{
 "citation": "14:81.2",
 "heading": "Molestation of a juvenile or a person with a physical or mental disability",
 "doc_id": "78676",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78676",
 "classification": "F",
 "enacted_year": "2020",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "B(1)",
   "text": "B.(1) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not less than five nor more than ten years, or both.",
   "los_min": "5Y",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "when the victim is thirteen years of age or older but has not yet attained the age of seventeen"
  },
  {
   "subsection": "B(2)",
   "text": "(2) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, and when the offender has control or supervision over the juvenile, shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than ten years nor more than twenty years, or both.",
   "los_min": "10Y",
   "los_max": "20Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "when the victim is thirteen years of age or older but has not yet attained the age of seventeen"
  },
  {
   "subsection": "B(3)(a)",
   "text": "(3)(a) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, and when the offender is in a position of supervision or entrusted with a supervisory role of the juvenile that includes but is not limited to a religious, charitable, scientific, educational, athletic, or youth-serving purpose or is an edu",
   "los_min": "10Y",
   "los_max": "40Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "when the victim is thirteen years of age or older but has not yet attained the age of seventeen"
  },
  {
   "subsection": "C(1)",
   "text": "C.(1) Whoever commits the crime of molestation of a juvenile by violating the provisions of Paragraph (A)(1) of this Section, when the incidents of molestation recur during a period of more than one year, shall, on first conviction, be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than five nor more than forty years, or both.",
   "los_min": "5Y",
   "los_max": "40Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D(1)",
   "text": "D.(1) Whoever commits the crime of molestation of a juvenile when the victim is under the age of thirteen years shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years.",
   "los_min": "25Y",
   "los_max": "99Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "when the victim is under the age of thirteen years shall be imprisoned at hard labor for not less than twenty-five years nor more than "
  },
  {
   "subsection": "D(2)",
   "text": "(2) Whoever commits the crime of molestation of a person with a physical or mental disability shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years.",
   "los_min": "25Y",
   "los_max": "99Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:81.2\n\n\u00a781.2. Molestation of a juvenile or a person with a physical or mental disability\n\nA.(1) Molestation of a juvenile is the commission by anyone over the age of\nseventeen of any lewd or lascivious act upon the person or in the presence of any child under\nthe age of seventeen, where there is an age difference of greater than two years between the\ntwo persons, with the intention of arousing or gratifying the sexual desires of either person,\nby the use of force, violence, duress, menace, psychological intimidation, threat of great\nbodily harm, or by the use of influence by virtue of a position of control or supervision over\nthe juvenile. Lack of knowledge of the juvenile's age shall not be a defense.\n\n(2) Molestation of a person with a physical or mental disability is the commission\nby anyone over the age of seventeen of any lewd or lascivious act upon the victim or in the\npresence of any victim with the intention of arousing or gratifying the sexual desires of either\nperson, by the use of force, violence, duress, menace, psychological intimidation, threat of\ngreat bodily harm, or by the use of influence by virtue of a position of control or supervision\nover the victim, when any of the following conditions exist:\n\n(a) The victim has paraplegia, quadriplegia, or is otherwise physically incapable of\npreventing the act due to a physical disability.\n\n(b) The victim is incapable, through unsoundness of mind, of understanding the\nnature of the act, and the offender knew or should have known of the victim's incapacity.\n\n(c) The victim is sixty-five years of age or older.\n\nB.(1) Whoever commits the crime of molestation of a juvenile, when the victim is\nthirteen years of age or older but has not yet attained the age of seventeen, shall be fined not\nmore than five thousand dollars, or imprisoned, with or without hard labor, for not less than\nfive nor more than ten years, or both. The defendant shall not be eligible to have his\nconviction set aside or his prosecution dismissed in accordance with the provisions of Code\nof Criminal Procedure Article 893.\n\n(2) Whoever commits the crime of molestation of a juvenile, when the victim is\nthirteen years of age or older but has not yet attained the age of seventeen, and when the\noffender has control or supervision over the juvenile, shall be fined not more than ten\nthousand dollars or imprisoned, with or without hard labor, for not less than ten years nor\nmore than twenty years, or both. The defendant shall not be eligible to have his conviction\nset aside or his prosecution dismissed in accordance with Code of Criminal Procedure Article\n893.\n\n(3)(a) Whoever commits the crime of molestation of a juvenile, when the victim is\nthirteen years of age or older but has not yet attained the age of seventeen, and when the\noffender is in a position of supervision or entrusted with a supervisory role of the juvenile\nthat includes but is not limited to a religious, charitable, scientific, educational, athletic, or\nyouth-serving purpose or is an educator of the juvenile, shall be fined not more than ten\nthousand dollars or imprisoned, with or without hard labor, for not less than ten years nor\nmore than forty years, or both. At least ten years of the sentence imposed shall be without\nthe benefit of parole, probation, or suspension of sentence, and the defendant shall not be\neligible to have his conviction set aside or his prosecution dismissed in accordance with\nCode of Criminal Procedure Article 893.\n\n(b) For purposes of this Subsection, \"educator\" means any teacher or instructor,\nadministrator, staff person, or employee of any public or private elementary, secondary,\nvocational-technical training, special, or postsecondary school or institution, including any\nteacher aide, paraprofessional, school bus driver, food service worker, and other clerical,\ncustodial, or maintenance personnel employed by a private, city, parish, or other local public\nschool board.\n\nC.(1) Whoever commits the crime of molestation of a juvenile by violating the\nprovisions of Paragraph (A)(1) of this Section, when the incidents of molestation recur\nduring a period of more than one year, shall, on first conviction, be fined not more than ten\nthousand dollars or imprisoned, with or without hard labor, for not less than five nor more\nthan forty years, or both. At least five years of the sentence imposed shall be without benefit\nof parole, probation, or suspension of sentence. After five years of the sentence have been\nserved, the offender, who is otherwise eligible, may be eligible for parole if a licensed\npsychologist, medical psychologist, or a licensed clinical social worker or a board-certified\npsychiatrist, after psychological examination, including testing, approves.\n\n(2) Conditions of parole shall include treatment in a qualified sex offender program\nfor a minimum of five years, or until expiration of sentence, whichever comes first. The state\nshall be responsible for the cost of testing, but the offender shall be responsible for the cost\nof the treatment program. It shall also be a condition of parole that the offender be prohibited\nfrom being alone with a child without the supervision of another adult.\n\n(3) For purposes of this Subsection, a \"qualified sex offender program\" means one\nwhich includes both group and individual therapy and arousal reconditioning. Group therapy\nshall be conducted by two therapists, one male and one female, at least one of whom is\nlicensed as a psychologist or medical psychologist or is board certified as a psychiatrist or\nclinical social worker.\n\nD.(1) Whoever commits the crime of molestation of a juvenile when the victim is\nunder the age of thirteen years shall be imprisoned at hard labor for not less than twenty-five\nyears nor more than ninety-nine years. At least twenty-five years of the sentence imposed\nshall be served without benefit of probation, parole, or suspension of sentence.\n\n(2) Whoever commits the crime of molestation of a person with a physical or mental\ndisability shall be imprisoned at hard labor for not less than twenty-five years nor more than\nninety-nine years. At least twenty-five years of the sentence imposed shall be served without\nbenefit of probation, parole, or suspension of sentence.\n\n(3) Upon completion of the term of imprisonment imposed in accordance with\nParagraphs (1) and (2) of this Subsection, the offender shall be monitored by the Department\nof Public Safety and Corrections through the use of electronic monitoring equipment for the\nremainder of his natural life.\n\n(4) Unless it is determined by the Department of Public Safety and Corrections,\npursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual\noffender is unable to pay all or any portion of such costs, each sexual offender to be\nelectronically monitored shall pay the cost of such monitoring.\n\n(5) The costs attributable to the electronic monitoring of an offender who has been\ndetermined unable to pay shall be borne by the department if, and only to the degree that,\nsufficient funds are made available for such purpose whether by appropriation of state funds\nor from any other source.\n\n(6) The Department of Public Safety and Corrections shall develop, adopt, and\npromulgate rules in the manner provided in the Administrative Procedure Act that provide\nfor the payment of such costs. Such rules shall contain specific guidelines which shall be\nused to determine the ability of the offender to pay the required costs and shall establish the\nreasonable costs to be charged. Such rules may provide for a sliding scale of payment so that\nan offender who is able to pay a portion, but not all, of such costs may be required to pay\nsuch portion.\n\nE. Repealed by Acts 2020, No. 352, \u00a72.\n\nActs 1984, No. 220, \u00a71; Acts 1990, No. 590, \u00a71; Acts 1991, No. 925, \u00a71; Acts 1999,\nNo. 1309, \u00a72, eff. Jan. 1, 2000; Acts 2006, No. 36, \u00a7\u00a71, 2; Acts 2006, No. 103, \u00a71; Acts\n2006, No. 325, \u00a72; Acts 2008, No. 33, \u00a71; Acts 2008, No. 426, \u00a71; Acts 2009, No. 192, \u00a71,\neff. June 30, 2009; Acts 2009, No. 251, \u00a713, eff. Jan. 1, 2010; Acts 2010, No. 763, \u00a71; Acts\n2011, No. 67, \u00a71; Acts 2020, No. 352, \u00a72; Acts 2024, No. 597, \u00a71."
}