Second Degree 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 [...]

First Degree Rape Laws — Louisiana

First Degree Rape -- 14:42 La R.S. During the 2015 legislative session, Louisiana lawmakers changed the term for this statute from Aggravated Rape t0 First Degree Rape. For all purposes, “aggravated rape” and “first degree rape” mean the offense defined by the provisions of this Section and any reference to the crime of aggravated rape is the same as a reference to the crime of first degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as “first degree rape”. First degree rape is a rape [...]

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 [...]

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: , |

Carnal Knowledge of a Juvenile — Louisiana

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 [...]

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 [...]

Unlawful Presence of a Sexually Violent Predator — Louisiana

  Unlawful Presence of a Sexually Violent Predator Law Unlawful presence of a sexually violent predator is any of the following: The physical presence of a sexually violent predator on the school property of any public or private, elementary or secondary school, or in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle. The physical residing of a sexually violent predator within one [...]

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. [...]

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 [...]

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