Explanation of Rape Laws in Louisiana

In 2015, Louisiana lawmakers changed the name of Aggravated Rape, Forcible Rape and Simple Rape to First Degree Rape, Second Degree Rape and Third Degree Rape, respectively. The terms are interchangeably used herein.  First Degree Rape -- 14:42 La R.S. First Degree Rape is a rape committed upon a person 65 years old or older or under the age of 13 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 [...]

Second Degree Cruelty to Juvenile — Louisiana

Second Degree Cruelty to Juveniles Defense Attorney Second Degree Cruelty to juveniles is a very serious charge. A parent who has been charged with this offense is facing the risk of losing parent rights and going to prison. What is Second Degree Cruelty to Juveniles? Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of seventeen to any child under the age of seventeen which causes serious bodily injury or neurological impairment to that child. "Serious bodily injury" means bodily injury involving protracted and obvious disfigurement or protracted loss [...]

Second Degree Rape / Forcible Rape — Louisiana Law

Second Degree Rape -- La R.S. 14:42.1 Prior to the 2015 legislative session, Second Degree Rape was referred to as Forcible rape. For all purposes, “forcible rape” and “second degree rape” mean the offense defined by the provisions of this Section and any reference to the crime of forcible rape is the same as a reference to the crime of second degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as “second degree rape”. Second Degree Rape is rape committed when the anal, oral, or [...]

Physical Castration Sex Offenders in Louisiana

Administration of Medroxyprogesterone Acetate (MPA) Sex Offenders La R.S.  --  14:43.6 Upon a first conviction of any of the following: aggravated rape, First Degree Rape as of 2015 forcible rape, Second Degree Rape as of 2015 second degree sexual battery, aggravated incest, molestation of a juvenile when the victim is under the age of thirteen, and aggravated crime against nature, 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. Upon a second or subsequent conviction of any of the following: aggravated [...]

Simple Rape / Third Degree Rape– Louisiana Sex Crimes

Third Degree Rape - Louisiana Law Prior to the 2015 legilative session, Third Degree Rape was known as Simple Rape.  The statute for third degree rape can be located La. R.S. 14:42. This crime is 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: The victim is incapable of resisting or of understanding the nature of the act by reason of intoxication and the offender knew or should have known of the victim's incapacity. The [...]

By |2020-01-16T21:53:50+00:00January 16th, 2020|Categories: Crime of Violence, Crimes Defined, Criminal Statutes, Sex Crimes|Tags: , |

Louisiana Crimes of Violence

What is a Crime of Violence in Louisiana? The law pertaining to "Crimes of violence" in Louisiana can be found under Louisiana Revised Statutes 14:2(B). An offense is considered a crime of violence when it has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. [...]

Sexual Battery — Louisiana

Sexual Battery Lawyer New Orleans In Louisiana Sexual Battery is the intentional touching of the anus or genitals of another person using any instrumentality or any part of the body of the offender.  This offense also encompasses 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 the offender acts without the con set of the victim or when the act is consensual but the victim is under 15 and is at least 3 years younger than the offender. If the offender is [...]

Human Trafficking Attorney In Louisiana

Questions About Human Trafficking and Sex Trafficking Louisiana What is Human Trafficking? The statute for Human Trafficking in Louisiana may be found at La.R.S. 14:46.2. Contrary to popular belief, under Louisiana law, Human Trafficking is not defined as sex slavery or forced prostitution.  It seems as if, that is how human trafficking is always portrayed in the movies.  In the most basic terms human trafficking in Louisiana is when a person knowingly recruited, harbored, transported, solicited or maintained another person through fraud, deceit or force to provide labor. This also includes people who knowingly benefit and facilitate the trafficking [...]

Intentional Exposure to AIDS Virus — Louisiana

Intentional Exposure to HIV/AIDS Law - New Orleans Attorney In 1987, the Louisiana Legislature passed a bill creating the criminal offense of Intentional Exposure to the Aids Virus also referred to La.R.S. 14:43.5.  Under this law, it is a felony to expose someone to HIV without his or her consent. Statute No person shall intentionally expose another to the human immunodeficiency virus (HIV) through sexual contact without the knowing and lawful consent of the victim, if at the time of the exposure the infected person knew he was HIV positive. No person shall intentionally expose another to HIV through any [...]

Crimes of Violence Against a Victim Sixty-Five Years of Age or Older — Louisiana Law

Criminal Defense Attorney New Orleans   Elizabeth B. Carpenter, Esq. -- Attorney New Orleans   Perpetration of certain crimes of violence against a victim sixty-five years of age or older -- La RS 14:50.2 The court in its discretion may sentence, in addition to any other penalty provided by law, any person who is convicted of a crime of violence or of an attempt to commit any of the crime of violence with the exception of first degree murder, second degree murder, aggravated assault, aggravated rape and aggravated kidnapping, to an additional three years' imprisonment when the victim of such [...]

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