Louisiana Criminal Defense Lawyer

Sex Offenses

A Sex Offense accusation and arrest is an extremely serious legal problem that can affect the course of your entire life. There are many sex offenses in the state of Louisiana for which one must register as a sex offender with the state if convicted.

Charged with a crime in Louisiana? Please call (800) 950-2217.

The most serious sex offense charges are those against minors. This is defined as when a sex offense is committed against a victim under the age of eighteen and the person is not the victim’s parent.

But any criminal sex offense is a serious legal issue requiring careful analysis of the situation by an experienced defense attorney. You are innocent until proven guilty, and deserve a proper legal defense under the law.

Louisiana Sex Offense Crime Laws and Penalties

Tier I Sex Offenses

  • Simple rape
  • sexual battery of a victim eighteen years of age or older
  • intentional exposure to AIDS
  • interference with child in custody by someone other than the parent
  • false imprisonment of a child who is under the age of eighteen by someone other than the parent
  • false imprisonment of a child under the age of eighteen with a weapon
  • incest, including felony carnal knowledge
  • indecent behavior with juveniles
  • voyeurism, video voyeurism
  • crimes against nature
  • prohibited sexual conduct between a student and an educator
  • obscenity through the solicitation of a minor
  • contributing to the delinquency of juveniles
  • prohibited employments of minors under the age of eighteen

Tier II Sex Offenses

  • aggravated incest
  • human trafficking
  • sexual battery of a minor under the age of eighteen, including oral sexual battery
  • molestation of a juvenile
  • possession, production, and/or distribution of child pornography, including computer aided solicitation, or “Sexting”
  • prostitution of people under the age of seventeen, including enticing a minor into prostitution, or pandering when the victim is under the age of eighteen years.

Tier III Sex Offenses

  • aggravated rape, forcible rape, simple rape
  • sexual battery of a child who is under the age of thirteen
  • second degree sexual battery
  • aggravated kidnapping of a child
  • aggravated kidnapping of a minor
  • second degree kidnapping of a minor who is under the age of eighteen
  • simple kidnapping of a minor under the age of eighteen
  • molestation of a juvenile who is under the age of thirteen years
  • aggravated crimes against nature
  • sexual battery of the infirmed
  • aggravated incest involving sexual intercourse
  • second degree sexual battery, including oral sexual battery

Sexual battery is a sex crime which is not covered by the existing rape statutes. This includes unlawful sexual contact and is constituted by sexual touching, or sexual penetration, without the consent of the other person. The touching of the other person must be for the purpose of sexual gratification. Unlike a rape charge, sexual battery does not require penetration.

The statute also includes consensual sexual acts where the other person is under the age of fifteen and three years younger than the offender. The actions include the touching of the genitals and/or the anus of the victim with any part of the body of the offender.

It also includes touching the genitals and/or the anus using any part of the victim’s body, instrumentality, or any other aggravated sexual battery, or second degree sexual battery, where serious bodily harm was done to the victim.

Attempted sexual battery can take place when prosecutors are able to prove that the intent was to place the victim in danger of sexual battery. Examples of this would include locking the victim in a bedroom or drugging the victim, both with the intent of sexual contact.

The penalties for sexual offenses are dependent upon the circumstances of the case and the charges.

For sexual battery, the offender can face imprisonment with hard labor, or without hard labor, for no more than 10 years, and this sentencing does not include the benefit of probation, parole, or a suspension of the sentence.

For second degree sexual battery or aggravated sexual battery, the sentencing includes imprisonment for no more than 15 years with hard labor, or without, and it also lacks the option for probation, parole, or a suspension of the sentence.

Louisiana Sexting & Child Pornography Laws

Louisiana still prosecutes consensual sexting among teens extremely aggressively.

A 17 year old receiving a sexually explicit text image from his 16 year old girlfriend will be charged as an adult with felony child pornography, even if thit is clearly not exploitation in the way most people imagine a child porn case.

And teens under 17 will still be charged under the state’s sexting laws which refer the minor to juvenile court. Penalties for minors usually include counseling, fines, and community service.

Get Help with a Louisiana Sex Offense Charge

With the help of a lawyer, defenses for sexual battery can include:

  • False allegations or credibility issues, when the partner is angry and there are issues regarding “he said/she said”.
  • Improper police procedure, including improper handling of evidence and illegal questioning.
  • Insufficient evidence of the incident, such as a lack of eyewitnesses, or a lack of physical evidence.
  • Consent can be another element of your defense, but this is not applicable if the victim was unable to consent, or the victim was a minor.

Should you be charged with sex offenses, it is imperative that you speak with an attorney immediately to ensure that you can get the best results, with the most well-prepared defense. If possible, charges can be lessened to misdemeanor offenses rather than felonies. If you are convicted of a felony, then a defense attorney can work with the judge and prosecution to reduce the sentence, or work out options for parole.