Allegations of sexual offenses can be damaging to your career and reputation. If convicted, you will be required to submit your information to a public registry where your neighbors, future employers, and loved ones can see your status as a sex offender. Even if you are innocent, going to court for a case of sexual misconduct can be embarrassing and complicated.
There are three different tiers in which sex offenders are classified by the state, depending on the severity of the offense. If you are being accused of sexual misconduct in Louisiana, you should understand your rights and learn how an experienced criminal defense attorney can defend your case in court.
3 Tiers of Classification for Sex Offenders
Tier 1 Sex Offenders
Individuals who are placed in the Tier 1 category are considered to have the lowest risk of a repeat offense. This tier is the lowest level of a sexual offense, and the related crimes vary in classification. Acts of Tier 1 sexual misconduct include but are not limited to:
- Sexual battery
- Voyeurism
- Indecent behavior with juveniles
- Obscenity through solicitation of a minor
- Intentional exposure to HIV
- Stalking of a victim under 18 years of age where the defendant is not the victim’s parent
Anyone registered in Louisiana as a Tier 1 sexual offender for charges other than “aggravated offenses” or “sexual offenses against a victim who is a minor” is subject to a 15-year registration period.
Tier 2 Sex Offenders
Compared to those placed under Tier 1, offenders added to the Tier 2 list are viewed as presenting a moderate risk of repeating an offense or committing similar crimes, which may include the following misconduct:
- Sexual battery of a minor under 18 years of age
- Pornography involving juveniles
- Molestation of a juvenile or a person with a physical or mental disability
In Louisiana, instances of prostitution charges involving a minor who is not yet 18 years old are considered Tier 2 offenses and can include the following acts:
- Enticing a minor into practicing prostitution
- Soliciting a prostitute who is under 18 years of age
- Practicing prostitution as a person under 18 years of age
- Promoting prostitution involving anyone under 18 years of age
- Operating a place of prostitution involving persons under 18 years of age
Per state legislation, individuals placed under the Tier 2 category are subject to registration for 25 years. Once they are publicly registered, it is up to offenders to maintain and update their registration information as it changes, like during a move or relocation.
Tier 3 Sex Offenders
The final level of sexual offense categorization in Louisiana is Tier 3, which is viewed as the most serious of all convictions. These acts, which carry the highest chance of a repeat offense, are considered the most severe and can include any of the following charges:
- Sexual battery of a child under 13 years of age
- Second-degree sexual battery
- Molestation of a juvenile or a person with a physical or mental disability
- Sexual battery of the infirmed
Cases of sexual misconduct in Louisiana frequently involve severe sexual assault. The state’s rape charges are listed under the Tier 3 classification due to their serious nature and can vary depending on the degree of harm committed, such as:
- Forcible rape
- Aggravated rape
- First-degree rape
- Second-degree rape
- Third-degree rape
Individuals convicted of human trafficking and kidnapping are also included beneath the umbrella of Tier 3 charges, which can include:
- Aggravated or simple kidnapping of a minor or a child
- Second-degree kidnapping of a minor under 18 years of age
- Human trafficking or trafficking of children for sexual purposes
- Purchase of commercial sexual activity from persons known to be under 18 years of age
Defendants who are convicted of Tier 3 sexual offense must remain on the public sex offender registry for the rest of their lives, regardless of where they live. It can be a stressful circumstance to spend your life being reminded of your conviction for sexual misconduct.
Work with a Trusted Sexual Offense Attorney in Louisiana
If you have been charged with any level of sexual offense or if you were wrongfully convicted of a sex crime, knowing your rights and building a strong case will be your best chance at getting the justice you deserve. You will need an experienced attorney at your side who can help you obtain the best possible results. At the John D. & Eric G. Johnson Law Firm, LLC, our team of expert attorneys will work with you to develop a winning defense.
When you’re ready to move forward with your case, reach out to us and schedule your free consultation with one of our trusted sexual offense attorneys. You can also contact us online or call 318-377-1555 for more information.