Computer Aided Solicitation Of A Minor Louisiana Law

Posted by & filed under Computer Crimes, Cyber Crimes, Sex Crimes.

 

New Orleans Computer Aided Solicitation of a Minor Attorney

The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.

The penalties for violating the computer-aided solicitation statute are severe.  Whoever commits this crime must register as a sex offender for 25 years and serve a mandatory prison term.  The statute also specifically denies eligibility for probation, parole, or suspension of sentence.  It should be understood that the defendant is not eligible for good time either so the sentence is served flat.  This offense may not be expunged in the future.

Computer-aided solicitation of a minor is committed when a person 18 years of age or older knowingly contacts or communicates, through the use of email, chat rooms, text messages, instant messages, etc… with a person who is under the age of 17 or a person reasonably believed to be under the age of 17, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence , or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of 17.  The statute for this offense is La. R.S. 14:81.3

 

The sentencing for Computer Aided Solicitation of a Juvenile is as follows:

 

  • The victim is 13 years old but not yet 17 years old — fine not more than $10,000 dollars and imprisoned at hard labor for not less than 5 years nor more than 10 years, without benefit of parole, probation, or suspension of sentence.
  • The victim is under the age of 13 — fined not more than 10,000 dollars and imprisoned at hard labor for not less than 10 years nor more than 20 years, without benefit of parole, probation, or suspension of sentence.
  • The victim is a person reasonably believed to have not yet attained the age of 17 — fined not more than $10,000 dollars and imprisoned at hard labor for not less than 2 years nor more than 10 years, without benefit of parole, probation, or suspension of sentence.  This is usually when the person on the other end of the communications is an undercover cop rather than an actual juvenile.
  • If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is 5 years or greater — fined not more than $10,000 dollars and imprisoned, with or without hard labor, for not less than 7 years nor more than 10 years.
  • On a second conviction, the offender shall be imprisoned for not less than 10 years nor more than 25 years at hard labor without benefit of parole, probation, or suspension of sentence.

 

Further information:

** Consent is not a defense to a prosecution if the juvenile consented to participation in the activity. **

**It is not a defense to a prosecution, on the basis of consent or otherwise, that the person reasonably believed to be under the age of 17 is actually undercover law enforcement**

 

Note:  Attorney Elizabeth Bagert Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes.  She has significant experience defending Cyber Crimes / Internet Crime

 

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