Sexual Battery of the Infirm — Louisiana

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

Louisiana Sex Crime Defense Attorney

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense

 

If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Contact Elizabeth B. Carpenter Law  for a consultation.

 

Sexual Battery of the Infirm — La RS 14:93.1

Sexual battery of the infirm is the intentional engaging in any of the sexual acts listed below with another person, who is not the spouse of the offender, when:

(1)  The offender compels the victim, who is physically incapable of preventing the act because of advanced age or physical infirmity, to submit by placing the victim in fear of receiving bodily harm.

(2)  The victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating, narcotic, or anesthetic agent administered by or with the privity of the offender.

(3)  The victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of the victim’s incapacity.

(4)  The victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.

“Sexual acts” mean the following:

(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.

 

***  Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.

 

*** Whoever commits the crime of sexual battery of the infirm shall be punished by imprisonment, with or without hard labor, for not more than 10 years.

 

Elizabeth B. Carpenter, Esq. — Sex Offenses New Orleans Defense Attorney

 

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