Sexual Battery — Louisiana

Posted by & filed under Crime of Violence, Crimes Defined, Sex Crimes.

 

Sexual Battery Lawyer New Orleans

 

In Louisiana Sexual Battery is the intentional touching of the anus or genitals of another person using any instrumentality or any part of the body of the offender.  This offense also encompasses the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, when the offender acts without the con set of the victim or when the act is consensual but the victim is under 15 and is at least 3 years younger than the offender.

 

If the offender is 17 years of age or older, the act of sexual battery exists when the act is without consent and the victim is physically disabled, incapable of understanding the act or the victim is 65 years of age or older.

 

Lack of knowledge of the victim’s age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense under the provisions of this Section.

 

The penalty for sexual battery is imprisonment for not more than 10 years with or without hard labor, without benefit of parole, probation, or suspension of sentence.  Since this is a sex crime, the sentence will be served without the benefit of good time.

When the victim was under the age of 13 and the offender is 17 years old or older, the penalty is imprisonment at hard labor for 25 to 99 years. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.  

 

If the victim was 65 years of age or older or physically or mentally impaired at the time, the penalty is imprisonment at hard labor for 25-99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

 

 

Whoever is convicted of Sexual Battery will have to Register as a Sex Offender for 15 years — To be conducted annually.

Whoever is convicted of Sexual Battery on a victim under the age of 18 will have to Register as a Sex Offender for life — To be conducted quarterly.

 

 

Obtaining Legal Assistance

If you or a loved one is facing a SEXUAL BATTERY charge, you must contact a criminal defense attorney for a consultation. Early intervention by an experienced Sex Crimes Defense Attorney can make a tremendous difference in your case. We are here to defend you, not judge you.

 

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