14:46.3Trafficking of children for sexual purposes
Trafficking of children for sexual purposes
Effective: 08/01/2014 - Present
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14:46.3 A.(1)Trafficking of children for sexual purposes - unlawful to recruit, harbor, transport, provide, person under 18 for commercial sexual activity
It shall be unlawful for any person to knowingly recruit, harbor, transport, provide, sell, purchase, receive, isolate, entice, obtain, or maintain the use of a person under the age of eighteen years for the purpose of engaging in commercial sexual activity.
Effective: 08/01/2014 - Present
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14:46.3 A.(2)Trafficking of children for sexual purposes - unlawful for any person to knowing ly benefit from activity prohibited by this section
It shall be unlawful for any person to knowingly benefit from activity prohibited by the provisions of this Section.
Effective: 08/15/2009 - Present
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14:46.3 A.(3)Trafficking of children for sexual purposes - unlawful for parent or guardian to consent a minor entering into any activity prohibited by this Section
It shall be unlawful for any parent, legal guardian, or person having custody of a person under the age of eighteen years to knowingly permit or consent to such minor entering into any activity prohibited by the provisions of this Section.
Effective: 08/15/2009 - Present
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14:46.3 A.(4)Trafficking of children for sexual purposes - unlawful to facilitate any prohibited activities
It shall be unlawful for any person to knowingly facilitate any of the activities prohibited by the provisions of this Section by any means, including but not limited to helping, aiding, abetting, or conspiring, regardless of whether a thing of value has been promised to or received by the person.
Effective: 08/15/2011 - Present
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14:46.3 A.(5)Trafficking of children for sexual purposes - unlawful to knowingly advertise activities prohibited by this section
It shall be unlawful for any person to knowingly advertise any of the activities prohibited by this Section.
Effective: 08/15/2011 - Present
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14:46.3 A.(6)Trafficking of children for sexual purposes - unlawful to knowingly sell or offer travel services that include or facilitate activities prohibited by this Section
It shall be unlawful for any person to knowingly sell or offer to sell travel services that include or facilitate any of the activities prohibited by this Section.
Effective: 08/01/2012 - Present
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14:46.3 B.Trafficking of children for sexual purposes - definition of commercial sexual activity
B. For purposes of this Section, 'commercial sexual activity' means any sexual act performed or conducted when any thing of value has been given, promised, or received by any person.
Effective: 08/15/2011 - Present
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14:46.3 C.(1)Trafficking of Children for Sexual Purposes - consent not a defense pursuant to the Section
Consent of the minor shall not be a defense to a prosecution pursuant to the provisions of this Section.
Effective: 08/15/2009 - Present
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14:46.3 C.(2)Trafficking of children for sexual purposes - lack of knowledge of age of victim not a defense
Lack of knowledge of the victim's age shall not be a defense to a prosecution pursuant to the provisions of this Section.
Effective: 08/15/2009 - Present
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14:46.3 C.(3)Trafficking of child for sexual purposes - lack of defense that person being solicited is law enforcement officer acting within scope of duties
It shall not be a defense to prosecution for a violation of this Section that the person being recruited, harbored, transported, provided, sold, purchased, received, isolated, enticed, obtained, or maintained is actually a law enforcement officer or peace officer acting within the official scope of his duties.
Effective: 08/01/2014 - Present
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14:46.3 D.(1)(a)Trafficking of children for sexual purposes - penalty
Whoever violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of this Section shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen, nor more than fifty years, or both.
Effective: 08/01/2012 - Present
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14:46.3 D.(1)(b)Trafficking of childrenf for sexual purpose - penalty when victim under 14
Whoever violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of this Section when the victim is under the age of fourteen years shall be fined not more than seventy-five thousand dollars and imprisoned at hard labor for not less than twenty-five years nor more than fifty years. At least twenty-five years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.
Effective: 08/01/2012 - Present
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14:46.3 D.(1)(c)Trafficking of child for sexual purposes - penalty if previously convicted of sex offense
Any person who violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of this Section, who was previously convicted of a sex offense as defined in R.S. 15:541 when the victim of the sex offense was under the age of eighteen years, shall be fined not more than one hundred thousand dollars and shall be imprisoned at hard labor for not less than fifty years or for life. At least fifty years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2012 - Present
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14:46.3 D.(2)Trafficking of children for sexual purpose - penalty modifiers
Whoever violates the provisions of Paragraph (A)(3) of this Section shall be required to serve at least five years of the sentence provided for in Subparagraph (D)(1)(a) of this Section without benefit of probation, parole, or suspension of sentence. Whoever violates the provisions of Paragraph (A)(3) when the victim is under the age of fourteen years shall be required to serve at least ten years of the sentence provided for in Subparagraph (D)(1)(b) of this Section without benefit of probation, parole, or suspension of sentence.
Effective: 08/01/2012 - Present
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14:46.3 D.(3)Trafficking of children for sexual purposes - property used in offense seized and sold
In addition, the court shall order that the personal property used in the commission of the offense, or the proceeds of any such conduct, shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney, or otherwise distributed or disposed of, in accordance with R.S. 15:539.1.
(b) 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
Effective: 06/12/2017 - Present
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14:46.3 E.Trafficking of children for sexual purposes - no victim shall be prosecuted for unlawful acts committed as a result of being trafficked
No victim of trafficking as provided by the provisions of this Section shall be prosecuted for unlawful acts committed as a direct result of being trafficked. Any child determined to be a victim pursuant to the provisions of this Subsection shall be eligible for specialized services for sexually exploited children.
Effective: 08/01/2014 - Present
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14:46.3 F.Trafficking of children for sexual purpose - Chapter 1 of Title V of the Children's Code shall apply
The provisions of Chapter 1 of Title V of the Children's Code regarding the multidisciplinary team approach applicable to children who have been abused or neglected, to the extent practical, shall apply to the children who are victims of the provisions of this Section.
Effective: 08/15/2009 - Present
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14:46.3 G.Trafficking of child for sexual purposes - if any portion held unconstitutional, shall not affect the remaining portions
If any Subsection, Paragraph, Subparagraph, Item, sentence, clause, phrase, or word of this Section is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section.
Effective: 08/15/2011 - Present
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14:46.4 A.(1)Re-homing a child - placing child with nonrelative, without court approval, with intent to divest permanent parental responsibility
Re-homing of a child is a transaction, or any action taken to facilitate such transaction, through electronic means or otherwise by a parent or any individual or entity with custody of a child who intends to avoid or divest himself of permanent parental responsibility by placing the child in the physical custody of a nonrelative, without court approval, unless Subsection B of this Section applies. Actions include but are not limited to transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining a child for such transaction.
Effective: 08/01/2014 - Present
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14:46.4 A.(2)Re-homing of a child - selling, transferring or arranging for sale or transfer of a minor child to another for money or thing of value
Re-homing of a child is the selling, transferring, or arranging for the sale or transfer of a minor child to another person or entity for money or any thing of value or to receive such minor child for such payments or thing of value.
Effective: 08/01/2014 - Present
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14:46.4 A.(3)Re-homing a child - assisting, aiding or abetting the commission of re-homing a child
Re-homing of a child is assisting, aiding, abetting, or conspiring in the commission of any act described in Paragraphs (1) and (2) of this Subsection by any person or entity, regardless of whether money or any thing of value has been promised to or received by the person.
Effective: 08/01/2014 - Present
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14:46.4 B.Re-homing of a child: exceptions
Re-homing does not include placement of a child with a relative, stepparent, licensed adoption agency, licensed attorney, or DCFS, placement of a child by a licensed attorney, licensed adoption agency, or the DCFS, temporary placement of a child by parents or custodians for designated short-term periods with a specified intent and time period for return of the child, due to a vacation or a school-sponsored function or activity, or the incarceration, military service, medical treatment, or incapacity of a parent, placement of a child in another state in accordance with the requirements of the Interstate Compact on the Placement of Children, relinquishment under Safe Haven Law
Effective: 08/01/2016 - Present
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14:46.4 C.Re-homing of a child: penalty
Whoever commits the crime of re-homing of a child shall be fined not more than five thousand dollars and shall be imprisoned at hard labor for not more than five years.
Effective: 08/01/2014 - Present
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14:46.4 D.Re-homing of a child - not a defense that the person being re-homed is actually law enforcement acting within scope of duties
It shall not be a defense to prosecution for a violation of this Section that the person being re-homed is actually a law enforcement officer or peace officer acting within the official scope of his duties.
Effective: 08/01/2016 - Present
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