Sex Crimes
§42. First degree rape
A. First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be 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 to the utmost, but whose resistance is overcome by force.
(2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.
(3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
(4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.
(5) When two or more offenders participated in the act.
(6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
B. For purposes of Paragraph (5), "participate" shall mean:
(1) Commit the act of rape.
(2) Physically assist in the commission of such act.
C. For purposes of this Section, the following words have the following meanings:
(1) "Physical infirmity" means a person who is a quadriplegic or paraplegic.
(2) "Mental infirmity" means a person with an intelligence quotient of seventy or lower.
D.(1) Whoever commits the crime of first degree rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
(2) However, if the victim was under the age of thirteen years, as provided by Paragraph (A)(4) of this Section:
(a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of Code of Criminal Procedure Art. 782 relative to cases in which punishment may be capital shall apply.
(b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of Code of Criminal Procedure Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.
E. 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".
Acts 1978, No. 239, §1. Amended by Acts 1981, No. 707, §1; Acts 1984, No. 579, §1; Acts 1993, No. 630, §1; Acts 1995, No. 397, §1; Acts 1997, No. 757, §1; Acts 1997, No. 898, §1; Acts 2001, No. 301, §1; Acts 2003, No. 795, §1; Acts 2006, No. 178, §1; Acts 2015, No. 184, §1; Acts 2015, No. 256, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§42.1. Second degree rape
A. Second degree rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:
(1) When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.
(2) When the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.
B. Whoever commits the crime of second degree rape shall be imprisoned at hard labor for not less than five nor more than forty years. At least two years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.
C. 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".
Acts 1978, No. 239, §1. Acts 1984, No. 569, §1; Acts 1997, No. 862, §1; Acts 2001, No. 301, §1; Acts 2015, No. 184, §1; Acts 2015, No. 256, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§43. Third degree rape
A. Third degree rape is a rape 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:
(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.
(2) When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.
(3) When the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
(4) When the offender acts without the consent of the victim.
B. Whoever commits the crime of third degree rape shall be imprisoned at hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
C. For all purposes, "simple rape" and "third degree rape" mean the offense defined by the provisions of this Section and any reference to the crime of simple rape is the same as a reference to the crime of third degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as "third degree rape".
Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1; Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1; Acts 2015, No. 184, §1; Acts 2015, No. 256, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§80. Felony carnal knowledge of a juvenile
A. Felony carnal knowledge of a juvenile is committed when:
(1) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender and when the difference between the age of the victim and the age of the offender is four years or greater; or
(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 under R.S. 15:542 commits a first offense of misdemeanor carnal knowledge of a juvenile.
B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual intercourse.
C. Lack of knowledge of the juvenile's age shall not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
D.(1) Whoever commits the crime of felony carnal knowledge of a juvenile shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.
(2)(a) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(b) The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Amended by Acts 1977, No. 539, §1; Acts 1978, No. 757, §1; Acts 1990, No. 590, §1; Acts 1995, No. 241, §1; Acts 2001, No. 796, §1; Acts 2006, No. 80, §1; Acts 2008, No. 331, §1; Acts 2010, No. 763, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§43.1. Sexual battery
A. Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or 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, directly or through clothing, when any of the following occur:
(1) The offender acts without the consent of the victim.
(2) The victim has not yet attained fifteen years of age and is at least three years younger than the offender.
(3) The offender is seventeen years of age or older and any of the following exist:
(a) The act is without consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
(i) The victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.
(ii) The victim is incapable, through unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity.
(b) The act is without consent of the victim, and the victim is sixty-five years of age or older.
B. Lack of knowledge of the victim's age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense under the provisions of this Section.
C.(1) Whoever commits the crime of sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten years.
(2) Whoever commits the crime of sexual battery on a victim under the age of thirteen years when the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(3) Whoever commits the crime of sexual battery by violating the provisions of Paragraph (A)(3) of this Section shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(4) Upon completion of the term of imprisonment imposed in accordance with Paragraphs (2) and (3) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.
(5) Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
(6) The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that, sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.
(7) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.
Acts 1978, No. 239, §1. Amended by Acts 1981, No. 624, §1, eff. July 20, 1981; Acts 1984, No. 924, §1; Acts 1991, No. 654, §1; Acts 1995, No. 946, §2; Acts 2003, No. 232, §1; Acts 2006, No. 103, §1; Acts 2008, No. 33, §1; Acts 2011, No. 67, §1; Acts 2015, No. 256, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§43.1.1. Misdemeanor sexual battery
A. Misdemeanor sexual battery is the intentional touching of the breasts or buttocks of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the intentional touching of the breasts or buttocks of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when the offender acts without the consent of the victim.
B. Whoever commits the crime of misdemeanor sexual battery shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
C. The offender shall not be eligible to have his conviction set aside and his prosecution dismissed in accordance with Code of Criminal Procedure Article 894.
D. The offender shall not be subject to any provisions of law that are applicable to sex offenders, including but not limited to any provision that requires the registration of the offender and notice to the public.
Acts 2015, No. 256, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§46.2. Human trafficking
A. It shall be unlawful:
(1)(a) For any person to knowingly recruit, harbor, transport, provide, solicit, receive, isolate, entice, obtain, or maintain the use of another person through fraud, force, or coercion to provide services or labor.
(b) For any person to knowingly recruit, harbor, transport, provide, solicit, sell, purchase, receive, isolate, entice, obtain, or maintain the use of a person under the age of twenty-one years for the purpose of engaging in commercial sexual activity regardless of whether the person was recruited, harbored, transported, provided, solicited, sold, purchased, received, isolated, enticed, obtained, or maintained through fraud, force, or coercion. It shall not be a defense to prosecution for a violation of the provisions of this Subparagraph that the person did not know the age of the victim or that the victim consented to the prohibited activity.
(2) For any person to knowingly benefit from activity prohibited by the provisions of this Section.
(3) For any person to knowingly facilitate any of the activities prohibited by the provisions of this Section by any means, including but not limited to helping, aiding, abetting, or conspiring, regardless of whether a thing of value has been promised to or received by the person.
B.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, whoever commits the crime of human trafficking shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not more than ten years.
(2)(a) Whoever commits the crime of human trafficking when the services include commercial sexual activity or any sexual conduct constituting a crime under the laws of this state shall be fined not more than fifteen thousand dollars and shall be imprisoned at hard labor for not more than twenty years.
(b) Whoever commits the crime of human trafficking in violation of the provisions of Subparagraph (A)(1)(b) of this Section shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years, nor more than fifty years, or both.
(3) Whoever commits the crime of human trafficking when the trafficking involves a person under the age of eighteen shall be fined not more than twenty-five thousand dollars and shall be imprisoned at hard labor for not less than five nor more than twenty-five years, five years of which shall be without the benefit of parole, probation, or suspension of sentence.
(4)(a) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(b) The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
C. For purposes of this Section:
(1) "Commercial sexual activity" means any sexual act performed or conducted when anything of value has been given, promised, or received by any person.
(2) "Debt bondage" means inducing an individual to provide any of the following:
(a) Commercial sexual activity in payment toward or satisfaction of a real or purported debt.
(b) Labor or services in payment toward or satisfaction of a real or purported debt if either of the following occur:
(i) The reasonable value of the labor or services provided is not applied toward the liquidation of the debt.
(ii) The length of the labor or services is not limited and the nature of the labor or services is not defined.
(3) "Fraud, force, or coercion" shall include but not be limited to any of the following:
(a) Causing or threatening to cause serious bodily injury.
(b) Physically restraining or threatening to physically restrain another person.
(c) Abduction or threatened abduction of an individual.
(d) The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual.
(e) The abuse or threatened abuse of law or legal process.
(f) The actual or threatened destruction, concealment, removal, confiscation, or possession of any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person.
(g) Controlling or threatening to control an individual's access to a controlled dangerous substance as set forth in R.S. 40:961 et seq.
(h) The use of an individual's physical or mental impairment, where such impairment has substantial adverse effects on the individual's cognitive or volitional functions.
(i) The use of debt bondage or civil or criminal fraud.
(j) Extortion as defined in R.S. 14:66.
(4) "Labor or services" means activity having an economic value.
D. It shall not be a defense to prosecution for a violation of this Section that the person being recruited, harbored, transported, provided, solicited, received, isolated, enticed, obtained, or maintained is actually a law enforcement officer or peace officer acting within the official scope of his duties.
E. If any Subsection, Paragraph, Subparagraph, Item, sentence, clause, phrase, or word of this Section is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section.
F.(1) A victim of trafficking involving services that include commercial sexual activity or any sexual contact which constitutes a crime pursuant to the laws of this state shall have an affirmative defense to prosecution for any of the following offenses which were committed as a direct result of being trafficked:
(a) R.S. 14:82 (Prostitution).
(b) R.S. 14:83.3 (Prostitution by massage).
(c) R.S. 14:83.4 (Massage; sexual conduct prohibited).
(d) R.S. 14:89 (Crime against nature).
(e) R.S. 14:89.2 (Crime against nature by solicitation).
(2) Any person seeking to raise this affirmative defense shall provide written notice to the state at least forty-five days prior to trial or at an earlier time as otherwise required by the court.
(3) Any person determined to be a victim pursuant to the provisions of this Subsection shall be notified of any treatment or specialized services for sexually exploited persons to the extent that such services are available.
Acts 2005, No. 187, §1; Acts 2010, No. 382, §1; Acts 2010, No. 763, §1; Acts 2011, No. 64, §1; Acts 2012, No. 446, §1; Acts 2014, No. 564, §1; Acts 2016, No. 269, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§46.3. Trafficking of children for sexual purposes
A. It shall be unlawful:
(1) For any person to knowingly recruit, harbor, transport, provide, sell, purchase, receive, isolate, entice, obtain, or maintain the use of a person under the age of eighteen years for the purpose of engaging in commercial sexual activity.
(2) For any person to knowingly benefit from activity prohibited by the provisions of this Section.
(3) For any parent, legal guardian, or person having custody of a person under the age of eighteen years to knowingly permit or consent to such minor entering into any activity prohibited by the provisions of this Section.
(4) For any person to knowingly facilitate any of the activities prohibited by the provisions of this Section by any means, including but not limited to helping, aiding, abetting, or conspiring, regardless of whether a thing of value has been promised to or received by the person.
(5) For any person to knowingly advertise any of the activities prohibited by this Section.
(6) For any person to knowingly sell or offer to sell travel services that include or facilitate any of the activities prohibited by this Section.
B. For purposes of this Section, "commercial sexual activity" means any sexual act performed or conducted when any thing of value has been given, promised, or received by any person.
C.(1) Consent of the minor shall not be a defense to a prosecution pursuant to the provisions of this Section.
(2) Lack of knowledge of the victim's age shall not be a defense to a prosecution pursuant to the provisions of this Section.
(3) It shall not be a defense to prosecution for a violation of this Section that the person being recruited, harbored, transported, provided, sold, purchased, received, isolated, enticed, obtained, or maintained is actually a law enforcement officer or peace officer acting within the official scope of his duties.
D.(1)(a) Whoever violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of this Section shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen, nor more than fifty years, or both.
(b) Whoever violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of this Section when the victim is under the age of fourteen years shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than twenty-five years nor more than fifty years. At least twenty-five years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.
(c) Any person who violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of this Section, who was previously convicted of a sex offense as defined in R.S. 15:541 when the victim of the sex offense was under the age of eighteen years, shall be fined not more than one hundred thousand dollars and shall be imprisoned at hard labor for not less than fifty years or for life. At least fifty years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(2) Whoever violates the provisions of Paragraph (A)(3) of this Section shall be required to serve at least five years of the sentence provided for in Subparagraph (D)(1)(a) of this Section without benefit of probation, parole, or suspension of sentence. Whoever violates the provisions of Paragraph (A)(3) when the victim is under the age of fourteen years shall be required to serve at least ten years of the sentence provided for in Subparagraph (D)(1)(b) of this Section without benefit of probation, parole, or suspension of sentence.
(3)(a) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(b) The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
E. No victim of trafficking as provided by the provisions of this Section shall be prosecuted for unlawful acts committed as a direct result of being trafficked. Any child determined to be a victim pursuant to the provisions of this Subsection shall be eligible for specialized services for sexually exploited children.
F. The provisions of Chapter 1 of Title V of the Louisiana Children's Code regarding the multidisciplinary team approach applicable to children who have been abused or neglected, to the extent practical, shall apply to the children who are victims of the provisions of this Section.
G. If any Subsection, Paragraph, Subparagraph, Item, sentence, clause, phrase, or word of this Section is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section.
Acts 2009, No. 375, §1; Acts 2010, No. 763, §1; Acts 2011, No. 64, §1; Acts 2012, No. 446, §1; Acts 2014, No. 564, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§80.1. Misdemeanor carnal knowledge of a juvenile
A. Misdemeanor carnal knowledge of a juvenile is committed when a person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender, and when the difference between the age of the victim and age of the offender is greater than two years, but less than four years.
B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual intercourse.
C. Lack of knowledge of the juvenile's age shall not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
D. Whoever commits the crime of misdemeanor carnal knowledge of a juvenile shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
E. The offender shall be eligible to have his conviction set aside and his prosecution dismissed in accordance with the appropriate provisions of the Code of Criminal Procedure.
F. The offender shall not be subject to any of the provisions of law which are applicable to sex offenders, including but not limited to the provisions which require registration of the offender and notice to the neighbors of the offender.
Acts 2001, No. 796, §1; Acts 2008, No. 331, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§81.1. Pornography involving juveniles
A.(1) It shall be unlawful for a person to produce, promote, advertise, distribute, possess, or possess with the intent to distribute pornography involving juveniles.
(2) It shall also be a violation of the provision of this Section for a parent, legal guardian, or custodian of a child to consent to the participation of the child in pornography involving juveniles.
B. For purposes of this Section, the following definitions shall apply:
(1) "Access software provider" means a provider of software, including client or server software, or enabling tools that do any one or more of the following:
(a) Filter, screen, allow, or disallow content.
(b) Select, choose, analyze, or digest content.
(c) Transmit, receive, display, forward, cache, search, organize, reorganize, or translate content.
(2) "Cable operator" means any person or group of persons who provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(3) "Coerce" shall include but not be limited to any of the following:
(a) Causing or threatening to cause serious bodily injury.
(b) Physically restraining or threatening to physically restrain another person.
(c) Abduction or threatened abduction of an individual.
(d) The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual.
(e) The abuse or threatened abuse of law or legal process.
(f) The actual or threatened destruction, concealment, removal, confiscation, or possession of any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person.
(g) Controlling or threatening to control an individual's access to a controlled dangerous substance as set forth in R.S. 40:961 et seq.
(h) The use of an individual's physical or mental impairment, where such impairment has substantial adverse effects on the individual's cognitive or volitional functions.
(i) The use of debt bondage or civil or criminal fraud.
(j) Extortion as defined in R.S. 14:66.
(4) "Debt bondage" means inducing an individual to provide any of the following:
(a) Commercial sexual activity in payment toward or satisfaction of a real or purported debt.
(b) Labor or services in payment toward or satisfaction of a real or purported debt if either of the following occur:
(i) The reasonable value of the labor or services provided is not applied toward the liquidation of the debt.
(ii) The length of the labor or services is not limited and the nature of the labor or services is not defined.
(5) "Distribute" means to issue, sell, give, provide, lend, mail, deliver, transfer, transmute, distribute, circulate, or disseminate by any means.
(6) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.
(7) "Labor or services" mean activity having economic value.
(8) "Pornography involving juveniles" is any photograph, videotape, film, or other reproduction, whether electronic or otherwise, of any sexual performance involving a child under the age of seventeen.
(9) "Produce" means to photograph, videotape, film, or otherwise reproduce pornography involving juveniles, or to solicit, promote, or coerce any child for the purpose of pornography involving juveniles.
(10) "Sexual performance" means any performance or part thereof that includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals or anus.
(11) "Telecommunications service" means the offering of telecommunications for a fee directly to the public, regardless of the facilities used.
C.(1) Possession of three or more of the same photographs, images, films, videotapes, or other visual reproductions shall be prima facie evidence of intent to sell or distribute.
(2) Possession of three or more photographs, images, films, videotapes, or other visual reproductions and possession of any type of file sharing technology or software shall be prima facie evidence of intent to sell or distribute.
D.(1) Lack of knowledge of the juvenile's age shall not be a defense.
(2) It shall not be a defense to prosecution for a violation of this Section that the juvenile consented to participation in the activity prohibited by this Section.
E.(1)(a) Whoever intentionally possesses pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.
(b) On a second or subsequent conviction for the intentional possession of pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not more than forty years, without benefit of parole, probation, or suspension of sentence.
(2)(a) Whoever distributes or possesses with the intent to distribute pornography involving juveniles shall be fined not more than fifty thousand dollars and shall be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of parole, probation, or suspension of sentence.
(b) On a second or subsequent conviction for distributing or possessing with the intent to distribute pornography involving juveniles, the offender shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not more than forty years, without benefit of parole, probation, or suspension of sentence.
(3) Any parent, legal guardian, or custodian of a child who consents to the participation of the child in pornography involving juveniles shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than five years or more than twenty years, without benefit of probation, parole, or suspension of sentence.
(4) Whoever engages in the promotion, advertisement, or production of pornography involving juveniles shall be fined not more than fifteen thousand dollars and be imprisoned at hard labor for not less than ten years or more than twenty years, without benefit of probation, parole, or suspension of sentence.
(5)(a) Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraphs (1), (2), or (3) of this Subsection when the victim is under the age of thirteen years and the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than one-half the longest term nor more than twice the longest term of imprisonment provided in Paragraphs (1), (2), and (3) of this Subsection. The sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(b) Whoever commits the crime of pornography involving juveniles punishable by the provisions of Paragraph (4) of this Subsection when the victim is under the age of thirteen years, and the offender is seventeen years of age or older, shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(c) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(d) The personal property made subject to seizure and sale pursuant to Subparagraph (c) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
(e) Upon completion of the term of imprisonment imposed in accordance with Subparagraphs (5)(a) and (5)(b) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.
(f) Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
(g) The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.
(h) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act, that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.
F.(1) Any evidence of pornography involving a child under the age of seventeen shall be contraband. Such contraband shall be seized in accordance with law and shall be disposed of in accordance with R.S. 46:1845.
(2) Upon the filing of any information or indictment by the prosecuting authority for a violation of this Section, the investigating law enforcement agency which seized the photographs, films, videotapes, or other visual reproductions of pornography involving juveniles shall provide copies of those reproductions to the Internet crimes against children division within the attorney general's office.
(3) Upon receipt of the reproductions as provided in Paragraph (2) of this Subsection, the Internet crimes against children division shall:
(a) Provide those visual reproductions to the law enforcement agency representative assigned to the Child Victim Identification Program at the National Center for Missing and Exploited Children.
(b) Request the Child Victim Identification Program provide the law enforcement agency contact information for any visual reproductions recovered which contain an identified victim of pornography involving juveniles as defined in this Section.
(c) Provide case information to the Child Victim Identification Program, as requested by the National Center for Missing and Exploited Children guidelines, in any case where the Internet crimes against children division within the attorney general's office identifies a previously unidentified victim of pornography involving juveniles.
(4) The Internet crimes against children division shall submit to the designated prosecutor the law enforcement agency contact information provided by the Child Victim Identification Program at the National Center for Missing and Exploited Children, for any visual reproductions involved in the case which contain the depiction of an identified victim of pornography involving juveniles as defined in this Section.
(5) In all cases in which the prosecuting authority has filed an indictment or information for a violation of this Section and the victim of pornography involving juveniles has been identified and is a resident of this state, the prosecuting agency shall submit all of the following information to the attorney general for entry into the Louisiana Attorney General's Exploited Children's Identification database maintained by that office:
(a) The parish, district, and docket number of the case.
(b) The name, race, sex, and date of birth of the defendant.
(c) The identity of the victim.
(d) The contact information for the law enforcement agency which identified a victim of pornography involving juveniles, including contact information maintained by the Child Victim Identification Program and provided to the Internet crimes against children division in accordance with this Section.
(6) No sentence, plea, conviction, or other final disposition shall be invalidated due to failure to comply with the provisions of this Subsection, and no person shall have a cause of action against the investigating law enforcement agency or any prosecuting authority, or officer or agent thereof for failure to comply with the provisions of this Subsection.
G. In prosecutions for violations of this Section, the trier of fact may determine, utilizing the following factors, whether or not the person displayed or depicted in any photograph, videotape, film, or other video reproduction introduced in evidence was under the age of seventeen years at the time of filming or recording:
(1) The general body growth, bone structure, and bone development of the person.
(2) The development of pubic or body hair on the person.
(3) The development of the person's sexual organs.
(4) The context in which the person is placed or the age attributed to the person in any accompanying video, printed, or text material.
(5) Available expert testimony and opinion as to the chronological age or degree of physical or mental maturity or development of the person.
(6) Such other information, factors, and evidence available to the trier of fact which the court determines is probative and reasonably reliable.
H. The provisions of this Section shall not apply to a provider of an interactive computer service, provider of a telecommunications service, or a cable operator as defined by the provisions of this Section.
Added by Acts 1977, No. 97, §1. Amended by Acts 1981, No. 502, §1, eff. July 19, 1981, Acts 1983, No. 655, §1; Acts 1986, No. 777, §1; Acts 1992, No. 305, §1; Acts 2003, No. 1245, §1; Acts 2006, No. 103, §1; Acts 2008, No. 33, §1; Acts 2009, No. 382, §2; Acts 2010, No. 516, §1; Acts 2010, No. 763, §1; Acts 2012, No. 446, §1; Acts 2014, No. 564, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§81. Indecent behavior with juveniles
A. 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 seventeen, where there is an age difference of greater than two years between the two persons. Lack of knowledge of the child's age shall not be a defense; or
(2) The transmission, delivery or utterance of any textual, visual, written, or oral communication depicting lewd or lascivious conduct, text, words, or images to any person reasonably believed to be under the age of seventeen and reasonably believed to be at least two years younger than the offender. It shall not be a defense that the person who actually receives the transmission is not under the age of seventeen.
B. The trial judge shall have the authority to issue any necessary orders to protect the safety of the child during the pendency of the criminal action and beyond its conclusion.
C. For purposes of this Section,"textual, visual, written, or oral communication" means any communication of any kind, whether electronic or otherwise, made through the use of the United States mail, any private carrier, personal courier, computer online service, Internet service, local bulletin board service, Internet chat room, electronic mail, online messaging service, or personal delivery or contact.
D. The provisions of this Section shall not apply to the transference of such images by a telephone company, cable television company, or any of its affiliates, free over-the-air television broadcast station, an Internet provider, or commercial on-line service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet, or commercial on-line services.
E. An offense committed under this Section and based upon the transmission and receipt of textual, visual, written, or oral communication may be deemed to have been committed where the communication was originally sent, originally received, or originally viewed by any person.
F. After the institution of prosecution, access to and the disposition of any material seized as evidence of this offense shall be in accordance with R.S. 46:1845.
G. Any evidence resulting from the commission of a crime under this Section shall constitute contraband.
H.(1) Whoever commits the crime of indecent behavior with juveniles shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than seven years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.
(2) Whoever commits the crime of indecent behavior with juveniles on a victim under the age of thirteen when the offender is seventeen years of age or older, shall be punished by imprisonment at hard labor for not less than two nor more than twenty-five years. At least two years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(3)(a) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(b) The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Amended by Acts 1956, No. 450, §1; Acts 1968, No. 647, §1; Acts 1977, No. 537, §1; Acts 1984, No. 423, §1; Acts 1986, No. 406, §1; Acts 1990, No. 590, §1; Acts 1997, No. 743, §1; Acts 2006, No. 103, §1; Acts 2006, No. 224, §1; Acts 2009, No. 198, §1; Acts 2010, No. 763, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§81.1.1. "Sexting"; prohibited acts; penalties
A.(1) No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.
(2) No person under the age of seventeen years shall knowingly possess or transmit an indecent visual depiction that was transmitted by another under the age of seventeen years in violation of the provisions of Paragraph (1) of this Subsection.
B. For purposes of this Section:
(1) "Indecent visual depiction" means any photograph, videotape, film, or other reproduction of a person under the age of seventeen years engaging in sexually explicit conduct, and includes data stored on any computer, telecommunication device, or other electronic storage media which is capable of conversion into a visual image.
(2) "Sexually explicit conduct" means masturbation or lewd exhibition of the genitals, pubic hair, anus, vulva, or female breast nipples of a person under the age of seventeen years.
(3) "Telecommunication device" means an analog or digital electronic device which processes data, telephonic, video, or sound transmission as part of any system involved in the sending or receiving of voice, sound, data, or video transmissions.
(4) "Transmit" means to give, distribute, transfer, transmute, circulate, or disseminate by use of a computer or telecommunication device.
C. Any offense committed by use of a computer or telecommunication device as set forth in this Section shall be deemed to have been committed at either the place from which the indecent visual depiction was transmitted or at the place where the indecent visual depiction was received.
D.(1) For a violation of the provisions of Paragraph (A)(1) of this Section, the offender's disposition shall be governed exclusively by the provisions of Title VII of the Louisiana Children's Code.
(2)(a) For a first offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than one hundred dollars nor more than two hundred fifty dollars, imprisoned for not more than ten days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform two eight-hour days of court-approved community service.
(b) For a second offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than two hundred fifty dollars nor more than five hundred dollars, imprisoned for not less than ten days nor more than thirty days, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform five eight-hour days of court-approved community service.
(c) For a third or any subsequent offense in violation of Paragraph (A)(2) of this Section, the offender shall be fined not less than five hundred dollars nor more than seven hundred fifty dollars, imprisoned for not less than thirty days nor more than six months, or both. Imposition or execution of the sentence shall not be suspended unless the offender is placed on probation with a minimum condition that he perform ten eight-hour days of court-approved community service.
Acts 2010, No. 993, §1; Acts 2014, No. 313, §1, eff. May 28, 2014.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§82. Prostitution; definition; penalties; enhancement
A. Prostitution is:
(1) The practice by a person of indiscriminate sexual intercourse with others for compensation.
(2) The solicitation by one person of another with the intent to engage in indiscriminate sexual intercourse with the latter for compensation.
B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual intercourse.
C.(1) Whoever commits the crime of prostitution shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
(2) On a second conviction, the offender shall be fined not less than two hundred fifty dollars nor more than two thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both.
(3) On a third and subsequent conviction, the offender shall be imprisoned, with or without hard labor, for not less than two nor more than four years and shall be fined not less than five hundred dollars nor more than four thousand dollars.
(4) Whoever commits the crime of prostitution with a person under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
(5) Whoever commits the crime of prostitution with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
D. Any offense under this Section committed more than five years prior to the commission of the offense with which the defendant is charged shall not be considered in the assessment of penalties under this Section.
E. If the offense occurred as a result of a solicitation by the offender while the offender was located on a public road or highway, or the sidewalk, walkway, or public servitude thereof, the court shall sentence the offender to imprisonment for a minimum of ninety days. If a portion of the sentence is suspended, the court may place the offender upon supervised probation if the offender agrees, as a condition of probation, to perform two hundred forty hours of community service work collecting or picking up litter and trash on the public roads, streets, and highways, under conditions specified by the court.
F. All persons who are convicted of the offense of prostitution shall be referred to the parish health unit for counseling concerning Acquired Immune Deficiency Syndrome. The counseling shall be provided by existing staff of the parish health unit whose duties include such counseling.
G.(1) It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E). Any child determined to be a victim pursuant to the provisions of this Paragraph shall be eligible for specialized services for sexually exploited children.
(2) It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant is determined to be a victim of human trafficking pursuant to the provisions of R.S. 14:46.2(F). Any person determined to be a victim pursuant to the provisions of this Paragraph shall be notified of any treatment or specialized services for sexually exploited persons to the extent that such services are available.
Amended by Acts 1977, No. 49, §1; Acts 1987, No. 569, §1; Acts 1988, No. 666, §1; Acts 1999, No. 338, §1; Acts 2001, No. 403, §1, eff. June 15, 2001; Acts 2001, No. 944, §4; Acts 2008, No. 138, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1; Acts 2014, No. 564, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§84. Pandering
A. Pandering is any of the following intentional acts:
(1) Enticing, placing, persuading, encouraging, or causing the entrance of any person into the practice of prostitution, either by force, threats, promises, or by any other device or scheme.
(2) Maintaining a place where prostitution is habitually practiced.
(3) Detaining any person in any place of prostitution by force, threats, promises, or by any other device or scheme.
(4) Receiving or accepting by a person as a substantial part of support or maintenance anything of value which is known to be from the earnings of any person engaged in prostitution.
(5) Consenting, on the part of any parent or tutor of any person, to the person's entrance or detention in the practice of prostitution.
(6) Transporting any person from one place to another for the purpose of promoting the practice of prostitution.
B.(1) Whoever commits the crime of pandering shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than five years, or both.
(2) Whoever commits the crime of pandering involving the prostitution of persons under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
(3) Whoever commits the crime of pandering involving the prostitution of persons under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
(4)(a) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(b) The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include but shall not be limited to electronic communication devices, computers, computer-related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Amended by Acts 1978, No. 219, §1; Acts 1980, No. 708, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1; Acts 2014, No. 564, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§83. Soliciting for prostitutes
A. Soliciting for prostitutes is the soliciting, inviting, inducing, directing, or transporting a person to any place with the intention of promoting prostitution.
B.(1) Whoever commits the crime of soliciting for prostitutes shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
(2) Whoever commits the crime of soliciting for prostitutes when the person being solicited is under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
(3) Whoever commits the crime of soliciting for prostitutes when the person being solicited is under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
(4)(a) In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1.
(b) The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include but shall not be limited to electronic communication devices, computers, computer-related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Amended by Acts 1980, No. 708, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1; Acts 2014, No. 564, §1.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§89. Crime against nature
A. Crime against nature is either of the following:
(1) The unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 42, 42.1 or 43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.
(2) The marriage to, or sexual intercourse with, any ascendant or descendant, brother or sister, uncle or niece, aunt or nephew, with knowledge of their relationship. The relationship must be by consanguinity, but it is immaterial whether the parties to the act are related to one another by the whole or half blood. The provisions of this Paragraph shall not apply where one person, not a resident of this state at the time of the celebration of his marriage, contracted a marriage lawful at the place of celebration and thereafter removed to this state.
B.(1) Whoever commits the offense of crime against nature as defined by Paragraph (A)(1) of this Section shall be fined not more than two thousand dollars, imprisoned, with or without hard labor, for not more than five years, or both.
(2) Whoever commits the offense of crime against nature as defined by Paragraph (A)(1) of this Section with a person under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
(3) Whoever commits the offense of crime against nature as defined by Paragraph (A)(1) of this Section with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
(4) Whoever commits the offense of crime against nature as defined by Paragraph (A)(2) of this Section, where the crime is between an ascendant and descendant, or between brother and sister, shall be imprisoned at hard labor for not more than fifteen years.
(5) Whoever commits the offense of crime against nature as defined by Paragraph (A)(2) of this Section, where the crime is between uncle and niece, or aunt and nephew, shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
C.(1) It shall be an affirmative defense to prosecution for a violation of Paragraph (A)(1) of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E). Any child determined to be a victim pursuant to the provisions of this Paragraph shall be eligible for specialized services for sexually exploited children.
(2) It shall be an affirmative defense to prosecution for a violation of Paragraph (A)(1) of this Section that, during the time of the alleged commission of the offense, the defendant is determined to be a victim of human trafficking pursuant to the provisions of R.S. 14:46.2(F). Any person determined to be a victim pursuant to the provisions of this Paragraph shall be notified of any treatment or specialized services for sexually exploited persons to the extent that such services are available.
D. The provisions of Act No. 177 of the 2014 Regular Session and the provisions of the Act that originated as Senate Bill No. 333 of the 2014 Regular Session incorporate the elements of the crimes of incest (R.S. 14:78) and aggravated incest (R.S. 14:78.1), as they existed prior to their repeal by these Acts, into the provisions of the crimes of crime against nature (R.S. 14:89) and aggravated crime against nature (R.S. 14:89.1), respectively. For purposes of the provisions amended by Act No. 177 of the 2014 Regular Session and the Act that originated as Senate Bill No. 333 of the 2014 Regular Session, a conviction for a violation of R.S. 14:89(A)(2) shall be the same as a conviction for the crime of incest (R.S. 14:78) and a conviction for a violation of R.S. 14:89.1(A)(2) shall be the same as a conviction for the crime of aggravated incest (R.S. 14:78.1). Neither Act shall be construed to alleviate any person convicted or adjudicated delinquent of incest (R.S. 14:78) or aggravated incest (R.S. 14:78.1) from any requirement, obligation, or consequence imposed by law resulting from that conviction or adjudication including but not limited to any requirements regarding sex offender registration and notification, parental rights, probation, parole, sentencing, or any other requirement, obligation, or consequence imposed by law resulting from that conviction or adjudication.
Amended by Acts 1975, No. 612, §1; Acts 1982, No. 703, §1; Acts 2010, No. 882, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1; Acts 2014, No. 177, §1; Acts 2014, No. 564, §1; Acts 2014, No. 599, §1, eff. June 12, 2014, Acts 2014, No. 602, §4, eff. June 12, 2014.When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.
Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
§89.1. Aggravated crime against nature
A. Aggravated crime against nature is either of the following:
(1) An act as defined by R.S. 14:89(A)(1) committed under any one or more of the following circumstances:
(a) When the victim resists the act to the utmost, but such resistance is overcome by force.
(b) When the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution.
(c) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
(d) When as a result of an intellectual or mental disability, or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known of such incapacity.
(e) When the victim is incapable of resisting or of understanding the nature of the act, by reason of stupor or abnormal condition of mind produced by a narcotic or anesthetic agent, administered by or with the privity of the offender; or when he has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of such incapacity.
(f) When the victim is under the age of seventeen years and the offender is at least three years older than the victim.
(2)(a) The engaging in any prohibited act enumerated in Subparagraph (b) of this Paragraph with a person who is under eighteen years of age and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece.
(b) The following are prohibited acts under this Paragraph:
(i) Sexual intercourse, sexual battery, second degree sexual battery, carnal knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles, molestation of a juvenile or a person with a physical or mental disability, crime against nature, cruelty to juveniles, parent enticing a child into prostitution, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
(ii) Any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child, the offender, or both.
(c) Consent shall not be a defense to prosecution for a violation of the provisions of this Paragraph.
B. Whoever commits the crime of aggravated crime against nature as defined by Paragraph (A)(1) of this Section shall be imprisoned at hard labor for not less than three nor more than fifteen years, such prison sentence to be without benefit of suspension of sentence, probation or parole.
C.(1) Whoever commits the crime of aggravated crime against nature as defined by Paragraph (A)(2) of this Section shall be fined an amount not to exceed fifty thousand dollars, or imprisoned, with or without hard labor, for a term not less than five years nor more than twenty years, or both.
(2) Whoever commits the crime of aggravated crime against nature as defined by Paragraph (A)(2) of this Section with a victim under the age of thirteen years when the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
(3) Upon completion of the term of imprisonment imposed in accordance with Paragraph (2) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.
(4) Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
(5) The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to, the degree that sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.
(6) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.
D.(1) In addition to any sentence imposed under Subsection C of this Section, the court shall, after determining the financial resources and future ability of the offender to pay, require the offender, if able, to pay the victim's reasonable costs of counseling that result from the offense.
(2) The amount, method, and time of payment shall be determined by the court either by ordering that documentation of the offender's financial resources and future ability to pay restitution and of the victim's pecuniary loss submitted by the victim be included in the presentence investigation and report, or the court may receive evidence of the offender's ability to pay and the victim's loss at the time of sentencing.
(3) The court may provide for payment to a victim up to but not in excess of the pecuniary loss caused by the offense. The offender may assert any defense that he could raise in a civil action for the loss sought to be compensated by the restitution order.
E. The provisions of Act No. 177 of the 2014 Regular Session and the provisions of the Act that originated as Senate Bill No. 333 of the 2014 Regular Session incorporate the elements of the crimes of incest (R.S. 14:78) and aggravated incest (R.S. 14:78.1), as they existed prior to their repeal by these Acts, into the provisions of the crimes of crime against nature (R.S. 14:89) and aggravated crime against nature (R.S. 14:89.1), respectively. For purposes of the provisions amended by Act No. 177 of the 2014 Regular Session and the Act that originated as Senate Bill No. 333 of the 2014 Regular Session, a conviction for a violation of R.S. 14:89(A)(2) shall be the same as a conviction for the crime of incest (R.S. 14:78) and a conviction for a violation of R.S. 14:89.1(A)(2) shall be the same as a conviction for the crime of aggravated incest (R.S. 14:78.1). Neither Act shall be construed to alleviate any person convicted or adjudicated delinquent of incest (R.S. 14:78) or aggravated incest (R.S. 14:78.1) from any requirement, obligation, or consequence imposed by law resulting from that conviction or adjudication including but not limited to any requirements regarding sex offender registration and notification, parental rights, probation, parole, sentencing, or any other requirement, obligation, or consequence imposed by law resulting from that conviction or adjudication.
Added by Acts 1962, No. 60, §1. Amended by Acts 1979, No. 125, §1; Acts 1984, No. 683, §1; Acts 2014, No. 177, §1; Acts 2014, No. 599, §1, eff. June 12, 2014; Acts 2014, No. 602, §4, eff. June 12, 2014; Acts 2014, No. 811, §6, eff. June 23, 2014.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!
Lorem ipsum dolor sit amet, sapien platea morbi dolor lacus nunc, nunc ullamcorper. Felis aliquet egestas vitae, nibh ante quis quis dolor sed mauris. Erat lectus sem ut lobortis, adipiscing ligula eleifend, sodales fringilla mattis dui nullam. Ac massa aliquet.
When should you hire a criminal defense attorney?
Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.
If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.
Hire a New Orleans Criminal Defense Attorney Today!!!