Louisiana Sexual Battery Lawyer

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:

1. The victim does not provide consent for the touching.
2. The victim has not reached fifteen years old and is at least three years younger than the offender.
3. The offender is seventeen or older and any of the following exist:
   1. The act is without consent, and the victim cannot resist because of one of two reasons:
      1. The victim is physically incapable of preventing the act because of a disability.
      2. The victim is mentally incapable of understanding the nature of the act, and the offender knew or should have known of the incapacity.
   2. 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.

Penalties for Sexual Battery

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.

Misdemeanor Sexual Battery

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.