§80.  Felony carnal knowledge of a juvenile

Terms Used In Louisiana Revised Statutes 14:80

  • conviction: A judgement of guilt against a criminal defendant.
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • felony: A crime carrying a penalty of more than a year in prison.
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • personal property: All property that is not real property.

A.  Felony carnal knowledge of a juvenile is committed when:

(1)  A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender and when the difference between the age of the victim and the age of the offender is four years or greater; or

(2)  A person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or a person who has been convicted one or more times of violating one or more crimes for which the offender is required to register as a sex offender under R.S. 15:542 commits a first offense of misdemeanor carnal knowledge of a juvenile.

B.  As used in this Section, “sexual intercourse” means anal, oral, or vaginal sexual intercourse.

C.  Lack of knowledge of the juvenile’s age shall not be a defense.  Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.

D.(1)  Whoever commits the crime of felony carnal knowledge of a juvenile shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.

(2)(a)  In addition, the court shall order that the personal property used in the commission of the offense shall be seized and impounded, and after conviction, sold at public sale or public auction by the district attorney 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 of digital recording media.

Amended by Acts 1977, No. 539, §1; Acts 1978, No. 757, §1; Acts 1990, No. 590, §1; Acts 1995, No. 241, §1; Acts 2001, No. 796, §1; Acts 2006, No. 80, §1; Acts 2008, No. 331, §1; Acts 2010, No. 763, §1.