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Terms Used In Louisiana Revised Statutes 40:1098.6

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Venue: The geographical location in which a case is tried.

            A. The attorney general may bring a civil action to enforce compliance with this Part in a court of competent jurisdiction.

            B. The attorney general may seek injunctive or declaratory relief and any other appropriate remedy in order to protect a minor from those harms resulting from conduct that is prohibited pursuant to this Part.

            C. Venue pursuant to this Section shall be that same venue which is provided in La. Rev. Stat. 40:1098.5.

            D. If the court grants relief pursuant to this Section, the court shall award attorney fees and all costs of the proceeding against the defendant for violation of this Part.

            E. Nothing in this Part shall be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state to institute or intervene in any proceeding.

            Acts 2023, No. 466, §1, eff. Jan. 1, 2024.

NOTE: Former La. Rev. Stat. 40:1098.6 redesignated as La. Rev. Stat. 40:1079.16 by HCR 84 of 2015 R.S.