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Identification

  • Acceptable Identification
    • Louisiana Revised Statutes § 32:411
    • Louisiana OMV Id Cards
    • In Louisiana, acceptable forms of identification vary depending on the purpose (evoting, driving, or other official matters).
    • Common forms of acceptable identification include:
    • State-Issued IDs:
      • Louisiana driver’s license.
      • Louisiana special identification card (for nondrivers).
      • Federal IDs:
        • U.S. passport.
        • U.S. military ID.
        • Permanent Resident Card (Green Card).
        • Employment Authorization Document (EAD).
      • Other IDs:
        • Tribal ID cards.
        • Student ID cards (accepted in limited circumstances, such as voting).
        • Concealed carry handgun license issued by Louisiana or another state.
  • Acceptable Digital Identification
    • Louisiana Revised Statutes § 32:411
    • Louisiana is one of the first states to implement official digital identification through the LA Wallet app, which allows residents to store and present a digital version of their Louisiana driver’s license or special identification card.
    • LA Wallet Features:
      • Louisiana residents can use the LA Wallet app to present a legally recognized digital driver’s license or ID for most purposes, including:
      • Traffic stops.
      • Age verification (purchasing alcohol).
      • Proof of identity in certain official settings.
    • Limitations:
      • Not all businesses or agencies may accept digital IDs, so it is advisable to carry a physical ID as a backup.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • Louisiana OMV Id Cards
    • Physical IDs in Louisiana require proof of identity, residency, and SSN.
    • Digital IDs via the LA Wallet app require a valid Louisiana driver’s license or state-issued ID.
    • To obtain a Louisiana driver’s license, special identification card, or digital ID, the following requirements must be met:
    • For a Physical Driver’s License or ID:
      • Proof of Identity:
        • U.S. birth certificate.
        • U.S. passport.
        • Certificate of Naturalization.
      • Proof of Louisiana Residency:
        • Utility bill, lease agreement, or bank statement with a Louisiana address.
      • Social Security Number (SSN):
        • Provide an SSN or proof of ineligibility for an SSN.
      • Application and Fees:
        • Complete the application at the Louisiana Office of Motor Vehicles (OMV) and pay the required fee.
    • For a Digital ID (LA Wallet):
      • To activate a digital driver’s license or ID in the LA Wallet app, you must already possess a valid Louisiana driver’s license or special identification card.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • Louisiana OMV Id Cards
    • Non-citizens and foreign nationals can use the following forms of identification in Louisiana:
      • Foreign Passport:
        • A valid foreign passport is generally accepted for identification purposes.
      • Immigration Documents:
        • Permanent Resident Card (Green Card).
        • Employment Authorization Document (EAD).
        • I-94 Arrival/Departure Record.
      • Consular IDs:
        • Some local jurisdictions may accept consular IDs ( Matricula Consular) for limited purposes, but these are not universally accepted statewide.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • Louisiana OMV Id Cards
    • Undocumented individuals cannot obtain a state ID or driver’s license in Louisiana due to the requirement for proof of lawful presence.
  • What privacy protections are in place for Digital Id’s in this state?
    • Louisiana Revised Statutes § 32:411
    • Title 18 U.S.C. 2721 § Driver’s Privacy Protection Act (DPPA)
    • Louisiana provides specific privacy protections for digital IDs issued through the LA Wallet app:
      • Encryption and Security:
        • The LA Wallet app uses encryption to protect personal information stored on the app.
      • Limited Data Sharing:
        • The app is designed to share only the necessary information with third parties (verifying age without sharing additional personal details).
      • State Privacy Laws:
        • Louisiana law limits the disclosure of personal information held by government agencies, including motor vehicle records, under the Driver’s Privacy Protection Act (DPPA).
  • Can Digital IDs be legally used for law enforcement verification?
    • Louisiana Revised Statutes § 32:411
    • Yes, digital IDs issued through the LA Wallet app are legally recognized for law enforcement verification in Louisiana.
      • Traffic Stops:
        • Louisiana law allows drivers to present a digital driver’s license through the LA Wallet app during traffic stops (Louisiana Revised Statutes § 32:411).
      • Other Uses:
        • Digital IDs can also be used for age verification (purchasing alcohol or tobacco) and other official purposes.

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • National Minimum Drinking Age Act of 1984
    • Louisiana Revised Statutes § 14:93.10
    • Federal Law:
      • Federal law under the Minimum Drinking Age Act of 1984 mandates that states prohibit the sale of alcohol to individuals under the age of 21.
      • It does not regulate access to bars or alcohol-serving venues. These rules are determined by state law.
    • Louisiana State Law:
      • Individuals must be 21 years old to legally purchase or consume alcohol.
      • Minors aged 18-20 are allowed to enter bars, restaurants, and venues that serve alcohol, provided they do not purchase or consume alcohol.
      • Some establishments may impose stricter age restrictions (21+ only) as a matter of policy.
  • Age permitted to consume Alcohol
  • Age permitted to serve Alcohol
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
    • Louisiana Revised Statutes § 14:98
    • There is no defined legal limit on how much alcohol an individual can consume in Louisiana, but public intoxication and DUI laws regulate behavior resulting from excessive consumption.
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • Louisiana Revised Statutes § 14:98
    • The legal BAC limits in Louisiana are as follows:
      • 0.08% for drivers aged 21 and older.
      • 0.02% for drivers under the age of 21.
      • 0.04% for commercial drivers
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • Louisiana Revised Statutes § 14:93.10
    • Louisiana allows minors (under 21) to consume alcohol under the following exceptions:
    • Religious Ceremonies:
      • Minors may consume alcohol as part of a religious ceremony (communion).
    • Parental Supervision:
      • Minors may consume alcohol if they are in the presence of a parent, guardian, or legal-age spouse who consents to the consumption.
  • What are the penalties for providing alcohol to minors at a private residence?
    • Louisiana Revised Statutes § 14:93.11
    • Penalties for providing alcohol to minors include:
      • Fines: Up to $500 for a first offense.
      • Imprisonment: Up to 6 months for a first offense.
      • Repeat offenses may result in increased fines and jail time.
      • If providing alcohol to a minor results in injury or death (drunk driving), additional criminal charges, such as negligence or manslaughter, may apply.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
  • Age permitted to use Tobacco
  • Age permitted to sell Tobacco
  • Age permitted to purchase Tobacco
  • What is the consumable limit (if any)
    • There is no legal consumable limit for tobacco in Louisiana, but smoking is restricted in certain public areas.
  • What is the purchase limit (if any)
  • Are vaping products regulated differently from traditional tobacco in this state?
    • Louisiana Revised Statutes § 14:91.8
    • Federal Law:
      • Under the Tobacco Control Act, vaping products (e-cigarettes, vape pens, etc.) are regulated as tobacco products by the FDA.
      • The Tobacco 21 Law applies to both traditional tobacco products and vaping products, requiring purchasers to be at least 21 years old.
    • Louisiana State Law:
      • Louisiana regulates vaping products in the same way as traditional tobacco products.
      • The sale, possession, and use of vaping products are prohibited for individuals under 21 years old.
      • Vaping is also restricted in certain public spaces and workplaces under Louisiana’s Smoke-Free Air Act.
  • Are flavored vapes or disposable e-cigarettes banned?
    • Louisiana Revised Statutes § 14:91.8
    • FDA
      • Federal law prohibits the sale of closed-system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
    • Louisiana State Law:
      • In Louisiana, flavored closed-system vaping devices (pods, cartridges) are banned under federal law, except for tobacco and menthol flavors. Flavored disposable e-cigarettes and open-system devices remain legal.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • Controlled Substances Act
    • Louisiana Revised Statutes § 40:1046
    • Federal Law:
      • Cannabis remains classified as a Schedule I controlled substance under the federal Controlled Substances Act (CSA). Federal law prohibits the possession, sale, or use of cannabis, regardless of age, except for federally approved medical research. However, enforcement is largely left to state laws for intrastate activities.
    • Louisiana State Law:
      • Recreational cannabis is illegal in Louisiana; therefore, there are no recreational dispensaries.
      • Medical cannabis is legal, and only licensed medical marijuana pharmacies (dispensaries) are permitted to distribute cannabis under Louisiana law.
        • Individuals must be at least 18 years old to enter a licensed medical cannabis dispensary, and they must have a valid medical marijuana recommendation from a licensed physician.
        • Minors may access medical cannabis through a designated caregiver if they have a qualifying condition and a physician’s recommendation.
  • Age permitted to use Cannabis
  • Age permitted to sell Cannabis
    • Louisiana Revised Statutes § 40:1046
    • In Louisiana, individuals must be at least 18 years old and work for a licensed medical cannabis dispensary to legally sell cannabis. Recreational cannabis sales are prohibited.
  • Age permitted to purchase Cannabis
    • Louisiana Revised Statutes § 40:1046
    • Recreational cannabis purchases are illegal in Louisiana.
    • Medical cannabis purchases are allowed for individuals aged 18 and older with a valid physician’s recommendation.
    • Minors may purchase medical cannabis through a designated caregiver.
      • A designated caregiver (a parent or legal guardian) must register on behalf of the minor and purchase and administer the medical cannabis.
      • Caregivers must meet state requirements, including being at least 21 years old and completing the necessary documentation to act on behalf of the minor
  • What is the consumable limit (if any)
    • Louisiana Revised Statutes § 40:1046
    • There is no defined consumable limit for medical cannabis in Louisiana, as dosage and form are determined by a physician. Recreational cannabis consumption is illegal.
  • What is the purchase limit (if any)
    • Louisiana Revised Statutes § 40:1046
    • Medical cannabis patients in Louisiana may purchase up to a 30-day supply as prescribed by their physician. Recreational cannabis purchases are illegal.
  • Can minors obtain medical cannabis with a prescription?
    • Louisiana Revised Statutes § 40:1046
    • Yes, minors can obtain medical cannabis in Louisiana if they have a qualifying medical condition and a physician’s recommendation.
    • A designated caregiver (a parent or legal guardian) must register on behalf of the minor and purchase and administer the medical cannabis.
    • Caregivers must meet state requirements, including being at least 21 years old and completing the necessary documentation to act on behalf of the minor.

Adult Media

  • Age permitted to access Adult Content ONLINE
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • Louisiana Revised Statute § 23:1019.1
    • Louisiana Revised Statute § 14:91:11
    • Sex Shops: Individuals must be at least 18 years old to enter adult retail stores (sex shops) that sell adult materials or products.
    • Strip Clubs: Individuals must be at least 18 years old to enter strip clubs in Louisiana. Some establishments may set their own policies requiring patrons to be 21 years old if alcohol is served on the premises.
    • Burlesque Shows: Burlesque shows are typically considered a form of artistic or theatrical performance and may not always be classified as adult entertainment. Age restrictions for burlesque performances depend on whether the venue serves alcohol (21+) or if the performance is explicitly adult-themed (18+).
  • Are websites required to verify age for accessing adult content?
  • What penalties exist for providing minors access to adult material online?
    • Louisiana Revised Statute § 25:255
    • Louisiana Act 440 (2022)
    • Title 18 Section 1470 Federal laws prohibit the distribution of obscene materials to minors. Violations can result in significant fines and imprisonment.
    • Federal Law:
      • Under Title 18, Section 1470 of the U.S. Code, it is illegal to knowingly transfer or distribute obscene materials to minors under the age of 18.
      • Violations can result in:
        • Fines of up to $250,000.
        • Imprisonment for up to 10 years.
    • Louisiana State Law:
      • Louisiana law also prohibits the distribution of adult content to minors under 18 years old.
      • Violators may face criminal charges and civil penalties, including fines and potential imprisonment.
  • What is the minimum age to work in the adult entertainment industry?
    • Louisiana Workforce commission – Employment for minors
    • Louisiana Revised Statute § 23:215
    • Federal Law:
      • Federal law prohibits the employment of minors (under 18 years old) in the adult entertainment industry, including the production of pornography or employment in strip clubs. Violations are subject to severe penalties under federal child exploitation laws.
    • Louisiana State Law:
      • Louisiana law prohibits individuals under the age of 18 from working in the adult entertainment industry, including as performers in strip clubs or in the production of adult content.
      • Employees working in venues that serve alcohol (strip clubs) must generally be at least 18 years old to work in non-entertainment roles and 21 years old for roles involving alcohol service.
  • Are there restrictions on employment terms for adult content creators?
    • Louisiana Revised Statute § 14:91:11
    • Title 18 U.S.C S§ 2557
    • Federal Law:
      • Federal law imposes strict requirements on the production of adult content to prevent exploitation and ensure compliance with obscenity laws.
      • Under the Child Protection and Obscenity Enforcement Act (18 U.S.C. § 2257), adult content producers must:
        • Verify the age of performers using government-issued identification.
        • Maintain detailed records of performers’ age and identity.
        • Ensure that all performers are at least 18 years old.
    • Louisiana State Law:
      • Louisiana follows federal guidelines for the production of adult content. Louisiana law also prohibits the production of obscene materials involving minors and imposes severe penalties for violations, including imprisonment and fines.

Voting

  • Age permitted to register to vote in the state
    • Louisiana Revised Statutes § 18:101
    • Federal Law:
    • Louisiana State Law:
      • Individuals must be at least 17 years old to register to vote in Louisiana, but they cannot vote until they turn 18 years old.
      • Individuals who will turn 18 years old by the date of a general election can register to vote and participate in that election.
  • Age permitted to vote in the state
  • What Identification requirements are needed to vote on a regular ballot
    • Louisiana Revised Statutes § 18:562
    • Louisiana requires voters to present one of the following forms of photo identification at the polls when voting on a regular ballot:
      • A Louisiana driver’s license.
      • A Louisiana special ID card issued by the Office of Motor Vehicles.
      • Any other generally recognized photo ID that contains the voter’s name and signature ( a U.S. passport or military ID).
        • If a voter does not have a photo ID, they may still vote by signing an affidavit verifying their identity. Election officials may then verify the voter’s identity by comparing their signature to the one on file in the voter registration records.
  • What Identification requirements are needed to vote on a Provisional ballot
    • Louisiana Revised Statutes § 18:566
    • Provisional Voting Guide
    • A provisional ballot is used when there are questions about a voter’s eligibility, such as when a voter does not present valid photo identification.
    • If a voter casts a provisional ballot, they must provide additional documentation to verify their identity and eligibility before the ballot is counted. This typically involves providing proof of registration or identification to the parish registrar of voters within the required timeframe.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Louisiana Revised Statutes § 18:101
    • Louisiana Revised Statutes § 18:102
    • Voting Rights Act of 1965
    • Louisiana follows federal voting laws and imposes additional state-specific restrictions and requirements:
      • Felony Convictions:
        • Individuals convicted of a felony in Louisiana are temporarily disenfranchised while they are incarcerated.
        • Voting rights are restored upon completion of incarceration, parole, or probation.
        • Individuals who have been out of prison for at least five years (even if still on parole or probation) are eligible to register and vote.
      • Residency Requirements:
        • Voters must be residents of Louisiana and the parish in which they are registering to vote.
      • Registration Deadlines:
        • Voter registration must be completed 30 days before the election for in-person or mail-in registration.
        • Online voter registration must be completed 20 days before the election.
      • ID Requirements:
        • Photo identification is required to vote on a regular ballot.

Employment

  • Minimum Age to work in the state
    • At what age can minors legally begin working in this state?
      • Answer
    • Are there different age requirements for different types of jobs (hazardous work, agriculture, entertainment industry, etc.)?
      • Answer
  • Work Permit Requirements for Minors
    • Answer
  • Restrictions on Work Hours for Minors
    • Are there limits on how many hours a minor can work per day or per week?
      • Answer

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Terry v. Ohio, 392 US
    • Louisiana Revised Statutes § 32:411
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
        • When an officer has reasonable suspicion that the person is involved in a crime
      • In Louisiana, individuals are not required to show ID unless they are driving, involved in a lawful detention based on reasonable suspicion, or obstructing a lawful investigation.
    • Can you be detained or arrested for refusing to show ID?
      • If an officer has reasonable suspicion of criminal activity and you refuse to verbally identify yourself, you may be detained while the officer attempts to establish your identity.
      • Refusing to identify yourself during a lawful stop may escalate the situation and could lead to arrest in some circumstances.
  • “Stop and Identify” Laws in this state
    • CCRP215.1
    • Louisiana Revised Statutes § 32:411
    • Hiibel v. Sixth Judicial District Court
    • What is this state’s specific laws regarding police stops and ID requirements?
      • Louisiana does not have a specific “Stop and Identify” statute.
      • While police may request identification during a lawful stop, you are not legally required to show physical ID unless you are driving or engaged in certain activities.
      • You must verbally provide your name if the officer has reasonable suspicion of criminal activity.
    • Do you have the right to remain silent or refuse to provide ID in certain situations?
      • Fifth Amendment – US Constitution
      • The Fifth Amendment protects your right to remain silent and not incriminate yourself. However, the Fifth Amendment does not protect you from refusing to provide your name during a lawful stop in states where verbal identification is required.
      • In Louisiana, you are generally required to verbally identify yourself during a lawful stop but are not required to provide physical ID unless driving or in specific regulated circumstances.
  • Public Place ID Requirements
    • CCRP 215.1
    • RS 32:407
    • Are there any public areas where a person must carry ID?
      • Louisiana does not require individuals to carry ID in public unless they are engaged in specific regulated activities (driving).
      • If law enforcement has reasonable suspicion of criminal activity, they may request your name, and failure to verbally identify yourself could lead to detention.
    • Are there curfew or loitering laws requiring ID verification?
      • Curfew Laws:
        • Many Louisiana municipalities have curfew laws for minors. For example, in New Orleans, minors under 17 years old are generally prohibited from being in public places during curfew hours (11:00 PM to 5:00 AM on weekdays).
        • Police may ask minors to verify their age if stopped during curfew hours, but carrying ID is not explicitly required.
      • Loitering Laws:
        • Louisiana does not have a statewide loitering law, but local ordinances may prohibit loitering in specific areas. Police may request identification to verify compliance with these ordinances.
  • Traffic Stops and ID Requirements
    • Louisiana Revised Statutes § 32:411
    • Are you required to provide an ID when pulled over by law enforcement?
      • Yes. Drivers are required to provide a valid driver’s license, vehicle registration, and proof of insurance when pulled over by law enforcement.
    • What are the consequences of refusing to show ID during a traffic stop?
      • Refusing to provide a driver’s license during a traffic stop may result in:
        • Fines: Failure to present a valid driver’s license is a traffic offense.
        • Arrest: If you refuse to provide identification, the officer may arrest you until your identity can be verified.
  • Passenger ID Requirements in Vehicles
    • Law of Ossie Brown Stop and Identify State
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Passengers are generally not required to show identification during a traffic stop unless the officer has reasonable suspicion that the passenger is involved in a crime or if the passenger is being detained for a specific reason.
    • Can passengers legally refuse to provide ID?
      • Passengers may legally refuse to provide ID unless the officer has reasonable suspicion or probable cause to believe the passenger is involved in criminal activity. In such cases, refusing to provide ID may result in detention.
  • Curfew Laws for Minors
    • Local Codes : Example: West Monroe, Louisiana
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • Minors are not explicitly required to carry ID to prove their age, but law enforcement may request verbal identification or proof of age if a minor is stopped for violating curfew laws.
    • What are the penalties for violating curfew laws?
      • Penalties for violating curfew laws may include:
        • Fines: Monetary penalties for the minor or their parents/guardians.
        • Warnings: First-time offenders may receive a warning.
        • Community Service: Courts may impose community service for repeated violations.
  • Trespassing and ID Requirements
    • RS 14:63
    • Can police demand ID if someone is suspected of trespassing?
      • Yes. If police have reasonable suspicion that someone is trespassing, they may request identification. While Louisiana does not have a specific “Stop and Identify” law, refusing to verbally identify yourself in such situations may lead to detention.
    • What are the consequences of refusing to provide identification in such situations?
      • Refusing to provide identification when suspected of trespassing may result in:
        • Detention: Police may detain you to verify your identity.
        • Arrest: If police have probable cause to believe you are trespassing and you refuse to identify yourself, you may be arrested.