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Terms Used In Louisiana Children's Code 884.1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
  • Conviction: A judgement of guilt against a criminal defendant.
  • Docket: A log containing brief entries of court proceedings.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Statute: A law passed by a legislature.

            A. When the child has admitted the allegations of the petition or when adjudicated delinquent for any of the following offenses, the court shall provide him with written notice of the requirements for registration as a sex offender:

            (1) Aggravated or first degree rape as defined in La. Rev. Stat. 14:42.

            (2) Forcible or second degree rape as defined in La. Rev. Stat. 14:42.1.

            (3) Second degree sexual battery as defined in La. Rev. Stat. 14:43.2.

            (4) Aggravated kidnapping of a child who has not attained the age of thirteen years pursuant to either La. Rev. Stat. 14:44 or 44.2.

            (5) Second degree kidnapping of a child who has not attained the age of thirteen years as defined in La. Rev. Stat. 14:44.1.

            (6) Aggravated crime against nature defined by La. Rev. Stat. 14:89.1(A)(2) involving circumstances defined by La. Rev. Stat. 15:541 as an aggravated offense.

            (7) Aggravated crime against nature as defined in La. Rev. Stat. 14:89.1(A)(1).

            B. The court shall use this form for the notice:

STATE IN THE INTEREST OF _________

_________ JUDICIAL DISTRICT COURT

DOCKET # __________ PARISH OF _________________________

DIVISION __________ STATE OF LOUISIANA

Notification to Sex Offender in accordance with Children’s Code Article 884.1, this Court has the duty to provide _______________________ (name of juvenile) with the information necessary for awareness of sex offender and child predator registration requirements. _______________________ (name of juvenile) has admitted the allegations of the petition or has been adjudicated of a violation of R.S. ________. Based on the provisions of Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950 and the substance of the statute violated, IT IS ORDERED that ___________________ shall register for the period of ___________ from the date of his release from confinement being placed on aftercare, supervised release or probation, or from the date of his adjudication, if the disposition does not involve a term of confinement.

            (1) You shall initially register with the sheriff and chief of police, if any, of the parish of the juvenile court in which you were adjudicated. Additionally, you shall update your registration, in person, every ninety days from the date of initial registration, with the sheriff and chief of police, if any, of the parish of your residence and the parish where you attend school or are employed.

            Within three business days of establishing residence in Louisiana or if a current resident, within three business days after adjudication if not immediately committed to confinement or taken into custody, or within three business days after release from confinement, you shall obtain and provide all of the following information to each sheriff or police department (except in Orleans Parish where registration shall take place with the New Orleans Police Department):

            (a) Name and any aliases.

            (b) Physical address or addresses of residence.

            (c) Name and physical address of place of employment. If you do not have a fixed place of employment, you shall provide information with as much specificity as possible regarding the places where you work, including but not limited to travel routes.

            (d) Name and physical address of the school in which you are a student.

            (e) Two forms of proof of residence for each residential address provided, including but not limited to a driver’s license, bill for utility service, and bill for telephone service. If those forms of proof are not available, you may provide an affidavit of an adult resident living at the same address.

            (f) The offense for which you were adjudicated and the date and place of the adjudication, and if known, the court in which the adjudication was obtained, the docket number of the case, the specific statute violated, and the disposition imposed. Note that this information is all contained at the beginning of this form.

            (g) A current photograph, fingerprints, palm prints, and a DNA sample.

            (h) Your telephone numbers, including fixed location phone, mobile phone numbers, or telephone number associated with any residence address.

            (i) A description of every vehicle registered to or operated by you, including license plate number and a copy of your driver’s license or identification card.

            (j) Your social security number and date of birth.

            (k) A description of your physical characteristics, including but not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or other identifying marks.

            (l) Every e-mail address, online screen name, or other online identity you use or have used to communicate on the Internet.

            (m) Temporary lodging information regarding any place where you plan to stay for seven or more days and the length of the planned stay.

            (n) Travel and immigration documents, including but not limited to passports and documents establishing immigration status.

            (2) If you are committed to the office of juvenile justice, you shall provide this information to that office within ten days prior to release from confinement. You shall still appear in person at the sheriff’s office within three business days of release from confinement.

            (3) During the declaration of an emergency if you enter an emergency shelter, you shall, within the first twenty-four hours of admittance, notify the management of the shelter, the chief of police of the municipality, and the sheriff of the parish in which the shelter is located of your sex offender status.

            (4) You have a duty to provide notice of change of address or other registration information to the sheriff of the parish of residence within three business days. If the new or additional residence is located in a different parish, then you shall register with the sheriff of the parish in which the new or additional residence is located. You shall also send written notice within three business days of re-registering in the new parish to the sheriff of the parish of former registration.

            (5) If you provide recreational instruction to persons under the age of seventeen, you shall post a notice in the building or facility where such instruction is being given.

            (6) Within ten days prior to release from confinement in a correctional facility, you shall provide a photograph and other relevant information noted in this Article to the office of juvenile justice for purposes of the State Sex Offender and Child Predator Registry.

            (7) If you change your place of residence or establish a new or additional residence, you shall appear in person at the office of the sheriff of your parish of residence where you are currently registered within three business days of the change to register the new address. If the new address is located in a different parish, then you shall also appear in person at the office of the sheriff of your new parish of residence within the same time period. If your parish of residence is in Orleans Parish, then the registration shall take place at the New Orleans Police Department and not with the Orleans Parish Sheriff’s Office.

            (8) If you are absent from your current address of registration for more than thirty consecutive days or an aggregate of thirty days or more in a calendar year, and are physically present at another address during that same period of time, you shall register the new address in person as one of your addresses of residence. If the new address is in a parish different from your current address, you shall also register in person with the sheriff of the new parish within three business days of the tolling of the time periods listed. This requirement notwithstanding, you shall still notify the sheriff of one of your parishes of residence in person if you are to take up temporary lodging for seven or more days. It is only after the thirty-day limit is exceeded that the new registration shall occur. If your address of residence is in Orleans Parish, this registration update shall take place at the New Orleans Police Department and not with the Orleans Parish Sheriff’s Office.

            (9) You shall also appear in person at the office of the sheriff of any of your parishes of residence when there is a change in your name, place of employment, or enrollment. This appearance shall occur within three business days of the change. If your address of residence is in Orleans Parish, this registration update shall take place at the New Orleans Police Department and not with the Orleans Parish Sheriff’s Office.

            (10) You shall also timely sign and return the periodic address verification form sent to you by the Louisiana Bureau of Criminal Identification and Information according to the instructions on the verification form.

            (11) You shall update your registration annually on the anniversary of the initial registration by appearing in person at the office of each law enforcement agency with which you are required to register and shall pay an annual registration fee of sixty dollars ($60.00).

            (12) Failure to comply with any of these registration and notification requirements is a felony for which you may be punished by a fine of up to one thousand dollars ($1,000.00) and imprisonment at hard labor for not less than two years nor more than ten years without benefit of parole, probation, or suspension of sentence. Upon a second or subsequent conviction, you may be punished by a fine of up to three thousand dollars ($3,000.00) and imprisonment at hard labor for not less than five years, nor more than twenty years without benefit of parole, probation, or suspension of sentence.

            (13) If you have been adjudicated of a sex offense as defined in La. Rev. Stat. 15:541 involving a victim who was under the age of thirteen at the time of the offense, you are prohibited from residing or being present in certain locations. A copy of this statute is provided to you with this notification, if applicable.

            THUS DONE AND SIGNED this ____ day of _____________, 20___ in open court, in _____________, Louisiana.

______________________________________

Judge, _____ Juvenile Court

            I hereby certify that the above requirements have been explained to me, that I have received a copy of the above notice of sex offender registration and notification requirements, and a copy of the statutes providing for such requirements. I also understand that I will be subject to any changes made by the legislature to the registration laws from this day forward.

___________________________________________

Signature of Juvenile

____________________________________________

Defense Counsel Signature

            Acts 2010, No. 594, §1; Acts 2014, No. 602, §1, eff. June 12, 2014; Acts 2015, No. 184, §8; Acts 2015, No. 256, §3.