New Orleans Aggravated Incest Law — La. R.S. 14:78.1
Aggravated incest is the engaging in any prohibited act mentioned below with a person who is under 8 years old and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece.
The following are prohibited acts:
(1) Sexual intercourse, sexual battery, second degree sexual battery, carnal knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles, molestation of a juvenile or a person with a physical or mental disability, crime against nature, cruelty to juveniles, parent enticing a child into prostitution, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
(2) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child, the offender, or both.
Consent is not a defense under this Section.
A person convicted of aggravated incest shall be fined $0 to $50,000, or imprisoned, with or without hard labor, for 5 to 20 years, or both.
Whoever commits the crime of aggravated incest on a victim under the age of 13 years when the offender is over the age of 17 shall be punished by 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. Upon completion 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.
The court may sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections. SEE Medroxyprogesterone Acetate (MPA) / Physical Castration Sex Offenders
Whoever is convicted of a Aggravated Incest will have to Register as a Sex Offender for Life.
Aggravated Incest is a Crime of Violence under the Louisiana Code.
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If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Attorney Elizabeth B. Carpenter for a consultation. Your freedom is important to us!