Sexual Conduct Between Teacher and Student — Louisiana Law

Prohibited Sexual Contact Educator Student

The crime entitled “prohibited sexual contact between educator and student” can be found at La. R.S. 14:81.4

The statute makes it illegal for a teacher or educator:

To have sexual intercourse with a person who is 17 years of age or older, but less than 21 years of age, where there is an age difference of greater than 4 years between the two persons, when the victim is not the spouse of the offender and is a student at the school where the educator is assigned, employed, or working at the time of the offense.

To commit any lewd or lascivious act upon a student or in the presence of a student who is 17 years of age or older, but less than 21 years of age, where there is an age difference of greater than 4 years between the two persons, with the intention of gratifying the sexual desires of either person, when the victim is a student at the school in which the educator is assigned, employed, or working at the time of the offense.

To intentionally engage in the touching of the anus or genitals of a student 17 years of age or older, but less than 21 years of age, where there is an age difference of greater than 4 years between the two persons, using any instrumentality or any part of the body of the educator, or the touching of the anus or genitals of the educator by a person 17 years of age or older, but less than 21 years of age, where there is an age difference of greater than 4 years between the two persons, when the victim is a student at the school in which the educator is assigned, employed, or working at the time of the offense using any instrumentality or any part of the body of the student.

Here are some important legal definitions as these words pertain to the statute:

“Educator” means any administrator, coach, instructor, paraprofessional, student aide, teacher, or teacher aide at any public or private school, assigned, employed, or working at the school or school system where the victim is enrolled as a student on a full-time, part-time, or temporary basis.

“School” means a public or nonpublic elementary or secondary school or learning institution which shall not include universities and colleges.

“Sexual intercourse” means anal, oral, or vaginal sexual intercourse.  Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.

“Student” includes students enrolled in a school who are17years of age or older, but less than 21 years of age.

Defenses

  • Consent of a student is no a defense to any violation of this law
  • Lack of knowledge of the student’s age is not a defense.

Penalties

Whoever commits the crime of Prohibited Sexual Conduct Between Educator and Student shall be fined not more than $1,000.00 dollars, or imprisoned for not more than 6 months, or both.  This offense is a misdemeanor.

For a second or subsequent offense, an offender may be fined not more than $5,000.00 and shall be imprisoned, with or without hard labor, for not less than 1 year nor more than 5 years.  This offense is a felony.

A person convicted of this crime shall register as a Sex Offender with the state for 15 years, to be conducted annually.

Legal Representation

If you or a loved one has been accused of prohibited sexual contact between educator and student or been the victim of this crime, contact Louisiana sex crime attorney, Elizabeth B. Carpenter for a consultation today.  She has the experience and ambition that you need.

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