Oral Sexual Battery — Louisiana Law

Posted by & filed under Crimes Defined, Criminal Statutes, Sex Crimes.

 

Louisiana Law for Oral Sexual Battery

Attorney Elizabeth B. Carpenter is dedicated to representing clients who are accused of Sex Offenses.  If you have been accused of a Oral Sexual Battery, contact our office today to schedule a consultation.

 

Sex Offender Registration

Anyone convicted of of the crime Oral Sexual Battery shall register with the state as a Sex Offender for 25 years, to be conducted semi-annually.

Anyone convicted of of the crime Oral Sexual Battery on a victim under the age of 13 when the offender is 17 years of age or older shall register with the state as a Sex Offender for life, to be conducted quarterly.

Anyone convicted of of the crime Oral Sexual Battery on a victim under the following circumstances shall register with the state as a Sex Offender for life, to be conducted quarterly IF

The offender is 17 years old or older and any of the following exist:

  • The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
  • The victim is physically incapable of preventing the act due to a physical disability.
  • The victim is incapable of mentally understanding the act, and the offender knew or should have known of the victim’s incapacity.
  • The act is without the consent of the victim, and the victim is sixty-five years of age or older

 

Louisiana Statute Sexual Battery

The Louisiana Oral sexual battery statute can be found at La.R.S. 14:43.1.  This offense is defined as the intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim, when any of the following occur:

  • The victim, who is not the spouse of the offender, is under the age of 15 and is at least 3 years younger than the offender.
  • The offender is 17 years of age or older and any of the following exist:
  1. The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
  2. The victim is otherwise physically incapable of preventing the act due to a physical disability.
  3. The victim is mentally incapable of understanding the act and the offender knew or should have known of the victim’s incapacity.
  • The act is without the consent of the victim, and the victim is sixty-five years of age or older.

 Lack of knowledge of the victim’s age shall not be a defense.

 

Penalties

* Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor.  At least 10 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

* Whoever commits the crime of oral sexual battery on a victim under the age of 13 when the offender is 17 of age or older shall be punished by imprisonment at hard labor for 25 to 99.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

* Whoever commits the crime of oral sexual battery on a victim who is physically or mentally disabled or 65 years old or older shall be imprisoned at hard labor 25 – 99 years.  At least 25 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

Upon completion of the term of imprisonment, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

 

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