Posts Tagged ‘Crimes affecting safety of minors’

Sale, exhibition, or Distribution Harmful Material to Minors — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.
 

Sale, exhibition, or Distribution Harmful Material to Minors — La RS 14:91.11

 

The unlawful sale, exhibition, rental, leasing, or distribution of material harmful to minors is the intentional sale, allocation, distribution, advertisement, dissemination, exhibition, or display of material harmful to minors, by a person who is not the spouse, parent, or legal guardian of the minor to any unmarried person under the age of 18 years, or the possession of material harmful to minors with the intent to sell, allocate, advertise, disseminate, exhibit, or display such material to any unmarried person under the age of 18 years, by a person who is not the spouse, parent, or legal guardian of the minor at a newsstand or any other commercial establishment which is open to persons under the age of 18 years.

 

“Material harmful to minors” is defined as any paper, magazine, book, newspaper, periodical, pamphlet, composition, publication, photograph, drawing, picture, poster, motion picture film, video tape, video game, figure, phonograph record, album, cassette, compact disc, wire or tape recording, or other similar tangible work or thing which exploits, is devoted to or principally consists of, descriptions or depictions of illicit sex or sexual immorality for commercial gain, and when the trier of fact determines that each of the following applies:

(a)  The material incites or appeals to or is designed to incite or appeal to the prurient, shameful, or morbid interest of minors.

(b)  The material is offensive to the average adult applying contemporary community standards with respect to what is suitable for minors.

(c)  The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors.

 

(1)  It shall be unlawful for a person who is not the spouse, parent, or legal guardian of the minor to invite or permit any unmarried person under the age of 18 years of age to be in any commercial establishment that exhibits or displays any item, material, work or thing of any kind that is described above.

(2)  Lack of knowledge of age shall not constitute a defense, unless the defendant shows that he had reasonable cause to believe that the minor involved was 18 years of age or more and that the minor exhibited to the defendant a selective service card, driver’s license, military identification card, birth certificate or other official or apparently official document purporting to establish that such a minor was 18 years of age or more.

(3)  A commercial establishment shall not be in violation of this Section if the commercial establishment provides for a separate area for the exhibition or display of material harmful to minors and designates said area “NOT FOR MINORS” or similar words and the commercial establishment prohibits persons under the age of eighteen years from seeing or examining the contents of material harmful to minors.

(4)  This section does not preempt, nor shall anything in this section be construed to preempt, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments; however, in order to promote uniform obscenity legislation throughout the state, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments shall not exceed the scope of the regulatory prohibitions contained in the provisions of this section.

(5)  Prior to selling material harmful to minors as provided for by this Section, a commercial establishment shall require the individual purchasing the material harmful to minors to provide a driver’s license, selective service card, military identification card, birth certificate, or other official form of identification which on its face establishes the age of the person as 18 years or older.

 

Penalty

Whoever is found guilty of violating the provisions of this Section shall be fined not less than $100.00 dollars nor more than $2,000 dollars or imprisoned for not more than 1 year, or both.

Unlawful Participation in a Child-Related Business — Louisiana

Sex Crime Defense Attorney New Orleans

 

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.  Your freedom is important to us!


 

Unlawful Participation in a Child-Related Business — La RS 14:91.3

No person convicted of a sex offense as defined in R.S. 15:541, whose offense involved a person under the age of 13 years, shall own, operate, or in any way participate in the governance of those child care facilities or in family child day care homes.

Whoever violates the provisions of this Section shall be fined not more than 1,000 dollars, imprisoned with or without hard labor for not more than 1 year, or both.

 
 

Unlawful Presence of a Sex Offender — Louisiana

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 the Law Office of Elizabeth B. Carpenter, Esq. for a consultation.  Your freedom is important to us!

 

 Unlawful Presence of a Sex Offender — LA R.S. 14:91.2

 

The following acts when committed by a person convicted of a sex offense when the victim is under the age of 13years shall constitute the crime of unlawful residence or presence of a sex offender:

(1)  The physical presence of the offender in, on, or within one thousand feet of the school property of any public or private elementary or secondary school or the physical presence in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle.

(2)  The offender establishing a residence within one thousand feet of any public or private elementary or secondary school.

(3)  The physical presence of the offender in, on, or within one thousand feet of a public park or recreational facility.

(4)  The offender establishing a residence within one thousand feet of any public park or recreational facility.

 

The following acts, when committed by a person convicted of an aggravated offense when the victim is under the age of 13 years, shall constitute the crime of unlawful residence or presence of a sex offender:

(1)  The physical presence of the offender in, on, or within one thousand feet of a day care center, group home, residential home, or child care facility or a family child day care home.

(2)  The establishment of a residence within one thousand feet of any day care center, group home, residential home, or child care facility, a family child day care home, playground, public or private youth center, public swimming pool, or free standing video arcade facility.

 

It shall not be a violation of the provisions of this Section if the offender has permission to be present on school premises from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.

If permission is granted to an offender to be present on public school property by the superintendent for that public school pursuant to this Subsection, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender.  This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school.  The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school.  If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.

Any superintendent, principal, or school master who acts in good faith in compliance with this Subsection shall be immune from civil or criminal liability for his actions in connection with any injury or claim arising from an offender being present on school property pursuant to permission granted by that superintendent, principal, or school master.

 

D.  For purposes of this Section:

(1)  “School property” means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.

(2)  “Public park or recreational facility” means any building or area owned by the state or by a political subdivision which is open to the public and used or operated as a park or recreational facility and shall include all parks and recreational areas administered by the office of state parks in the Department of Culture, Recreation and Tourism.

 

Penalty

Whoever violates the provisions shall be fined not more than $1,000, imprisoned with or without hard labor for not more than 1 year, or both.

 

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

Unlawful Presence of a Sexually Violent Predator — Louisiana

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 the Law Office of Elizabeth B. Carpenter, Esq. for a consultation.  Your freedom is important to us!

 

Unlawful Presence of a Sexually Violent Predator — La RS 14:91.1

The physical presence of a sexually violent predator on the school property of any public or private, elementary or secondary school, or in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle; or

The physical residing of a sexually violent predator within one thousand feet of any public or private elementary or secondary school, a day care center, group home, residential home, or child care facility, a family child day care home, playground, public or private youth center, public swimming pool, or free standing video arcade facility.

It shall not be a violation if the offender has permission to be present from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.

If permission is granted to an offender to be present on public school property by the superintendent for that public school, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender.  This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school.  The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school.  If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.

 

(1)  “School property” means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.

(2)  “Sexually violent predator” means an offender who has been convicted of a sex offense as defined in La R.S. 15:541 Paragraph 24 and who has a mental abnormality or antisocial personality disorder that makes the offender likely to engage in predatory sexually violent offenses as determined by the court upon receipt and review of relevant information including the recommendation of the sex offender assessment panel.

 

Whoever violates the provisions of this Section shall be fined not more than $1,000, imprisoned for not more than 6 months, or both.


Unlawful Sales of Weapons to Minors — Louisiana

New Orleans Weapons Charges Defense Attorney

 

Elizabeth B. Carpenter, Esq. — Defending Misdemeanors and Felonies in Orleans, Jefferson, St. Bernard, Plaquemines, St. Bernard, St. John and St. Charles’ Parishes.

Gun Charges

 

Unlawful Sales of Weapons to Minors — La RS 14:91

Unlawful sales of weapons to minors is the selling or otherwise delivering for value of any firearm or other instrumentality customarily used as a dangerous weapon to any person under the age of 18.  Lack of knowledge of the minor’s age shall not be a defense.

Whoever commits the crime of unlawful sales of weapons to minors shall be fined not more than $300.00 dollars or imprisoned for not more than 6 months, or both.

This is a Misdemeanor.

 

Elizabeth B. Carpenter Law Firm

Recent Comments