Posts Tagged ‘Sex Offender Registry’

Louisiana Sex Law Violates Offenders’ Rights, Federal Judge Rules

Criminal Defense Attorney New Orleans

 

Elizabeth B Carpenter — Attorney New Orleans

 

Louisiana sex law violates offenders’ rights, federal judge rules

 

By: Associated Press

 

A Louisiana law violates the constitutional rights of people who were required to register as sex offenders after they were convicted of soliciting oral or anal sex for money, a federal judge ruled Thursday. U.S. District Judge Martin Feldman said state lawmakers had no “rational basis” for requiring people to register as sex offenders if they were convicted of a “crime against nature by solicitation.”

martin_feldman_crop.jpgU.S. District Court Judge Martin Feldman

Feldman sided with nine anonymous plaintiffs who sued last year, saying they wouldn’t have had to register as sex offenders if instead they had been convicted of soliciting sex for money under the state prostitution law.

Civil rights attorneys who filed the suit against Louisiana Attorney General James “Buddy” Caldwell and other state officials claim the law is unconstitutional and discriminatory, unfairly condemning sex acts traditionally associated with homosexuality.

Feldman said the plaintiffs proved they have been deprived of their equal protection rights under the Fourteenth Amendment.

“The defendants fail to credibly serve up even one unique legitimating governmental interest that can rationally explain the registration requirement imposed on those convicted of Crime Against Nature by Solicitation,” Feldman wrote. “The Court is left with no other conclusion but that the relationship between the classification is so shallow as to render the distinction wholly arbitrary.”

Feldman gave the plaintiffs five days to submit a proposed judgment consistent with his decision. Plaintiffs’ attorney Alexis Agathocleous said he and his colleagues were still reviewing the ruling and weighing their options but would, at a minimum, ask for the names of the nine anonymous plaintiffs to be removed from the sex offender registry.

“We will work with the court to sort out the precise details of the judgment in this case,” said Agathocleous, an attorney for the Center for Constitutional Rights in New York.

Agathocleous said the ruling represents “powerful vindication” for the plaintiffs and a rebuke of a statute “borne of age-old animus.”

Feldman said the issue before him “is not about approval or disapproval of sexual beliefs or mores.”

“It is about the mandate of equality that is enshrined in the Constitution,” he wrote.

A spokeswoman for Caldwell’s office said she couldn’t immediately comment on the ruling.

The state Legislature amended the 200-year-old law last year so that anyone convicted of a “crime against nature by solicitation” no longer will be required to register as a sex offender. But the change didn’t apply to roughly 400 people who already had been convicted of the crime and were registered sex offenders.

The state argued the plaintiffs didn’t have a constitutionally protected right to privacy after being convicted of engaging in sex acts for money.

Gov. Bobby Jindal originally was named as a defendant in the suit, but the claims against him were dismissed last year.

Obscenity — Louisiana

NEW ORLEANS SEX CRIMES DEFENSE ATTORNEY

 

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

 

If you or a loved one is facing an Obscenity  charge, 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.
Whoever is convicted of Obscenity Through Solicitation of a Minor will have to Register as a Sex Offender for 15 years — To be conducted annually…

Obscenity — La RS 14:106

The crime of obscenity is the intentional:

(1)  Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive.

(2)  Participation or engagement in, or management, operation, production, presentation, performance, promotion, exhibition, advertisement, sponsorship, electronic communication, or display of, hard core sexual conduct when the trier of fact determines that the average person applying contemporary community standards would find that the conduct, taken as a whole, appeals to the prurient interest; and the hard core sexual conduct, as specifically defined herein, is presented in a patently offensive way; and the conduct taken as a whole lacks serious literary, artistic, political, or scientific value.

Hard core sexual conduct is the public portrayal, for its own sake, and for ensuing commercial gain of:

(i)  Ultimate sexual acts, normal or perverted, actual, simulated, or animated, whether between human beings, animals, or an animal and a human being; or

(ii)  Masturbation, excretory functions or lewd exhibition, actual, simulated, or animated, of the genitals, pubic hair, anus, vulva, or female breast nipples; or

(iii)  Sadomasochistic abuse, meaning actual, simulated or animated, flagellation, or torture by or upon a person who is nude or clad in undergarments or in a costume that reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or in the condition of being fettered, bound, or otherwise physically restrained, on the part of one so clothed; or

(iv)  Actual, simulated, or animated touching, caressing, or fondling of, or other similar physical contact with a pubic area, anus, female breast nipple, covered or exposed, whether alone or between humans, animals, or a human and an animal, of the same or opposite sex, in an act of apparent sexual stimulation or gratification; or

(v)  Actual, simulated, or animated stimulation of a human genital organ by any device whether or not the device is designed, manufactured, or marketed for such purpose.

(3)  Sale, allocation, consignment, distribution, dissemination, advertisement, exhibition, electronic communication, or display of obscene material, or the preparation, manufacture, publication, electronic communication, or printing of obscene material for sale, allocation, consignment, distribution, advertisement, exhibition, electronic communication, or display.

Obscene material is any tangible work or thing which the trier of fact determines  that the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest, and which depicts or describes in a patently offensive way, hard core sexual conduct specifically defined in Paragraph (2) of this Subsection, and the work or thing taken as a whole lacks serious literary, artistic, political, or scientific value.

Requiring as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication to a purchaser or consignee that such purchaser or consignee also receive or accept any obscene material for resale, distribution, display, advertisement, electronic communication, or exhibition purposes; or, denying or threatening to deny a franchise to, or imposing a penalty, on or against, a person by reason of his refusal to accept, or his return of, such obscene material.

 

Solicitation or enticement of an unmarried person under the age of 17 years (a minor) to commit any act prohibited above.  – Requires Sex Offender Registration.

Advertisement, exhibition, electronic communication, or display of sexually violent material.  “Violent material” is any tangible work or thing which the trier of facts determines depicts actual or simulated patently offensive acts of violence, including but not limited to, acts depicting sadistic conduct, whippings, beatings, torture, and mutilation of the human body.

No person, knowing the content of an advertisement to be sexually explicit as defined in this Paragraph shall transmit or cause to be transmitted an unsolicited advertisement in an electronic communication to one or more persons within this state that contains sexually explicit materials without including in the advertisement the term “ADV-ADULT” at the beginning of the subject line of the advertisement.  A “subject line” is the area of an electronic communication that contains a summary description of the content of the message.

Lack of knowledge of age or marital status shall not constitute a defense for OBSCENITY BY SOLICITATION OF A MINOR.

*** If any employee of a theatre or bookstore acting in the course or scope of his employment, is arrested for an offense designated in this Section, the employer shall reimburse the employee for all attorney’s fees and other costs of defense of such employee.  Such fees and expenses may be fixed by the court exercising criminal jurisdiction after contradictory hearing or by ordinary civil process.

*** The provisions of this Section do not apply to recognized and established schools, churches, museums, medical clinics, hospitals, physicians, public libraries, governmental agencies, quasi-governmental sponsored organizations and persons acting in their capacity as employees or agents of such organizations, or a person solely employed to operate a movie projector in a duly licensed theatre.

 

Hearing Requirement

Except for those motion pictures, printed materials, electronic communication and photographic materials showing actual ultimate sexual acts or simulated or animated ultimate sexual acts when there is an explicit, close-up depiction of human genital organs so as to give the appearance of the consummation of ultimate sexual acts, no person, firm, or corporation shall be arrested, charged, or indicted for any violations of a provision of this Section until such time as the material involved has first been the subject of an adversarial hearing under the provisions of this Section, wherein such person, firm, or corporation is made a defendant and, after such material is declared by the court to be obscene, such person, firm, or corporation continues to engage in the conduct prohibited by this Section.  The sole issue at the hearing shall be whether the material is obscene.

The hearing shall be held before the district court having jurisdiction over the proceedings within 72 hours after receipt of notice by the person, firm, or corporation.  The person, firm, or corporation shall be given notice of the hearing by registered mail or by personal service on the owner, manager, or other person having a financial interest in the material; provided, if there is no such person on the premises, then notice may be given by personal service on any employee of the person, firm, or corporation on such premises.  The notice shall state the nature of the violation, the date, place, and time of the hearing, and the right to present and cross-examine witnesses.

The state or any defendant may appeal from a judgment.  Such appeal shall not stay the judgment.  Any defendant engaging in conduct prohibited by this Section subsequent to notice of the judgment, finding the material to be obscene, shall be subject to criminal prosecution notwithstanding the appeal from the judgment.

No determination by the district court pursuant to this Section shall be of any force and effect outside the judicial district in which made and no such determination shall be res judicata in any proceeding in any other judicial district.  In addition, evidence of any hearing held pursuant to this Section shall not be competent or admissible in any criminal action for the violation of any other Section of this Title; provided, however, that in any criminal action, charging the violation of any other Section of this Title, against any person, firm, or corporation that was a defendant in such hearing, involving the same material declared to be obscene under the provisions of this Section, then evidence of such hearing shall be competent and admissible as bearing on the issue of scienter only.

 

PENALTIES

On a first conviction, whoever commits the crime of obscenity shall be fined not less than $1,000 dollars nor more than $2,500 dollars, or imprisoned, with or without hard labor, for not less than 6 months nor more than 3 years, or both.

On a second conviction, the offender shall be imprisoned, with or without hard labor for not less than 6 months nor more than 3 years, and in addition may be fined not less than $2,500 dollars nor more than $5,000 dollars.

On a third or subsequent conviction, the offender shall be imprisoned with or without hard labor for not less than 2 years nor more than 5 years, and in addition may be fined not less than $5,000 dollars nor more than $10,000 dollars.

When a violation is with or in the presence of an unmarried person under the age of 17 years, the offender shall be fined not more than $10,000 dollars and shall be imprisoned, with or without hard labor, for not less than 2 years nor more than 5 years, without benefit of parole, probation, or suspension of sentence.

When a corporation is charged with violating this Section, the corporation, the president, the vice president, the secretary, and the treasurer may all be named as defendants.  Upon conviction for a violation of this Section, a corporation shall be sentenced.  All corporate officers who are named as defendants shall be subject to the penalty provisions.

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.

 
 

Who Looks at Child Pornography and Why? — Louisiana Sex Crimes Attorney

Child Pornography Sex Crime Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. — Attorney New Orleans

 

If you are facing a Sex Crime charge in Louisiana of Possession, Production, Distribution of Child Porn, it is imperative that you seek counsel from an experienced Sex Crime Defense Attorney in Louisiana.  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.  New Orleans Child Pornography Defense Attorney Elizabeth B. Carpenter, Esq. is here to defend you and to protect your freedom.  Contact us to schedule a consultation.

 

Serving Orleans, Jefferson, St. Tammany, St. Charles, St. John, St. James, St. Bernard, Assumption, Terrebonne and Tangipahoa Parishes!

 

Who’s looking at child porn now (and

why)?

Working in the Pentagon doesn’t exempt you from sex addiction.
Published on September 6, 2010 by Samantha Smithstein, Psy.D.

 

On Friday, more news broke regarding the child pornography scandal at the Pentagon that surfaced this summer. In July, it was discovered that more than 250 civilian and military employees of the Defense Department — including some with the highest available security clearance — used credit cards or PayPal to purchase images of children in sexual situations. This was out of the total 5,000 Americans that were discovered to be purchasing child pornography though the investigation.This Friday it was reported that only 52 of the suspects at the Pentagon were investigated and just 10 were charged with viewing or purchasing child pornography. The investigation evidently focused on individuals who had high security clearance and could be subject to blackmail.

In July, news reports focused mostly on the Pentagon, presumably because individuals who are a part of national security should be morally and legally held to a higher standard than the average citizen. Likewise, the news reports on Friday focused on the low numbers of people actually charged – the disappointment in all probability again because of this standard and that people in these roles in our government should not be able to get away with such behavior.

However, there is another story in all of this that deserves coverage as well: what about the 5,000 Americans that were all purchasing child pornography with their credit cards or through Paypal? In spite of ever-increasing sophisticated methods authorities have to track the images and track-down and arrest users, child pornography is a multi-billion dollar industry and among the fastest growing criminal segments on the Internet. The National Center for Missing and Exploited Children claims that around 20% of all pornography contains children, and the US Department of Justice estimates that pornographers have recorded the abuse of more than one million children in the United States alone.

Obviously, there is a story here about the children being sexually abused and record of their abuse being distributed and sold to millions of viewers. That story is horrible in and of itself. But the other story is of the viewers and purchasers of these images.

To be sure, some percentages of those individuals viewing the images are pedophiles – individuals who suffer from a sexual disorder that makes them attracted to prepubescent children. And some of those individuals will also sexually abuse children during the course of their life. Nevertheless, a great number of the individuals viewing child pornography are not in this category. These individuals are often engaged in compulsive sexual behavior or “sex addiction,” viewing pornography for hours at a time, searching for more and more intense images in order to get the same addictive rush. They stumble upon child pornography and are often horrified when they see it for the first time. But then there is something so taboo and so charged about it that they find themselves returning for the “high”… even when the thought of children being sexually abused makes their skin crawl and they feel sickened by it when they think about what they are looking at.

There is something about the Internet and it’s illusion of privacy and, even more importantly, is illusion of it being “unreal” that makes it the perfect venue for people to end up doing things that they would never consider doing otherwise - be it having affairs, gambling, shopping, exposing their genitals, or looking at child pornography. Even for people working at the Pentagon.

Rape Laws — Louisiana

Sex Crime Defense Attorney Louisiana

 

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, Esq. for a consultation.  Your freedom is important to us!

 

 Aggravated rape — 14:42 La R.S.

Aggravated rape is a rape committed upon a person 65 years old or older or where sexual intercourse is without lawful consent of the victim because it is committed under any one or more of the following circumstances:

 

(1)  When the victim resists the act, but whose resistance is overcome by force.

(2)  When the victim is prevented from resisting the act by threats of great and immediate bodily harm.

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

(4)  When the victim is under the age of thirteen years.  Lack of knowledge of the victim’s age shall not be a defense.

(5)  When two or more offenders participated in the act.

(6)  When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

 

Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

 

However, if the victim was under the age of thirteen years:   Capital Punishment

 

The district attorney may seek capital punishment, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury.  The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.

If the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

 

Forcible rape — La R.S. 14:42.1

Forcible rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:

(1)  When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.

(2)  When 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 a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.

Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than 5 to 40 years.  At least 2 years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

Anyone convicted of Forcible Rape must Register as a Sex Offender with the state for Life, to be conducted quarterly.

 

SIMPLE RAPE  —  La R.S.  14:43

A.  Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim  because it is committed under any one or more of the following circumstances:

(1)  When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.

(2)  When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.

(3)  When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

B.  Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor for not more than 25 yrs, without benefit of parole, probation, or suspension of sentence.

 

SEXUAL BATTERY — La R.S. 14:43.1

Sexual battery is the intentional 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 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, when any of the following occur:

  • The offender acts without the consent of the victim.
  • The act is consensual but the other person, who is not the spouse of the offender, has not yet attained 15 years of age and is at least three years younger than the offender.

**The offender is seventeen years old or older and any of the following exist:

  • The act is without consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
  •  The victim is physically incapable of preventing the act due to a physical disability.
  • The victim is incapable of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.
  • The act is without consent of the victim, and the victim is 65 years old or older.

 

Lack of knowledge of the victim’s age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense under the provisions of this Section.

Whoever commits the crime of sexual battery shall be punished by imprisonment for not more than 10 years with or without hard labor, without benefit of parole, probation, or suspension of sentence..

Whoever commits the crime of 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 25 to 99 years. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

**Whoever commits the crime of sexual battery on a victim who is 65 years old or older or who has was physically or mentally impaired at the time of the incident shall be imprisoned at hard labor for 25-99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Upon completion of the term of imprisonment, 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.

 

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.

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 65 years of age or older.

 

 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.

 

Oral sexual battery — La R.S. 14:43.3

Oral sexual battery is the intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim, when any of the following occur:

  • The victim, who is not the spouse of the offender, is under the age of 15 and is at least 3 years younger than the offender.

 

  • The offender is 17 years of age or older and any of the following exist:

 

The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:

 

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

 

The victim is mentally incapable of understanding the act and the offender knew or should have known of the victim’s incapacity.

 

  • The act is without the consent of the victim, and the victim is 65 years of age or older.

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

 

* Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor.  At least 10 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

 

* Whoever commits the crime of oral sexual battery on a victim under the age of 13 when the offender is 17 of age or older shall be punished by imprisonment at hard labor for 25 to 99.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

 

* Whoever commits the crime of oral sexual battery on a victim who is physically or mentally disabled or 65 years old or older shall be imprisoned at hard labor 25 – 99 years.  At least 25 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

Upon completion of the term of imprisonment, 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.

 

Aggravated Rape — Louisiana

 

New Orleans Sex Crimes Defense Attorney

 

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, Esq. for a consultation.  Your freedom is important to us!

 

 Aggravated rape — 14:42 La R.S.

 

Aggravated rape is a rape committed upon a person 65 years old or older or under 13 years old where sexual intercourse is without lawful consent of the victim because it is committed under any one or more of the following circumstances:

 

(1)  When the victim resists the act, but whose resistance is overcome by force.

(2)  When the victim is prevented from resisting the act by threats of great and immediate bodily harm.

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

(4)  When the victim is under the age of thirteen years.  Lack of knowledge of the victim’s age shall not be a defense.

(5)  When two or more offenders participated in the act.

(6)  When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

 

Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

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 — Louisiana.

 

Overview of Rape in Louisiana.

 

Forcible Rape — Louisiana Law

New Orleans Forcible Rape Defense Attorney

 

Elizabeth B Carpenter  helps many people accused of Sex Offenses including Rape.  We are dedicated to the defense of those accused of Sex Crimes. Your freedom is important to us!

 

Forcible rape — La R.S. 14:42.1

 

Forcible rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:

(1)  When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.

(2)  When 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 a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.

Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than 5 nor more than 40 years.  At least 2 years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

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

 

Overview of Rape in Louisiana.

 

Anyone convicted of Forcible Rape must Register as a Sex Offender with the state for Life, to be conducted quarterly.

 

Forcible Rape is a Crime of Violence under the Louisiana Code.

 

 

Kidnapping Laws — Louisiana

 New Orleans Kidnapping Defense Lawyer

 

Below is a list of all the Louisiana statutes regarding Kidnapping Crimes.  If you have been accused of kidnapping, a New Orleans criminal attorney can help you.  These are very serious charges.  It will take a skilled attorney to prepare your defense.  We are waiting to defend your rights!

 

  Interference with the Custody of a Child — La R.S. 14:45.1

 

Interference with the custody of a child is the intentional taking, enticing, or decoying away of a minor child by a parent not having a right of custody, with intent to detain or conceal such child from a parent having a right of custody pursuant to a court order or from a person entrusted with the care of the child by a parent having custody pursuant to a court order.

It shall be an affirmative defense that the offender reasonably believed his actions were necessary to protect the welfare of the child.

 

Whoever commits the crime of interference with the custody of a child shall be fined not more than $500.00 or be imprisoned for not more than 6 months, or both.  Costs of returning a child to the jurisdiction of the court shall be assessed against any defendant convicted of a violation of this Section, as court costs as provided by the Louisiana Code of Criminal Procedure.

Whoever is convicted of Interference with the Custody of a Child shall register as a Sex Offender with the state for 15 years to be conducted annually.

 

Simple Kidnapping — La R.S. 14:45

 

Simple kidnapping is:
(1) The intentional and forcible seizing and carrying of any person from one place to another without his consent.

(2) The intentional taking of any child not his own and under the age of 14 years, without the consent of its parent.

(3) The intentional taking without the consent of the proper authority, of any person who has been lawfully committed to any orphan, insane, feeble-minded or other similar institution.

(4) The intentional taking and removing from the state, by any parent of his or her child, from the custody of any person to whom custody has been awarded by any court of competent jurisdiction of any state, without the consent of the legal custodian.

(5) The taking and removing from the state, by any person, other than the parent, of a child temporarily placed in his custody by any court of competent jurisdiction in the state.
Whoever commits the crime of simple kidnapping shall be fined not more than $5,000.00, imprisoned with or without hard labor for not more than 5 years, or both.

Whoever is convicted of Simple Kidnapping of a minor under age 18 shall register as a Sex Offender with the state for Life, to be conducted annually.

 

 Simple Kidnapping is considered a Crime of Violence.

 

Aggravated Kidnapping of a Child — La R.S. 14.44.2

 

Aggravated kidnapping of a child is the unauthorized taking, enticing and removing from a location by any person other than a parent, grandparent, or legal guardian of a child under the age of 13 years with the intent to secret the child from his parent or legal guardian.
Whoever commits the crime of aggravated kidnapping of a child shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

* Notwithstanding the provisions above, if the child is returned not physically injured or sexually abused, then the offender shall be punished in accordance with the provisions of  Second Degree Kidnapping (below).

Whoever is convicted of Aggravated Kidnapping of a Child shall register as a Sex Offender with the state for Life, to be conducted annually.
Aggravated Kidnapping of a Child is considered a Crime of Violence.

 

Second Degree Kidnapping — La. R.S. 14:44.1

Kidnapping is defined as the following:

  • The forcible seizing and carrying of any person from one place to another; or
  • The enticing or persuading of any person to go from one place to another; or
  • The imprisoning or forcible secreting of any person.

 

Second degree kidnapping is the doing of any act that constitutes Kidnapping wherein the victim is:

(1) Used as a shield or hostage;

(2) Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony;

(3) Physically injured or sexually abused;

(4) Imprisoned or kidnapped for seventy-two or more hours, or

(5) Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon.

 

Whoever commits the crime of second degree kidnapping shall be imprisoned at hard labor for 5 to 40 years. At least 2 years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.

Whoever is convicted of Second Degree Kidnapping shall register as a Sex Offender with the state for Life, to be conducted annually.
Second Degree Kidnapping is considered a Crime of Violence.

 

 Aggravated Kidnapping — La R.S. 14:44  (Ransom) 

 

Aggravated kidnapping is the doing of any of the following acts with the intent to force the victim, or some other person, to give up anything of apparent value, or to grant any advantage, in order to secure a release of the person under the offender’s actual or apparent control:

 

(1)  The forcible seizing and carrying of any person from one place to another; or

(2)  The enticing or persuading of any person to go from one place to another; or

(3)  The imprisoning or forcible secreting of any person.

 

Whoever commits the crime of aggravated kidnapping shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.  

Whoever is convicted of Aggravated Kidnapping shall register as a Sex Offender with the state for Life, to be conducted annually.

 

Aggravated Kidnapping is considered a Crime of Violence.

 

 

Oral Sexual Battery — Louisiana Law

New Orleans Oral Sexual Battery Attorney

 

Attorney Elizabeth B. Carpenter is dedicated to representing clients who are accused of Sex Offenses.  If you have been accused of a Oral Sexual Battery, contact our office today to schedule a consultation.  

 

Anyone convicted of of the crime Oral Sexual Battery shall register with the state as a Sex Offender for 25 years, to be conducted semi-annually.

 

Anyone convicted of of the crime Oral Sexual Battery on a victim under the age of 13 when the offender is 17 years of age or older shall register with the state as a Sex Offender for life, to be conducted quarterly.

 

Anyone convicted of of the crime Oral Sexual Battery on a victim under the following circumstances shall register with the state as a Sex Offender for life, to be conducted quarterly.

 

The offender is 17 years old or older and any of the following exist:

  • The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:

 

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

 

  • The victim is incapable of mentally understanding the act, and the offender knew or should have known of the victim’s incapacity.

 

  • The act is without the consent of the victim, and the victim is sixty-five years of age or older

 

 

The Louisiana Oral sexual battery statute can be found at La.R.S. 14:43.1.  This offense is defined as the intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim, when any of the following occur:

  • The victim, who is not the spouse of the offender, is under the age of 15 and is at least 3 years younger than the offender.

 

  • The offender is 17 years of age or older and any of the following exist:

 

The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:

 

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

 

The victim is mentally incapable of understanding the act and the offender knew or should have known of the victim’s incapacity.

 

  • The act is without the consent of the victim, and the victim is sixty-five years of age or older.

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

 

* Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor.  At least 10 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

 

* Whoever commits the crime of oral sexual battery on a victim under the age of 13 when the offender is 17 of age or older shall be punished by imprisonment at hard labor for 25 to 99.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

 

* Whoever commits the crime of oral sexual battery on a victim who is physically or mentally disabled or 65 years old or older shall be imprisoned at hard labor 25 – 99 years.  At least 25 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

 

Upon completion of the term of imprisonment, 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.

 

 

Criminal False Imprisonment — Louisiana

 

The Crime of False Imprisonment in Louisiana

 

 

Under the law, there are two types of false imprisonment:  1) Civil False Imprisonment, which is known as a tort (civil wrong) and 2) Criminal False Imprisonment, a criminal offense.  Naturally, I am going to discuss the criminal offense, since this is a criminal defense attorney blog.

People usually want to know if false imprisonment is a felony or a misdemeanor offense.  The answer to this questions depends on the statute under which the individual is charged and the facts surrounding the incident.

 

 

Under La. R.S. 14:46, false imprisonment is defined as “the intentional confinement or detention of another, without his consent and without proper legal authority.”  Whoever commits this offense shall be fined not more than $200.00 and imprisoned for not more than 6 months, or both.  This offense is a misdemeanor.

Under La. R.S. 14:46.1, false imprisonment is defined as “the intentional confinement or detention of another while the offender is armed with a dangerous weapon.”  Whoever commits this offense shall be imprisoned, with or without hard labor, for no more than 10 years.  This crime is a felony — but it is probatable, meaning the judge may suspend the offender’s sentence and sentence the offender to probation.

 

Noteworthy

Anyone who is convicted of False Imprisonment (with or without a weapon) of a victim who is under the age of 18 will have to register as a Sex Offender for 15 years, to be updated annually.

 

If you or a loved has been charged with false imprisonment, contact Attorney Elizabeth B. Carpenter to schedule a case evaluation.  We look forward to helping you!

 

 

 

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