14:81.2 B.(1)Molestation of a juvenile or person with physical or mental disability - penalty for molestation when victim is thirteen years of age or older but has not yet attained the age of seventeen
B.(1) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not less than five nor more than ten years, or both. The defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.
Effective: 08/15/2011 - Present
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14:81.2 B.(2)Molestation of a juvenile or person with physical or mental disability - penalty for molestation of a juvenile when offender has control or supervision over the juvenile
(2) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, and when the offender has control or supervision over the juvenile, shall be fined not more than ten thousand dollars, or imprisoned, with or without hard labor, for not less than five nor more than twenty years, or both. The defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with Code of Criminal Procedure Article 893.
Effective: 08/15/2011 - Present
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14:81.2 B.(3)Molestation of a juvenile or person with physical or mental disability - penalty for molestation of a juvenile when offender is educator of the juvenile
Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, and when the offender is an educator of the juvenile, shall be fined not more than ten thousand dollars, or imprisoned, with or without hard labor, for not less than five nor more than forty years, or both. At least five years of the sentence imposed shall be without the benefit of parole, probation, or suspension of sentence, and the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with Code of Criminal Procedure Article 893. Educator is any teacher, or instructor, administrator, staff person or employee of any school
Effective: 08/15/2011 - Present
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14:81.2 C.Molestation of a juvenile or person with physical or mental disability - first penalty conviction when multiple violations of A(1) recur during a period of more than one year
Whoever commits the crime of molestation of a juvenile by violating the provisions of Paragraph (A)(1) of this Section, when the incidents of molestation recur during a period of more than one year, shall, on first conviction, be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than five nor more than forty years, or both. At least five years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence. After five years of the sentence have been served, the offender, who is otherwise eligible, may be eligible for parole if a licensed psychologist, medical psychologist, or a licensed clinical social worker or a board-certified psychiatrist, after psy
Effective: 08/15/2011 - Present
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14:81.2 D.(1)Molestation of a juvenile or person with physical or mental disability - penalty for molestation of a juvenile when victim is under 13
D.(1) Whoever commits the crime of molestation of a juvenile when the victim is under the age of thirteen years shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.
Effective: 08/15/2011 - Present
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14:81.2 D.(2)Molestation of a juvenile or person with physical or mental disability - penalty for molestation of a person with a physical or mental disability
Whoever commits the crime of molestation of a person with a physical or mental disability shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.
Effective: 08/15/2011 - Present
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14:81.2 D.(3)Molestation of a juvenile or person with physical or mental disability - upon completion of the term, offender shall be monitored electronically
Upon completion of the term of imprisonment imposed in accordance with Paragraphs (1) and (2) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.
Effective: 08/15/2011 - Present
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14:81.2 D.(4)Molestation of a juvenile or person with physical or mental disability - offender shall pay cost of monitoring
Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.
Effective: 08/15/2011 - Present
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14:81.2 D.(5)Molestation of a juvenile or person with physical or mental disability - costs borne by department only if offender can't pay, funds available
The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that, sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.
Effective: 08/15/2011 - Present
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14:81.2 D.(6)Molestation of a juvenile or person with physical or mental disability - DPSC shall develop adopt and promulgate rules for payment of costs
The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.
Effective: 08/15/2011 - Present
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14:81.2 E.Molestation of a juvenile or person with physical or mental disability - property used in the commission of the offense shall be seized and sold
in addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1. The personal property made subject to seizure and sale pursuant to Paragraph (1) of this Subsection may include but shall not be limited to, electronic communication devices, computers, computer-related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Effective: 08/15/2011 - Present
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14:81.3Computer-aided solicitation of a minor
Computer-aided solicitation of a minor
Effective: 08/15/2009 - Present
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14:81.3 A.(1)Computer-aided solicitation of a minor - knowing communication to persuade person to engage in sexual conduct when person is older than 17 and victim is under 17
Computer-aided solicitation of a minor is committed when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen where there is an age difference of greater than two years, or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence as defined in R.S. 14:2(B), or with the intent to engage or participate in sexual conduct in the presence of the person who is not yet 17
Effective: 08/15/2009 - Present
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14:81.3 A.(2)Computer-aided solicitation of a minor - knowing communication to persuade person to arrange for any third party to engage in sexual conduct when person is older than 17 and victim is under 17
(2) It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen where there is an age difference of greater than two years, or a person reasonably believed to have not yet attained the age of seventeen and reasonably believed to be at least two years younger, for the purpose of or with the intent to arrange for any third party to engage in any of the conduct proscribed by the provisions of Paragraph (1) of this Subsection.
Effective: 08/15/2009 - Present
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14:81.3 A.(3)Computer-aided solicitation of a minor - knowing communication through textual communication by a person 17 or older to a person under 17, for the purpose of enciting person to engage in commercial sexual activity
It shall also be a violation of the provisions of this Section when a person seventeen years of age or older knowingly contacts or communicates, through the use of electronic textual communication, with a person who has not yet attained the age of seventeen, or a person reasonably believed to have not yet attained the age of seventeen, for the purpose of recruiting, enticing, or coercing the person to engage in commercial sexual activity.
Effective: 08/01/2014 - Present
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14:81.3 A.(4)Computer-aided solicitation of a minor - knowing communication initially through electronic textual communication and subsequent communication through any other form
It shall also be a violation of the provisions of this Section when the contact or communication is initially made through the use of electronic textual communication and subsequent communication is made through the use of any other form of communication.
Effective: 08/01/2014 - Present
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14:81.3 B.(1)(a)Computer-aided solicitation of a minor - penalty when victim is 13 or older but under 17
Whoever violates the provisions of this Section when the victim is thirteen years of age or more but has not attained the age of seventeen shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than five years nor more than ten years, without benefit of parole, probation, or suspension of sentence.
Effective: 06/25/2008 - Present
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14:81.3 B.(1)(b)Computer-aided solicitation of a minor - penalty when victim is under 13
Whoever violates the provisions of this Section when the victim is under thirteen years of age shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than ten years nor more than twenty years, without benefit of parole, probation, or suspension of sentence.
Effective: 06/25/2008 - Present
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14:81.3 B.(1)(c)Computer-aided solicitation of a minor - penalty when victim reasonably believed to have not yet attained the age of 17
Whoever violates the provisions of this Section, when the victim is a person reasonably believed to have not yet attained the age of seventeen, shall be fined not more than ten thousand dollars and shall be imprisoned at hard labor for not less than two years nor more than ten years, without benefit of parole, probation, or suspension of sentence.
Effective: 06/25/2008 - Present
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14:81.3 B.(1)(d)Computer-aided solicitation of a minor - penalty when solicitation results in actual sexual conduct and the age difference is 5 years or greater
If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is five years or greater, the offender shall be fined not more than ten thousand dollars and shall be imprisoned, with or without hard labor, for not less than seven years nor more than ten years.
Effective: 08/15/2010 - Present
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14:81.3 B.(2)Computer-aided solicitation of a minor - second or subsequent violation penalty
On a subsequent conviction, the offender shall be imprisoned for not less than ten years nor more than twenty years at hard labor without benefit of parole, probation, or suspension of sentence.
Effective: 08/15/2005 - Present
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14:81.3 B.(3)Computer-aided solicitation of a minor - court may also impose restriction on access to the internet
In addition to the penalties imposed in either Paragraph (1) or (2) of this Subsection, the court may impose, as an additional penalty on the violator, the limitation or restriction of access to the Internet when the Internet was used in the commission of the crime.
Effective: 08/15/2008 - Present
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14:81.3 B.(4)Computer-aided solicitation of a minor - personal property used in the offennse shall be seized and sold after conviction
In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney in accordance with R.S. 15:539.1. The personal property made subject to seizure and sale pursuant to Subparagraph (a) of this Paragraph may include, but shall not be limited to, electronic communication devices, computers, computer related equipment, motor vehicles, photographic equipment used to record or create still or moving visual images of the victim that are recorded on paper, film, video tape, disc, or any other type of digital recording media.
Effective: 08/15/2010 - Present
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14:81.3 C.Computer-aided solicitation of a minor - it is not a defense to prosecution if person being solicited is actually law enforcement or that the juvenile consented
It shall not constitute a defense to a prosecution brought pursuant to this Section that the person reasonably believed to be under the age of seventeen is actually a law enforcement officer or peace officer acting in his official capacity. It shall not be a defense to prosecution for a violation of this Section that the juvenile consented to participation in the activity prohibited by this Section.
Effective: 08/01/2012 - Present
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14:81.3 D.Computer-aided solicitation of a minor - definitions
Definitions of 'coerce', 'debt bondage', 'electronic textual communication', 'labor or services', and 'sexual conduct' as used in this Section
Effective: 08/15/2005 - Present
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