Louisiana Sexual Battery Defense Lawyer

Louisiana Sexual Battery Lawyer

Sexual battery is a serious sex crime in Louisiana involving intentional, unconsented touching of an intimate part of another person for sexual gratification or abuse. Unlike rape, sexual battery charges do not require penetration but still carry severe criminal penalties including imprisonment and mandatory sex offender registration.

If you face sexual battery charges in Shreveport, Bossier City, Monroe, Ruston, and Minden, the criminal defense team at the John D. & Eric G. Johnson Law Firm can provide experienced legal representation. Lengthy prison sentences and sex offender registration are characteristic penalties of a sex crime conviction. Fight the charges against you with the help of a dedicated Louisiana sexual battery defense lawyer. Our firm handles all types of sex offense cases throughout north Louisiana.

Sexual Battery Resources

• Penalties for Sexual Battery
• Misdemeanor Sexual Battery
• Second Degree Sexual Battery Charges
• Oral Sexual Battery

What Are Sexual Battery Charges in Louisiana?

Sexual battery, described in RS 14:43.1, takes place when the offender touches the anus or genitals of his or her victim with his or her own body parts or an instrument, or when the offender forces the victim to touch the offender’s anus or genitals with the victim’s body parts or an instrument. The battery can take place directly or through clothing. Additionally, sexual battery occurs when:

• The victim does not provide consent for the touching.
• The victim has not reached fifteen years old and is at least three years younger than the offender.
• The offender is seventeen or older and any of the following exist:
  • The act is without consent, and the victim cannot resist because of one of two reasons:
    • The victim is physically incapable of preventing the act because of a disability.
    • The victim is mentally incapable of understanding the nature of the act, and the offender knew or should have known of the incapacity.
  • The act is without the victim’s consent and the victim is 65 years old or older.

Not knowing the victim’s age does not work as a qualified defense; however, medical professionals providing normal treatment or sanitary care shall not be construed as offenders under the provisions of this law. Working with a qualified Louisiana sexual battery defense lawyer like Eric Johnson of The John D. & Eric G. Johnson Law Firm may help you avoid the harshest penalties.

What Are the Penalties for Sexual Battery in Louisiana?

One who is convicted of sexual battery shall be imprisoned with or without hard labor and without the benefit of parole, probation, or a suspended sentence for no more than ten years.

If the offense occurred on a victim under 13 by an offender of 17 or older, the offender shall be sentenced to imprisonment at hard labor for 25-99 years. A minimum of 25 years shall be served without the benefit of parole, probation, or a suspended sentence.

Upon the offenders completion of the sentence, he or she may also be monitored by the Department of Public Safety and Corrections via electronic monitoring equipment for the remainder of his or her natural life at his or her expense.

What Is Misdemeanor Sexual Battery in Louisiana?

Misdemeanor sexual battery involves the intentional touching of the breasts or buttocks of the victim by the offender, directly or through clothing, or the intentional touching of the breasts or buttocks of the offender by the victim against the victim without the victim’s consent.

A conviction for misdemeanor sexual battery can lead to a fine of not more than $1,000, imprisonment for not more than 6 months, or both. The offender will not be required to register as a sex offender.

What Are Second Degree Sexual Battery Charges in Louisiana?

Second degree sexual battery involves the same criminal acts as sexual battery, with aggravated circumstances. The offender must intentionally inflict serious bodily harm onto the victim. “Serious bodily injury” includes:

• Unconsciousness
• Extreme physical pain
• Protracted and obvious disfigurement
• Protracted loss or impairment of the function of a bodily member, organ, or mental faculty
• A substantial risk of death

Penalties include imprisonment of no more than fifteen years without parole, probation, or the suspension of a sentence. An offender faces imprisonment at hard labor for 25-99 years when the victim is under 13 and the offender is 17 or older.

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What Is Oral Sexual Battery in Louisiana?

Oral sexual battery is the same as sexual battery with the exception of the tool used to touch the anus or genitals. Oral sexual battery specifically involves the intentional touching of the anus or genitals of the victim or the offender by the offender’s or the victim’s mouth or tongue. The penalties are equal to those for sexual battery.

Talk to a Louisiana Sexual Battery Defense Lawyer for Free

Charges for a sexual offense can completely thwart your future, even if you are never convicted of a crime. Those who are convicted wind up on the sex offender registry. Take responsibility for your case by calling Eric Johnson of The John D. & Eric G. Johnson Law Firm.

With decades of experience developing his knowledge and skills as a criminal defense lawyer in Louisiana, Eric can help you maintain your reputation and protect your future. Find out how he can be an asset to your sex crime defense by contacting us online or calling 318-480-7694 for a free consultation.