No allegation is as damaging to one’s reputation as an alleged sex offense. A conviction carries harsh penalties in addition to being permanently recorded in your criminal history and leaving your name on the sex offender registry for an extended period of time. Lifetime registration may be necessary in certain situations. It often ruins ties with family members and keeps you from being qualified for specific jobs. Quick action is needed to reduce the repercussions of these kinds of accusations. If facing sex crime charges, you need the help of a highly skilled and aggressive Louisiana sex crimes defense attorney immediately to assist in building your defense and to advocate for your future and freedom.
At David E. Stanley, APLC, we’re committed to providing trustworthy legal counsel and assistance in sex crimes cases. As your legal representatives, we will look into every minute element of your particular situation and assist in developing a solid defense to counter the charges you face. Using our extensive knowledge, we will fight to refute the sex crime allegations against you and help pursue the best possible outcome for your situation.
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in Baton Rouge, LA.
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The Three Tiers of Classification for Sex Offenders in Louisiana
A sexual crime allegation may be detrimental to your reputation and job. In the event of a conviction, you will have to provide your details to a public registry so that people you love, future employers, and neighbors may know that you are a sex offender. Going to court for a sexual misconduct charge can be awkward and difficult, even if you are innocent.
The state of Louisiana employs three distinct tiers to categorize sexual offenders. These levels specify the offense’s severity and the corresponding consequences. Here are Louisiana’s three tiers of sexual offense:
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Tier 1 Sex Offenders
Offenders in Tier 1, which is the lowest sex offense tier, are thought to have a low chance of reoffending. Except for offenses classified in 15:541 as “aggravated offenses” or “sexual offenses against a victim who is under 18 years old,” the Louisiana State Police states that all charges falling under this category will undergo an annual 15-year registration period. This category includes the following crimes:
- Following a victim who is younger than eighteen and for whom the defendant is not the victim’s parent as defined by R.S. 14:40.2
- The definition of sexual battery in R.S. 14:43.1, as mentioned in R.S. 14:43
- Intentional exposure to aids, as stated in R.S. 14:43.5
- Interference with child custody of a victim under 18 years of age and the defendant is not the parent of the victim as stated in R.S. 14:45.1
- False imprisonment of a victim under 18 years of age and the defendant is not the parent of the victim as stated in R.S. 14:46
- False imprisonment with a weapon against a victim who is younger than eighteen years of age, as stated in R.S. 14:46.1
- Felony carnal knowledge, as stated in R.S. 14:80
- Indecent behavior with juveniles, as stated in R.S. 14:81
- Minors under 16 years of age: prohibited employments or occupations as stated in R.S. 23:251
- Prohibited sexual conduct between educator and student as stated in 14:81.4
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Tier 2 Sex Offenders
Offenders on the Tier 2 list have a moderate chance of reoffending or committing comparable offenses. These offenses have a 25-year registration term that is conducted semi-annually, and they are typically committed against children. This category includes the following crimes:
- Sexual battery of a man under 18 years of age, as stated in R.S. 14:43.1
- Oral sexual battery, as stated in R.S. 14:43.3
- Pornography involving juveniles, as stated in R.S. 14:78.1
- Molestation of a minor or a person with a physical or mental disability, as stated in R.S. 14:81.2
- Computer-aided solicitation of a minor, as stated in R.S. 14:81.3
- Prostitution: persons under 18 years of age as stated in R.S. 14:82.1
- Soliciting for prostitutes when the persons solicited for prostitution are under 18 years of age, as stated in R.S. 14:83
- Aggravated crime against nature under circumstances not defined as an aggravated offense as stated in R.S. 14:89.1(A)(2)
- Prostitution establishments operating by R.S. 14:282, where prostitution involves individuals under the age of eighteen
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Tier 3 Sex Offenders
This category includes the most severe convictions and is the highest level of sexual offense in Louisiana. They are the harshest, and offenders are reasonably likely to repeat the same or a comparable offense. Since rapes are significant crimes that cause the victims severe damage, they are in Louisiana’s Tier 3 offense classification.
People convicted of kidnapping and human trafficking are also considered Tier 3 offenders. A quarterly lifetime registration process is in place for all offenders. This category includes the following crimes:
- First-degree rape that occurs on or after August 1, 2015, as specified by R.S. 14:42
- Aggravated rape that occurred before August 1, 2015, including before August 15, 2001 (this includes former 14:43.4 Aggravated Oral Sexual Battery), as specified by R.S. 14:42
- According to R.S. 14:42, second-degree rape that happens on or after August 1, 2019.1
- First-degree Third-degree Rape on or after August 1, 2015, as stated in R.S. 14:43
- Simple rape occurring before August 1, 2015, as stated in R.S. 14:43
- Forced rape occurring before August 1, 2015, as stated in R.S. 14:42.1
- Sexual battery of a child under 13 years of age as stated in R.S. 14:43.1(C)(2)
- Second-degree kidnapping of a minor under 18 years of age, as stated in R.S. 14:44.1
- Trafficking of children for sexual purposes, as stated in R.S. 14:46.3
- Molestation of a juvenile or a person with a physical or mental disability prosecuted under the provisions of R.S. 14:81.2(C)(1), (D)(1), or (D)(2) as stated in R.S. 14:81.2(D)(1)
- Purchase of commercial sexual activity from under 18 years of age or Human Trafficking of Children for Sexual Purposes when the victim is under 21 years of age as stated in R.S. 14:82.2 (C)(4)
Regardless of where they reside, defendants found guilty of Tier 3 sexual offenses are to register on the sex offender registry for the rest of their lives. Being reminded of your sexual misconduct conviction all your life can be a stressful situation.
Sex Offender Registration Requirements in Louisiana
Following their release from incarceration, Louisiana’s sex offender registration regulations require offenders to furnish the following information:
- Both name and alias
- Date of birth
- A succinct description of the physical attributes of the sexual offender, such as height, weight, eye and skin color,
- The offender’s residential address (as well as any updated addresses if the criminal ever leaves the jurisdiction)
- The address where the offender is employed
- All online identifiers including online screen name(s), email addresses, etc.
- The time and location of the conviction
- The particular sexual offense perpetrated and any prior criminal record
- Evidence containing DNA, such as saliva, palmprints, and fingerprints.
- Most recent photograph
- Social Security number
- The number on their license plate
- A duplicate of the offender’s driver’s license
- A duplicate of the offender’s passport, immigration documentation, and any further details related to their foreign travel
Within three business days following their release from incarceration, sexual offenders in the state of Louisiana are to submit this information. According to federal legislation, all law enforcement agencies must report any registered sexual offenders in the region to the local social service, volunteer, and public housing authorities, as well as schools.
Penalties for Unregistering as a Sex Offender in Louisiana
In Louisiana, a person convicted of a sexual offense faces lifelong consequences. One of those repercussions is having to register as a sexual offender with the local authorities. However, you might overlook registering when it’s necessary. You risk consequences for not registering as a sex offender, even if you otherwise abide by state and federal rules.
The following penalties apply in Louisiana (under R.S. 15:542.1.4) for failing to register as a sex offender within three business days, failing to register at all, and failing to update registration regularly:
- First offense: a maximum fine of $1,000 and two to ten years in prison with hard work
- Second and subsequent offenses carry a maximum fine of $3,000 and five to twenty years of hard labor in prison.
Frequently Asked Questions
What Are Sex Offender Registry Laws in Louisiana?
Convicted sex offenders in Louisiana must register with the State Sex Offender & Child Predator Registry. After being placed on this registry, their everyday lives will probably be subject to limitations. Whether a sex crime is a tier 1, 2, or 3 offense determines how long a person is listed on the State Sex Offender & Child Predator Registry. Offenders must also divulge to the public sensitive personal information, such as their residence, place of employment, mugshot, phone number, email address, and a thorough physical description, to be listed on Louisiana’s sex offender and child predator register.
How Long Does a Sex Offender Have to Register in Louisiana?
The sex offender must register within three business days of release from prison or three business days of changing addresses. Registration is required for either 15 or 25 years or, in the case of dangerous predators, for life.
What Will Happen to Me if I Get On Louisiana’s Sex Offender Registry?
Louisiana’s State Sex Offender & Child Predator Registry requires registration from convicted sexual offenders. You may encounter several limitations when using this register for your everyday business. More than most other ex-convicts, past sex offenders have difficulty reintegrating into society—from finding a job to having a roof over their heads. Convicted sexual offenders are required by Louisiana’s sex offender and child predator registry to divulge to the public sensitive personal information, such as their residence, place of employment, mugshot, phone number, email address, and a thorough physical description. The offense level—tier I, II, or III—is also in the listing.
How Long Is Sex Offender Registration Required in Louisiana?
Depending on the seriousness of the offense and their criminal history, a registered sex offender may be required to maintain their registration for ten, fifteen, twenty-five, or life. However, a person’s name will live on indefinitely in the national SORNA database even after their sex offender registration expires. Additionally, even if the sex offender is no longer required to be on the active registry, the community will likely always see them as nothing more than sexual offenders.
Baton Rouge Sex Crimes Defense Attorney
Once listed as a sexual offender, the public can access both your personal information and details of the offense. It may harm your social life, where you decide to reside, and your employment prospects for the rest of your life.
The best method to prevent getting added to the sex offender registry in the first place is to hire a Baton Rouge sex crimes defense attorney—David E. Stanley, APLC. He can explain your rights and any relevant legal defenses because he has experience with similar cases. To guarantee a fair trial and lessen your likelihood of being classified as a registered sex offender, he can also represent you in court. Contact David E. Stanley, APLC, today to schedule an appointment.
Call David E. Stanley, APLC, At 225-926-0200
David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.