Obscenity – Louisiana

OBSCENITY LAWS - La. R.S. 14:106 If you or a loved one is facing an Obscenity charge, you must contact a criminal defense attorney for a consultation. The crime of obscenity is the intentional: Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive. Even a simple prank of flashing someone could be seen as obscenity to others. Hard core sexual conduct when the judge [...]

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 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 [...]

First Degree Rape / Aggravated 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 [...]

Indecent Behavior with Juveniles – Louisiana

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 OR [...]

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 [...]

2016 Proposed Legislative Changes Sex Offender Registry

  Proposed Louisiana law seeks to further erode privacy of sex-offender registrants   The Louisiana State Senate on May 24 passed House Bill 1146, which aims to give the public access to email addresses and online screen names of registered sex offenders. House members passed it earlier in May. The impetus behind the bill, which won unanimous approval of both chambers with support of Democrats and Republicans alike, is unclear. State Rep. Cameron Henry, R-Metairie, who sponsored the legislation, has told The (Baton Rouge) Advocate that the bill is aimed at helping parents keep their children away from sex offenders [...]

By |2016-06-01T20:08:09+00:00June 1st, 2016|Categories: Legislative News, Sex Crimes|Tags: , |

Unjust Oppression of Sex Offenders on Halloween

  Sex Offenders and Halloween Today is Halloween. This means that law enforcement officials are going to knock on the doors of many known sex offenders to remind them of laws that restrict their freedom today. For example, in Louisiana, registered sex offenders are not allowed to trick or treat, attend parties where children will be present or even decorate their home for Halloween. In other states, these restrictions include no driving after dark, no dressing up or leaving the house between 5 p.m. and 10:00 p.m. Other jurisdictions require registered sex offenders to turn their porch light off and [...]

By |2015-06-12T15:46:32+00:00October 31st, 2014|Categories: Sex Crimes, The Constitution|Tags: |

Unlawful Participation in a Child-Related Business — Louisiana

Sex Crime Defense Attorney New Orleans   Elizabeth B. Carpenter, Esq. -- New Orleans Criminal Defense   If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Contact Elizabeth B. Carpenter Law for a consultation.  Your freedom is important to us!   Unlawful Participation in a Child-Related Business -- La RS 14:91.3 No person convicted of a sex offense as defined in R.S. 15:541, whose offense involved a person under the age of 13 years, shall own, operate, or in any way participate in the governance of those child care facilities or [...]

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