In all states, including Louisiana, the ability to consent to sexual activity with another person depends on both parties agreeing to the activity along with the age of the parties involved. Individuals under the age of 17 are not considered old enough to decide to engage in sexual activities with an adult. While some states have exceptions built into their age of consent laws, Louisiana’s laws prohibit sexual activity with a person 16 years of age or younger, even if both parties are minors.
If you’ve been accused of violating Louisiana’s statutory rape laws, an experienced criminal defense lawyer can help you understand your legal options. Our team at John D. & Eric G. Johnson Law Firm can also provide services designed to help you defend yourself against these charges to avoid a conviction or minimize the consequences of a conviction.
What Are Louisiana’s Age of Consent Laws?
There are several different laws that, if broken, may lead to criminal charges. These include:
- Carnal knowledge of a juvenile: This is the formal name for statutory rape in Louisiana and is covered through La. R.S. 14:80. The charge is typically a misdemeanor and involves a person 17 years or older engaging in sexual activity with a person 13-17 years old.
- Indecent behavior with a juvenile: This charge involves a person 17 years or older committing a lewd and lascivious act on a person under 17. This can include behavior such as sexual touching or displaying pornography to the minor.
- Sexual battery: This charge typically involves lasciviously touching a person who is under the age of 15 and at least three years younger than the defendant.
- First-degree rape: This charge is applied when a person engages in sexual activity with a child under 13.
- Child enticement: This charge involves a person communicating with a person under 17 to arrange or invite the minor to engage in sexual activity with them.
Statutory rape can be charged as a felony or a misdemeanor in Louisiana depending on the circumstances involved. It is important to understand that Louisiana’s laws do not grant exceptions for cases in which the minor was the one who initiated the sexual activity or if there is a romantic relationship between the defendant and the victim.
Potential Consequences of a Statutory Rape Conviction
When there are three years or less between the age of the victim and the defendant and the victim is between 13-16 years old, the charge most commonly given is a misdemeanor. This charge can result in up to $1,000 in fines and up to six months in prison upon conviction.
If the victim is between 13-16 and there are four or more years of difference in the age of the victim and the defendant, the defendant can be charged with a felony. Upon conviction, this charge carries a penalty of up to 10 years in prison with or without hard labor, as well as a fine of up to $5,000.
A felony statutory rape conviction can also lead to the defendant being required to register as a sex offender. When a person joins the sex offender registry, their name, address, age, employer, and photograph are made available to the public. Sex offenders must confirm their registry information each year. Notifications must be provided to the neighborhood where the sex offender lives to ensure that the public is aware of the individual’s status on the registry.
Contact John D. & Eric G. Johnson Law Firm Today
If you’ve been charged with carnal knowledge of a juvenile, regardless of whether your charge is a felony or misdemeanor, working with an experienced criminal defense lawyer is an important part of achieving the best outcome possible. The legal team at John D. & Eric G. Johnson Law Firm may be able to help you create a defense strategy while also ensuring your rights are protected through the investigatory process.
We bring years of experience in Louisiana sex crime cases as well as a deep understanding of the law. For a free consultation with an experienced sex crimes defense attorney, contact us through our online form or by calling (318) 377-1555.
