War Emergency

La. Laws div. RS, tit. 53

in effect

La. R.S. 53:1 Issuing agents of United States bonds; authority

53:1. Issuing agents of United States bonds; authority During the continuance of any emergency proclaimed by the President of the United States or of a state of war between the United States and a foreign nation or nations and for the time thereafter which may be expedient or necessary, all persons operating or doing business under the laws of the state may act as issuing agents for the sale and issue of obligations of the United States upon designation by and qualification with the Secretary of the Treasury of the United States or under his authority.

La. R.S. 53:2 Acceptance of federal aid

53:2. Acceptance of federal aid The state or any political subdivision of the state may accept any offer of equipment, supplies, materials or funds for war-time or defense activities made by the United States of America or by any officer or agency thereof, subject to the terms of the offer and to the rules and regulations of the offeror. If the state is the offeree the governor shall designate some state officer, and if a political subdivision is the offeree the chief executive officer shall designate one of its officers, who shall accept the offer on behalf of the offeree.

La. R.S. 53:3 Registration of aliens

53:3. Registration of aliens When a state of war exists between the United States and a foreign country, or, in the judgment of the governor, public safety or necessity requires, the governor may, by proclamation, direct every subject or citizen of foreign countries designated in the proclamation, who are in this state, or who may from time to time come into the state, to appear within twenty-four hours after the date specified in the proclamation or after arrival within the state, before the public authorities designated in the proclamation, and personally register his or her name, residence, business, length of stay and other information which the governor may require. The proclamation shall be published in the newspapers designated by the governor. Every person to whom the proclamation is applicable shall also comply with any rules of personal identification which the governor shall from time to time prescribe. The occupant of every private residence, and the owner, lessee or proprietor, operating or managing every hotel, inn, boarding or rooming house, shall, within twenty-four hours after the date specified in the proclamation, notify the public authorities of the presence therein of every subject or citizen of a foreign country to whom the proclamation is applicable, and shall each day thereafter notify the public authorities of the arrival thereat or departure therefrom of every subject or citizen of a foreign country. Whoever violates this Section shall be fined not more than one thousand dollars or imprisoned for not more than one year or both.

La. R.S. 53:41 Governor authorized to carry out precautionary measures

53:41. Governor authorized to carry out precautionary measures The governor may carry out, throughout the state or in any area of the state, all precautionary measures against air raids and other forms of attack, all measures which will effect the discontinuance of any activity which may assist an enemy in accomplishing his objective, and precautionary measures to minimize the loss of life or property which might result from enemy attacks. The governor may make, amend, or rescind general or special orders, rules, and regulations necessary in this connection, which are not inconsistent with any order, rule, or regulation of the Armed Forces of the United States or of the Director of Civilian Defense.

La. R.S. 53:42 Blackouts and radio silences

53:42. Blackouts and radio silences Blackouts and radio silences shall be carried out only in the areas, at the times, and for the periods designated by air raid warnings or orders with respect thereto issued by the United States Army, or its duly designated agency and only under conditions and in a manner not inconsistent with any warning or order. Practice blackouts shall be held only when and as authorized by the United States Army or its duly designated agency.

La. R.S. 53:43 Governor may delegate authority

53:43. Governor may delegate authority The governor may delegate in writing, whenever he determines the circumstances warrant, the authority granted in this Chapter to carry out precautionary measures to any agencies or persons he may designate or appoint for this purpose, or are designated or appointed pursuant to orders, rules, or regulations promulgated pursuant to this Chapter. The governor may modify or revoke this authority at any time.

La. R.S. 53:44 Cooperation with other states

53:44. Cooperation with other states The governor may negotiate and act in concert with the proper authorities of other states with a view to effecting a synchronization and uniformity of blackouts and other precautionary measures in this state and all parts of other states necessary to carry out the intent and purpose of this Chapter.

La. R.S. 53:45 Governing authority of political subdivision authorized to carry out precautionary measures

53:45. Governing authority of political subdivision authorized to carry out precautionary measures The governing authority of each political subdivision of the state may carry out in his jurisdiction all precautionary measures ordered by the governor and any additional precautionary measures the governing authority may deem necessary, subject to the limitations and provisions of R.S. 53:41. The governing authority may make, amend or rescind any orders, rules, and regulations deemed necessary in this connection but the measures, orders, rules, and regulations shall not be inconsistent with those taken or promulgated by the governor or by the Armed Forces of the United States or by the Director of Civilian Defense.

La. R.S. 53:46 Provisions included in orders and regulations

53:46. Provisions included in orders and regulations Without limiting the generality of the foregoing provisions, the orders, rules, and regulations authorized in this Chapter may include provisions for blackouts, practice blackouts, radio silences, uniform air raid signals, the control of traffic movements of emergency or other vehicles, evacuation of residents, controlling congregation of persons on public highways, streets and sidewalks and in public places or buildings, lighting of highways and streets, buildings and vehicles, and noises of all kinds, and provisions as to the qualifications, training, powers, rights, duties, privileges and immunities of persons authorized to be appointed pursuant to R.S. 53:48.

La. R.S. 53:47 Enforcement of orders and regulations by law enforcement authorities

53:47. Enforcement of orders and regulations by law enforcement authorities The law enforcing authorities of the state and of the political subdivisions of the state are authorized and directed to enforce the orders, rules, and regulations made or issued pursuant to this Chapter.

La. R.S. 53:48 Appointment of air raid wardens and other workers

53:48. Appointment of air raid wardens and other workers The governing authority of each political subdivision of the state may appoint and remove air raid wardens, fire watchers, auxiliary personnel and other civilian defense workers. No appointments or removals shall be made to or from positions under the appointive authority of the Armed Forces of the United States or the Director of Civilian Defense.

La. R.S. 53:49 Immunity from liability

53:49. Immunity from liability Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, nor any individual, firm, partnership, corporation, association, trustee, or receiver, or any of the agents thereof, in good faith carrying out, complying with, or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this Chapter or pursuant to any ordinance relating to blackouts or other precautionary measures enacted by any political subdivision of the state shall be liable for any injury or death to persons or damage to property as the result of any such activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under the worker's compensation law or any pension law or any act of Congress. Acts 1983, 1st Ex.Sess., No. 1, §6.

La. R.S. 53:50 Violations of provisions of Chapter; penalties

53:50. Violations of provisions of Chapter; penalties Whoever violates any regulations or orders promulgated under the provisions of this Chapter shall be fined not less than fifty dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both.

La. R.S. 53:101 Agent of state; cooperation with federal government

53:101. Agent of state; cooperation with federal government The state department of public welfare, or such other state department, office, agency or commission, designated by the Governor for the purpose, shall have authority to act as agent of the state to cooperate with the federal government in providing assistance for the relief of distress suffered by any person by reason of any restrictive action of the federal government, the evacuation of civilians, sabotage, civil defense measures or enemy action, whether such distress occur during or prior to the existence of a state of war. Amended by Acts 1951, 1st Ex.Sess., No. 20, §1.

La. R.S. 53:102 Rules and regulations; powers and duties

53:102. Rules and regulations; powers and duties The department of public welfare, or such other department, office, agency, or commission, designated by the Governor for the purpose, may establish all rules and regulations to take any action necessary and desirable, in conformity with the laws, rules and regulations of the federal government, grant monetary assistance, make investigations and render all other necessary or desirable services to any person who has suffered distress by reason of any restrictive action of the federal government, the evacuation of civilians, sabotage, civil defense measures or enemy action, whether such distress occur during or prior to the existence of a state of war. Amended by Acts 1951, 1st Ex.Sess., No. 20, §2.

La. R.S. 53:103 Grants of assistance; cost of investigation and services

53:103. Grants of assistance; cost of investigation and services The department of public welfare, or such other department, office, agency or commission, designated by the Governor for the purpose, shall have power and authority to accept any grant of assistance, made available by the federal government for any of the purposes mentioned in this Chapter; provided, that all grants of monetary assistance and the cost of investigation and services made under the provisions of this Chapter shall be paid out of the regular state appropriation made to the department, office, agency or commission affected, on the condition that such department, office, agency or commission has entered into a prior agreement with the appropriate federal agency providing for reimbursement for these expenditures. Amended by Acts 1951, 1st Ex.Sess., No. 20, §3.

La. R.S. 53:151 Powers of public bodies

53:151. Powers of public bodies Political subdivisions and public agencies of Louisiana and those created jointly by Louisiana and another state, acting either singly or jointly, may by a majority vote of its governing body: (1) Acquire in any manner, construct, repair, operate, and maintain any real or personal property within or without their territorial limits or partially within and partially without their territorial limits which is necessary to the fulfillment of the purposes or provisions of any permit, license, lease, contract, deed, agreement or other instrument granted by, or entered into with the United States of America or any department, agency, or independent establishment of the United States in connection with the national war and defense program; (2) Accept from the United States or other sources money or property, either real or personal, to aid them in operating and maintaining these projects; (3) Do all acts and things necessary or convenient to carry out the powers given in this Section.

La. R.S. 53:152 Purpose and construction of R.S. 53:151

53:152. Purpose and construction of R.S. 53:151 The powers conferred by R.S. 53:151 shall be in addition and supplemental to the powers conferred by any other law, and shall not be subject to any limitation there contained. The limitations of R.S. 53:151 shall not affect the powers conferred by any other law.

La. R.S. 53:201 Sabotage defined; penalty

53:201. Sabotage defined; penalty Sabotage is the intentional (1) Destroying, damaging, moving, or interfering with any property with reasonable ground to believe that the act will interfere with the preparation of the United States or of any state for defense or for war or with the prosecution of war by the United States. (2) Making, causing to be made, or omitting to note on inspection any defects in any article or thing with reasonable ground to believe that the article or thing is intended to be used in connection with the preparation of the United States or of any state for defense or for war or for the prosecution of war by the United States, or that the article or thing, in whole or in part, is one of a number of similar articles or things, some of which, or parts of which are intended to be so used. Whoever commits the crime of sabotage shall be imprisoned at hard labor for not less than one year nor more than ten years.

La. R.S. 53:202 Attempt to commit sabotage; penalty

53:202. Attempt to commit sabotage; penalty Attempt to commit sabotage is the (1) Inciting or inducing a person to commit sabotage. (2) Entering property of a person with intent to commit sabotage in or on the property. (3) Producing, assembling, mixing, procuring, transporting or storing of any article, material, or substance for the purpose of or with the intent of using it in the commission of sabotage. Whoever attempts to commit sabotage shall be imprisoned at hard labor for not less than one year nor more than five years.

La. R.S. 53:203 Conspiracy to commit sabotage; penalty; acquittal of co-conspirators

53:203. Conspiracy to commit sabotage; penalty; acquittal of co-conspirators Conspiracy to commit sabotage is the unlawful counseling with another person or the unlawful agreement or combination of two or more persons to commit sabotage or to procure the commission of sabotage. Whoever conspires to commit sabotage shall be imprisoned at hard labor for not less than one year nor more than ten years. It shall not constitute a defense or ground for suspension of judgment, sentence, or punishment of any person prosecuted under this Section, that any of his fellow conspirators have been acquitted, have not been arrested or convicted, are not amenable to justice, or have been pardoned or discharged before or after conviction.

La. R.S. 53:204 Persons compelled to testify; immunity

53:204. Persons compelled to testify; immunity Upon the trial of any indictment or information, charging the crimes of attempt to commit sabotage or conspiracy to commit sabotage, no person otherwise competent as a witness shall be disqualified or excused from testifying, concerning the offense charged, on the grounds that the testimony may incriminate himself; but no prosecution can afterwards be had against him concerning the matters upon which he has testified except for perjury in giving the testimony, or contempt of court based upon the giving or refusing to give or the producing or refusing to produce testimony or documents.

La. R.S. 53:205 Unlawful entry on property; penalty

53:205. Unlawful entry on property; penalty Any person, the state, or any political subdivision engaged in or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war or in the prosecution of war by the United States or the manufacture, transportation, distribution, or storage of gas, oil, coal, electricity, or water, or the operation of any public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post around his or its property at each gate, entrance, dock or railway entrance and every one hundred feet of waterfront a sign reading "No Entry Without Permission". Whoever wilfully enters upon premises so posted without permission of the owner shall be fined not less than five dollars nor more than fifty dollars or imprisoned for not less than two days nor more than ten days, or both. This Section and R.S. 53:206 shall be in effect only so long as a state of war exists between the United States and any other nation. Any violation of this Section committed while it is in force may be prosecuted and punished thereafter, whether or not this Section is in force at the time of the prosecution or punishment.

La. R.S. 53:206 Questioning and detaining suspected persons

53:206. Questioning and detaining suspected persons Any sheriff, police or any person employed as watchman, guard, or in a supervisory capacity on premises posted as provided in R.S. 53:205 may stop any person found on any premises to which entry without permission is forbidden by R.S. 53:205 and may detain him for the purpose of demanding, and may demand, of him his name, address and business on the premises. If the sheriff, police or employee has reason to believe from the answers of the person so interrogated that the person has no right to be there, the sheriff, police, or employee shall forthwith release the person or he may arrest the person without a warrant on the charge of violating the provisions of R.S. 53:205. The employee shall forthwith release the person or turn him over to a sheriff or police, who may arrest him without a warrant on the charge of violating the provisions of R.S. 53:205.

La. R.S. 53:207 Disloyal statements; penalty

53:207. Disloyal statements; penalty During the time the United States is at war with any other nation no person shall, at any time or place within this state, use any language in the presence and hearing of another person or commit to writing or printing in any manner or in any language which is abusive in character or disloyal to the United States or is reasonably calculated to bring into disrepute the United States, the entry or continuance of the United States in war, the armed forces of the United States, the uniform of any officer, or any flag, standard, color, or ensign of the United States or any imitation thereof, or to provoke a breach of the peace if said in the presence and hearing of, or written to or in the presence of, a citizen of the United States. Whoever violates this Section shall be fined not less than fifty dollars nor more than five thousand dollars or imprisoned with or without hard labor for not more than five years.

La. R.S. 53:208 Displaying enemy flag; penalty

53:208. Displaying enemy flag; penalty During the existence of war between the United States and any other nation, no person shall knowingly or maliciously display within this state any flag, standard, color, ensign or coat of arms, or any imitation thereof, of any nation or of any state, subdivision, city, or municipality of any nation with which the United States is at war. Whoever violates this Section shall be fined not less than fifty dollars nor more than five thousand dollars or imprisoned with or without hard labor for not more than five years.

La. R.S. 53:209 Violations of R.S. 53:207 and 53:208; arrest; investigation; information

53:209. Violations of R.S. 53:207 and 53:208; arrest; investigation; information Any person who shall hear, see, or know of any person violating any of the provisions of R.S. 53:207 and 53:208 shall immediately report the violation to an officer authorized to make arrests in such cases. The officer shall arrest the person against whom the charge has been filed, and immediately take him before the district attorney of the parish, who shall thoroughly investigate the charges, and file any information necessary.

Source: Louisiana State Legislature (legis.la.gov)URL: https://legis.la.gov/Legis/Laws_Toc.aspx?folder=75&level=ParentFetched: 10/20/2026