2006 Louisiana Laws - RS 40:981.4 — Drug-traffic loitering

§981.4.  Drug-traffic loitering

A.  Drug-traffic loitering is the remaining in a public place in a manner and under circumstances manifesting the purpose to engage in unlawful conduct in violation of R.S. 40:966 through 995 or R.S. 40:1031 through 1036.

B.  Whoever commits the crime of drug-traffic loitering shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than six months, or sentenced to community service not to exceed one hundred twenty hours, or any combination of or all three.

C.  For the purposes of this Section, the following words have the following meanings:

(1)  "Drug paraphernalia" means and includes the items enumerated and described in R.S. 40:1031.

(2)  "Illegal drug activity" means unlawful conduct which violates any provision of this Part or the equivalent federal statute or ordinance of any political subdivision of this state.

(3)  "Known drug trafficker" means any person who has, within the knowledge of the arresting peace officer, been convicted of, or pled guilty or nolo contendere to, within the last two years in any court, any illegal drug activity.

(4)  "Public place" means any area generally visible to public view and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters, automobiles, and buildings, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

D.  Among the circumstances which may be considered in determining whether the person is manifesting a purpose to engage in unlawful drug-related activity are that the person is:

(1)  Seen by the officer to be in possession of drug paraphernalia.

(2)  A known drug trafficker.

(3)  Behaving in such a manner as to raise a reasonable suspicion that he is about to engage in or is engaging in unlawful drug-related activity and such activity includes any of the following actions:

(a)  Acting as a "lookout".

(b)  Being physically identified by an officer as a member of a criminal street gang or association, which has as its purpose illegal drug activity.

(c)  Transferring small objects or packages for currency in a furtive fashion.

(d)  Being in an area known for unlawful drug use and drug trafficking.

(e)  Being on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity.

(f)  Being within six feet of any vehicle registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug-related activity.

(g)  Repeatedly beckoning to, stopping, or attempting to stop passersby or engaging passersby in conversation.

(h)  Repeatedly stopping or attempting to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture.

(i)  Circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to stop pedestrians.

(4)  The subject of any court order, which directs the person to stay out of any specified area as a condition of release from custody, a condition of probation, parole, or other supervision or any court order, in a criminal or civil case involving illegal drug activity.

(5)  Evicted as the result of his illegal drug activity and ordered to stay out of a specified area affected by drug-related activity.

(6)  Taking flight upon the appearance of a police officer.

(7)  Trying to conceal himself or any object within his possession that reasonably could be involved in an unlawful drug-related activity.

Acts 1995, No. 1067, §1.