14:93.3 A.(3)Sexual battery of persons with infirmities - intentional engaging in any acts listed in B with another person who is not the spouse of offender when the victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause
Sexual battery of persons with infirmities is the intentional engaging in any of the sexual acts listed in Subsection B of this Section with another person, who is not the spouse of the offender, when the victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of the victim's incapacity.
Effective: 08/21/1992 - Present
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14:93.3 A.(4)Sexual battery of persons with infirmities - intentional engaging in any acts listed in B with another person who is not the spouse of offender when the victim is incapable, through unsoundness of mind of understanding the act
Sexual battery of persons with infirmities is the intentional engaging in any of the sexual acts listed in Subsection B of this Section with another person, who is not the spouse of the offender, when the victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity.
Effective: 08/21/1992 - Present
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14:93.3 B.Cruelty to juveniles - definition of 'caregiver'
'Caregiver' is defined as any person or persons who temporarily or permanently is responsible for the care of a person with an infirmity; an adult with a physical or mental disability; or a person who is aged, whether such care is voluntarily assumed or is assigned. Caregiver includes but is not limited to adult children, parents, relatives, neighbors, daycare institutions and facilities, adult congregate living facilities, and nursing homes which or who have voluntarily assumed or been assigned the care of a person who is aged, a person with an infirmity, or an adult with a disability; or have assumed voluntary residence with a person who is aged, a person with an infirmity, or an adult with a disability.
Effective: 06/23/2014 - Present
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14:93.3 B.Sexual battery of persons with infirmities - definitions of 'sexual acts'
For purposes of this Section, 'sexual acts' mean either the touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.
Effective: 08/01/2018 - Present
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14:93.3 C.Sexual battery of persons with infirmities - exception for normal medical treatment and normal sanitary care
Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.
Effective: 08/21/1992 - Present
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14:93.3 C.Cruelty to juveniles - a person who is aged is any individual sixty years of age or older
For the purposes of this Section, a person who is aged is any individual sixty years of age or older.
Effective: 06/23/2014 - Present
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14:93.3 D.Cruelty to juveniles - exception for treatment by a caregiver in accordance with a well-recognized spiritual method of healing in lieu of medical treatment
The providing of treatment by a caregiver in accordance with a well-recognized spiritual method of healing, in lieu of medical treatment, shall not for that reason alone be considered the intentional or criminally negligent mistreatment or neglect of a person with an infirmity, an adult with a disability, or a person who is aged. The provisions of this Subsection shall be an affirmative defense to a prosecution under this Section.
Effective: 06/23/2014 - Present
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14:93.3 D.(1)Sexual battery of persons with infirmities - penalty
Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.
Effective: 08/21/1992 - Present
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14:93.3 D.(2)Sexual battery of persons with infirmities - penalty if victim is a resident of a nursing home, facility for persons with intellectual disabilities or other residential facility & offender is employee
If the victim is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility and the offender is an employee of such home or facility, the offender shall be punished by imprisonment, with or without hard labor, for not more than twenty-five years.
Effective: 08/21/1992 - Present
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14:93.3 E.(1)Cruelty to juveniles - penalty
Whoever commits the crime of cruelty to any person with an infirmity, adult with a disability, or person who is aged shall be fined not more than ten thousand dollars or imprisoned with or without hard labor for not more than ten years, or both. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence when the act of cruelty to persons with infirmities was intentional and malicious.
Effective: 06/23/2014 - Present
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14:93.3 E.(2)Cruelty to juveniles - second or subsequent offense penalty
Upon a second or subsequent conviction, the offender shall be fined not more than ten thousand dollars and imprisoned at hard labor for not less than five years nor more than ten years. Five years of the sentence of imprisonment imposed shall be served without benefit of parole, probation, or suspension of sentence.
Effective: 08/15/2003 - Present
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14:93.4Exploitation of persons with infirmities
Exploitation of persons with infirmities
Effective: 06/23/2014 - Present
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14:93.4 A.(1)Exploitation of persons with infirmities - intentional use by any person of the property or assets of a person with an infirmity or adult with a disability
Exploitation of persons with infirmities is the intentional expenditure, diminution, or use by any person, including a caregiver, of the property or assets of a person with an infirmity, an adult with a disability, or a person who is aged, including but not limited to a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility without the express voluntary consent of the resident or the consent of a legally authorized representative of an incompetent resident, or by means of fraudulent conduct, practices, or representations.
Effective: 06/23/2014 - Present
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14:93.4 A.(2)Exploitation of persons with infirmities - intentional use of the power of attorney or guardianship of a person with an infirmity, a person who is aged, or an adult with a disability for one's own profit or advantage
Exploitation of persons with infirmities is the use of the power of attorney or guardianship of a person with an infirmity, a person who is aged, or an adult with a disability for one's own profit or advantage by means of fraudulent conduct, practices, or representations..
Effective: 06/23/2014 - Present
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14:93.4 B.Exploitation of persons with infirmities - penalty
Whoever commits the crime of exploitation of persons with infirmities shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than ten years, or both.
Effective: 06/23/2014 - Present
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14:93.4 C.Exploitation of persons with infirmities - person convicted shall be prohibited from having access to the assets or property of the victim or any other person with a disability or who is aged
Whoever is convicted, or who enters a plea agreement for exploitation of persons with infirmities shall be prohibited from having access to the assets or property of the victim or of any other person with a disability or person who is aged. The offender shall be prohibited from being appointed as a power of attorney or guardian for the victim or any other person with a disability or person who is aged. The provisions of this Subsection shall not be construed to prohibit the offender from inheriting from the victim with an infirmity.
Effective: 06/23/2014 - Present
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14:93.5Sexual battery of persons with infirmities
Sexual battery of persons with infirmities
Effective: 07/22/1992 - Present
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14:93.5 ASexual battery of persons with infirmities - defined
Sexual battery of persons with infirmities is the intentional engaging in any of the sexual acts listed in Subsection B of this Section with another person, who is not the spouse of the offender,
Effective: 06/23/2014 - Present
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14:93.5 BSexual battery of persons with infirmities - sexual acts defined
For purposes of this Section, 'sexual acts' mean either of the following: The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender.The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.
Effective: 08/01/2018 - Present
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14:93.5 CSexual battery of persons with infirmities - exemption for medical treatment and sanitary care
C. Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.
Effective: 07/22/1992 - Present
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14:93.5 D(1)Sexual battery of persons with infirmities - charging and penalty
D.(1) Except as provided in Paragraph (2) of this Subsection, whoever commits the crime of sexual battery of persons with infirmities shall be punished by imprisonment, with or without hard labor, for not more than twenty years.
Effective: 08/01/2018 - Present
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14:93.5 D(2)Sexual battery of persons with infirmities - charging and penalty, victim is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital,residential facility & the offender is employee
D.(2) If the victim is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility and the offender is an employee of such home or facility, the offender shall be punished by imprisonment, with or without hard labor, for not more than twenty-five years.
Effective: 08/01/2018 - Present
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14:94Illegal use of weapons or dangerous instrumentalities
Illegal use of weapons or dangerous instrumentalities i
Effective: 09/06/1991 - Present
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14:94 A.Illegal use of weapons or dangerous instrumentalities - charging and definition
Illegal use of weapons or dangerous instrumentalities is the intentional or criminally negligent discharging of any firearm, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being.
Effective: 09/06/1991 - Present
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14:94 B.Illegal use of weapons or dangerous instrumentalities - penalty
Except as provided in Subsection E, whoever commits the crime of illegal use of weapons or dangerous instrumentalities shall be fined not more than one thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.
Effective: 09/06/1991 - Present
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