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La. Rev. Stat. § 14:74 (2026)

Criminal neglect of family

✓ current as of May 2026
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PART IV. OFFENSES AFFECTING THE FAMILY

SUBPART A. CRIMINAL NEGLECT OF FAMILY

§74. Criminal neglect of family

           A.(1) Criminal neglect of family is the desertion or intentional nonsupport:

           (a) By a spouse of his or her spouse who is in destitute or necessitous circumstances; or

           (b) By either parent of his minor child who is in necessitous circumstances, there being a duty established by this Section for either parent to support his child.

           (2) Each parent shall have this duty without regard to the reasons and irrespective of the causes of his living separate from the other parent. The duty established by this Section shall apply retrospectively to all children born prior to the effective date of this Section.

           (3) For purposes of this Subsection, the factors considered in determining whether "necessitous circumstances" exist are food, shelter, clothing, health, and with regard to minor children only, adequate education, including but not limited to public, private, or home schooling, and comfort.

           B.(1) Whenever a husband has left his wife or a wife has left her husband in destitute or necessitous circumstances and has not provided means of support within thirty days thereafter, his or her failure to so provide shall be only presumptive evidence for the purpose of determining the substantive elements of this offense that at the time of leaving he or she intended desertion and nonsupport. The receipt of assistance from the Family Independence Temporary Assistance Program (FITAP) shall constitute only presumptive evidence of necessitous circumstances for purposes of proving the substantive elements of this offense. Physical incapacity which prevents a person from seeking any type of employment constitutes a defense to the charge of criminal neglect of family.

           (2) Whenever a parent has left his minor child in necessitous circumstances and has not provided means of support within thirty days thereafter, his failure to so provide shall be only presumptive evidence for the purpose of determining the substantive elements of this offense that at the time of leaving the parent intended desertion and nonsupport. The receipt of assistance from the Family Independence Temporary Assistance Program (FITAP) shall constitute only presumptive evidence of necessitous circumstances for the purpose of proving the substantive elements of this offense. Physical incapacity which prevents a person from seeking any type of employment constitutes a defense to the charge of criminal neglect of family.

           C. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this Section. Husband and wife are competent witnesses to testify to any relevant matter.

           D.(1) Whoever commits the offense of criminal neglect of family shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both, and may be placed on probation pursuant to R.S. 15:305.

[Effective Date: Text of Paragraph 2 effective until October 1, 2027, 2025/478.]


           (2) If a fine is imposed, the court shall direct it to be paid in whole or in part to the spouse or to the tutor or custodian of the child, to the court approved fiduciary of the spouse or child, or to the Louisiana Department of Children and Family Services in a FITAP or Family Independence Temporary Assistance Program case or in a non-FITAP or Family Independence Temporary Assistance Program case in which the said department is rendering services, whichever is applicable; hereinafter, said payee shall be referred to as the "applicable payee." In addition, the court may issue a support order, after considering the circumstances and financial ability of the defendant, directing the defendant to pay a certain sum at such periods as the court may direct. This support shall be ordered payable to the applicable payee. The amount of support as set by the court may be increased or decreased by the court as the circumstances may require.

[Effective Date: Text of Paragraph 2 effective on October 1, 2027, 2025/478.]

           (2) If a fine is imposed, the court shall direct it to be paid in whole or in part to the spouse or to the tutor or custodian of the child, to the court approved fiduciary of the spouse or child, or to Louisiana Works in a FITAP or Family Independence Temporary Assistance Program case or in a non-FITAP or Family Independence Temporary Assistance Program case in which the department is rendering services, whichever is applicable; hereinafter, the payee shall be referred to as the "applicable payee." In addition, the court may issue a support order, after considering the circumstances and financial ability of the defendant, directing the defendant to pay a certain sum at such periods as the court may direct. This support shall be ordered payable to the applicable payee. The amount of support as set by the court may be increased or decreased by the court as the circumstances may require.

           (3) The court may also require the defendant to enter into a recognizance, with or without surety, in order that the defendant shall make his or her personal appearance in court whenever required to do so and shall further comply with the terms of the order or of any subsequent modification thereof.

           E. For the purposes of this Section, "spouse" shall mean a husband or wife.

           Amended by Acts 1950, No. 164, §1; Acts 1952, No. 368, §1; Acts 1968, No. 233, §1; Acts 1968, No. 647, §1; Acts 1968, Ex.Sess., No. 14, §1; Acts 1975, No. 116, §1, eff. July 1, 1975; Acts 1976, No. 559, §1; Acts 1978, No. 443, §1; Acts 1979, No. 614, §1; Acts 1980, No. 764, §§4, 5; Acts 1981, No. 812, §3, eff. Aug. 2, 1981; Acts 1981, Ex.Sess., No. 36, §3, eff. Nov. 19, 1981; Acts 1984, No. 453, §§1 and 2; Acts 1997, No. 1402, §1; Acts 2025, No. 478, §3, eff. October 1, 2027.

Notes of Decisions
Cited in 127 cases, 1951–2015 · leading case: State v. Jones, 481 So. 2d 598 (La. 1986).
Sort: Relevance Newest Treatment
State v. Jones, 481 So. 2d 598 (La. 1986). · cites it 9× “R.S. 14:74. We granted certiorari. 474 So.”
State v. St. Pierre, 515 So. 2d 769 (La. 1987). · cites it 6× “(C) Broussard, The Right To Counsel and Retroactivity The defendant, however, was not represented by counsel at the time that he consented to the support order.”
State v. Broussard, 487 So. 2d 1261 (La. Ct. App. 1986). · cites it 8× “" The trial court reasoned that, because defendant had been charged with criminal nonsupport under LSA-R.S. 14:74, a crime, the offer by the assistant district attorney to permit the defendant to avoid prosecution by taking the alternative route of agreeing to pay support under…”
State v. Jennings, 478 So. 2d 913 (La. Ct. App. 1985). · cites it 6× “The motion was grounded in the contentions (1) the child was no longer in destitute and necessitous circumstances, and (2) the record did not contain proof of his conviction of criminal non-support charges under R.S. 14:74. Apparently, believing the defendant could seek a…”
State v. Jones, 56 So. 2d 724 (La. 1951). · cites it 6× “This prosecution is based on LSA-R.S. 14:74, as amended by Act No. 164 of 1950, the amendment being indicated by the italicized portion below: "Criminal neglect of family is the desertion or intentional non-support: "(1) By a husband of his wife who is in destitute or…”
State v. Moran, 400 So. 2d 1359 (La. 1981). · cites it 5× “[*] We granted defendant's application for certiorari to review his conviction of criminal neglect of family in violation of R.S. 14:74. Defendant's primary contention, insufficiency of evidence to support the conviction, is based on the assertion that the trial judge imputed…”
State v. Cheatwood, 458 So. 2d 907 (La. 1984). · cites it 2× “R.S. 14:74. At the trial, defendant did not contest the fact that he had not provided financial support for the children, but explained that an injury had disabled him from working.”
State of Louisiana, Dep't of Child. & Fam. Servs., in the Interest of A.L. v. Thomas Robert Lowrie, 167 So. 3d 573 (La. 2015). · cites it 2× “. Whether to punish as criminal a person‟s failure to support a child, when the person is the husband of the mother but not the biological father of the child, is a 11 support cannot equitably be ignored,” and “[t]he biological father and the mother share the support obligations…”
State v. Barton, 315 So. 2d 289 (La. 1975). · cites it 7× “R.S. 14:74 (1950), as amended, La. Acts 1968, No.”
State v. Prosper, 580 So. 2d 1085 (La. Ct. App. 1991). · cites it 5× “Facts On September 24, 1979, Darrel Prosper was charged by bill of information with a violation of LSA-R.S. 14:74, criminal neglect of family.”
State v. Vallot, 926 So. 2d 98 (La. Ct. App. 2006). · cites it 9× “R.S. 14:74. Louisiana Revised Statutes 14:74(A)(1)(b), which is the applicable section of the statute, provides that "[c]riminal neglect of family is the desertion or intentional nonsupport .”
State v. Austin, 374 So. 2d 1252 (La. 1979). · cites it 3× “Two days after rendition of the contempt judgment relator was tried pursuant to an earlier filed bill of information charging him with criminal neglect of family, a violation of R.S. 14:74. The bill of information charged that relator ".”
Show all 127 citing cases →
La. Rev. Stat. § 14:74(1): 1 case
State v. Barton, 315 So. 2d 289 (La. 1975). “R.S. 14:74 (1950), as amended, La. Acts 1968, No.”
La. Rev. Stat. § 14:74(2): 6 cases
State v. Jones, 481 So. 2d 598 (La. 1986). “R.S. 14:74. We granted certiorari. 474 So.”
State of Louisiana, Dep't of Child. & Fam. Servs., in the Interest of A.L. v. Thomas Robert Lowrie, 167 So. 3d 573 (La. 2015). “. Whether to punish as criminal a person‟s failure to support a child, when the person is the husband of the mother but not the biological father of the child, is a 11 support cannot equitably be ignored,” and “[t]he biological father and the mother share the support obligations…”
State v. Sylvester, 581 So. 2d 361 (La. Ct. App. 1991).
State v. Prosper, 580 So. 2d 1085 (La. Ct. App. 1991). “Facts On September 24, 1979, Darrel Prosper was charged by bill of information with a violation of LSA-R.S. 14:74, criminal neglect of family.”
Gallo v. Gallo, 840 So. 2d 1223 (La. Ct. App. 2003).
La. Rev. Stat. § 14:74(A): 1 case
State v. Bracy, 440 So. 2d 885 (La. Ct. App. 1983).
La. Rev. Stat. § 14:74(A)(1): 1 case
Lovell v. Lovell, 378 So. 2d 418 (La. 1979).
La. Rev. Stat. § 14:74(A)(1)(b): 2 cases
State v. St. Pierre, 515 So. 2d 769 (La. 1987). “(C) Broussard, The Right To Counsel and Retroactivity The defendant, however, was not represented by counsel at the time that he consented to the support order.”
State v. Thomas, 579 So. 2d 1086 (La. Ct. App. 1991).
La. Rev. Stat. § 14:74(A)(2): 1 case
State v. St. Pierre, 515 So. 2d 769 (La. 1987). “(C) Broussard, The Right To Counsel and Retroactivity The defendant, however, was not represented by counsel at the time that he consented to the support order.”
La. Rev. Stat. § 14:74(A)(3): 1 case
State v. Bracy, 440 So. 2d 885 (La. Ct. App. 1983).
La. Rev. Stat. § 14:74(A)(l)(b): 1 case
State v. Veal, 579 So. 2d 486 (La. Ct. App. 1991).
La. Rev. Stat. § 14:74(B): 1 case
City & Cnty. of San Francisco v. Juergens, 425 So. 2d 992 (La. Ct. App. 1983).
La. Rev. Stat. § 14:74(D): 1 case
State v. Vallot, 926 So. 2d 98 (La. Ct. App. 2006). “R.S. 14:74. Louisiana Revised Statutes 14:74(A)(1)(b), which is the applicable section of the statute, provides that "[c]riminal neglect of family is the desertion or intentional nonsupport .”
La. Rev. Stat. § 14:74(D)(1): 2 cases
State v. St. Pierre, 515 So. 2d 769 (La. 1987). “(C) Broussard, The Right To Counsel and Retroactivity The defendant, however, was not represented by counsel at the time that he consented to the support order.”
State v. Vallot, 926 So. 2d 98 (La. Ct. App. 2006). “R.S. 14:74. Louisiana Revised Statutes 14:74(A)(1)(b), which is the applicable section of the statute, provides that "[c]riminal neglect of family is the desertion or intentional nonsupport .”
La. Rev. Stat. § 14:74(D)(2): 3 cases
State v. Vallot, 926 So. 2d 98 (La. Ct. App. 2006). “R.S. 14:74. Louisiana Revised Statutes 14:74(A)(1)(b), which is the applicable section of the statute, provides that "[c]riminal neglect of family is the desertion or intentional nonsupport .”
State v. Prosper, 580 So. 2d 1085 (La. Ct. App. 1991). “Facts On September 24, 1979, Darrel Prosper was charged by bill of information with a violation of LSA-R.S. 14:74, criminal neglect of family.”
State v. Sylvester, 581 So. 2d 361 (La. Ct. App. 1991).
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