§ 54-410. Breach of public security.

(a)

Prohibited conduct. In those publicly owned, operated, or leased buildings or places where the administrators thereof have enacted security regulations for the safety and protection of employees and citizens or have enacted regulations for the orderly conduct of business within or at the public location and have posted notices to that effect at all public entrances, it shall be unlawful to do any of the following acts in violation of such regulations:

(1)

Fail, neglect, avoid, or refuse to submit to weapons screening procedures while passing through a weapons checkpoint or entering into an area secured by a weapons checkpoint where weapons checkpoints have been established;

(2)

Fail or refuse to leave the building or area which is under public control after having been directed to do so by an authorized person; provided that nothing herein shall prevent a person from exercising constitutionally guaranteed rights of lawful assembly and free speech to the extent permitted by the constitution;

(3)

Introduce any weapon, including but not limited to firearms, knives, chemical agents, and stun guns, into any area where their presence is prohibited as established by the posting of signs to that effect, regardless of whether the offender may otherwise be in lawful possession of such weapons;

(4)

Enter a publicly owned, operated, or leased building, space, or area through any door, opening, or entrance way other than through one which has been designated for public use; or to disregard any sign which restricts the use of an entrance or door to certain persons by opening or passing through that door without authority or permission;

(5)

Enter without authority or permission any restricted area of a publicly controlled building where the restriction is posted or the offender knew or should have known that his presence was prohibited, such as areas which have been partitioned by counters or gates, or where doors have been equipped with locks or access control devices;

(6)

Introduce any contraband or prohibited item into the building, space, or area or use any such item in a prohibited manner provided that signs have been posted which reasonably place the offender on notice that the item or its specific use is prohibited;

(7)

Ship, mail, or have delivered or cause to be introduced any prohibited items with the intent that they be delivered beyond a contraband checkpoint or to solicit the assistance of others for such purpose;

(8)

Defeat or wilfully bypass any electronic, mechanical, or other device which has been installed to control ingress or egress;

(9)

Disable, distort, or defeat any closed-circuit television or other electronic surveillance equipment which has been installed;

(10)

Refuse to comply with the lawful and authorized instructions of designated security personnel, whether publicly employed or privately contracted, in the enforcement of regulations pertaining to conduct within the area under public control after having been informed of the regulation or prohibited conduct;

(11)

Fail to comply with any lawful posted regulation which regulates conduct within the area under public control.

(b)

Forfeiture. Only after hearing through an administrative procedure affording persons an opportunity to be heard and the presentation of a defense resulting in a finding against such person, any weapon or contraband which is confiscated for violation hereof shall be forfeited to the government agency which seized the weapon or contraband. Such weapon or contraband is to be disposed of in accordance with the instructions of the officials who are vested with the authority to enact such regulations at the public building or space.

(c)

Courts. Nothing in this section limits the power of any court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building.

(d)

False information and threats. It shall also be unlawful for any person to willfully or maliciously impart or convey false information, knowing the information to be false and under circumstances in which such information may reasonably be believed, concerning an attempt or alleged attempt being made or to be made, to do any act which is a violation of subsection (a) of this section.

(e)

Exemptions. The provisions of this section shall be inapplicable to law enforcement, fire, and emergency medical personnel who are responding to an emergency call for service and who have been dispatched to the public building, area, or space or who do any of the acts prohibited in this section on orders of their lawful supervisor as a part of and in the course and scope of their public service or service in the employ of a security contractor employed by the agency or officer in charge of the public building, area, or space.

(f)

Penalties. Whoever violates the provisions of this section shall be guilty of a misdemeanor and conviction shall result in a fine of not less than $100.00 and/or incarceration for not more than five months.

(Code 1956, § 42-78.2)

State law reference

Forfeitures, R.S. 15:41, 40:2601.