Louisiana Revised Statutes 46:1842 – Definitions
Terms Used In Louisiana Revised Statutes 46:1842
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Testify: Answer questions in court.
In this Chapter:
(1) “Crime” means an act defined as a felony, misdemeanor, or delinquency under state law.
(2) “Crime lab” means a laboratory that conducts a forensic analysis of physical evidence in criminal matters.
(3) “Crime victim who is a minor” means a person under the age of eighteen against whom any of the following offenses have been committed:
(a) Any homicide or any felony offense defined or enumerated in La. Rev. Stat. 14:2(B).
(b) Any sex offense or human trafficking-related offense as defined or enumerated in La. Rev. Stat. 46:1844(W).
(c) The offenses of vehicular negligent injuring (La. Rev. Stat. 14:39.1) and first degree vehicular negligent injuring (La. Rev. Stat. 14:39.2).
(d) Any offense against the person as defined in La. Rev. Stat. 14:29 through 63.3.
(e) Any offense committed against a family or household member as defined in La. Rev. Stat. 46:2132 or dating partner as defined in La. Rev. Stat. 46:2151.
(f) The offense of violation of protective orders (La. Rev. Stat. 14:79).
(g) The offenses of voyeurism (La. Rev. Stat. 14:283.1), Peeping Tom (La. Rev. Stat. 14:284), and unlawful communications (La. Rev. Stat. 14:285).
(h) Any other offense which is a felony committed against any natural person.
(4) “Critical stage” means any judicial proceeding at which there is a disposition of the charged offense or a lesser offense, or a sentence imposed pursuant thereto.
(5) “Designated family member” means a family member or legal guardian of the victim who is a minor, a homicide victim, or a victim who is unable to exercise his rights pursuant to this Chapter due to a serious disability. The designated family member shall be selected by a majority of the victim’s family members, and shall be afforded all of the rights accruing to victims under this Chapter. A substitution of the designated family member may be made upon agreement by the majority of the victim’s family members. In specific cases, the court or the district attorney may allow more than one designated family member.
(6) “Forensic medical examination” has the same meaning as provided in La. Rev. Stat. 15:622.
(7) “Healthcare provider” has the same meaning as provided in La. Rev. Stat. 40:1216.1.
(8) “Inmate” means a person convicted of a felony.
(9) “Judicial agency” means the district court and officers thereof, including the judge, the prosecutor, and the clerk of court, the Crime Victims Reparations Board, the Department of Public Safety and Corrections, and the division of probation and parole.
(10) “Judicial proceeding” means any contradictory proceeding held in open court.
(11) “Law enforcement agency” means the sheriff, constable, or police force as defined by law, and the Department of Public Safety and Corrections.
(12) “Registration” means the completion of a form which is filed with the law enforcement agency investigating the offense of which the person is a victim, as specified in La. Rev. Stat. 46:1844(T), which shall include an address, email address, and telephone number at which the victim or designated family member may be notified. Such forms shall be promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in accordance with La. Rev. Stat. 46:1844(R).
(13) “Sexual assault advocate” has the same meaning as provided in La. Rev. Stat. 46:2186.
(14) “Sexual assault collection kit” has the same meaning as provided in La. Rev. Stat. 15:624.
(15) “Victim” means a person against whom any of the following offenses have been committed:
(a) Any homicide, or any felony offense defined or enumerated in La. Rev. Stat. 14:2(B).
(b) Any sex offense or human trafficking-related offense as defined or enumerated in La. Rev. Stat. 46:1844(W).
(c) The offenses of vehicular negligent injuring (La. Rev. Stat. 14:39.1) and first degree vehicular negligent injuring (La. Rev. Stat. 14:39.2).
(d) Any offense against the person as defined in La. Rev. Stat. 14:29 through 63.3.
(e) Any offense committed against a family or household member as defined in La. Rev. Stat. 46:2132 or dating partner as defined in La. Rev. Stat. 46:2151.
(f) The offense of violation of protective orders (La. Rev. Stat. 14:79).
(g) The offenses of voyeurism (La. Rev. Stat. 14:283.1), Peeping Tom (La. Rev. Stat. 14:284), and unlawful communications (La. Rev. Stat. 14:285).
(h) Any other offense which is a felony committed against any natural person.
(16) “Victim notice and registration form” means a form promulgated by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in accordance with La. Rev. Stat. 46:1844(R) and distributed by a judicial or law enforcement agency on which a victim or witness or a family member of a victim or witness may indicate a request that he be afforded the rights prescribed in this Chapter or other criminal statutes relative to a crime of which he or a family member was a victim or witness.
(17) “Victim of sexual assault” means any natural person who presents as a victim of sexual assault as defined in La. Rev. Stat. 46:2184, or the family member of such person if the victim is under eighteen years of age, incompetent, or deceased, provided that in no instance does the term include a family member identified as the perpetrator.
(18) “Victim’s family” includes a spouse, parent, child, stepchild, sibling, or legal representative of the victim, except when that person is in custody for an offense, is the defendant, or has been identified as the perpetrator, regardless of whether the person is in custody.
(19) “Witness” means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
Acts 1985, No. 794, §1; Acts 1992, No. 383, §1; Acts 1995, No. 532, §1; Acts 1997, No. 732, §1; Acts 1999, No. 783, §1, eff. Jan. 1, 2000; Acts 2003, No. 750, §6; Acts 2017, No. 337, §1; Acts 2022, No. 411, §1.