§34.3. Battery of a school teacher

            A. Battery of a school teacher is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties or when the battery was committed because of the status of the victim as a school teacher.

            B. For the purposes of this Section, the following terms have the following meanings:

            (1) "Developmental disability" has the same meaning as provided in R.S. 28:451.2.

            (2) "School" means any public or nonpublic elementary, secondary, high school, vocational-technical school, college, special, or postsecondary school or institution, or university in this state.

            (3) "School teacher" shall include any teacher or instructor, administrator, staff person, or employee of any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution. For purposes of this Section, "school teacher" shall also include any teacher aide and paraprofessional, school bus driver, food service worker, and other clerical, custodial, or maintenance personnel employed by a city, parish, or other local public school board.

            (4) "Student" means any person registered or enrolled at the school where the school teacher is employed.

            C. Whoever commits the crime of battery of a school teacher shall be punished as follows:

            (1)(a) If the offender is a student and the battery does not cause serious bodily injury, he shall be fined not more than one thousand dollars or imprisoned for not less than thirty days nor more than six months. At least seventy-two hours of the sentence imposed shall be served without benefit of suspension of sentence.

            (b) If the offender is a student and the battery causes serious bodily injury, he shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not less than thirty days nor more than one year. At least seventy-two hours of the sentence imposed shall be served without benefit of suspension of sentence.

            (2) If the offender is not a student, regardless if the battery causes serious bodily injury, he shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both. At least six months of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

            Acts 1985, No. 871, §1; Acts 1994, 3rd Ex. Sess., No. 44, §1; Acts 1999, No. 936, §1; Acts 2008, No. 295, §1, eff. June 17, 2008; Acts 2009, No. 283, §1; Acts 2026, No. 617, §1.