§40.8. Criminal hazing
A.(1) Except as provided by Subsection D of this Section, it shall be unlawful for
any person to commit an act of hazing.
(2)(a) Except as provided by Subparagraph (b) of this Paragraph, any person who
commits an act of hazing shall be either fined up to one thousand dollars, imprisoned for up
to six months, or both.
(b) If the hazing results in the serious bodily injury or death of the victim, or the
hazing involves forced or coerced alcohol consumption that results in the victim having a
blood alcohol concentration of at least 0.30 percent by weight based on grams of alcohol per
one hundred cubic centimeters of blood, any person who commits an act of hazing shall be
fined up to ten thousand dollars and imprisoned, with or without hard labor, for up to five
years.
B.(1)(a) If any person serving as a representative or officer of an organization,
including any representative, director, trustee, or officer of any national or parent
organization of which any of the underlying entities provided for in Paragraph (C)(3) of this
Section is a sanctioned or recognized member at the time of the hazing, knew and failed to
report, as soon as practicable under the circumstances, to law enforcement that one or more
of the organization's members were hazing another person, the organization may be subject
to the following:
(i) Payment of a fine of up to ten thousand dollars.
(ii) Forfeiture of any public funds received by the organization.
(iii) Forfeiture of all rights and privileges of being an organization that is organized
and operating at the education institution for a specific period of time as determined by the
court. If the hazing results in the serious bodily injury or death of the victim, or results in the
victim having a blood alcohol concentration of at least 0.30 percent by weight based on
grams of alcohol per one hundred cubic centimeters of blood, the period of time shall be for
not less than four years.
(b) Information reported to law enforcement as provided in Subparagraph (a) of this
Paragraph shall include all details received by the organization relative to the alleged
incident, with no information being redacted, including the name of all individuals alleged
to have committed the act or acts of hazing.
(2) An education institution that receives a report alleging the commission of an act
or acts of hazing by one or more members of an organization that is organized and operating
at the education institution shall report, as soon as practicable under the circumstances, the
alleged act or acts to the law enforcement agency having jurisdiction in the place where the
alleged act or acts of hazing occurred. The information reported to law enforcement as
required by this Paragraph shall include all details received by the institution relative to the
alleged incident, with no information being redacted, including the name of all individuals
alleged to have committed the act or acts of hazing. Any education institution who fails to
comply with the provisions of this Paragraph may be subject to a fine of up to ten thousand
dollars.
C. For purposes of this Section:
(1) "Education institution" means any elementary or secondary school or any
postsecondary education institution in this state.
(2)(a) "Hazing" is any intentional, knowing, or reckless act by a person acting alone
or acting with others that is directed against another when both of the following apply:
(i) The person knew or should have known that the act endangers the physical health
or safety of the other person or causes severe emotional distress.
(ii) The act was associated with pledging, being initiated into, affiliating with,
participating in, holding office in, or maintaining membership in any organization.
(b) "Hazing" includes but is not limited to any of the following acts associated with
pledging, being initiated into, affiliating with, participating in, holding office in, or
maintaining membership in any organization:
(i) Physical brutality, such as whipping, beating, paddling, striking, branding,
electronic shocking, placing of a harmful substance on the body, or similar activity.
(ii) Physical activity, such as sleep deprivation, exposure to the elements,
confinement in a small space, or calisthenics, that subjects the other person to an
unreasonable risk of harm or that adversely affects the physical health or safety of the
individual or causes severe emotional distress.
(iii) Activity involving consumption of food, liquid, or any other substance,
including but not limited to an alcoholic beverage or drug, that subjects the individual to an
unreasonable risk of harm or that adversely affects the physical health or safety of the
individual or causes severe emotional distress.
(iv) Activity that induces, causes, or requires an individual to perform a duty or task
that involves the commission of a crime or an act of hazing.
(c) A physical activity that is normal, customary, and necessary for a person's
training and participation in an athletic, physical education, military training, or similar
program sanctioned by the education institution is not considered "hazing" for purposes of
this Section.
(3) "Organization" means a fraternity, sorority, association, corporation, order,
society, corps, cooperative, club, service group, social group, band, spirit group, athletic
team, or similar group whose members are primarily students at, or former students of, an
education institution."Organization" includes the national or parent organization of which
any of the underlying entities provided for in this Paragraph is a sanctioned or recognized
member at the time of the hazing.
(4) "Pledging", also known as "recruitment" or "rushing", means any action or
activity related to becoming a member of an organization.
D.(1) This Section does not apply to an individual who is the subject of the hazing,
regardless of whether the individual voluntarily allowed himself to be hazed.
(2) It is not a defense to prosecution for a violation of this Section that the individual
against whom the hazing was directed consented to or acquiesced in the hazing.
E.(1) The penalties provided in Subsection B of this Section may be imposed in
addition to any penalty that may be imposed for any other criminal offense arising from the
same incident or activity, and in addition to any penalty imposed by the organization or
education institution pursuant to its by-laws, rules, or policies regarding hazing.
(2) Nothing in this Section precludes any civil remedy provided by law.
Acts 2018, No. 635, §1; Acts 2019, No. 382, §1.