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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14:81.3 E.Computer-aided solicitation of a minor - Section shall not apply to transference of images by telephone company, cable company, or internet service provider
The provisions of this Section shall not apply to the transference of such images by a telephone company, cable television company, or any of its affiliates, an Internet provider, or commercial online service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet, or commercial online services.
Effective: 08/15/2005 - Present
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14:81.3 F.Computer-aided solicitation of a minor - offense deemed to have been committed where communication originally sent, received or viewed, or where any other element committed
An offense committed under this Section may be deemed to have been committed where the electronic textual communication was originally sent, originally received, or originally viewed by any person, or where any other element of the offense was committed.
Effective: 07/01/2008 - Present
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14:81.3 G.Computer-aided solicitation of a minor - access to and the disposition of any material seized shall be in accordance with 46:1845
After the institution of prosecution, access to and the disposition of any material seized as evidence of this offense shall be in accordance with R.S. 46:1845.
Effective: 08/15/2005 - Present
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14:81.3 H.Computer-aided solicitation of a minor - any resulting evidence shall constitute contraband
Any evidence resulting from the commission of computer-aided solicitation of a minor shall constitute contraband.
Effective: 08/15/2005 - Present
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14:81.3 I.Computer-aided solicitation of a minor - violation of this Section shall be considered a sex offense and offender shall be required to register
A violation of the provisions of this Section shall be considered a sex offense as defined in R.S. 15:541. Whoever commits the crime of computer-aided solicitation of a minor shall be required to register as a sex offender as provided for in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.
Effective: 08/15/2005 - Present
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14:81.4Prohibited sexual conduct between an educator and a student
Prohibited sexual conduct between an educator and a student
Effective: 09/01/2009 - Present
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14:81.4 A.(1)Prohibited sexual conduct between an educator and a student - committed when an educator has intercourse with a person older than 17, younger than 21, with an age difference of greater than 4 years and the victim is a student at the educator's school
Prohibited sexual conduct between an educator and a student is committed when an educator has sexual intercourse with a person who is seventeen years of age or older, but less than twenty-one years of age, where there is an age difference of greater than four years between the two persons, when the victim is not the spouse of the offender and is a student at the school where the educator is assigned, employed, or working at the time of the offense.
Effective: 09/01/2009 - Present
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14:81.4 A.(2)Prohibited sexual conduct between an educator and a student - committed when educator commits any act with a person older than 17, younger than 21, with an age difference of greater than 4 years and the victim is a student at the educator's school
Prohibited sexual conduct between an educator and a student is committed when an educator commits any lewd or lascivious act upon a student or in the presence of a student who is seventeen years of age or older, but less than twenty-one years of age, where there is an age difference of greater than four years between the two persons, with the intention of gratifying the sexual desires of either person, when the victim is a student at the school in which the educator is assigned, employed, or working at the time of the offense.
Effective: 09/01/2009 - Present
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14:81.4 A.(3)Prohibited sexual conduct between an educator and a student - committed when educator intentionally touches gentals of older than 17, younger than 21, with an age difference of greater than 4 years and the victim is a student at the educator's school
Prohibited sexual conduct between an educator and a student is committed when an educator commits intentionally engages in the touching of the anus or genitals of a student seventeen years of age or older, but less than twenty-one years of age, where there is an age difference of greater than four years between the two persons, using any instrumentality or any part of the body of the educator, or the touching of the anus or genitals of the educator by a person seventeen years of age or older, but less than twenty-one years of age, where there is an age difference of greater than four years between the two persons, when the victim is a student at the school in which the educator is assigned, employed, or working at the time of the offense us
Effective: 09/01/2009 - Present
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14:81.4 B.Prohibited sexual conduct between an educator and a student - definitions
Definitions of 'educator', 'school', 'sexual intercourse' and 'student' as used in this section
Effective: 08/15/2007 - Present
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14:81.4 C.Prohibited sexual conduct between an educator and a student - consent shall not be a defense
The consent of a student, whether or not that student is seventeen years of age or older, shall not be a defense to any violation of this Section.
Effective: 08/15/2007 - Present
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14:81.4 D.Prohibited sexual conduct between an educator and a student - lack of knowledge of student's age shall not be a defense
Lack of knowledge of the student's age shall not be a defense.
Effective: 08/15/2007 - Present
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14:81.4 E.(1)Prohibited sexual conduct between an educator and a student - lack of knowledge of student's age shall not be a defense
Lack of knowledge of the student's age shall not be a defense.
Effective: 09/01/2009 - Present
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14:81.4 E.(2)Prohibited sexual conduct between an educator and a student - lack of knowledge of student's age shall not be a defense
For a second or subsequent offense, an offender may be fined not more than five thousand dollars and shall be imprisoned, with or without hard labor, for not less than one year nor more than five years.
Effective: 08/15/2007 - Present
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14:81.4 F.Prohibited sexual conduct between an educator and a student - educator with cause to believe sexual conduct is occuring shall report to law enforcement
Notwithstanding any claim of privileged communication, any educator having cause to believe that prohibited sexual conduct between an educator and student shall immediately report such conduct to a local or state law enforcement agency.
Effective: 08/15/2007 - Present
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