Child Sexual Abuse Material Laws in Louisiana

Louisiana now calls child pornography 'child sexual abuse materials' (formerly pornography involving juveniles). Intentionally possessing it carries 5 to 20 years at hard labor without parole, probation or suspension and a fine up to $50,000; a second or later conviction carries 10 to 40 years and up to $75,000. Distributing or possessing with intent to distribute carries the same ranges. Producing, promoting or advertising it carries 10 to 20 years at hard labor and up to $50,000 (20 to 40 years and up to $75,000 on a repeat conviction). When the victim is under 13 and the offender is 17 or older, production carries 25 to 99 years, and the other offenses carry a range of one-half to twice the longest term otherwise provided. A minor's consent is not a defense; sexting between minors is handled under a separate statute (R.S. 14:81.1.1).

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.