Molestation of a Juvenile or Person with Physical / Mental Disability — Louisiana

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

 

Molestation of a Juvenile Louisiana Law

In Louisiana the statute for Molestation of a Juvenile or Person with Physical / Mental Disability is found at La R.S. 14:81.2

Molestation of a juvenile is the commission by anyone over the age 17 of any lewd or lascivious act upon the person or in the presence of any child under the age 17, where there is an age difference of greater than 2 years between the two persons, with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile.

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

 

Molestation of a Person with a Physical or Mental Disability

Under Louisiana Law, Molestation of a person with a physical or mental disability is the commission by anyone over the age of 17 of any lewd or lascivious act upon the victim or in the presence of any victim with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the victim, when any of the following conditions exist:

(a)  The victim is physically incapable of preventing the act due to a physical disability.

(b)  The victim is incapable of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.

(c)  The victim is 65 years of age or older.

 

Penalties

Whoever commits the crime of molestation of a juvenile, when the victim is 13 years of age or older but has not yet attained the age of 17, shall be fined not more than $5,000, or imprisoned, with or without hard labor 5 to 10 years, or both.  When the incidents of molestation recur during a period of more than one year:

  • Offender fined not more than $10,000 or imprisoned, with or without hard labor, for 5 to 40 years or both.  At least 5 of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence upon the approval of a psychologist and psychiatrist.

Whoever commits the crime of molestation of a juvenile, when the victim is 13 of age or older but has not yet the age of 17, and When the Offender has Control or Supervision over the Juvenile, shall be fined not more than$10,000 dollars, or imprisoned, with or without hard labor, for 5 to 20 years, or both.

Whoever commits the crime of molestation of a juvenile, when the victim is 13 years of age or older but has not yet attained the age of 17, and When the Offender is an Educator of the Juvenile, shall be fined not more than $10,000, or imprisoned, with or without hard labor, for 5 to 40 years, or both.  At least 5 years of the sentence imposed shall be without the benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of molestation of a juvenile when the victim is under the age of 13 years shall be imprisoned at hard labor for not less than 25 years nor more than 99 years.  At least 25 years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.

Whoever commits the crime of molestation of a person with a physical or mental disability shall be imprisoned at hard labor for 25 to 99 years.  At least 25 years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.

Upon completion of the term of imprisonment imposed, 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

 

Anyone convicted of molestation of a victim who is under 13 years of age must register with the state as a sex offender for life, to be conducted quarterly.

Anyone convicted of molestation of a juvenile must register with the state as a sex offender for 25 years, to be conducted, semi-annually.

 

Related Posts

Rape in Louisiana

Indecent Behavior with a Juvenile

Computer Aided Solicitation of a Minor

 

Legal Representation

Attorney Elizabeth B. Carpenter has defended many Sex Offense cases in southern Louisiana. She is one of the premiere Sex Offender attorneys in the New Orleans area. Elizabeth B. Carpenter, Esq. understands that many people accused of Sex Crimes are not in fact guilty. We are here to defend our clients, not judge them. If you or a loved one has been accused of a Sex Offense, contact Elizabeth B. Carpenter Law for a consultation from an experienced New Orleans criminal defense lawyer. Protecting your freedom is important to us.

 

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