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Did you know? Assault on a School Teacher

From the Desk of Sheriff Bobby J. Guidroz
‘Did You Know’ April 26, 2022

ASSAULT ON A SCHOOL TEACHER

Now more than ever, we are hearing about students attacking their school teachers. I believe this is a direct result of a lack of positive role models in their lives and a lack of respect for themselves and authority. In Louisiana there are two distinct differences between assault and battery.

In Louisiana there are laws protecting a teacher from being assaulted. The law defines the crime as when an assault is committed on a teacher and the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of his/her duties.

A school teacher is defined in the law as an instructor, administrator, staff person, or employee of any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution. It also includes any teacher aide and paraprofessional, school bus driver, or other local public school board.

The assault covers an attempt to commit on a school teacher a battery or the intentional placing of a school teacher in reasonable apprehension of receiving a battery or making statements threatening physical harm to a school teacher.

Some might think a school only means a conventional setting but in the law it covers any public or nonpublic elementary, secondary, high school, vocational-technical school, college, special, or postsecondary school or institution, or university in this state.

This separates student and non student attacks. The penalty for students has fines and jail time for not more than two thousand dollars or imprisoned not less than thirty days nor more than one hundred eighty days, or both. If you assault a teacher while not considered a student, the fine would not be more than two thousand dollars or imprisoned with or without hard labor for not less than one year or more than three years, or both.

The above information is intended for information purposes only and not for legal advice. For legal advice, consult an attorney. Questions can be submitted to bguidroz@slpsheriff.com