Carnal knowledge of juveniles is a criminal offense in Louisiana that can be charged as either a felony or misdemeanor. Felony carnal knowledge of a juvenile is committed when (1) a person 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17 years of age, when they are not married and when the difference between their ages is 4 years or greater; or (2) a person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or when a person who has been convicted of a crime for which the offender is required to register as a sex offender and then commits a first offense of misdemeanor carnal knowledge of a juvenile. For purposes of the crime of felony carnal knowledge of a juvenile, “sexual intercourse” means anal, oral, or vaginal sexual intercourse. Lack of knowledge of the juvenile’s age is not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.
Whether or not the two were in a love relationship with plans to be married or go to high school together is irrelevant to the law. In Louisiana, the legal age of consent for sexual activity is 17, which means that anyone under that age cannot lawfully consent to sexual activity. It is the reason you should hire legal counsel and treat a charge of felony carnal knowledge of juveniles very seriously under Louisiana law.
David E. Stanley, APLC, can use his in-depth legal experience to create a customized defense for your case. He is aware of the seriousness of being charged with a sexual offense. David Stanley has represented individuals charged with serious sex crimes in Louisiana and has a proven record of successful outcomes for his clients. Contact him today to discuss your legal options.
What You Need to Know About
Misdemeanor Carnal Knowledge of a
Juvenile in Louisiana
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What Is Misdemeanor Carnal Knowledge of a Juvenile?
The following circumstances constitute the offense of “misdemeanor carnal knowledge of a juvenile,” according to Louisiana’s Revised Statutes, Section 14:80.1:
Misdemeanor carnal knowledge of a juvenile is committed when a person who is 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than seventeen years of age, and who 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 2 years, but less than 4 years.
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What is The Difference Between Misdemeanors and Felony Carnal Knowledge of a Juvenile?
The age difference between the perpetrator and the victim is the primary distinction between misdemeanor and felony “carnal knowledge of a juvenile” charges. It is a misdemeanor if the victim and the perpetrator are two or three years apart in age. Nonetheless, it is a felony if the age gap is four years or more.
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What are the Legal Penalties for Carnal Knowledge of Juvenile Offenses?
R.S. 14:80.1 states in Sections D and E that the penalty for misdemeanor carnal knowledge of a juvenile is a fine of not more than $1,000, or imprisonment for not more than 6 months, or both. However, the offender is eligible to have his conviction set aside and his prosecution dismissed in accordance with the appropriate provisions of the Code of Criminal Procedure. Additionally, 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.
- According to Section D of R.S. 14:80, the penalty for felony carnal knowledge of juveniles is a fine of not more than $5,000, or imprisonment, with or without hard labor, for not more than 10 years, or both. Further, 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.
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What Age Can a Person Consent to Sex in Louisiana?
In Louisiana, lawful consent to sexual activity is restricted to those who are 17 years of age or older. It’s also crucial to remember that any sexual acts—such as sexting, touching, and other non-penetration-related sexual acts—performed on someone younger than this age are illegal, according to La. R.S. 14:81, the state’s regulations on “indecent behavior with juveniles,” it is even illegal to perform sexual acts in front of an underage person, even if the underage person did not engage in the sexual acts.
Frequently Asked Questions
What Is the Statute of Limitations on Carnal Knowledge of a Juvenile in Louisiana?
In Louisiana, the statute of limitations for felony carnal knowledge of a juvenile is thirty years as provided by Louisiana Code of Criminal Procedure Article 571.1. This thirty-year period begins to run when the victim reaches 18 years of age.
For misdemeanor carnal knowledge of a juvenile, Louisiana Code of Criminal Procedure Article 572 provides that, unless the prosecution is instituted within 2 years after the offense has been committed. However, prosecutions for any sex offense may be commenced beyond this time limitation if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile. A prosecution under the exception must be commenced within three years from the date on which the identity of the suspect is established by DNA testing. This exception has retroactive application to crimes committed prior to June 20, 2003.
Should You Work With a Criminal Defense Lawyer in Louisiana?
It is highly recommended that you work with a knowledgeable and experienced criminal defense lawyer if you are charged with carnal knowledge of a juvenile in Louisiana. In most cases, a criminal defense lawyer can help you avoid or lessen penalties by guiding you through every stage of the legal process. In addition to speaking on your behalf, your attorney can gather, evaluate, and introduce favorable evidence on your behalf, prepare and submit pretrial motions on your behalf seeking to quash the charges or suppress the evidence against you, and improve your odds of a successful outcome
You should not attempt to represent yourself in court, especially if you are charged with a felony sex crime. Legal representation from a licensed criminal defense lawyer will assist you in avoiding mistakes that could result the severe and expensive consequences. David E. Stanley, APLC, can assist and defend your rights.
Carnal Knowledge of a
Juvenile Defense Attorney in Baton Rouge, LA
A conviction of carnal knowledge of a juvenile in Louisiana can leave you with a felony criminal record and make it difficult for you to find work or housing in some places. When facing misdemeanor or felony charges for having sex with a minor, you should act quickly to get legal counsel.
David E. Stanley, APLC, brings years of experience and expertise in criminal defense and a thorough understanding of the laws regarding sex crimes in Louisiana. His services are unparalleled because of his meticulous attention to detail and trial preparation, demonstrated by the outcomes he consistently obtains for his clients. Bring your case to David Stanley and let him do the rest. Contact him today to schedule a defense strategy session.
Call David E. Stanley, APLC, at (225) 926-0200 Today
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.