Stalking Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is stalking in Louisiana? Under La. R.S. 14:40.2, stalking is the intentional and repeated following or harassing of another that would cause a reasonable person to feel alarmed or suffer emotional distress. It requires a pattern of conduct, and penalties start with mandatory jail and a psychiatric evaluation and rise steeply for repeat offenses.

Stalking charges often grow out of a broken relationship, a dispute, or a misunderstanding about contact. But the label is serious, the penalties are mandatory, and a conviction cannot be expunged. Because the crime turns on a pattern and on how a reasonable person would react, these cases hinge on context, history, and intent.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict. In a stalking case, I examine whether the state can really prove a repeated, alarming pattern rather than ordinary or lawful contact.

Quick answers

• What it is: an intentional, repeated pattern of following or harassing that would alarm a reasonable person (La. R.S. 14:40.2).
• The penalty: mandatory jail and a psychiatric evaluation on a first offense, rising to decades for repeat convictions.
• The key issue: whether the conduct was a criminal pattern or protected, lawful, or innocent contact.
• What to do first: stop all contact, preserve your records, and call a lawyer immediately.

What counts as stalking in Louisiana?

Stalking requires a pattern, a series of acts over a period of time, however short, showing an intent to inflict continued emotional distress. It can include repeated uninvited presence at a person’s home, workplace, or school, and repeated harassment through calls, messages, or third parties. A single act is generally not enough. Importantly, the statute excludes constitutionally protected activity from what can count as a pattern of conduct.

Elements the State must prove

To convict of stalking, the state must prove beyond a reasonable doubt:

• A pattern of conduct. Repeated following or harassing, not a single act.
• Intent. That the conduct was intentional.
• Reasonable alarm or distress. That it would cause a reasonable person to feel alarmed or suffer emotional distress.
• Identity. That the defendant engaged in the conduct.

What happens after a stalking arrest in Louisiana?

Say a man named Joe is arrested. At his initial appearance the court sets bond and may issue a protective order. For a first-offense misdemeanor the case proceeds through arraignment, motions, and possibly trial, and a psychiatric evaluation is required on conviction. If a felony-grade or repeat charge applies and Joe is held, the state generally has sixty days to bring formal charges. The motions phase is where we test whether the alleged conduct amounts to a criminal pattern.

What are the defenses to stalking?

The defenses that come up most often include:

• No pattern. That the conduct was isolated, not a repeated pattern.
• Protected or lawful activity. That the conduct was constitutionally protected or otherwise lawful.
• No reasonable alarm. That a reasonable person would not have been alarmed or distressed.
• False or exaggerated claims. Accusations arising from a breakup, custody dispute, or retaliation.
• Misidentification. That someone else engaged in the alleged conduct.

How we defend a stalking charge

Stalking cases are built on a narrative of accumulating contacts. We gather the evidence, talk to witnesses, and examine the full communication history and context, and we build the timeline the state would rather ignore. With more than sixty felony jury trials to verdict, we know how to show a jury when contact was innocent, lawful, or exaggerated.

Because a stalking conviction cannot be expunged, protecting your record matters even more. Where the facts allow, we push for reduction or dismissal. Early, aggressive representation makes a real difference. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is stalking in Louisiana?

Under La. R.S. 14:40.2, stalking is the intentional and repeated following or harassing of another person in a way that would cause a reasonable person to feel alarmed or to suffer emotional distress. It can include repeated uninvited presence at a person’s home, workplace, or school. The key is a pattern of conduct, not a single isolated act.

What is the penalty for stalking in Louisiana?

A first conviction carries a fine of five hundred to one thousand dollars and thirty days to one year in jail, plus a required psychiatric evaluation. Penalties climb sharply for repeat offenses, up to five to twenty years for a second conviction within seven years and up to forty years for a third. Enhancements also apply for weapons, protective orders, and child victims.

Does stalking require a direct threat?

Not necessarily. Stalking focuses on a repeated pattern of following or harassing that would alarm a reasonable person or cause emotional distress. Behaviorally implied threats can be enough. Because the statute turns on a pattern and on how a reasonable person would react, the context and history between the parties are usually central to the case.

Can constitutionally protected activity be charged as stalking?

No. The statute expressly excludes constitutionally protected activity from the definition of a pattern of conduct. That means lawful expression, protest, or communication cannot form the basis of a stalking charge. Whether conduct crosses from protected activity into a criminal pattern is often a contested and important issue in these cases.

Talk to a Louisiana stalking defense lawyer

A few quick questions help us understand your situation: Has an arrest already happened? Is there a protective order in place? Is this a first charge or a repeat matter? If you are facing a stalking charge, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

Stalking is charged under La. R.S. 14:40.2. Statutes change, so verify the current text at the Louisiana State Legislature. Stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress, and a first conviction carries a fine of five hundred to one thousand dollars and thirty days to one year, with steeper penalties for repeat offenses and various enhancements.

Source: La. R.S. 14:40.2, as amended through Acts 2018, No. 282.