Stalking is more common than most people realize. It can happen to anyone. A neighbor, an ex-partner, a coworker, even a stranger can become a stalker.
Louisiana takes this crime seriously. Knowing the law can protect you or someone you love.
What Is Stalking?
Stalking is not just following someone around. Under Louisiana law (R.S. 14:40.2), stalking means the intentional and repeated following or harassing of another person. The behavior must be enough to make a reasonable person feel alarmed or cause emotional distress.
Pretty much any repeated, unwanted contact can count. It does not have to be physical. It just has to be intentional, repeated, and scary enough to upset a normal person.
What Counts as Stalking in Louisiana?
Wondering what kinds of actions actually qualify? Here are the basics.
Showing up uninvited at someone’s home, workplace, or school over and over again is stalking. Sending repeated threatening messages, whether written or verbal, also counts. Implied threats work too. You do not have to say “I will hurt you” out loud for it to be a threat under the law.
The threats can involve death, bodily injury, sexual assault, kidnapping, or any other crime. They can be directed at the victim or at the victim’s family members. Louisiana law covers all of it.
Basic Stalking Laws
What Behavior Is Illegal?
The law covers a wide range of repeated, unwanted behavior. It includes showing up somewhere the person does not want you. It includes sending threatening communications online, by text, by mail, or by phone.
Okay, this part is important. The stalking does not have to involve a direct threat. If your repeated behavior would make any reasonable person afraid or emotionally distressed, it can be stalking. That is a broad standard, and courts take it seriously.
What Happens on a First Offense?
A first conviction for stalking is treated as a misdemeanor. You could face a fine between $500 and $1,000. You could also go to jail for 30 days to one year.
That might not sound like much. But here is the thing. Every person convicted of stalking in Louisiana must undergo a psychiatric evaluation. The court will not suspend your sentence unless you go through approved counseling. That can include anger management or abusive behavior intervention programs.
Harsher Penalties for Serious Cases
When a Weapon Is Involved
Hold on, this part gets serious fast.
If a stalker uses a dangerous weapon or has one in their possession during the stalking, the penalties jump significantly. We are talking about one to five years in prison. No probation. No parole. No suspended sentence. The court does not have much flexibility here.
It does not matter if the stalker is separately charged for having the weapon. The stalking charge alone carries this enhanced penalty when a weapon is involved.
When a Victim Is Under 18
If the victim is a minor, the penalties increase. A stalker targeting someone under 18 can face up to three years in prison and a fine of up to $2,000.
Most people assume stalking laws only protect adults. They are wrong. Louisiana specifically protects minors, and the law does not go easy on offenders.
When a Protective Order Is Already in Place
This one surprises a lot of people. If a judge has already issued a protective order, a temporary restraining order, or any legal order telling someone to stay away from a victim, and they stalk that person anyway, the penalty jumps to 90 days to two years in prison. The fine can go up to $5,000.
Violating a protective order and stalking someone at the same time is treated as a separate and more serious crime. Think of it like speeding in a school zone. Same category, bigger consequences.
Repeat Offender Penalties
Louisiana is not forgiving when it comes to repeat stalkers. The penalties escalate fast.
A second conviction within seven years means five to 20 years in prison. There is no chance of probation or parole. The fine can be up to $5,000. That is a major jump from the first offense.
A third conviction means 10 to 40 years in prison. Again, no probation or parole. The fine can still reach $5,000. At this point, we are talking felony territory with serious prison time.
Wait, it gets more serious still. A stalking conviction in Louisiana cannot be expunged from your record. Ever. That means it follows you permanently, no matter how many years pass.
Stalking Children Under 12
Louisiana has a special category of stalking laws for the youngest victims. This part of the law is very specific.
If the victim is 12 years old or younger and the stalker places the child in reasonable fear of death or bodily injury, the punishment is one to three years in prison. The fine ranges from $1,500 to $5,000.
Here is something a lot of people do not know. The stalker cannot claim they did not know how old the child was. Lack of knowledge of the child’s age is not a legal defense. None at all.
Cyberstalking: When It Happens Online
Stalking does not have to happen in person. Louisiana law also covers cyberstalking under R.S. 14:40.3.
Cyberstalking means using electronic communication to threaten or harass someone. That includes texts, emails, social media messages, and online platforms. If the behavior would cause a reasonable person emotional distress, it can be cyberstalking.
A first cyberstalking conviction can bring up to one year in jail and a fine up to $2,000. A second conviction within seven years carries up to three years in prison and up to $5,000 in fines. A third conviction within seven years means two to five years in prison and the same fine.
Honestly, this law makes a lot of sense. Stalking moved online years ago. Louisiana moved with it.
The Expungement Problem
Here is something most people do not realize until it is too late.
A stalking conviction in Louisiana stays on your record forever. You cannot get it expunged. That means background checks will always show it. Employers, landlords, and courts can always see it.
This is one of the most serious long-term consequences of a stalking conviction. It is worth knowing before it becomes someone’s reality.
Protective Orders for Stalking Victims
You do not have to wait for someone to be arrested before you can get protection. Any victim of stalking or cyberstalking in Louisiana can apply for a protective order.
A protective order tells the stalker to stay away from you. It can keep them away from your home, workplace, school, or anywhere else listed in the order. It can also prevent them from contacting you at all.
You can get a temporary restraining order quickly. A judge can issue one without the stalker even being present if there is good cause. That is called an ex parte order.
If the stalker violates the protective order, call 911 immediately. Make sure a police report gets filed. Document every violation. That documentation helps you later if you need to extend or modify the order.
What Judges Can Do Beyond Jail Time
Courts in Louisiana have more tools than just prison sentences.
When someone is convicted of stalking, the court can notify their employer. The notice describes what the stalker did. This is not automatic, but it is allowed when the judge thinks it protects the victim.
If the stalker is placed on probation, they must receive a protective order as part of the sentence. The court does not have a choice about that. The protective order is required.
Judges can also order counseling, anger management, or behavioral intervention programs. These are taken seriously. Skipping them can mean the sentence is not suspended.
Who Is NOT Covered by This Law
Not everyone who follows or monitors another person is committing stalking under Louisiana law.
Licensed private investigators acting within the scope of their job are generally exempt. However, this exception does not apply if the PI was hired by someone charged with sexual assault or subject to a protective order, and if the PI was being used to harass a victim.
Insurance investigators working in their official capacity are also exempt.
Constitutionally protected activity is not stalking. Peaceful protests, lawful information sharing, and political expression are not covered by the stalking statute.
How to Report Stalking in Louisiana
You’re not alone if you’re not sure what to do. A lot of people feel confused about when to report and how.
Start by calling 911 if you feel you are in immediate danger. For non-emergency situations, contact your local police department or sheriff’s office. Tell them you want to report stalking.
Write down every incident. Dates, times, locations, what happened, and any witnesses. Save any messages, emails, or voicemails. Take screenshots. Print photos. Keep everything in one safe place.
Then consider talking to an attorney. Stalking cases can be complex. A lawyer can help you get a protective order and make sure your rights are protected. Many attorneys offer free initial consultations.
You can also contact the Louisiana Coalition Against Domestic Violence. They connect stalking victims with local resources and legal help.
Frequently Asked Questions
Does stalking have to happen more than once?
Yes. Louisiana law requires that the behavior be repeated, not just a single incident. However, even a brief pattern of repeated acts can qualify.
Can a stalker go to prison for a first offense?
Yes. A first offense can result in up to one year in jail. If a weapon is involved or a protective order is violated, the penalties are much higher even on a first offense.
Can I get a protective order without pressing criminal charges?
Yes. You can apply for a stalking protective order separately from any criminal case. The stalker does not have to be arrested first.
Does cyberstalking count as stalking in Louisiana?
Yes. Louisiana has a specific cyberstalking law under R.S. 14:40.3. Online harassment and threatening electronic messages can lead to criminal charges.
Can a stalking conviction be removed from someone’s record?
No. Louisiana law specifically prohibits expungement of stalking convictions. It stays on the record permanently.
Final Thoughts
Stalking is a crime that can escalate quickly. Louisiana law covers a wide range of behaviors, from showing up uninvited to threatening messages online. The penalties are serious and get more serious with every offense.
If you think you are being stalked, document everything and reach out for help. If you are unsure whether what is happening to you counts as stalking, talk to an attorney. You deserve to feel safe.
Now you know the basics. Stay informed, stay safe, and when in doubt, ask a lawyer.
References
- Louisiana Revised Statutes R.S. 14:40.2 – Stalking (Official Text)
- Louisiana Revised Statutes R.S. 14:40.3 – Cyberstalking via Justia
- WomensLaw.org – Louisiana Stalking Protective Orders
- Jackson Parish Journal – Stalking Awareness Month: Know the Crime and Laws in Louisiana (January 2025)
- New Orleans Criminal Defense – Stalking Laws Louisiana
