony of expert witnesses, and collection costs.
D. The attorney general may bring actions for injunctive relief or civil damages in either the district court for the parish of East Baton Rouge or in the district court where the burial site, the human skeletal remains, or other body parts, or the burial artifacts are located.
Acts 2016, No. 531, §1, eff. June 17, 2016.