Carnal Knowledge of a Juvenile Attorney New Orleans
Carnal Knowledge of Juvenile in Louisiana can be a Felony or a Misdemeanor Sex Crime. As far as clients are concerned, the most important difference between the 2 offenses is that a conviction of Misdemeanor Carnal Knowledge of a Juvenile does not require Sex Offender Registration and is expungeable, whereas Felony Carnal Knowledge of a Juvenile requires sex offender registration and the conviction is non-expungeable, however the felony offense is probatable — meaning the judge may suspend the sentence and order the defendant to serve a number of years of state probation in lieu of incarceration. It is also important to note that defendants who are serving time in DOC custody for Felony knowledge of a juvenile are neither parole, nor good time eligible. Therefore, the sentence will be served as flat time, even if the offender is sentenced to attempted carnal knowledge of a juvenile.
Misdemeanor Carnal Knowledge of Juvenile occurs when a person who is 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17 years of age and when the difference between the age of the victim and age of the offender is greater than 2 years, but less than 4 years. It is important to note that this does not include spousal relationships and lack of knowledge of the juvenile’s age is not a defense. The statute can be found at La. R.S. 14:80.1
The punishment for Misdemeanor Carnal Knowledge of Juvenile is a fine of not more than $1,000.00 and 6 months imprisonment, or both. It is possible to have the sentence suspended, thereby requiring the offender to successfully complete probation in lieu of imprisonment. Misdemeanor Carnal Knowledge of a Juvenile is the same thing as Statutory Rape Law. An offender will be eligible for an expungement under Article 894 of the Louisiana Criminal Code.
* As indicated below, a second offense misdemeanor carnal knowledge is a felony.
Felony Carnal Knowledge of a Juvenile is committed when either of the following incidents occur:
(1) A person who is 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17 years of age, when there is no spousal relationship between the victim and the offender and when the difference between the age of the victim and the age of the offender is 4 years or greater;
(2) A person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or a person who has been convicted one or more times of violating one or more crimes for which the offender is required to register as a sex offender commits a first offense of misdemeanor carnal knowledge of a juvenile.
* Lack of knowledge of the juvenile’s age shall not be a defense.
The punishment for Felony Carnal Knowledge of Juvenile is a fine of not more than $5,000.00, or imprisonment, with or without hard labor, for not more than 10 years, or both. The defendant shall not be eligible to have his conviction set aside or his prosecution dismissed or expunged. Furthermore, any DOC sentence served is flat time, the defendant is not eligible for good time.
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