Age of Consent Questions for Louisiana

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Louisiana. Ask your Question

UNDERAGE

:: February 04, 2009 20:11

Is there any crime for a male person the age over 40 to hang out with a 16 year old girl not having any relation but friends...

If there is no sexual contact there is no sexual offense; however, that's not to say there isn't risk for the 40 year old. The parents or legal guardians of the 16 year old should know her whereabouts, the nature of the relationship with the 40 year old and consent to the "hanging out". There is no crime in what you described but certainly there is RISK of misunderstanding and misinterpretation. The legal risk and ramifications would land on the 40 year old.

Louisiana laws for sex between 18 & 14 year old

:: April 21, 2008 19:59

I have a friend who is 18 and he is dating a 14 year old. If they get caught haveing sex what could be the leagal consequences.

If the minor is under 15, it is a felony. See the laws below. See (D.) for fine and punishment.

§80. Felony carnal knowledge of a juvenile

A. Felony carnal knowledge of a juvenile is committed when: (1) A person who is nineteen years of age or older has sexual intercourse, with consent, with a person who is twelve years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender; or (2) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is twelve years of age or older but less than fifteen years of age, when the victim is not the spouse of the offender; or (3) 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. 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. 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.

§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 but less than nineteen years of age has sexual intercourse, with consent, with a person who is fifteen 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. 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.

Mandatory reporting in Louisiana

:: March 11, 2008 20:25

is it mandated by law for medical personnel to report sexual assaults in louisiana

Yes. It is

Professionals Required to Report Citation: Children's Code art. 603(13)
Mandatory reporters include any of the following individuals performing their occupational duties:
  • Health practitioners, including physicians, surgeons, physical therapists, dentists, residents, interns, hospital staff members, podiatrists, chiropractors, licensed nurses, nursing aides, dental hygienists, emergency medical technicians, paramedics, optometrists, medical examiners, or coroners
  • Mental health/social service practitioners including psychiatrists, psychologists, marriage or family counselors, social workers, members of the clergy, aides, or other individuals who provide counseling services to a child or his or her family
  • Members of the clergy, including priests, rabbis, duly ordained clerical deacons or ministers, or Christian Science practitioners
  • Teachers, child care providers, teacher's aides, instructional aides, school principals, school staff members, probation officers, foster home parents, group home or other child care institutional staff members, personnel of residential home facilities, or licensed or unlicensed daycare providers
  • Police officers or law enforcement officials
  • Commercial film and photographic print processors
  • Mediators
  • Parenting coordinators
Reporting by Other Persons Citation: Children's Code art. 609
Any other person who has cause to believe that a child's health is endangered as a result of abuse or neglect may report.
Standards for Making a Report Citation: Children's Code art. 609; 610
A report is required when:
  • A reporter has cause to believe that a child's health is endangered as a result of abuse or neglect.
  • A commercial film or photographic print processor has knowledge of or observe any film, photograph, videotape, negative, or slide depicting a child, whom he or she knows or should know is under age 17, that constitutes child pornography.
Privileged Communications Citation: Children's Code art. 603; 609
A clergy member is not required to report a confidential communication from a person to a member of the clergy who, in the course of the discipline or practice of that church, denomination, or organization, is authorized or accustomed to hearing confidential communications, and under the discipline or tenets of the church, denomination, or organization has a duty to keep such communications confidential. Notwithstanding any claim of privileged communication, any mandatory reporter who has cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect, or that abuse or neglect was a contributing factor in a child's death, shall report.
Inclusion of Reporter's Name in Report Citation: Children's Code art. 610
The report must include the name and address of the reporter.
Disclosure of Reporter Identity Citation: Rev. Stat. § 46:56(8)(b)
The identity of the reporter shall not be released unless a court finds that the reporter knowingly made a false report. Information Source http://www.childwelfare.gov/index.cfm

17 with 25 year old

:: March 10, 2008 01:33

My ex husband moved in with his just now turning 17 year old girlfriend he's 25. We have a 4 year old daughter together who they don't mind taking baths together in front of. I've caught my daughter doing things to herself. I want my daughter out of that home is their anything I can do?

First to address the age of consent in Louisiana; if the girl-friend is seventeen years of age he would not be found in violation of statutory rape laws in Louisiana. Generally, in all divorces that involve children there is a court ordered, or agreed upon, custody arrangement documented and filed with the court. If you feel your child is at risk under the current custody arrangement, there are legal steps you can take to change it.

What is Abuse/Neglect?
The Louisiana Children’s Code provides the following definitions of abuse and neglect: Abuse means any of the following acts which seriously endanger the physical, mental, or emotional health and safety of the child:
  • The infliction, attempted infliction, or as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person.
  • The exploitation or overwork of a child by a parent or any other person.
  • The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent or the caretaker of the child’s sexual involvement with any other person or of the child’s involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this state.
Neglect means the unreasonable refusal or failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for injury, illness, or condition of the child, as a result of which the child’s physical, mental, or emotional health and safety is substantially threatened or impaired. Neglect includes prenatal neglect. It is the unlawful use by a mother during pregnancy of a controlled dangerous substance that results in symptoms of withdrawal in the infant or the presence of a controlled substance in the infant’s body.
How do I file a report for Child Abuse or Neglect?
Child protective services are available 24 hours - 7 days a week through this list of hotline numbers.
Child Custody resources:
You may find the resources helpful at these sites

Statute of Limitations in Louisiana

:: January 10, 2008 22:00

I was 16 at the time and he was 19 and i got pregnant. Can i file for satutory rape after 3 years of occurance?

The best way to answer this question for yourself is to contact the state prosecutors office in your city or county (also known as the District Attorney) tell them the details of your situation and ask the same question.

Criminal Prosecutions
Citation: Code Crim. Proc. Ann. art. (CCRP 571; 572; 573)
  • The statute of limitations for aggravated battery against a victim under 17 years of age will not begin until the victim reaches 17 years of age.
  • There is no statute of limitations for forcible rape.
  • The statute of limitations for any sex offense extends if DNA testing can establish the identity of the suspect, and in that case it extends for a period within 3 years after identification of the suspect.
  • Generally, the following statutes of limitations apply:
    • For a felony necessarily punishable by imprisonment at hard labor, it is a period within 6 years after commission of the offense.
    • For a felony not necessarily punishable by imprisonment at hard labor, it is a period within 4 years after commission of the offense.
    • For a misdemeanor punishable by a fine, imprisonment, or both, it is a period within 2 years after commission of the offense.
Civil Actions
Citation: Rev. Stat. § 9:2800.9; Civ. Code art. 29 The statute of limitations for certain offenses extends for a minor entitled to file a claim for a period of 10 years after he or she reaches 18 years of age. The offenses included are:
  • Sexual abuse of a minor
  • Physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring
Sources Louisiana State Legislature - http://www.legis.state.la.us/ http://www.childwelfare.gov/

what happens to the boy after turning 18

:: July 25, 2007 13:45

My son is 17, will be 18 in Nov and his girlfriend is 15, turn 16 in Oct. They are having sex. My question is can the girls father have my son arrested after he turns 18. Thank you for your time.

The age of consent to have sexual contact in Louisiana is 17. On legal terms, if your son and his girl friend are having sex, he is inviolation of state law and if reported to authorities could be arrested right now even at the age of 17.

§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 but less than nineteen years of age has sexual intercourse, with consent, with a person who is fifteen 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. 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.

WHO HAS THE RIGHT TO CALL THE POLICE?

:: June 16, 2007 12:11

MY BEST FRIEND IS MARRIED INTO THIS FAMILY. THE BROTHER IN LAW HAS A 10 YEAR OLD SON AND A 12 YEAR OLD DAUGHTER. THEY WERE LETTING THE GIRL SLEEP WITH A BOY AGE 17 WHO IS NOW 18 AND THE GIRL -THEY JUST FOUND OUT IS PREGNANT. WHO HAS THE RIGHT TO CALL THE LAW.THE PARENTS ARE ALSO ON DRUGS. WE ARE UP IN ARMS ABOUT WHO NEEDS TO TURN THESE PARENTS IN. THE 10 YEAR OLD IS STUCK IN THE MIDDLE.

Anyone can report suspected child abuse or neglect!
Reporting abuse or neglect can protect a child and get help for a family—it may even save a child's life. If you have knowledge a crime is being committed against a child, contact the police and file a report. Also available: Childhelp is a national organization that provides crisis assistance and other counseling and referral services. The Childhelp National Child Abuse Hotline is staffed 24 hours a day, 7 days a week, with professional crisis counselors who have access to a database of 55,000 emergency, social service, and support resources.
All calls are anonymous. Contact them at 1.800.4.A.CHILD. (1.800.422.4453)
From your description, there is potentially one or more laws being violated in this situation. §81.2. Molestation of a juvenile; §81. Indecent behavior with juveniles; §80.1. ;Misdemeanor carnal knowledge of a juvenile; §92.1. Encouraging or contributing to child delinquency, dependency, or neglect; penalty; suspension of sentence;
Louisiana Law §80. Felony carnal knowledge of a juvenile
A. Felony 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 twelve years of age or older but less than fifteen years of age, when the victim is not the spouse of the offender; 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. 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. Do not hesitate to file a report with police and give as much first hand detail as you can about the child and the environment. Professionals Required to Report Citation: Children's Code art. 603
  • Physicians, surgeons, physical therapists, dentists, residents, interns, hospital staff members, podiatrists, chiropractors, licensed nurses, nursing aides, dental hygienists, emergency medical technicians, paramedics, optometrists, coroners, or medical examiners
  • Psychiatrists, psychologists, marriage or family counselors, or social workers
  • Members of the clergy, including priest, rabbis, deacons or ministers, Christian Science practitioners, or other similar functionary of a religious organization
  • Teachers, childcare providers, school principals, teacher's aides, school staff members, foster home parents, or group home or other childcare institutional staff members, personnel of residential home facilities, daycare providers, or any individuals who provide such services to children
  • Police officers, law enforcement officials, or probation officers
  • Commercial film or photographic print processors
  • Mediators

14 year old

:: September 01, 2004 02:52

My daughter is 14 years old at this time, but at the age of 13 she had a sexual encounter with a high school boy aged 15 or 16, I am unsure at this time. She advised me that she didn't "really" want to do it, but didn't know how to say no. Is there any legal action that can be taken against the boy in this situation?

If the boy is more than three years older than your daughter, he would have committed sexual battery, and prosecution can commence up to 10 years past your daughter's 18th birthday. If he isn't more than three years older, there's not much action you can take. Legally speaking, your daugther was capable of understanding the nature of the act, didn't resist, and wasn't prevented from resisting due to mental incapacity or force, so no laws were broken by the boy.

18 with a 15 year old

:: September 01, 2004 02:51

If a guy is 18 years old, and the girl is between 15 to 17 when they had sex, would the mother be able to prosecute the guy for rape. The girl smokes and has tatoos, which lead the guy to believe she was 18 years old, and he did not know she was under this age when he had sex with her. She consented to the conduct, and does not want to press charges, however, her mother is pressing charges. Is there anything that can be done, now that the daughter is over 18 years of age, and does not want to press charges?

Louisiana law specifically states that lack of knowledge of the person's age is not a defense. Whether or not he will actually be prosecuted for the crimes is up to the police and district attorney in your area, as a crime did occur, you usually don't have much say in whether or not he will be charged, regardless of your present age.