What is Louisiana Law for Indecent Behavior with Juveniles?
The statute for Indecent Behavior with Juveniles can be found at La. R.S. 14:81.
Indecent behavior with juveniles is the commission of any of the following acts with the intention of arousing or gratifying the sexual desires of either person:
(1) Any lewd or lascivious act upon the person or in the presence of any child under the age of 17, where there is an age difference of greater than 2 years between the two persons.
Note: Lack of knowledge of the child’s age shall not be a defense
(2) The transmission, delivery or utterance of any textual, visual, written, or oral communication depicting lewd or lascivious conduct, text, words, or images to any person reasonably believed to be under the age of 17 and reasonably believed to be at least 2 years younger than the offender.
Note: It shall not be a defense that the person who actually receives the transmission is not under the age of 17. The law states that the offender only needs to reasonably believe that the person is a juvenile (under the age of 17) and reasonably believe that the person (juvenile) is at least 2 years younger than the offender.
An offense committed under this law and based upon the transmission and receipt of textual, visual, written, or oral communication may be deemed to have been committed where the communication was originally sent, originally received, or originally viewed by any person.
“Textual, visual, written, or oral communication” means any communication of any kind, whether electronic or otherwise, made through the use of the United States mail, any private carrier, personal courier, computer online service, Internet service, local bulletin board service, Internet chat room, electronic mail, online messaging service, or personal delivery or contact.
Penalties / Sentencing
Victim over the age of 12 years old: Whoever commits the crime of indecent behavior with juveniles shall be fined not more than $5,000.00 dollars, or imprisoned with or without hard labor for not more than 7 years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893. This crime cannot be expunged.
Victim under the age of 13 year old: Whoever commits the crime of indecent behavior with juveniles on a victim under the age of 13 when the offender is 17 years of age or older, shall be punished by imprisonment at hard labor for not less than 2 nor more than 25 years. At least two years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
In addition, the court shall order that the personal property, such a cell phone, computer, tablet, used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction.
Whoever is convicted of Indecent Bahavior with Juveniles will have to Register as a Sex Offender .
Attorney Elizabeth B. Carpenter has represented many people in cases involving allegations of sex crimes throughout southern Louisiana. She knows that many people accused of Sex Crimes are not guilty. If you or a loved one has been accused of indecent behavior with Juveniles, contact Elizabeth B. Carpenter, Esq. for a consultation with an experienced New Orleans criminal defense lawyer. Protecting your freedom is important to us. 504-599-5955