Second Degree Sexual Battery — Louisiana

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

 

Louisiana Second Degree Sexual Battery Law

Second Degree Sexual Battery  —  La. R.S. 14:43.2

Second degree sexual battery is the intentional engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim:

(1)  The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or

(2)  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.

 

Penalties

Whoever commits the crime of second degree sexual battery shall be punished by imprisonment for not more than 15 years, with or without hard labor, without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of second degree sexual battery on a victim under the age of 13 when the offender is 17 years old or older shall be punished by imprisonment at hard labor for not less than 25 – 99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Any person who is 17 years old or older who commits the crime of second degree sexual battery shall be punished by imprisonment at hard labor for 25 – 99 years, at least 25 years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence, 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 sixty-five years of age or older.

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 Second Degree Sexual Battery shall register as a Sex Offender with the state for Life, to be conducted quarterly.

 

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Legal Representation

Elizabeth Bagert Carpenter is one of Louisiana’s premiere attorneys who represents those accused of Sex Offenses.  If you have been accused of a Sex Crime, contact our office today to schedule a consultation.  We are dedicated to the defense of those accused of Sex Offenses.  Your freedom is important to us!

 

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