In the state of Louisiana, a sexual offender is a person who has been convicted of a sexual crime. Of course, such a conviction is attached to many long-term consequences, such as jail time and a spot on Louisiana’s Sex Offender Registry.
The state of Louisiana has three different tiers used in the classification of sexual offenders. These tiers are based on how severe the crime is and also determine the penalties attached. Let’s take a look at Louisiana’s 3 tiers of sexual offense.
Tier 1
Tier one is the lowest sex offense Tier, and people in this tier are considered at low risk of committing the crime again. According to the Louisiana State Police, offenses under this tier, except those defined in 15:541 as "aggravated offenses" or "sexual offenses against a victim who is a minor," will have a 15-year registration period conducted annually.
Crimes that fall under this tier are:
Stalking of a victim under 18 years of age and the defendant is not the victim's parent as stated in R.S. 14:40.2.
Sexual battery, as stated in R.S. 14:43.1
Intentional exposure to aids, as stated in R.S. 14:43.5
Interference with child custody of a victim under 18 years of age and the defendant is not the parent of the victim as stated in R.S. 14:45.1
False imprisonment of a victim under 18 years of age and the defendant is not the parent of the victim as stated in R.S. 14:46
False imprisonment with a weapon of a victim under 18 years of age as stated in R.S. 14:46.1
Felony carnal knowledge, as stated in R.S. 14:80
Indecent behavior with juveniles, as stated in R.S. 14:81
Prohibited sexual conduct between educator and student as stated in 14:81.4
Crime against nature, as stated in R.S. 14:89
Sexual abuse of an animal (2nd or subsequent conviction only) as stated in 14:89.3
Contributing to the delinquency of juveniles as stated in R.S. 14:92(A)(7)
Obscenity through solicitation of a minor, as stated in R.S. 14:106(A)(5)
Video voyeurism, as stated in R.S. 14:283
Voyeurism, as stated in R.S. 14:283.1
Minors under 16 years of age: prohibited employments or occupations as stated in R.S. 23:251
Tier 2
Offenders placed on the Tier 2 list present a moderate risk of committing the same or similar crimes. These crimes are usually committed against minors and have a 25-year registration period conducted semi-annually.
Crimes that fall under this tier are:
Sexual battery of minor under 18 years of age as stated in R.S. 14:43.1
Oral sexual battery, as stated in R.S. 14:43.3
Pornography involving juveniles, as stated in R.S. 14:78.1
Molestation of a juvenile or a person with a physical or mental disability, as stated in R.S. 14:81.2
Computer-aided solicitation of a minor, as stated in R.S. 14:81.3
Prostitution: persons under 18 years of age as stated in R.S. 14:82.1
Soliciting for prostitutes when the persons being solicited for prostitution are under 18 years of age, as stated in R.S. 14:83
Inciting prostitution when the prostitution involves persons under 18 years of age as stated in R.S. 14:83.1
Promoting prostitution when the prostitution being promoted involves persons under 18 years of age as stated in R.S. 14:83.2
Pandering when the victim is under 18 years of age, as stated in R.S. 14:84(A)(1), (3), (5), and (6)
Enticing a minor into prostitution, as stated in R.S. 14:86
Crimes against nature when the victim is under 18, excluding circumstances(B)(2) or (3) as stated in R.S. 14:89
Aggravated crime against nature under circumstances not defined as an aggravated offense as stated in R.S. 14:89.1(A)(2)
Operation of places of prostitution when the prostitution involves persons under 18 years of age as stated in R.S. 14:282.
Tier 3
This is the highest level of sexual offense in Louisiana and comprises the most serious convictions. They are the most severe, and offenders have a high chance of committing the same or a similar offense again.
Rape charges in Louisiana are included as part of Tier 3 offenses because they are considered serious and constitute severe harm to the victims.
Tier 3 offenders also include people convicted of kidnapping and human trafficking, and all offenders have a lifetime registration period conducted quarterly.
Crimes that fall under this tier are:
First Degree Rape occurring on or after August 1, 2015, as stated in R.S. 14:42
Aggravated Rape occurring before August 1, 2015 (This includes former 14:43.4 Aggravated Oral Sexual Battery prior to August 15, 2001) as stated in R.S. 14:42
Second Degree Rape occurring on or after August 1, 2019, as stated in R.S. 14:42.1
Forcible Rape occurring prior to August 1, 2015, as stated in R.S. as stated in R.S. 14:42.1
Third Degree Rape occurring on or after August 1, 2015, as stated in R.S. 14:43
Simple Rape occurring prior to August 1, 2015, as stated in R.S. 14:43
Sexual battery of a child under 13 years of age as stated in R.S. 14:43.1(C)(2)
Second-degree sexual battery, as stated in R.S. 14:43.2
Aggravated kidnapping of a minor, as stated in R.S. 14:44
Second-degree kidnapping of a minor under 18 years of age, as stated in R.S. 14:44.1
Aggravated kidnapping of a child, as stated in R.S. 14:44.2
Simple kidnapping of a minor under 18 years of age, as stated in R.S. 14:45
Human trafficking, as stated in R.S. 14:46.2(B)(2)
Trafficking of children for sexual purposes, as stated in R.S. 14:46.3
Molestation of a juvenile or a person with a physical or mental disability prosecuted under the provisions of R.S. 14:81.2(C)(1), (D)(1), or (D)(2) as stated in R.S. 14:81.2(D)(1)
Purchase of commercial sexual activity from persons known to be under 18 years of age or Human Trafficking of Children for Sexual Purposes when the victim is under 21 years of age as stated in R.S. 14:82.2 (C)(4)
Purchase of Commercial Sexual Activity from a person known to be under the age of 14 as stated in R.S. 14:82.2 (C)(5)
Crime Against Nature except when the victim is a minor as provided (B)(2) and (3) as stated in R.S. 14:89(B)(2) or (3)
Aggravated Crime Against Nature involving prohibited relative as victim and involving sexual intercourse, second-degree sexual battery, or oral sexual battery OR when the bill of information or indictment specifically alleges victim under age 13 (14:89(C)(2)). as stated in R.S. 14:89.1(A)(1) or (2)
Sexual battery of the infirmed, as stated in R.S. 14:93.5
Legal Assistance
A sexual crime charge is extremely serious, punishable by up to life in prison, depending on what tier it falls under. If you are facing a sexual crime charge, you need to seek the counsel of an experienced criminal defense attorney specializing in sexual crimes.
Contact Us Today
Gaynell Williams LLC, Attorney at Law, offers a free initial consultation to discuss your case. The first consultation can be in person, or it can be virtual on the Internet. Call Gaynell Williams today at (504) 302-2462 for a free consultation as soon as possible. We will work around your schedule. New Orleans lawyers Gaynell Williams LLC Attorney at Law have offices in Gretna and Downtown New Orleans by appointment only.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.