What Are the Different Types of Statutory Rape (AKA Carnal Knowledge of a Juvenile) In Louisiana?
The US state of Louisiana considers statutory rape as a serious criminal offense. It is also called the carnal knowledge of a juvenile. This particular crime happens when a criminal has sexual intercourse with a minor. The age of consent for sexual intercourse in Louisiana is 17. So, anyone under the age of 17 years cannot legally consent to sexual activity.
This blog will guide you with the consequences of the Statutory Rape charges and related stringent laws of Louisiana and how to get out of the same.
Types of Statutory Rape in Louisiana
Statutory rape can be of many types, but the major ones considered in Louisiana are felony carnal knowledge of a juvenile and misdemeanor carnal knowledge of a juvenile.
Felony Carnal Knowledge of a Juvenile
Felony carnal knowledge of a juvenile occurs when any adult has sexual intercourse with a minor around 13 years, and a defendant 17 years older than the minor will be punished more. The crime will be considered a felony if the age gap is more. It comes under Section 14:80 of the Louisiana Revised Statutes.
A felony carnal knowledge of a juvenile leads to penalties that include:
Up to 10 years imprisonment
A fine of up to $5,000
There are a few exceptions associated with this particular regulation. For instance, a prison carnal understanding of a juvenile is not considered if the sufferer is married to the wrongdoer. Additionally, if the offender is within four years of the sufferer's age, it is not taken into consideration the legal carnal know-how of a juvenile.
Misdemeanor Carnal Knowledge of a Juvenile
Misdemeanor carnal knowledge of a juvenile takes place when a person has sexual intercourse with a minor who's at a minimum of thirteen years old and the defendant is 17 years old. Then the crime is a misdemeanor. It comes under Section 14:81 of the Louisiana Revised Statutes.
A misdemeanor carnal knowledge of a juvenile leads to the following penalties:
Up to six months in jail
A fine of up to $1,000
There aren't any exceptions to this regulation. If a person who's 17 years of age or older engages in sexual sex with someone who is between the while of 13 and 17, and the perpetrator is at a minimum 4 years older than the sufferer, it is considered misdemeanor carnal know-how of a juvenile.
Indecent Behavior with a Juvenile
Indecent behavior with a juvenile is punishable, and the prison terms include one year in jail or a maximum of $1,000 as a fine.
This type of statutory rape occurs when a person at least 17 years of age performs a “lewd and lascivious act” upon a minor below the age of 17.
A “lewd and lascivious act” is described as an act that is supposed to fulfill the sexual desire of the offender or the victim.
This can include exposing oneself to the victim; touching the victim's breasts, genitals, or buttocks; or accomplishing anal or oral sex with the victim. However, the crimes are not always limited to these offenses.
Registration as a Sexual Offender
According to Louisiana’s Act no. 413, any individual convicted of non-consensual sexual contact, first-degree rape, and felony carnal knowledge of juveniles must register as a sex offender in the US state. The convicted criminals must provide relevant personal information, including the following:
Home or work address
The convicted individuals must also report to the local law enforcement offices within a certain distance from their home or business, as notified by Louisiana laws.
Defenses to Statutory Rape Charges
The offender could seek defense from the charges of carnal knowledge of a juvenile or oral sex if the minor were the offender’s spouse at the time of the crime.
Louisiana laws do not consider it a statutory rape if the offender was unaware that the minor was underage during sexual intercourse.
The US state also has ‘Romeo and Juliet’ exceptions under which they can protect minors from criminal charges for indulging in consensual sexual intercourse.
It is best to approach a professional sex crimes attorney if you are convicted as a sex offender in Louisiana. The lawyer can help you deal with the case if you are innocent and ensure you get released of all legal issues within a short period.
Contact Us Today
Gaynell Williams LLC, Attorney at Law, provides a no-obligation initial consultation to discuss your situation. The initial consultation might take place in person or virtually via the Internet. Call Gaynell Williams at (504) 302-2462 as soon as possible for a free consultation. We will accommodate your schedule. Gaynell Williams LLC, Attorney at Law in New Orleans, has offices in Gretna and Downtown New Orleans by appointment only.
This information has been provided for informational purposes only, is not intended, and should not be construed as legal advice. Please consult your attorney regarding any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.