Child Sexual Abuse Laws in Louisiana

Sexual abuse of a child is mainly charged as molestation of a juvenile or indecent behavior with juveniles. Molestation of a juvenile (a lewd act by someone over 17 on a child under 17, more than two years younger, using force, intimidation or a position of control) carries 5 to 10 years and/or a fine up to $5,000 when the child is 13 to 16; 10 to 20 years when the offender has control or supervision over the child; 10 to 40 years for a supervisor such as a coach, youth leader or educator; and 25 to 99 years at hard labor (at least 25 without parole, probation or suspension) when the child is under 13. Indecent behavior with juveniles (a lewd act with a child under 17, sending lewd communications to a child, or grooming a child) carries up to 7 years and/or a fine up to $5,000, and 2 to 25 years at hard labor when the child is under 13 and the offender is 17 or older. Felony carnal knowledge of a juvenile (sexual intercourse with consent by someone 17 or older with a 13- to 16-year-old at least four years younger) carries up to 10 years and/or a fine up to $5,000.

Louisiana's rule on court-appointed lawyers: The court makes a preliminary determination of indigency no later than arraignment and may review it at any later stage. A person is indigent if unable, without substantial financial hardship to himself or his dependents, to obtain competent, qualified legal representation on his own. Substantial financial hardship is presumed for defendants who receive public assistance (such as food stamps, TANF, Medicaid or disability insurance), live in public housing, earn less than 200% of the Federal Poverty Guideline, are serving a sentence in a correctional institution, or are housed in a mental health facility; others are screened more closely. A person found to be or possibly be indigent applies to the district public defender (or contracted/appointed indigent defense attorney), who verifies economic status. Application fee: a $40 nonrefundable fee paid to the district public defender's office, which may be waived or reduced if the applicant cannot pay; an indigent person may not be denied counsel for failure to pay it. La. R.S. 15:175

Lawyers set their own fees, and Louisiana has rules on how they may charge. See hiring a criminal defense lawyer in Louisiana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Louisiana: A person in custody who has been charged with an offense is entitled to bail before conviction, subject to Articles 312.1, 313 and 313.1 (Art. 312). Bail may be fixed by district courts and their commissioners in any criminal case; by city, parish, municipal and traffic courts in non-capital cases; by mayor's, juvenile and family courts within their trial jurisdiction; and by justices of the peace in cases not capital or punishable at hard labor; the written order sets one type and amount of bail for each charge (Art. 314). A district court may adopt a bail schedule for noncapital felonies, and a district, parish or city court for misdemeanors; a defendant may post scheduled bail or ask for a special order fixing bail (Art. 315). Bail should be fixed in an amount that ensures appearance and the safety of others and the community, considering factors including the seriousness of the offense, the weight of the evidence, criminal record, the defendant's ability to give bail, danger to others, and the type or form of bail (Art. 316). On the prosecutor's motion, a person may be held up to five days (excluding weekends and legal holidays) pending a contradictory hearing, and bail may be denied on clear and convincing evidence of substantial flight risk or imminent danger; a capital defendant is not entitled to bail where the proof is evident and the presumption great; special hearing rules apply to domestic-violence offenses ('Gwen's Law') and repeat child sex offenses (Art. 313). La. C.Cr.P. arts. 312, 313, 314, 315, 316 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Louisiana expungement and record sealing rules.