14:93.2.1 B.(2)Child desertion - second or subsequent offense penalty
On a second and subsequent conviction, the offender shall be fined not more than five hundred dollars and imprisoned for not less than thirty days nor more than six months, at least thirty days of which shall be without benefit of probation or suspension of sentence.
Effective: 08/30/1986 - Present
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14:93.2.2Unlawful placement of gold fillings, caps, and crowns - charging, definition, penalty
It is unlawful for any person to replace a tooth or part of a tooth or associated tissue by means of a filling, cap, or crown made of any gold substance on any person under the age of eighteen without the consent of the parents or guardian of such person. Whoever violates the provisions of this Section shall be fined not less than five hundred dollars nor more than five thousand dollars.
Effective: 08/15/1995 - Present
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14:93.2.3Second degree cruelty to juveniles
Second degree cruelty to juveniles
Effective: 08/15/1999 - Present
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14:93.2.3 A.(1)Second degree cruelty to juveniles - charging and definition
Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of seventeen to any child under the age of seventeen which causes serious bodily injury or neurological impairment to that child.
Effective: 08/15/1999 - Present
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14:93.2.3 B.Second degree cruelty to juveniles - providing of treatment in accordance with the tenets of a well-recognized religious method of healing shall not be considered intentional or criminally negligent mistreatment
The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be intentional or criminally negligent mistreatment or neglect and shall be an affirmative defense to a prosecution under this Section.
Effective: 08/15/1999 - Present
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14:93.2.3 C.Second degree cruelty to juveniles - penalty
Whoever commits the crime of second degree cruelty to juveniles shall be imprisoned at hard labor for not more than forty years.
Effective: 08/15/1999 - Present
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14:93.3Cruelty to persons with infirmities
Cruelty to persons with infirmities
Effective: 06/23/2014 - Present
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14:93.3 A.Cruelty to persons with infirmities - charging and definition
Cruelty to persons with infirmities is the intentional or criminally negligent mistreatment or neglect by any person, including a caregiver, whereby unjustifiable pain, malnourishment, or suffering is caused to a person with an infirmity, an adult with a disability, or a person who is aged, including but not limited to a person who is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility.
Effective: 06/23/2014 - Present
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14:93.3 A.(1)Sexual battery of persons with infirmities - intentional engaging in any acts listed in B with another person who is not the spouse of offender and who is incapable of preventing because of advanced age or physicial infirmity
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 offender compels the victim, who is physically incapable of preventing the act because of advanced age or physical infirmity, to submit by placing the victim in fear of receiving bodily harm.
Effective: 08/21/1992 - Present
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14:93.3 A.(2)Sexual battery of persons with infirmities - intentional engaging in any acts listed in B with another person who is not the spouse of offender and who is incapable of resisting or of understanding because of stupor or intoxication
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 of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating, narcotic, or anesthetic agent administered by or with the privity of the offender.
Effective: 08/21/1992 - Present
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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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