Sex Crimes

Human Trafficking Awareness Day 2014

 

In 2007, the U.S. Senate declared January 11 as Human Trafficking Awareness Day in an effort to raise the consciousness about this issue. When you hear the term, Human Trafficking, you probably think of sex slavery or forced prostitution.  I think that it is important for people to understand that the term is far more encompassing than that. Human trafficking is not just sex slavery. It is forced labor in cleaning services, farmlands, factories, nail salons and many other industries. It is holding humans captive, and forcing them to work for free, by threatening them.  It is essentially modern day slavery.

 

In Louisiana, much attention has been paid to the issue lately in terms of legislation and advocacy groups.  Last summer, Governor Jindal signed three new human trafficking related bills into law.  The most significant bill broadened Louisiana’s Racketeering Laws by adding the following crimes to the definition of racketeering statute: female genital mutilation, aggravated kidnapping of a child younger than 13, human trafficking, trafficking of children for sexual purposes, bigamy, abetting in bigamy and the sale of minor children. Racketeering laws are utilized by prosecutors to target members of an organization engaged in criminal activities.  This new bill will allow tougher penalties against groups of individuals who are engaged in human trafficking activities. The Louisiana racketeering provides for a penalty of imprisonment for not more than 50 years or a fine up to 1 million dollars, or both.

 

Another bill strengthens enforcement of current law that requires certain establishments to post the National Human Trafficking Hotline number. The bill adds penalties for the failure to post the hotline number and allocates the authority to promulgate rules regarding posting specifics to the Louisiana Office of Alcohol and Tobacco Control.

 

The third bill provides for pre-adjudication diversion programs for juveniles who allegedly engaged in prostitution related offenses due to sexual exploitation by human traffickers.  The purpose of the bill is to help rehabilitate these young people rather than punishing them.  This bill also takes additional steps to protect victims of human trafficking by creating a civil cause of action for victims, making victim restitution mandatory and establishing victim assistance guidelines for law enforcement, District Attorneys and the Attorney General’s office.

 

Important Information

 

As a criminal defense attorney in the New Orleans area, I have defended individuals who were accused of Human Trafficking.  These client’s face harsh criticism and blood thirsty prosecutors.  My law firm is dedicated to providing our clients with a high level of guidance and the legal advocacy they deserve. My top priority is to create the strongest defense possible and help my clients avoid or minimize the penalties associated with human trafficking charges.

 

 

Federal Law On Classifying Sex Offenders

 

 

 

In 2006 the Adam Walsh Child Protection and Safety Act made a number of changes regarding sex offender laws including laws that imposed on the states requirements pertaining to state sex offender registration on where, when and how long sex offenders must register.

 

The law requires each jurisdiction to maintain a sex offender registry that divides sex offenders into three tiers and requires different registry periods for each tier.

 

Tiers

 

Tier III sex offender —  the most serious classification. These sex offenders are convicted of an offense that is punishable by more than one year in prison and:

 

1. is comparable or more severe than one of the following federal crimes or conspiracy or attempt to commit one of them: aggravated sexual abuse, sexual abuse, or abusive sexual contact against a minor under age 13;

2. involves kidnapping a minor, unless the actor is a parent or guardian; or

3. occurs after the offender became a Tier II sex offender.

A Tier III sex offender must register for life, unless he is a juvenile at the time of sentencing in which cases the registration period is 25 years if he maintains a clean record.

 

 

A Tier II sex offender —  someone convicted of an offense punishable by more than one year in prison that:

 

1. is committed against a minor and is comparable or more severe than one of the following federal crimes or attempt or conspiracy to commit one of them: sex trafficking, coercion and enticement, transportation with intent to engage in criminal sexual activity, or abusive sexual contact;

2. involves using a minor in a sexual performance, soliciting a minor for prostitution, or producing or distributing child pornography; or

3. occurs after the offender became a Tier I sex offender.

A Tier II sex offender must register for 25 years.

 

 

A Tier I sex offender — someone convicted of a sex offense not included in the other tiers.

The act defines a sex offense as (1) a crime involving a sexual act or sexual contact with another, (2) specified crimes against minors, (3) specified federal crimes and military crimes, and (4) attempt or conspiracy to commit one of them. Certain foreign crimes and certain crimes involving consensual sexual conduct are excluded but certain juvenile adjudications are included.

A Tier I sex offender must register for 15 years, but with a clean record and registration compliance the registration may be reduced to 10 years.

 

 

The law also requires sex offenders to appear in person to have a picture taken and verify registry information.

Tier I sex offenders must appear every year,

Tier II sex offenders every six month, and

Tier III sex offenders every three months.

 

New Orleans Attorney Elizabeth B. Carpenter Dedicated to reforming Sex Offender Registration Laws!

 

 

Aggravated Crimes Against Nature — Louisiana Law

 

 

 AGGRAVATED CRIMES AGAINST NATURE — La.R.S. 14:89.1

 

Aggravated crime against nature is crime against nature committed under any one or more of the following circumstances:

(1)  When the victim resists the act to the utmost, but such resistance is overcome by force;

(2)  When the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution;

(3)  When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon; or

(4)  When through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known of such incapacity;

(5)  When the victim is incapable of resisting or of understanding the nature of the act, by reason of stupor or abnormal condition of mind produced by a narcotic or anesthetic agent, administered by or with the privity of the offender; or when he 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 such incapacity; or

(6)  When the victim is under the age of seventeen years and the offender is at least three years older than the victim.

 

Penalties

Whoever commits the crime of aggravated crime against nature shall be imprisoned at hard labor for not less than 3 nor more than 15 years, such prison sentence to be without benefit of suspension of sentence, probation or parole.

 

Contact New Orleans Sex Crimes Defense Attorney – Elizabeth B. Carpenter

 

Crimes Against Nature — Louisiana Law

 

 

CRIMES AGAINST NATURE — 14:89

 

Crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43.  Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.

 

PENALTIES

 

Whoever violates the provisions of this Section shall be fined not more than $2,000 dollars, imprisoned, with or without hard labor, for not more than 5 years, or both.

Whoever violates the provisions of this Section with a person under the age of 18 years shall be fined not more than $50,000, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.

Whoever violates the provisions of this Section with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.

It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E).

 

New Orleans Prostitution Defense Attorney

 

Crimes Against Nature By Solicitation — Louisiana Law

 

Crime against Nature By Solicitation La.R.S. 14:89.2

 

Crime against nature by solicitation is the solicitation by a human being of another with the intent to engage in any unnatural carnal copulation for compensation.

Whoever violates the provisions of this Section, on a first conviction thereof, shall be fined not more than $500 hundred dollars, imprisoned for not more than 6 months, or both.

Whoever violates the provisions of this Section, on a second or subsequent conviction thereof, shall be fined not less than two hundred fifty dollars and not more than two thousand dollars, imprisoned, with or without hard labor, for not more than two years, or both.

Whoever violates the provisions of this Section, when the person being solicited is under the age of 18 years, shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than 15 years nor more than 50 years, or both.

 

Person Solicited Is Under Age 14

 

Whoever violates the provisions of this Section, when the person being solicited is under the age of 14 years, shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than 25 years nor more than 50 years, or both.  Twenty-five years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.

A violation of this provision shall be considered a sex offense and the offender shall be required to register as a sex offender.

 

(1)  It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E).

(2)  Lack of knowledge of the age of the person being solicited shall not be a defense.

(3)  It shall not be a defense that the person being solicited consented to the activity prohibited by this Section.

(4)  It shall not be a defense that the person being solicited is actually a law enforcement officer or peace officer acting within the official scope of his duties.

 

If you or a loved one has been arrested for Crimes Against Nature, contact Elizabeth B Carpenter New Orleans Prostitution Defense Attorney.

 

Sentencing of Sex Offenders — Louisiana Law

New Orleans Sex Crimes Defense Attorney

 

Attorney  Elizabeth B. Carpenter — Representing Sex Offenders in Baton Rouge, Orleans, Jefferson,

St. Charles, St. John, St. Tammany, St. Bernard Parishes.  

 

Dedicated to reforming Sex Offender Registration Laws!

 

SENTENCING OF SEX OFFENDERS — La.R.S. 15:537

 

If a person is convicted of or pleads guilty to, or where adjudication has been deferred or withheld for a violation of any of the following:

 

R.S. 14:78 (incest),

R.S. 14:78.1 (aggravated incest),

R.S. 14:80 (felony carnal knowledge of a juvenile),

R.S. 14:81 (indecent behavior with juveniles),

R.S. 14:81.1 (pornography involving juveniles),

R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental disability),

R.S. 14:81.3 (computer-aided solicitation of a minor),

R.S. 14:89 (crime against nature),

R.S. 14:89.1 (aggravated crime against nature),

R.S. 14:93.5 (sexual battery of the infirm),

or any provision of Subpart C of Part II of Chapter 1 of Title 14 of the Louisiana Revised Statutes and is sentenced to imprisonment for a stated number of years or months, the person shall not be eligible for diminution of sentence for good behavior.

 

The court shall sentence a person who has on two or more occasions previously pleaded guilty, nolo contendere, or has been found guilty of violating R.S. 14:42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 78, 78.1, 80, 81, 81.1, 81.2, 89.1, or 107.1(C)(2) to life imprisonment without the benefit of parole, probation, or suspension of sentence.

 

If you or a loved one has been accused of a Sex Crime, it is imperative that you seek the expertise of an experienced New Orleans Sex Offender Attorney.   Contact our firm for a consultation, we are ready to serve as your advocate.

 

 

Sex Offender Driver’s License or Identification Card Requirements — Louisiana Law

Sex Crimes Defense Attorney New Orleans

 

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

 

 

Elizabeth B Carpenter, Esq. is one of Louisiana’s premiere law firms representing clients who are accused of Sex Offenses.  If you have been accused of a Sex Crimecontact 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!

 

If you are being charged with Failure to Register as a Sex Offender La.R.S. 15:542.1.4, contact our law firm — we have a history of aggressively defending these cases and keeping our clients out of jail.

 

Sex Offender Driver’s License or Identification Card Requirements

 

The Louisiana driver’s license, regardless of its class, issued to any person who is required to register as a sex offender shall contain a restriction code which declares that the license holder is a sex offender.  The secretary of the Department of Public Safety and Corrections shall comply with the provisions of this Subsection and the driver’s license shall include the words “sex offender” which shall be orange in color.

Any person to whom this Subsection applies shall carry upon his person the last driver’s license issued to him.

 

The department shall issue a license required pursuant to this Subsection for a period of 1 year.  When the department issues a license pursuant to this Subsection the license shall be valid for a period of one year from the date of issuance.

 

Any person to whom this Subsection applies shall personally appear at a motor vehicle field office to renew his driver’s license every year, in addition to the yearly registration requirements..  Registration shall include the submission of current information to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant’s employer, and any other registration information that may need to be verified.  Upon successful completion of registration, the bureau shall electronically transmit this fact to the office of motor vehicles which may then proceed to renew the driver’s license.  In order to reimburse the office of motor vehicles for the cost of a yearly issuance, the regular renewal fee shall be collected at each renewal pursuant to this Subsection.

 

These provisions shall apply to all registered sex offenders regardless of the date of conviction.

 

 

Failure To Register And Notify As A Sex Offender — Louisiana Law

Sex Crimes Defense Attorney New Orleans

 

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


 

Elizabeth B Carpenter, Esq. is one of Louisiana’s premiere law firms representing clients who are accused of Sex Offenses.  If you have been accused of a Sex Crimecontact 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!

 

If you are being charged with Failure to Register as a Sex Offender La.R.S. 15:542.1.4, contact our law firm — we have a history of aggressively defending these cases and keeping our clients out of jail.

 

Failure to Register and Notify as a Sex Offender — La.R.S. 15:542.1.4

 

A person who fails to register, periodically renew and update registration, provide proof of residence or notification of change of address or other registration information, or provide community notification as required by law, and a person who knowingly provides false information to a law enforcement agency when registering, shall, upon first conviction, be fined not more than $1,000 and imprisoned with hard labor for not less than 2 years nor more than 10 years without benefit of parole, probation, or suspension of sentence.

 

Second and Subsequent Convictions

 

Upon second or subsequent convictions, the offender shall be fined $3,000 and imprisoned with hard labor for not less than 5 years nor more than 20 years without benefit of parole, probation, or suspension of sentence.

 

Failure to Pay Registration Fee

 

An offender who fails to pay the annual registration fee in accordance with the provisions of R.S. 15:542 shall be fined not more than $500 dollars, imprisoned for not more than 6 months, or both.  Upon a second or subsequent conviction for the failure to pay the annual registration fee, the offender shall be punished in accordance with the provisions above.

 

Failure to Notify

 

Any person who certifies by affidavit the location of the residence of the offender shall send written notice to the appropriate law enforcement agency with whom the person last registered when the offender no longer resides at the residence provided in the affidavit.  This notification shall be made any time the sex offender is absent from the residence for a period of thirty days or more, or the offender vacates the residence with the intent to establish a new residence at another location.  This notification shall be sent within three days of the end of the thirty-day period or within three days of the offender vacating the residence with the requisite intent.

Any person who fails to provide the notice required by this Subsection shall be fined not more than f$500 or imprisoned for not more than 6 months, with or without hard labor, or both. — This is a misdemeanor.

 

Sex Offender Drivers License and Identification Card Violations

 

Any person required to register as a sex offender with the Louisiana Bureau of Criminal Identification and Information shall obtain a special identification card issued by the Department of Public Safety and Corrections which shall contain a restriction code declaring that the holder is a sex offender. This special identification card shall include the words “sex offender” in all capital letters which are orange in color and shall be valid for a period of 1 year from the date of issuance.  This special identification card shall be carried on the person at all times by the individual required to register as a sex offender.

Any person who either fails to meet the requirements those requirments or is in posession of a documents that has been altered with the intent to defraud, or who is in possession of a counterfeit of any document required above, shall, on a first conviction, be fined not more than $1000 dollars and imprisoned at hard labor for not less than 2 years nor more than 10 years without benefit of parole, probation, or suspension of sentence.

Upon a second or subsequent conviction for a violation of the provisions above, the offender shall be fined $3000 and imprisoned at hard labor for not less than 5 years nor more than 20 years without benefit of parole, probation, or suspension of sentence.

 

 

Unlawful Use or Access of Social Media — Louisiana

NEW ORLEANS SEX CRIMES DEFENSE ATTORNEY

 

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

 

If you or a loved one is facing allegations of a SEX CRIME, you must contact a criminal defense attorney for a consultation. Early intervention by an experienced Sex Offender Defense Attorney can make a tremendous difference in your case. Elizabeth B. Carpenter, Esq. is dedicated to the defense of those accused of Sex Crimes in Louisiana.  We are here to defend you, not judge you.

 

Unlawful Use or Access of Social Media — La RS 14:95.1

 

A. The following shall constitute unlawful use or access of social media:

The using or accessing of social networking websites, chat rooms, and peer-to-peer networks by a person who is required to register as a sex offender and who was previously convicted of R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism) or was previously convicted of a sex offense as defined in R.S. 15:541 in which the victim of the sex offense was a minor.

The provisions of this Section shall also apply to any person previously convicted for an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law which is equivalent to the offenses provided for in Paragraph (1) of this Subsection, unless the tribal court or foreign conviction was not obtained with sufficient safeguards for fundamental fairness and due process for the accused as provided by the federal guidelines adopted pursuant to the Adam Walsh Child Protection and Safety Act of 2006.

 

B. The use or access of social media shall not be considered unlawful for purposes of this Section if the offender has permission to use or access social networking websites, chat rooms, or peer-to-peer networks from his probation or parole officer or the court of original jurisdiction.

 

C. For purposes of this Section:

“Chat room” means any Internet website through which users have the ability to communicate via text and which allows messages to be visible to all other users or to a designated segment of all other users.

“Minor” means a person under the age of eighteen years.

“Peer-to-peer network” means a connection of computer systems whereby files are shared directly between the systems on a network without the need of a central server.

“Social networking website” means an Internet website that has any of the following capabilities:

Allows users to create web pages or profiles about themselves that are available to the general public or to any other users.

Offers a mechanism for communication among users, such as a forum, chat room, electronic mail, or instant messaging.

 

Penalties

 

Whoever commits the crime of unlawful use or access of social media shall, upon a first conviction, be fined not more than $10,000 and shall be imprisoned with hard labor for not more than 10 years without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of unlawful use or access of social media, upon a second or subsequent conviction, shall be fined not more than $20,000 and shall be imprisoned with hard labor for not less than 5 years nor more than 20 years without benefit of parole, probation, or suspension of sentence.

 

 

Supreme Court Agrees To Hear Case On Child Porn Victim Restitution

Child Pornography Defense New Orleans

 

Elizabeth B. Carpenter — New Orleans Criminal Attorney

 

If you are facing a Sex Crime charge in Louisiana for Possession, Production, Distribution of Pornography Involving Juveniles, it is imperative that you speak with an experienced New Orleans Sex Crime Defense Attorney.  American culture has created a witch hunt atmosphere for those accused of a sex crime; you will have to face hostile prosecutors and harsh public opinion.  Elizabeth B. Carpenter Law is here to defend you and to protect your freedom.  Ms. Carpenter has the experience necessary to effectuate skilled representation for those accused of Possession, Production, Distribution of Child Pornography.  Contact us to schedule a consultation.

 

 Supreme Court Agrees To Hear Case On Child Porn Victim Restitution

 

A few months ago, I reported that the 5th U.S. Circuit Court of Appeals ruled that a woman, was entitled to restitution from a Texas resident and a New Orleans resident , both of whom pleaded guilty in separate cases to possessing child pornography that included images of the woman.

At the end of the article that I posted, one of the attorneys for the defendants suggested that he would ask the Supreme Court to review the ruling.

Last Thursday, the Supreme Court agreed to hear the case.  The legal question is how much are the defendants required to pay in restitution under the 1994 Mandatory Restitution for Sexual Exploitation of Children Act.  The woman says that the defendant is liable for the full amount of her injury – such as counseling and loss of future income – while each defendant asserts that he should only be liable for his individual role. The woman has claimed $3.4 million in damages for this law suit alone.

Court papers indicate that more than 150 courts have awarded Amy restitution but these defendants are the only one to go before the Supreme Court.

Oral arguments and a decision are due in the court’s next term, which begins in October and ends in June 2014.

The case is Paroline v. United States, U.S. Supreme Court, 12-8561.