§ 10-29. Criminal trespass.
(a)
Criminal trespass is:
(1)
The unauthorized and intentional taking possession of any tract of land or structure without the consent of the owner thereof; or
(2)
The unauthorized and intentional entry upon any:
a.
Plot of immovable property in excess of one acre which is posted but not enclosed, unless said property is situated in an open range area; or
b.
Plot of immovable property which is posted and enclosed, including property situated in open range areas; or
c.
Posted lands belonging to public institutions; or
d.
Structure, watercraft or movable.
Where an entry is made from a waterway for emergency purposes the party in distress may use the banks of said waterway without violating the provisions of subparagraph (2) of paragraph (a).
(b)
Definitions. For the purposes of criminal trespass, the following definitions are adopted:
(1)
"Posted" property means any immovable property which is designated as such by the owner, lessee or other person lawfully authorized to take such action, provided the following requirements are satisfied:
a.
The owner or person seeking to post the property shall place and maintain signs along the boundaries of the property or area to be posted, which signs shall be written in the English language, and said signs shall contain the words, "Posted" or "Private Property," or words to that effect.
b.
The signs shall have letters at least five (5) inches in height and shall be of sufficient size and clarity to give notice to the public of the location and boundary of the posted property. The signs shall be placed and maintained at intervals of not more than one-eighth of a mile and shall be at least three (3) but not more than nine (9) feet above the ground or water level.
c.
At the main entrance to the property and at no less than four extremities along the boundary of said property the party seeking to post same shall include his name and address on the posted signs in addition to the words "Posted," or "Private Property," or words to that effect.
d.
In woodland, or areas where land is heavily overgrown, the party seeking to post the property, in addition to placing and maintaining signs as prescribed in this section, must be fenced with not less than three strand wire, or its equivalent.
e.
In marshlands, posted signs shall also be placed at all major points of ingress or egress.
(2)
"Enclosed" property means any immovable property which is surrounded or encompassed by natural and/or artificial barriers.
Natural barriers include:
a.
Lakes or ponds or other bodies of water which hold water during twelve (12) months of the year,
b.
Any river, stream, bayou or canal in which water is held or runs during twelve (12) months of the year,
c.
Other similar natural barriers.
Artificial barriers include:
d.
Any wall or wire, stone, metal or wooden fence,
e.
Any cattle guard being used as part of a fence,
f.
Other similar barriers.
(3)
"Open range" area means any area in which livestock are not prohibited by law to freely rove, provided that any road or highway which is required by law to be fenced, and which passes through any area in which livestock are not otherwise prohibited by law to freely rove, shall not prevent such area from being classified as "open range."
(c)
Penalties. Whoever commits the crime of criminal trespass shall be punished as provided in section 10-78 of this chapter.
State law reference
Similar provisions, R.S. 14:63.