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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14:46.6 E.Re-homing a child - Chapter 1 of Title V of the Louisiana Children's Code regarding the multidisciplinary team approach applicable to children who have been abused or neglected, to the extent practical, shall apply
The provisions of Chapter 1 of Title V of the Louisiana 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: 08/01/2016 - Present
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14:48Presumption of malice - non-privilged, defamatory publication is presumed to be malicious unless a justifiable motive is shown
Where a non-privileged defamatory publication or expression is false it is presumed to be malicious unless a justifiable motive for making it is shown. Where such a publication or expression is true, actual malice must be proved in order to convict the offender.
Effective: 07/29/1942 - Present
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14:49Qualified privilege - definition
Qualified privilege exists & actual malice must be proved, regardless of whether the publication is true or false where the pub or expression is a fair & true report of any judicial, legislative, or other public or official proceeding, or any statement, speech, argument, or debate in the course of the same, where the pub or expression is a comment made in reasonable belief of truth, upon, the conduct of a person in respect to public affairs; or thing which the proprietor offers/explains to the public. Where the pub or expression is made to a person interested in the communication, by one who is interested or where the publication or expression is made by an attorney or party in a judicial proceeding.
Effective: 07/29/1942 - Present
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14:50Absolute privilege - exceptions
There shall be no prosecution for defamation in the following situations: when a statement is made by a legislator or judge in the course of his official duties, when a statement is made by a witness in a judicial proceeding, or in any other legal proceeding where testimony may be required by law, and such statement is reasonably believed by the witness to be relevant to the matter in controversy, against the owner, licensee or operator of a visual or sound broadcasting station or network of stations or the agents or employees thereof, when a statement is made or uttered over such station or network of stations by one other than such owner, licensee, operator, agents or employees.
Effective: 07/26/1950 - Present
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14:50.2Additional penalties for crime of violence against victim 65 years old or older
The court in its discretion may sentence, in addition to any other penalty provided by law, any person who is convicted of a crime of violence or of an attempt to commit any of the crimes as defined in R.S. 14:2(B) with the exception of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1), aggravated assault (R.S. 14:37), aggravated or first degree rape (R.S. 14:42), and aggravated kidnapping (R.S. 14:44) to an additional three years' imprisonment when the victim of such crime is sixty-five years of age or older at the time the crime is committed.
Effective: 08/01/2015 - Present
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14:502Failure to seek assistance
Failure to seek assistance
Effective: 08/01/2018 - Present
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14:502A(1)Failure to seek assistance -Any person at the scene of an emergency who knows that another person has suffered serious bodily injury shall, give reasonable assistance
Any person at the scene of an emergency who knows that another person has suffered serious bodily injury shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the injured person. Reasonable assistance includes immediately seeking or reporting the need for medical assistance from an appropriate authority.
Effective: 08/01/2018 - Present
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14:502A(2)Failure to seek assistance -Any person who engages in reckless behavior that results in the serious bodily injury of any person shall,, give reasonable assistance to th
Any person who engages in reckless behavior that results in the serious bodily injury of any person shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the person. Reasonable assistance includes immediately seeking or reporting the need for medical assistance from an appropriate authority.
Effective: 08/01/2018 - Present
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14:502BFailure to seek assistance - definitions
For purposes of this Section:
(1) 'Appropriate authority' includes:
(a) Any state or local law enforcement agency.
(b) A 911 Public Safety Answering Point as defined in Title 33 of the Louisiana Revised Statutes of 1950.
(c) Emergency medical personnel.
(2) 'Reckless behavior' means an activity or behavior in which a reasonable person knew or reasonably should have known that the activity or behavior may result in injury to another, including but not limited to excessive consumption of alcohol, binge drinking, drag racing, consumption of any controlled dangerous substance, acts of hazing, or other similar activity, including activity which is defined as a criminal offense under this Title
Effective: 08/01/2018 - Present
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14:502C(1)Failure to seek assistance, penalty
C.(1) Except as provided in Paragraph (2) of this Subsection, any person who violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.
Effective: 08/01/2018 - Present
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