14:81.4 G.Prohibited sexual conduct between an educator and a student - no cause shall exist against anyone who makes a report in good faith
No cause of action shall exist against any person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in judicial proceedings arising out of such report, and such persons shall have immunity from civil or criminal liability that otherwise might be incurred or imposed. This immunity shall not be extended to any person who makes a report known to be false or with reckless disregard for the truth of the report.
Effective: 08/15/2007 - Present
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14:81.4 H.Prohibited sexual conduct between an educator and a student - plaintiff in action to establish damages bears burden of proof
In any action to establish damages against a defendant who has made a false report of prohibited sexual conduct between an educator and student, the plaintiff shall bear the burden of proving that the defendant who filed the false report knew the report was false or that the report was filed with reckless disregard for the truth of the report. A plaintiff who fails to meet the burden of proof set forth in this Subsection shall pay all court costs and attorney fees of the defendant.
Effective: 08/15/2007 - Present
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14:81.5 A.Unlawful possession of videotape of protected persons under R.S. 15:440.1 et seq. - unlawful to knowingly and intentionally possess, sell, duplicate, distribute, transfer or coppy any films of protected persons
It is unlawful for any person to knowingly and intentionally possess, sell, duplicate, distribute, transfer, or copy any films, recordings, videotapes, audio tapes, or other visual, audio, or written reproductions, of any recording of videotapes of protected persons provided in R.S. 15:440.1 through 440.6.
Effective: 08/15/2008 - Present
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14:81.5 B.Unlawful possession of videotape of protected persons under R.S. 15:440.1 et seq. - definition of 'videotape'
For purposes of this Section, 'videotape' means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, audio tape, written visual or audio reproduction or by other electronic means together with the associated oral record.
Effective: 08/15/2008 - Present
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14:81.5 C.Unlawful possession of videotape of protected persons under R.S. 15:440.1 et seq. - does not apply to persons acting pursuant to a court order or exempted by 14:440.5
The provisions of this statute shall not apply to persons acting pursuant to a court order or exempted by R.S. 15:440.5 or by persons who in the course and scope of their employment are in possession of the videotape, including the office of community services, any law enforcement agency or its authorized agents and personnel, the office of the district attorney and its assistant district attorneys and authorized personnel, and the agency or organization producing the videotape, including Children Advocacy Centers.
Effective: 08/15/2008 - Present
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14:81.5 D.Unlawful possession of videotape of protected persons under R.S. 15:440.1 et seq. - penalty
Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/15/2008 - Present
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14:82Prostitution; definition; penalties; enhancement
Prostitution; definition; penalties; enhancement
Effective: 09/01/1987 - Present
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14:82 A.(1)Prostitution - practice by a person of indiscriminate sexual intercourse with others for compensation
Prostitution is the practice by a person of indiscriminate sexual intercourse with others for compensation.
Effective: 09/01/1987 - Present
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14:82 A.(2)Prostitution - the solicitation by one person of another with the intent to engage in indiscriminate sexual intercourse with others for compensation
Prostitution is the solicitation by one person of another with the intent to engage in indiscriminate sexual intercourse with the latter for compensation.
Effective: 09/01/1987 - Present
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14:82 B.Prostitution - definition of 'sexual intercourse'
As used in this Section, 'sexual intercourse' means anal, oral, or vaginal sexual intercourse.
Effective: 08/15/2008 - Present
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14:82 C.(1)Prostitution - misdemeanor penalty
Whoever commits the crime of prostitution shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
Effective: 08/15/2008 - Present
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14:82 C.(2)Prostitution - second offense penalty
On a second conviction, the offender shall be fined not less than two hundred fifty dollars nor more than two thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both.
Effective: 08/15/2008 - Present
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14:82 C.(3)Prostitution - third or subsequent offense penalty
On a third and subsequent conviction, the offender shall be imprisoned, with or without hard labor, for not more than four years and shall be fined not less than five hundred dollars nor more than four thousand dollars.
Effective: 08/01/2017 - Present
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14:82 C.(4)Prostitution - penalty for prostitution with person under 18
Whoever commits the crime of prostitution with a person under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
Effective: 08/01/2013 - Present
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14:82 C.(5)Prostitution - penalty for prostitution with person under 14
Whoever commits the crime of prostitution with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
Effective: 08/01/2013 - Present
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14:82 D.Prostitution - offense committed more than 5 years prior shall not be considered in penalty assessment
Any offense under this Section committed more than five years prior to the commission of the offense with which the defendant is charged shall not be considered in the assessment of penalties under this Section.
Effective: 08/15/2008 - Present
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14:82 E.Prostitution - minimum of 90 days if offense committed on a public road or highway, sidewalk, walkway or public servitude
If the offense occurred as a result of a solicitation by the offender while the offender was located on a public road or highway, or the sidewalk, walkway, or public servitude thereof, the court shall sentence the offender to imprisonment for a minimum of ninety days. If a portion of the sentence is suspended, the court may place the offender upon supervised probation if the offender agrees, as a condition of probation, to perform two hundred forty hours of community service work collecting or picking up litter and trash on the public roads, streets, and highways, under conditions specified by the court.
Effective: 08/15/2008 - Present
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14:82 F.Prostitution - persons convicted shall be referred for counseling re: AIDS
All persons who are convicted of the offense of prostitution shall be referred to the parish health unit for counseling concerning Acquired Immune Deficiency Syndrome. The counseling shall be provided by existing staff of the parish health unit whose duties include such counseling.
Effective: 08/15/2008 - Present
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14:82 G.Prostitution - affirmative defenses
It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E). Any child determined to be a victim pursuant to the provisions of this Paragraph shall be eligible for specialized services for sexually exploited children. It shall also be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant is determined to be a victim of human trafficking pursuant to the provisions of R.S. 14:46.2(F). Any person determined to be a victim pursuant to the provisio
Effective: 08/01/2014 - Present
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14:82.1 A.(1)Prostitution with persons under 18 - unlawful for person over 17 to engage in intercourse with person under 18 who is practicing prostitution, age difference greater than 2 years
It shall be unlawful for any person over the age of seventeen to engage in sexual intercourse with any person under the age of eighteen who is practicing prostitution, and there is an age difference of greater than two years between the two persons.
Effective: 08/01/2012 - Present
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14:82.1 A.(2)Prostitution with persons under 18 - unlawful for any parent or tutor of any person under the age of eighteen knowingly to consent to the person's entrance or detention in the practice of prostitution
It shall be unlawful for any parent or tutor of any person under the age of eighteen knowingly to consent to the person's entrance or detention in the practice of prostitution.
Effective: 08/01/2012 - Present
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14:82.1 B.Prostitution with persons under 18 - neither lack of knowledge nor consent of the victim shall be a defense
Lack of knowledge of the age of the person practicing prostitution shall not be a defense. Also, it shall not be a defense to prosecution for a violation of this Section that the person practicing prostitution consented to the activity prohibited by this Section.
Effective: 08/01/2012 - Present
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14:82.1 C.Prostitution with persons under 18 - definition of sexual intercourse
As used in this Section, 'sexual intercourse' means anal, oral, or vaginal sexual intercourse.
Effective: 08/01/2012 - Present
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14:82.1 D.(1)Prostitution with persons under 18 - penalty for violation of 14:82.1 A.(1)
Whoever violates the provisions of Paragraph (A)(1) of this Section shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
Effective: 08/01/2012 - Present
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14:82.1 D.(2)Prostitution with persons under 18 - penalty for violation of 14:82.1 A.(1) when person practicing prostitution is under 14
Whoever violates the provisions of Paragraph (A)(1) of this Section when the person practicing prostitution is under the age of fourteen shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty- five years nor more than fifty years, or both. Twenty-five years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2012 - Present
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