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Louisiana Malfeasance in Office Explained

The Barkemeyer Law Firm are Malfeasance in Office defense lawyers in Louisiana. We defend those charged with Malfeasance in Office throughout the State of Louisiana. Whether your charge is in East or West Feliciana, Baton Rouge, or any other parish or town, we may be able to help.  

Malfeasance in Office is a serious felony that requires special attention and experience to adequately defend. These charges can greatly impact the defendant’s life. The defendant not only loses his/her job, but must also deal with public scrutiny and the difficulty of not being able to find future employment.

Malfeasance in Office basically falls within one of two statutes. Louisiana provides a statute prohibiting Malfeasance when sexual conduct is involved. This charge carries up to ten years in prison. Mr. Barkemeyer understands the severity of these charges and always fights hard to defend the rights of the accused to get the best possible outcome. See the below Louisiana statutes for more information:

 Malfeasance in Office – La. R.S. 14:134

A. Malfeasance in office is committed when any public officer or public employee shall:

(1) Intentionally refuse or fail to perform any duty lawfully required of him, as such officer or employee; or

(2) Intentionally perform any such duty in an unlawful manner; or

(3) Knowingly permit any other public officer or public employee, under his authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to perform any such duty in an unlawful manner.

B. Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.

C.(1) Whoever commits the crime of malfeasance in office shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars, or both.

(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.


Malfeasance in Office – Sexual Conduct Prohibited – 14:134.1

A. It shall be unlawful and constitute malfeasance in office for any of the following persons to engage in sexual intercourse or any other sexual conduct with a person who is under their supervision and who is confined in a prison, jail, work release facility, or correctional institution, or who is under the supervision of the division of probation and parole:

(1) A law enforcement officer.

(2) An officer, employee, contract worker, or volunteer of the Department of Public Safety and Corrections or any prison, jail, work release facility, or correctional institution.

B. Whoever violates a provision of this Section shall be fined not more than ten thousand dollars or imprisoned at hard labor for not more than ten years, or both.

C. For purposes of this Section, “law enforcement officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.


Defenses to Malfeasance in Office in Louisiana

There are defenses to malfeasance cases in Louisiana. Most malfeasance cases involve the public official doing something he/she should not be doing or failing to perform an official duty.  The facts must be examined to determine the defenses as no two malfeasance cases are the same. The duties of the official must be proven by the prosecutor before a violation of the statute can be proven. It is the burden of the prosecutor to show that there was a duty and exactly what that duty was.  It must be proven that the defendant was informed of the duty and did in fact violate the duty.


Malfeasance in Office by Corrections Officers

We have represented clients all around Louisiana who were corrections officers at prisons and were charged with Malfeasance in Office – Sexual Conduct.  It is illegal for a corrections officer to engage in sexual conduct with the inmates. This is a serious charge that has serious consequences.  Our clients are usually hard-working individuals who just made a mistake. We know how to defend them and get the best result.  We understand the difficult experience the are going through with this charge. They must deal with losing their job, marriage problems, and fear of finding employment. We have been successful getting our clients through the system so they can get back onto their feet.

Lawyers for Malfeasance From All the State Prisons in Louisiana

    Allen Correctional Center in Kinder, Louisiana – Allen Parish

    B.B. Rayburn Correctional Center in Angie, Louisiana – Washington Parish

    David Wade Correctional Center in Homer, Louisiana – Claiborne Parish

    Dixon Correctional Institute in Jackson, Louisiana – East Feliciana Parish

    Elayn Hunt Correctional Center in St. Gabriel, Louisiana – Iberville Parish

    Louisiana Correctional Institute for Women in St. Gabriel, Louisiana – Iberville Parish

    Louisiana State Penitentiary in Angola, Louisiana – West Feliciana Parish

    Raymond Laborde Correctional Center in Cottonport, Louisiana – Avoyelles Parish

    Winn Correctional Center in Atlanta, Louisiana – Winn Parish


We Defend Malfeasance in Office From All Parish Prisons

Regardless of the parish prison you were working at in Louisiana, our defense lawyers may be able to help.  We have represented corrections officers in many different parishes throughout the state who were charged with malfeasance in office – sexual conduct. Contact us for help.


Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, Monroe, Lake Charles and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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