New Orleans Child Molestation Defense Attorney

If you are charged with molestation of a juvenile in New Orleans, Louisiana, you face several different penalties under Louisiana law. These penalties become worse if the crime occurred multiple times and the victim was 13 years old or younger. Molestation is a felony that requires sex offender registration. A New Orleans sex crimes defense attorney will closely examine the allegations and start charting a defense.

Accusations of molestation are often the result of mandatory reporting laws. Professionals like teachers, social workers, clergy, or medical staff must report suspicions to law enforcement when a child displays symptoms suggesting child sexual abuse. False child molestation reports are common in situations involving custody battles and family disputes.

Elizabeth B. Carpenter is a New Orleans Child Sex Crimes Attorney with the experience and knowledge that you need by your side. She has defended every kind of Louisiana sex crime imaginable. If you or a loved one is being accused of molestation of a juvenile in Louisiana, read our post about Molestation of a Juvenile Laws or contact award-winning attorney, Elizabeth B. Carpenter for a consultation. Contact 504-599-5955

Definition of Child Molestation in Louisiana

Under Louisiana law, molestation of a juvenile is the commission by anyone over the age 17 of any lewd or lascivious act upon the person or in the presence of any child under the age 17. There must be an age difference of greater than 2 years between the two persons. The law requires that the act be committed with the intention of arousing or gratifying the sexual desires of either person, using force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or using influence by virtue of a position of control or supervision over the juvenile. Molestation is a serious sex crime and a conviction can lead to lengthy prison terms as well as registration as a sex offender.

“Lewd” means crude or offensive in a sexual way. “Lascivious” means feeling or revealing an overt and often offensive sexual desire. To be considered lewd and lascivious, an act does not need to involve physical penetration.

Defenses Child Molestation Charges in New Orleans

Legal defenses against this felony sex crime will depend on the circumstances of the case. Possible defenses may include:

Alibi: The accused can prove he was somewhere else and had no access to the minor child on the date of the alleged offense.
No touching: If the accused did not actually touch the alleged victim or vice versa, he cannot be convicted of a crime.
Accidental touching: If the accused touched the child accidentally, it may be a legal defense. To get a conviction, the prosecution must prove the touching was intentionally performed.
No intent to sexually gratify oneself or the alleged victim: If the prosecution is unable to prove that touching was performed to sexually gratify the accused or the alleged victim, a valid defense may exist.
Ulterior motives: If the accuser’s parents are going through a custody battle, and the accuser has been coached.

Penalties Child Molestation Louisiana

Louisiana has a few different penalties for the crime of molestation of a juvenile which are generally based on the victim’s age and the relationship between the victim and the perpetrator.

When the victim is the age of 13 or older, the mandatory minimum sentence is 5 years imprisonment without benefits of probation, suspension of sentence or parole; the maximum can be up to 40 years depending on the details of the case. Accidental touching: If the accused touched the child accidentally, it may be a legal defense. To get a conviction, the prosecution must prove the touching was intentionally performed.

When the victim is under the age of 13, the mandatory minimum sentence is 25 years imprisonment without benefits of probation, suspension of sentence or parole; the maximum can be up to 99 years depending on the details of the case.

Can You Be Convicted of Molestation if the Child Consented?

Yes. The legal age of consent in California is 17. This means that no person under the age of 17 has a legal right to consent to a sexual act. Consent cannot be a valid defense, under Louisiana law a minor child is legally incapable of giving it.

Contact: Louisiana Child Molestation Attorney

A conviction for molestation of a juvenile in Louisiana can have serious, lifelong consequences for you and your loved ones. New Orleans criminal defense attorney Elizabeth B. Carpenter can assist you and your family during this stressful time. Contact our New Orleans office to schedule a consultation.