Section 14:112.22 - [See Note] Unlawful entry or reentry into the state of Louisiana by an alienA. The crime of unlawful entry or unlawful reentry is committed when an alien enters or reenters into this state and is unlawfully present in this state.B.(1) Whoever commits the crime of unlawful entry or unlawful reentry into this state by an alien upon a first offense shall be imprisoned for not more than six months, fined not more than one thousand dollars, or both.(2) Whoever commits the crime of unlawful entry or unlawful reentry into this state by an alien upon a second or subsequent offense shall be imprisoned, with or without hard labor, for not less than one year nor more than two years, fined not more than ten thousand dollars, or both.C. It shall be an affirmative defense to a prosecution to the crime of unlawful entry or unlawful reentry into this state by an alien that either:(1) The defendant is lawfully present in this state because the federal government has granted the defendant lawful presence in the United States or asylum pursuant to 8 U.S.C. Section 1158.(2) The defendant's conduct does not constitute a violation of 8 U.S.C. Section 1325(a), relative to illegal entry into the United States.D. This Section shall not apply to an alien unlawfully present in the United States if he has been a necessary witness to or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault, murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment, involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering.Added by Acts 2024, No. 670,s. 1, eff. immediately upon, and to the extent permitted, by the occurrence of any of the following circumstances: (A) Any decision of the Supreme Court of the United States in the case of United States v. Texas, Docket No. 23A814, which affirms the Act which originated as Texas Senate Bill No. 4 of the 2023 88th Legislature Fourth Called Legislative Session of the Texas Legislature, which enacted Texas Penal Code Section 51.01 et seq, entitled "Illegal Entry Into the State", that recognizes the right of states to protect their citizens of their respective states when "actually invaded, or in such imminent Danger as will not admit delay", pursuant to Article 1, Section 10 of the Constitution of the United States of America. (B) Adoption of an amendment to the Constitution of the United States of America that, in whole or in part, restores or increases the authority of the state of Louisiana to prohibit or limit the unlawful entry or reentry by an alien without lawful presence in this state should the Supreme Court of the United States fail to affirm the provisions of Subsection A of this Section. .