SHREVEPORT, LOUISIANA SEX CRIME ATTORNEY

Sexual battery charges in Louisiana se puede encontrar bajo Louisiana Revised Statutes 14:43.1. This serious offense is defined as intentionally touching another person’s private areas (genitals or anus), either directly or over clothing, without that person’s consent. It can also apply if the victim is made to touch the offender’s private areas.

This becomes a crime in situations like:

• The victim did not give consent.
• The victim is under 15 years old and is at least 3 years younger than the person who committed the act.
• The offender is 17 or older, and:
  • The victim has a physical disability (like paraplegia or quadriplegia) and can’t resist.
  • The victim is mentally unable to understand what’s happening, and the offender knew or should have known.
  • The victim is 65 or older and did not consent.

The law makes it clear that not knowing the victim’s age is not a valid excuse, and normal medical or hygiene care is not considered a crime.

Penalties for Sexual Battery in Louisiana

In general, the penalties for sexual battery typically include up to 10 years in prison, with or without hard labor, and no parole, probation, or early release. If the victim is under 13 and the offender is 17 or older or if the sexual act involves someone who is physically or mentally unable to consent or is a senior over 65, the sentence is increased to 25 to 99 years in prison, with at least 25 years served with no parole, probation, or early release.

After release, offenders in these more severe cases must wear electronic monitoring equipment for the rest of their lives.

Por debajo RS 14:41, rape in Louisiana means any kind of sexual intercourse—vaginal, oral, or anal—committed without the other person’s consent. Louisiana law breaks these sex offenses down into three degrees: first, second, and third-degree rape. 

First-Degree Rape in Louisiana

First-degree rape, also known as “aggravated rape” is the most serious form of rape. It involves sexual intercourse without consent in situations that make the crime especially violent, dangerous, or involving vulnerable victims, including if:

• The victim is 65 years old or older.
• The victim fights back but is still overpowered by force.
• The victim is threatened with serious harm and believes the attacker can carry it out.
• The attacker is armed with a dangerous weapon.
• The victim is under 13 years old.
• Two or more people commit the act together.
• The victim has a physical or mental disability that prevents them from resisting.
• The rape happens during a burglary crime or (attempted burglary).

Anyone convicted of first-degree rape in Louisiana faces life in prison without the possibility of parole, probation, or early release. However, if the victim is under 13 years old, the punishment can be even more severe, including the possibility of the death penalty.

Second-Degree Rape in Louisiana

Second-degree rape, sometimes referred to as “forcible rape,” occurs someone has anal, oral, or vaginal sex without the other person’s consent under serious or deceptive circumstances, such as:

• The victim is forced or threatened with violence, and believes fighting back wouldn’t stop the assault.
• The victim is too intoxicated or drugged to understand or resist, and the substance was given by the offender without the victim knowing.

Convictions for second-degree rape in Louisiana may result in 5 to 40 years in prison at hard labor, and none of that sentence can be reduced through parole, probation, or early release.

Third-Degree Rape in Louisiana

Third-degree rape, also known as “simple rape,” happens when someone has sex without the victim’s legal consent under certain circumstances, including:

• The victim is too intoxicated or impaired to resist or understand what’s happening, and the offender knew or should have known that.
• The victim is mentally incapable—either temporarily or permanently—of understanding the act, and the offender is aware of it.
• The victim was tricked into thinking the offender was someone they knew, and only agreed to the act because of that deception.
• The offender simply acted without the victim’s consent.

Third-degree rape convictions in Louisiana can result in up to 25 years in prison at hard labor, with no chance of early release.

Statutory rape, known as carnal knowledge of a juvenile in Louisiana, occurs when someone engages in sexual activity with someone who falls under the edad legal de consentimiento en Luisiana, which happens to be 17 years of age. This can result in either misdemeanor or felony charges depending on the circumstances. 

Delito grave de conocimiento carnal de un menor

Por debajo RS 14:80, felony carnal knowledge is punishable by up to 10 years in prison, a fine of up to $5,000, or both. This crime occurs when:

• Someone 17 or older has consensual sex with a teen who is 13 to 16 years old, there is at least a 4-year age difference, and they are not married to each other.
• The offender has a previous conviction for misdemeanor carnal knowledge of a juvenile or is a repeat offender with prior sex crime convictions requiring sex offender registration.

Misdemeanor Carnal Knowledge of a Juvenile

Misdemeanor carnal knowledge, as per RS 14:80.1, occurs when: 

• Someone 17 or older has consensual sex with someone who is 13 to 16 years old,
• They are not married,
• And the age difference is more than 2 years but less than 4 years.

Penalties include up to 6 months in jail, a fine of up to $1,000, or both.

Louisiana RS 14:81 defines indecent behavior with juveniles. Someone may face these criminal charges if they engage in sexual or inappropriate conduct with a minor under 17. Specifically, these charges apply when:

• Someone 17 or older performs any lewd or sexually suggestive act in front of or involving a child under 17, and there’s a more than two-year age difference; OR
• Someone sends sexual messages, images, or explicit content to a person they believe is under 17 and at least two years younger than they are.

The standard penalty is up to 7 years in prison, a $5,000 fine, or both. If the child is under 13 and the offender is 17 or older, however, it can result in anywhere from 2 to 25 years in prison, with at least 2 years served without parole or probation.

The Louisiana statute on pornography involving juveniles (RS 14:81.1) makes it illegal to make, share, advertise, sell, or even possess any kind of child pornography, which includes any images or videos involving minors engaged in sexual contact. It’s also a crime for a parent, guardian, or custodian to allow or consent to a child being involved in such material.

For a first offense of possession, distribution or intent to distribute, parental consent, or the production, promotion, or advertising of child pornography, penalties include up to $50,000 in fines, 5 to 20 years in prison at hard labor. A second or subsequent offense increases the penalty to $75,000 in fines and 10 to 40 years in prison (20 to 40 years for production, promotion, or advertising).

La penalties for child pornography in Louisiana are much harsher when the victim is under 13 and the offender is 17 or older. For possession, distribution, or parental consent offenses, the minimum prison sentence becomes half of the highest penalty, and the maximum can be twice as high as usual. For production, promotion, or advertising, the penalty is 25 to 99 years in prison, with at least 25 years served with no early release.

Por debajo RS 14:81.1.1, it’s illegal for anyone under 17 years old to send a sexual or indecent image of themselves to someone else using a phone or computer or possess or forward a sexual image of another person under 17 if that image was sent illegally. This law applies only to minors under the age of 17 and is intended to address peer-to-peer sexting, not adult exploitation or abuse.

If a minor sends their own indecent image, the first offense shall be handled through the juvenile justice system under the Louisiana Children’s Code. The penalties for possessing or forwarding an indecent image sent by another minor are as follows:

• First offense:
  • $100–$250 fine
  • Up to 10 days in jail
  • Two 8-hour days of community service
• Second offense:
  • $250–$500 fine
  • 10–30 days in jail
  • Five 8-hour days of community service
• Third or later offense:
  • $500–$750 fine
  • 30 days to 6 months in jail
  • Ten 8-hour days of community service

As per RS 14:81.3, Solicitud en línea de un menor en Luisiana occurs when an adult engages in electronic communication with someone they know to be a minor with the intent to: 

• Persuade or pressure them to have sex or engage in a violent crime,
• Engage in sexual conduct in front of the minor,
• Set up a meeting for a third person to engage in sexual conduct with the minor,
• Or recruit the minor into commercial sexual activity (like prostitution or trafficking).

Penalties for computer-aided solicitation of a minor range from 2 to 20 years in prison, depending on the victim’s age, with no chance of parole, probation, or early release. Fines can reach up to $10,000, and in some cases, the court may also limit internet access.

The sex crime charge of molestation (RS 14:81.2) happens when someone 17 or older commits a sexual act or lewd behavior toward or in front of a child under 17 when there’s more than a 2-year age difference OR a person with a physical or mental disability, including someone who is elderly (65+), mentally impaired, or physically unable to resist.

The act must be done with the intent to sexually arouse either person, and involves force, threats, intimidation, or abuse of power or trust (like a teacher, coach, or caregiver). Penalties are as follows: 

• Molestation of a child aged 13–16:
  • Up to $5,000 fine, 5 to 10 years in prison
• With control or supervision over the child:
  • Up to $10,000 fine, 10 to 20 years in prison
• If the offender is a teacher, coach, religious leader, or youth group supervisor:
  • Up to $10,000 fine, 10 to 40 years in prison,
  • At least 10 years without parole, probation, or early release
• If molestation continues for over a year:
  • Up to $10,000 fine, 5 to 40 years in prison
  • At least 5 years without early release

Offenders may also be required to attend sex offender treatment, and parole conditions can include not being alone with children.

Prostitution in Louisiana is defined as having sex with others in exchange for money or offering or asking someone to have sex for money. A first offense is typically considered a misdemeanor, but multiple convictions can lead to felony charges. Below are the penalties for prostitution under RS 14:82.

• First offense:
  • Up to $500 fine, up to 6 months in jail, or both.
• Second offense:
  • $250 to $2,000 fine, and/or up to 2 years in prison (with or without hard labor).
• Third or later offense:
  • $500 to $4,000 fine, and up to 4 years in prison.

The penalties increase significantly for offenses involving minors.

RS 14:83 covers sex offenses involving the solicitation of prostitution, which means encouraging, inviting, or transporting someone to engage in prostitution or to go to a place where prostitution is expected to happen. A first offense may result in fines up to $750, 6 months in jail, or both. Any subsequent offense increases penalties to fines between $1,500 to $2,000 and/or up to 1 year in jail.

Once again, the prescribed penalties are much harsher for charges involving minors.

Pandering charges in Louisiana are defined under RS 14:84 and refer to doing any of the following to promote or support prostitution:

• Convincing or forcing someone to become a prostitute using threats, promises, or manipulation
• Running or maintaining a place where prostitution regularly happens
• Detaining someone at a place of prostitution against their will
• Living off money earned from prostitution
• A parent or guardian allowing someone to enter or remain in prostitution
• Transporting someone to help promote prostitution

Pandering is punishable by up to 5 years in prison and a $5,000 fine, but if the person involved is under 18, the penalty increases to 15 to 50 years in prison and up to a $50,000 fine—and if the person is under 14, the sentence rises to 25 to 50 years and up to $75,000 in fines.

Sex trafficking, otherwise known as human trafficking in Louisiana, occurs when someone recruits, transports, holds, or forces another person to provide labor or services, including commercial sex acts. It also includes any involvement in trafficking someone under 21 for sex, regardless of consent or knowledge of age. Under RS 14:46.2, this can result in up to 10 years in prison for labor-related offenses and up to 20 years if sexual exploitation is involved. 

If the victim is 18–20, penalties increase to 15–50 years; if the victim is under 18, the sentence is 5–25 years, or life in prison without parole if it involves commercial sex.

Crimes against nature (RS 14:89) cover two types of offenses:

1. Unnatural carnal copulation of a human being, which typically involve non-consensual anal intercourse outside of rape laws.
2. Sexual acts or marriage between close blood relatives of the same or opposite sex.

Penalties range from up to 5 years in prison for general offenses, to 15–50 years if the victim is under 18, and 25–50 years if the victim is under 14. Incest between close relatives can result in up to 15 years, while less direct familial relationships carry up to 5 years and a $1,000 fine.

De acuerdo a RS 14:106, obscenity is what many other jurisdictions define as indecent exposure and refers to the indecent exposure of the genitals, pubic hair, anus, vulva, or female nipples in any place open to the public view with the intent of arousing sexual desire or which appeals to lewd interests or is obviously offensive in nature. It also includes displaying or distributing graphic sexual content (like pornographic videos or performances) that is clearly meant to arouse and is offensive to community standards.

Penalties for obscenity in Louisiana range from 6 months to 5 years in prison and fines between $1,000 and $10,000, depending on the number of prior offenses. If the act involves someone under 17, the sentence increases to 2–5 years without parole, plus up to a $10,000 fine.

Louisiana’s voyeurism laws can be found under RS 14:283.1. This is the act of spying on someone inside their home by looking through windows, doors, or other openings without their consent, and with the intent to sexually arouse or gratify oneself, when the person being watched has a reasonable expectation of privacy. A first offense can result in up to 6 months in jail and/or a $500 fine, while a second or later offense can lead to 1 year in jail (with or without hard labor) and/or a $1,000 fine.

Revenge porn is an increasingly common occurrence. Louisiana’s equivalent to this is the nonconsensual disclosure of a private image, found under RS 14:283.2.

Estar en violación de Louisiana’s revenge porn law, se deben cumplir los siguientes criterios:

• Divulgar intencionalmente una imagen de otra persona mayor de 17 años, que pueda ser identificada a partir de la imagen y que tenga sus partes íntimas total o parcialmente expuestas.
• Obtener la imagen en circunstancias que razonablemente llevarían a alguien a creer que debía mantenerse en privado.
• Saber o tener la expectativa razonable de que la persona representada en la imagen no dio su consentimiento para su divulgación.
• Divulgar la imagen con la intención de acosar o causar angustia emocional a la persona representada, siendo también consciente o razonablemente debería haber sido consciente de que dicha divulgación podría resultar en acoso o angustia emocional para esa persona.

Possible penalties include up to 2 years in prison, a fine of up to $10,000, or both.