In Louisiana, there are many different types of conduct that may result in a person being charged with a sex crime. If you are charged with a sex crime, your case should be thoroughly investigated for false allegations and violations of your rights.
Statutorily defined sex crimes include first degree rape, second degree rape, third degree rape, sexual battery, second degree sexual battery, oral sexual battery, aggravated crime against nature, molestation of a juvenile, indecent behavior with juveniles, pornography involving juveniles, which may be charged as possession or production, and human trafficking. There many other less serious separately defined and punished felony sex crimes including, but not limited to, bigamy, prostitution, pandering, enticing persons into prostitution, obscenity, obscene devices, voyeurism, and video voyeurism. A few sex crimes are misdemeanors, which do not require registration as a sex offender. For example, there is misdemeanor sexual battery.Sex Crimes Defense Attorney Baton Rouge LA.
The Louisiana Legislature recognized the need to protect our most innocent and defenseless citizens by enacting statutory provisions to protect children, elderly, and the physically impaired from sexual offenders and predators. Sex crimes, particularly those involving a child victim under thirteen years of age, elderly victim, or a victim suffering from a physical disability or impairment are considered very serious crimes under Louisiana criminal law and carry some of the harshest penalties. The penalty for these types of crimes can include imprisonment at hard labor for twenty-five to ninety-nine years without benefit of probation, parole or suspension of sentence for at least twenty-five years.
The heavy punishment imposed on offenders in these crimes is measured directly by the harm they cause to victims, especially child victims. Given the gravity of sexual offenses, it should come as no surprise that a conviction can have lasting consequences that adversely affect a person’s life long after the completion of the sentence imposed by the court. One such consequence is that individuals who plead guilty to, or are convicted of, most felony sex offenses are required to register as a sex offender for fifteen years, twenty five years, and, sometimes, for the rest of their lives. Another consequence is electronic monitoring, which can, in some cases, may be required as a preventative measure, for the rest of the offender’s life. These limitations may apply even if an offense appears less severe than others.
A sex crime charge does not automatically imply guilt. Sex crimes are all too common but, in some cases, so are false allegations of such crimes. Occasionally, false allegations of sexual misconduct are made by one party in contested divorce or child custody situations to discredit the other party or to gain leverage in future court proceedings or settlement discussions. The allegation alone, even an unsupported allegation without any evidence, if left unchallenged, can seriously damage the accused person’s credibility and reputation and elicit a great deal of public interest or publicity. As a result, it is necessary to fight claims in court by exposing the improper motives of the person who stands to benefit from the false allegation and to ensure that any court records are sealed.
Prosecutors in Louisiana must prove beyond a reasonable doubt that a sex offense occurred and that the defendant is the person who committed it. David E. Stanley holds prosecutors to this burden of proof. Therefore, he will take all necessary measures to seek an acquittal if they fail to meet their burden of proof. Sex Crimes Defense Attorney
The law firm of David E. Stanley, APLC is prepared sex crimes defense attorney to take immediate action on sex crime charges leveled against clients. He understands how quickly these matters can snowball and escalate in severity. He will vigorously defend you against any false allegations and fight to protect your legal rights. He also understands the value of tact and discretion. All that being said, if you hire him, you can expect compassion, respect, and protection of your privacy and legal rights.
Sex Crimes, Human Trafficking, And Pornography
Sex Crimes
Any criminal act that involves sexual activity or contact is considered a sex crime. This can include rape, sexual assault, sexual abuse of children, and other forms of sexual violence, non-consensual sex, and, in some situations, even consensual sex. For example, under Louisiana law, the age of consent to sexual intercourse, whether vaginal, oral or anal, is seventeen years of age. This means that a person who is thirteen years of age or older, but less than seventeen years of age, is incapable of giving valid consent to sexual intercourse when the other person is seventeen years of age or older, is not their spouse, and there is a difference in their ages of four years or greater, or if there is an age difference of greater than two years between the two persons. Lack of knowledge of the child’s age is not a defense. The law does not prohibit dating a minor below seventeen years of age provided that there is no contact of a sexual nature and the child’s parent or legal guardian does not object. Minors are still subject to parental authority until they reach eighteen years of age unless emancipated. Sex Crimes Defense Attorney
Rape
In Louisiana, rape is defined as the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person’s lawful consent. To complete the crime of rape, emission is not necessary, and any sexual penetration involving vaginal or anal intercourse, regardless of whether the penetration is with the genitals of the offender or victim or with any instrumentality, and however slight, is sufficient.
There are three classifications of rape. These are: first degree rape, formerly called aggravated rape; second degree rape, formerly called forcible rape; and third degree rape, formerly called simple rape. The elements of each of these offenses are included in the statute defining each offense. A number of factors will determine the degree of the offense. The factors include the lack of consent of the victim; the age of the victim; whether the victim is a person with a disability; whether the victim is incapable of resisting or of understanding the nature of the act by reason of by condition of the mind produced by a narcotic, anesthetic agent, or other controlled dangerous substance administered by the offender without the knowledge of the victim; whether the offender was armed with a dangerous weapon; the offender’s use of force, threats of great and immediate bodily harm, accompanied by apparent power of execution; the number of persons who participated in the rape; whether the victim 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; or the victim submits under the belief that the person committing the act is someone other than the offender who is known to the victim and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender. Where age is a factor, lack of knowledge of the victim’s age is not a viable defense.
First degree rape is punishable by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. A person who commits the crime of second degree rape is facing imprisonment at hard labor for not less than five nor more than forty years, without benefit of probation, parole, or suspension of sentence. Finally, the punishment for a conviction of third degree rape is imprisonment at hard labor for not more than twenty-five years, without benefit of parole, probation, or suspension of sentence. Sex Crimes Defense Attorney
If you have been charged with rape, your defense attorney will need to carefully investigate the facts and consider all of the available defenses. A number of questions will need to be answered. Some of these include the age of each participant, whether sexual intercourse occurred between the victim and the accused, did the offender penetrate the victim vaginally or anally, did the victim give valid consent, does the victim have a disability, was the victim so drunk or intoxicated to preclude valid consent, was the victim drugged prior to the intercourse and, if so, by whom, was the offender armed with a dangerous weapon and did the victim resist and, if so, did offender overcome this resistance by the use of force or threats of immediate bodily harm. Baton Rouge LA Sex Crimes Defense Attorney
Sexual Battery
Sexual battery can occur in a number of different ways including some that are not obvious. A sexual battery occurs when the offender intentionally touches the anus or genitals of the victim using any part of the offender’s body or any instrumentality, directly or through clothing, or the touching by the victim of the anus or genitals of the offender using any part of the victim’s body or any instrumentality, directly or through clothing, when the offender acts without the consent of the victim or other specific circumstances exist. Sexual battery can also occur when the act is consensual but the other person, who is not the spouse of the offender, is below fifteen years of age and at least three years younger than the offender. A sexual battery also occurs when the offender is seventeen years of age or older and the act is without consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist: (a) the victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability, or (b) 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. Finally, a sexual battery occurs when the act is without the consent of the victim, and the victim is sixty-five years of age or older. As with other sex crimes, lack of knowledge of the victim’s age is not a valid defense. But, normal medical treatment or normal sanitary care shall not be construed as sexual battery.
Many times, the critical issue is whether the victim gave valid consent. This sounds simple but sometimes it can be a difficult issue involving a number of factors that need to be considered. However, if the victim is 65 years of age or older, or the offense is found to be without the lawful consent of the victim because the offender is armed with a dangerous weapon, the victim is under 13 years old, or other circumstances are present, then the penalties increase substantially.
Second Degree Sexual Battery
Second degree sexual battery is intentionally engaging in any acts with another person during which the offender intentionally inflicts serious bodily injury on the victim including the offender touching the anus or genitals of the victim using any part of the offender’s body, or any instrumentality, either directly or through clothing. It also occurs when the victim touches the anus or genitals of the offender using any part of the body of the victim, or any instrumentality, either directly or through clothing.
The penalty for second degree battery depends on several important factors. The penalty for second degree sexual battery is imprisonment, with or without hard labor, for not more than fifteen years without benefit of parole, probation, or suspension of sentence. However, if the victim is under the age of thirteen years when the offender is seventeen years of age or older, then the penalty is imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. Further, at least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. If a person who is seventeen years of age or older commits the crime of second degree sexual battery, and (1) the victim is physically incapable of preventing the act due to a physical disability; or (2) 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, or (3) the victim is sixty-five years of age or older, then the punishment is imprisonment at hard labor for not less than twenty-five nor more than ninety-nine years with at least twenty-five years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence Further, once the term of imprisonment imposed has been completed, the offender must be monitored through the use of electronic monitoring equipment for the remainder of his life.
Oral Sexual Battery
Oral sexual battery is the intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, and when the victim uses his or her mouth or tongue to intentionally touch the anus or genitals of the offender and (1) the victim is under fifteen years of age and at least three years younger than the offender; or (2) the offender is seventeen years of age or older and the act is without the consent of the victim and the victim is prevented from resisting the act because (a) the victim is physically incapable of preventing the act due to a physical disability or (b) 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; or (3) the act is without the consent of the victim, and the victim is sixty-five years of age or older. As is true with other sex crimes, lack of knowledge of the victim’s age is not a valid defense. Sex Crimes Defense Attorney
A person convicted of oral sexual battery will be subject to imprisonment, with or without hard labor, for not more than ten years without benefit of parole, probation, or suspension of sentence. If the oral sexual battery is committed on a victim under thirteen years of age when the offender is seventeen years of age or older, the penalty is imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years with at least twenty-five years of the sentence imposed to be served without benefit of parole, probation, or suspension of sentence. If the offender is seventeen years of age or older and the act is without the consent of the victim, and the victim is prevented from resisting the act because the victim is physically incapable of preventing the act due to a physical disability or 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, then the offender will be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years with at least twenty-five years of the sentence imposed to be served without parole, probation, or suspension of sentence. Once the term of imprisonment imposed has been completed, the offender must be monitored through the use of electronic monitoring equipment for the remainder of his life.
Aggravated Crime Against Nature
Aggravated crime against nature occurs when there is unnatural carnal copulation by a human being with another of the same sex or opposite sex, 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 that would constitute any degree of rape. Emission is not necessary. When committed by a person with another, the use of the genital organ of one person of whatever sex is sufficient to constitute the crime. Additionally, the foregoing acts must be committed under any one or more of the following circumstances: Sex Crimes Defense Attorney
1) when the victim resists the act to the utmost, but such resistance is overcome by force; or
2) when the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution; or
3) when the victim is prevented from resisting the act because the offender is armed with a dangerous weapon; or
4) 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; or
5) 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; or
6) when the victim is under the age of seventeen years and the offender is at least three years older than the victim.
A person who commits the crime of aggravated crime against nature by violating this paragraph of the statute will be sentenced to imprisonment at hard labor for not less than three nor more than fifteen years without benefit of suspension of sentence, probation or parole. Sex Crimes Defense Attorney
Aggravated crime against nature also occurs when a person engages in any prohibited act with a person who is under eighteen years of age and who is known to the offender to be related to the offender as a biological, step, or adoptive relative including a child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece. The following are acts prohibited by this paragraph of the statute: (1) 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 or (2) 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. Consent is not a valid defense to prosecution for a violation of this paragraph of the statute.
A person who commits the crime of aggravated crime against nature by violating this paragraph of the statute will be sentenced to pay a fine in 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. However, a person who commits the crime of aggravated crime against nature by violating this paragraph with a victim under thirteen years of age when the offender is seventeen years of age or older will be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years with at least twenty-five years of the sentence imposed to be served without benefit of parole, probation, or suspension of sentence. Upon completing the court ordered term of imprisonment, the offender will be monitored through the use of electronic monitoring equipment for the remainder of his life.
Molestation of a Juvenile or a Person With a Physical or Mental Disability
Molestation of a juvenile occurs when anyone over seventeen years of age commits any lewd or lascivious act upon the person, or in the presence, of any child under seventeen years of age, where there is an age difference between them of greater than two years, with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile. Lack of knowledge of the juvenile’s age is not a valid defense to a charge of molestation of a juvenile. Sex Crimes Defense Attorney
A person who commits the crime of molestation of a juvenile, when the incidents of molestation recur during a period of more than one year, will, on first conviction, be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than five nor more than forty years, or both, with at least five years of the sentence imposed without benefit of parole, probation, or suspension of sentence. After five years of the sentence has been served, the offender, who is otherwise eligible, may be eligible for parole if a licensed psychologist, medical psychologist, or a licensed clinical social worker or a board-certified psychiatrist, after psychological examination, including testing, approves. However, the conditions of parole must include treatment in a qualified sex offender program for a minimum of five years, or until expiration of sentence, whichever happens first. The state is responsible for the cost of testing, but the offender is responsible for paying the cost of the treatment program. It shall also be a condition of parole that the offender be prohibited from being alone with a child without the supervision of another adult.
A person who commits the crime of molestation of a juvenile, when the victim is under thirteen years of age will be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years with at least twenty-five years of the sentence imposed to be served without benefit of probation, parole, or suspension of sentence. Upon completion of the term of imprisonment, the offender will be monitored through the use of electronic monitoring equipment for the remainder of his life.
The penalty for molestation of a juvenile may also depend upon other factors. One such factor is whether the offender is an educator of the juvenile at the time of the offense. “Educator” means a teacher or instructor, administrator, staff person, or employee of any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution, including any teacher aide, paraprofessional, school bus driver, food service worker, and other clerical, custodial, or maintenance personnel employed by a private, city, parish, or other local public school board.
A person who commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older, but has not yet attained seventeen years of age, will be subject to a fine of not more than five thousand dollars, or imprisonment, with or without hard labor, for not less than five nor more than ten years, or both. The defendant will also not be eligible to have his conviction set aside or his prosecution dismissed pursuant to the provisions of Article 893 of the Louisiana Code of Criminal Procedure.
However, a person who commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained seventeen years of age, and when the offender has control or supervision over the juvenile, will be subject to a fine of not more than ten thousand dollars, or imprisonment, with or without hard labor, for not less than five nor more than twenty years, or both. Likewise, the defendant is also not eligible to have his conviction set aside or his prosecution dismissed pursuant to the provisions of Article 893 of the Louisiana Code of Criminal Procedure.
Any person who commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained seventeen years of age, and when the offender is an educator of the juvenile, will be subject to a fine of not more than ten thousand dollars, or imprisonment, with or without hard labor, for not less than five nor more than forty years, or both, with at least five years of the sentence imposed to be served without the benefit of parole, probation, or suspension of sentence. The defendant is not eligible to have his conviction set aside or his prosecution dismissed pursuant to the provisions of Article 893 of the Louisiana Code of Criminal Procedure.
Molestation of a person with a physical or mental disability is the commission by anyone over seventeen years of age of any lewd or lascivious act upon the victim, or in the presence of the victim, with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the victim, when (1) the victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability; or (2) 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; or (3) the victim is sixty-five years of age or older.
Any person who commits the crime of molestation of a person with a physical or mental disability will be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years with at least twenty-five years of the sentence imposed to be served without benefit of probation, parole, or suspension of sentence. Upon completion of the term of imprisonment, the offender will be monitored through the use of electronic monitoring equipment for the remainder of his life.
Carnal Knowledge of a Juvenile
Depending on the circumstances, carnal knowledge of a juvenile may be a felony or a misdemeanor offense. Felony carnal knowledge of a juvenile occurs 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 the difference between their ages is four years or more. For purposes of this statute, “sexual intercourse” means anal, oral, or vaginal sexual intercourse.
Felony carnal knowledge of a juvenile also occurs when a person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or when a person, who has been convicted one or more times of committing crimes for which he or she is required to register as a sex offender, commits a first offense of misdemeanor carnal knowledge of a juvenile.
Lack of knowledge of the juvenile’s age is not a valid defense to felony carnal knowledge of a juvenile. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
Upon conviction, the offender will be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both. Additionally, the defendant is not eligible to have his conviction set aside or his prosecution dismissed pursuant to the provisions of Article 893 of the Louisiana Code of Criminal Procedure.
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 the difference between their ages is greater than two years, but less than four years. Once again, “sexual intercourse” means anal, oral, or vaginal sexual intercourse. Lack of knowledge of the juvenile’s age is not a valid defense to misdemeanor carnal knowledge of a juvenile. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
Upon conviction of the crime of misdemeanor carnal knowledge of a juvenile, the offender will be fined not more than one thousand dollars, or imprisoned for not more than six months, or both. Unlike with felony carnal knowledge of a juvenile, a person who pleads guilty or is convicted of misdemeanor carnal knowledge of a juvenile is eligible to have his conviction set aside and his prosecution dismissed pursuant to Article 894 of the Code of Criminal Procedure. More importantly, the offender will 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.
Human Trafficking
It is unlawful for any person to knowingly recruit, harbor, transport, provide, solicit, receive, isolate, entice, obtain, patronize, procure, purchase, hold, restrain, induce, threaten, subject, or maintain the use of another person through fraud, force, or coercion to provide services or labor.
It is also unlawful for any person to knowingly recruit, harbor, transport, provide, solicit, sell, purchase, patronize, procure, hold, restrain, induce, threaten, subject, receive, isolate, entice, obtain, or maintain the use of a person under twenty-one years of age 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. “Commercial sexual activity” means any sexual act performed or conducted when anything of value has been given, promised, or received by any person, directly or indirectly, including the production of pornography. It is not a valid defense to prosecution that the person did not know the age of the victim or that the victim consented to the prohibited activity.
It is also unlawful for any person to knowingly benefit from any prohibited activity, or to knowingly facilitate any of the prohibited activities 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.
A person who commits the crime of human trafficking will be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not more than ten years. But, a person who 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 will be fined not more than fifteen thousand dollars and shall be imprisoned at hard labor for not more than twenty years.
Further, for a person to knowingly recruit, harbor, transport, provide, solicit, sell, purchase, patronize, procure, hold, restrain, induce, threaten, subject, 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 through fraud, force, or coercion will 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.
Lastly, a person who commits the crime of human trafficking when the trafficking involves a person under eighteen years of age will be fined not more than twenty-five thousand dollars and 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.
Indecent Behavior With Juveniles
Indecent behavior with juveniles occurs when a person commits 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 seventeen years of age, where there is an age difference between them of greater than two years. Lack of knowledge of the child’s age is not a valid 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 seventeen years of age and reasonably believed to be at least two years younger than the offender. It is not a valid defense that the person who actually received the transmission is not under the age of seventeen.
However, these provisions do 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.
An offense committed 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.
A person who commits the crime of indecent behavior with juveniles will be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than seven years, or both. Additionally, the defendant is not eligible to have his conviction set aside or his prosecution dismissed pursuant to the provisions of Article 893 of the Louisiana Code of Criminal Procedure.
A person who commits the crime of indecent behavior with juveniles on a victim under thirteen years of age when the offender is seventeen years of age or older, will 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 must be served without benefit of parole, probation, or suspension of sentence.
Chemical or Physical Castration As An Additional Penalty for Certain Sex Crimes
For certain specified crimes, La. R.S.14:43.6 authorizes the court to order that certain sex offenders be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections. Upon a first conviction of first degree rape, second degree rape, sexual battery when the victim is under thirteen years of age, second degree sexual battery, molestation of a juvenile when the victim is under thirteen years of age, and aggravated crime against nature, the court may sentence the offender to be treated with medroxyprogesterone acetate (MPA). Upon a second or subsequent conviction of first degree rape, second degree rape, sexual battery when the victim is under thirteen years of age, second degree sexual battery, molestation of a juvenile when the victim is under thirteen year of age, and aggravated crime against nature, the court shall sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections. Sex Crimes Defense Attorney
Any order of the court that sentences a defendant to medroxyprogesterone acetate (MPA) treatment shall be contingent upon a determination by a court appointed medical expert that the defendant is an appropriate candidate for treatment. With a limited exception, this determination must be made not later than sixty days from the imposition of sentence. The court order sentencing the defendant to medroxyprogesterone acetate (MPA) treatment must specify the duration of treatment for a specific term of years, or in the discretion of the court, may be for the life-time of the defendant. Sex Crimes Defense Attorney
If the defendant is sentenced to a period of incarceration or confinement in an institution, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant’s release from prison or such institution. If the defendant is sentenced to incarceration or confinement for a period of time that is ten years or more, the commencement of the administration of treatment with medroxyprogesterone acetate (MPA) is contingent upon a medical evaluation to determine whether the defendant is an appropriate candidate for treatment. This evaluation must be conducted not sooner than thirty days prior to the commencement of the administration of the treatment.
If the court sentences the defendant to be treated with medroxyprogesterone acetate (MPA), this treatment may not be imposed instead of, or to reduce, any other penalty prescribed by law. However, in lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration provided the defendant files a written motion with the court stating that he intelligently and knowingly, gives his voluntary consent to physical castration as an alternative to the treatment. Sex Crimes Defense Attorney
It is a crime for a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) to fail to appear as required by the Department of Public Safety and Corrections for purposes of administering the medroxyprogesterone acetate (MPA) or to refuse to allow the administration of medroxyprogesterone acetate (MPA). If convicted, the offender will be imprisoned, with or without hard labor, for not less than three years nor more than five years without benefit of probation, parole, or suspension of sentence. If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA), or whom the court ordered to undergo physical castration, takes any drug or other substance to reverse the effects of the treatment, he will be held in contempt of court.
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Louisiana Basic Registry Requirements
A convicted sexual offender must register with the State Sex Offender & Child Predator Registry. They must also make sure their personal information, including a photograph, is public regardless of whether the violation occurred at Tier 1, Tier 2, or Tier 3 levels. Sex Crimes Defense Attorney
This information typically includes the convicted person’s name, address, place of employment, photograph, and other details about their background. In addition, registered sexual offenders are subject to additional restrictions regarding the internet and limitations on the locations in which they are permitted to reside, travel, and work. They must also provide the police with frequent updates on their whereabouts.
If you are convicted, an experienced criminal defense lawyer like David E. Stanley can work with you to reduce the requirements for sex offender registration. The system may assign a convicted sex crime offender in Louisiana to one of three tiers based on the type and severity of the offense. Sex Crimes Defense Attorney
Tier 1
- Sexual assault committed against an adult victim
- Intentionally exposing another person to the risk of contracting AIDS
- Sexual misconduct committed between a teacher and a student
Tier 2
In comparison to those in Tier 1, those added to the Tier 2 list are viewed as having a moderate risk of repeating an offense or committing similar crimes, which may include the following misconduct:
- Sexual assault on a minor under the age of 18
- Pornography involving minors
- Molesting a minor or a person with a physical or mental disability
In Louisiana, prostitution charges involving a minor under the age of 18 are classified as Tier 2 offenses and may include the following:
- Enticing a minor to engage in prostitution
- Soliciting a prostitute under the age of 18
- Practicing prostitution as a minor under the age of 18
- Promoting prostitution involving minors under the age of 18
- Operating a prostitution establishment with minors under the age of 18
According to state law, individuals classified as Tier 2 must register for 25 years. Once publicly registered, offenders are responsible for maintaining and updating their registration information as it changes, such as during a move or relocation. It is a separate crime to fail to register when required to do so.
Tier 3
In Louisiana, the final level of sexual offense categorization is Tier 3, considered the most serious for offenders. These are the most brutal acts with the highest likelihood of a repeat offense and can include any of the following charges:
- Sexual assault on a child under the age of 13
- Second-degree sexual assault
- Molesting a minor or a person with a physical or mental disability
- Sexual assault on the elderly
In Louisiana, cases of sexual misconduct frequently involve severe sexual assault. Rape charges are classified as Tier 3 due to their serious nature and can vary depending on the degree of harm committed, such as:
- First Degree Rape, formerly aggravated rape
- Second Degree Rape, formerly forcible rape
- Third Degree Rape, formerly simple rape
Individuals convicted of human trafficking and kidnapping offenses can also be in Tier 3, which includes:
- The kidnapping of a minor or a child, whether aggravated or simple
- Kidnapping in the second degree of a person under the age of 18
- Human trafficking or the sexual exploitation of children
- The purchase of commercial sexual activity from people under the age of 18
No matter where they live, defendants found guilty of Tier 3 sexual offenses are required to spend the rest of their life on the public sex offender registry and with lifetime electronic monitoring at their expense. It can be very difficult to live with the vestiges of your conviction of a sex crime especially when trying to find employment and housing.
A Sex Crimes Defense Attorney To Trust
With nearly 40 years of cumulative success, David E. Stanley, APLC has the experience and the expertise to guide you through the process with complete assurance. In addition, he has a long and successful track record of defending his clients’ legal rights.
His goal will be to dismiss, defeat, or reduce your charges. He accomplishes this by conducting a thorough and careful investigation into your case, by taking full advantage of the constitutional and statutory rights you have been granted as a citizen, and by crafting a case strategy designed to neutralize the prosecution’s case, maximize the strengths of your defense, implement an effective winning strategy at trial, and mitigate any sentence that may be imposed.
Defenses for Sexual Crimes
The following are some examples of successful sex crime defenses:
False Allegations
In some cases, an alleged victim will fabricate some or all of their version of events to officers in order to have the other person arrested. Sometimes, the false claims are motivated by a desire to gain an advantage or some other leverage in a pending divorce or child custody matter. Sometimes it is part of a strategy of parental alienation by a parent who has remarried to exclude a former spouse from the children’s lives. When this occurs, David Stanley will be ready to leap into action to expose the truth and find corroborating evidence to support this defense in negotiations with the prosecutor to have your case dismissed, or significantly reduced before trial, and, if necessary, during the trial of your case. Sex Crimes Defense Attorney
Violation of Constitutional Rights
Everyone has a constitutional right against self-incrimination and to the assistance of counsel. Therefore, before any custodial interrogation, an officer must inform a person of their constitutional rights to remain silent, including the right to refuse to answer questions, to counsel of their choice and, if they can not afford to retain counsel, to court appointed counsel. Sometimes, a police officer will fail to inform a suspect of his rights, or fail to respect a suspect’s right to refuse or cut off questioning, or continue questioning after he has invoked his right to counsel. As a result, if the officer fails to respect the suspect’s rights, the subject’s statements may be suppressed and the charges dismissed.
Motions to Quash the Charges
Sometimes, there is a legal defect in the indictment or bill of information which can not be cured by amendment. In other cases there may be a valid impediment that would defeat the charge. For example, if the prosecutor waited too long after the offense was committed to obtain an indictment or to file a bill of information or waited too long after the charges were filed to bring the case to trial. Another example would be if the criminal statute for the offense was unconstitutional. In those instances, and many others, David Stanley will file a motion to quash the charges so that the court can evaluate your claims and, if they are found to have merit, dismiss the charges against you.
Frequently Asked Questions
What Is The Age Of Consent For Sexual Intercourse In Louisiana?
Under Louisiana law, the age of consent to sexual intercourse, whether vaginal, oral or anal, is seventeen years of age. However, other acts of a sexual nature may also result in criminal charges where one of the participants is under seventeen years of age. So, for example, sexual contact with, or the stimulation of, the genitals of one or both persons when one is below the age of consent could also result in criminal charges. This means that a person who is thirteen years of age or older, but less than seventeen years of age, is incapable of giving valid consent to sexual intercourse, or sexual contact, when the other person is seventeen years of age or older, is not their spouse, and there is a difference in their ages of four years or greater, or, in some cases, if there is an age difference of greater than two years between the two persons.
Lack of knowledge of the child’s age is not a defense. The law does not prohibit dating a minor below seventeen years of age provided that there is no contact of a sexual nature involving the child and the child’s parent or legal guardian does not object. Minors are still subject to parental authority until they reach eighteen years of age unless emancipated.
Is the Failure to Register as a Sex Offender a Crime?
Yes. The failure to register and notify as a sex offender or child predator is a separate felony offense under La. R.S. 15:542.1.4. Under that statute, a person who fails to timely register, fails to timely provide any required information, fails to timely and periodically renew and update registration, fails to timely provide proof of residence, fails to timely provide notification of change of address or other registration information, or fails to provide the required community notification, and a person who knowingly provides false information, will, upon first conviction, be fined not more than one thousand dollars and imprisoned with hard labor for not less than two years nor more than ten years without benefit of parole, probation, or suspension of sentence. On a second or subsequent conviction, the person will be fined three thousand dollars and imprisoned with hard labor for not less than five years nor more than twenty years without benefit of parole, probation, or suspension of sentence. Sex Crimes Defense Attorney
Any offender who fails to pay the annual registration fee will be fined not more than five hundred dollars, imprisoned for not more than six months, or both. Sex Crimes Defense Attorney
Ingenious Defense Representation For Sex Crimes, Human Trafficking, And Pornography
If you, or a loved one, have been arrested or charged with rape, sexual battery, or any other sex crime, the prospect of losing your freedom and being required to register as a sex offender represents a huge burden. I understand that you are worried, afraid and embarrassed. But remember, you do not have to go through it alone. Contact David Stanley now and let him be with you every step of the way as he works diligently with you to build a powerful and compelling defense focused on your best interests so that you can resolve this matter and move forward with your life.
A sex crime charge does not automatically imply guilt. While sex crimes are all too common, so are false allegations of such crimes. Such allegations elicit a great deal of public interest. As a result, it is necessary to fight claims in court and ensure that any court records are sealed. Sex Crimes Defense Attorney
David E. Stanley has nearly forty years of successful experience and a thorough understanding of the process of sex crime prosecution. He understands the potential outcomes and works diligently at each stage of the process to expose the truth, seek justice for his clients, and mitigate any possible adverse consequences. Sex Crimes Defense Attorney
Looking for A Sex Crimes Defense Attorney ? David Stanley, APLC is a seasoned and trusted criminal defense attorney who can help and guide you through your legal battle. We serve the following areas:
Criminal Defense Attorney Ascension Parish, LA
Criminal Defense Attorney Baker, LA
Criminal Defense Attorney Baton Rouge, LA
Criminal Defense Attorney Central City, LA
Criminal Defense Attorney East Baton Rouge Parish, LA
Criminal Defense Attorney East Feliciana Parish, LA
Criminal Defense Attorney Greenwell Springs, LA
Criminal Defense Attorney Iberville Parish, LA
Criminal Defense Attorney Lafayette Parish, LA
Criminal Defense Attorney Livingston Parish, LA
Criminal Defense Attorney Pointe Coupee Parish, LA
Criminal Defense Attorney Pride, LA
Criminal Defense Attorney St. Tammany Parish, LA
Criminal Defense Attorney Tangipahoa Parish, LA
Criminal Defense Attorney West Baton Rouge, LA
Criminal Defense Attorney West Feliciana Parish, LA
Criminal Defense Attorney Zachary, LA
David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200