What Is Louisiana’s Age of Consent?
What is the Age of Consent in Louisiana: As a general rule, the consent age in Louisiana is 17. This means, that if you are age 17 or older, you can consent to sexual relations with a person of any age. Relationships involving a person under 17 years of age may or may not be in violation of Louisiana law depending upon the ages of the parties and other factors. In Louisiana, persons that have not yet reached their 17th birthday – are generally considered minors under state law. Although the law offers protection for minors, it is also takes into account the interests of teenagers that are involved with each other in what many would call romances. To illustrate this point, a 17-year-old can legally consent to sex with a 19-year-old but he/she cannot legally consent to sex with someone who is decades older; regardless of who initiated the relationship. In many circumstances, this can result in the minor being punished while the older partner escapes any legal consequences. For example, in 2011, a 34-year-old Louisiana teacher was sentenced to 10 years after she became pregnant by a 17-year-old student . The sexual relationship began after the minor was barred from attending prom. The judge sentenced the teacher to 10 years in prison, suspended the sentence to 7 years of probation, and required her to register as a sex offender. Here, the girl was 17 and consented to sex, so the law in some ways protected her; however, the teacher got 10 years regardless. Federal Laws versus Louisiana State Laws Louisiana laws regarding the age of consent are in line with federal regulations. The Law regarding consent minimum is 16, and allowing consensual sex among persons who are 14 years old. In contrast, the law in 33 other states is a minimum of 18 years old. These states include Arizona, Hawaii, Missouri, New Jersey, South Carolina, and Utah. If the partner is at least 14, the age of consent can be lower in states like Colorado, Florida, Idaho, Iowa, and Kansas. Some other states in which the minimum age of consent is higher than that in Louisiana are North Carolina and Vermont, where the minimum age is – 16. Other states, such as Alaska, requires a minimum age of 13, but has an additional requirement of 3 years age difference.
Legal Effects of the Age of Consent
Violations of the age of consent laws can result in serious legal consequences under Louisiana law.
For example, in Louisiana, a sexual offense involving an individual under the age of consent is a crime. Depending on the specific nature of that offense, an individual may be charged under one of several criminal statutes, such as:
• Aggravated sexual assault
• Sexual battery
• Indecent behavior with a juvenile
• Carnal knowledge of a juvenile
• computer-aided solicitation of a minor
More specific to their particular situation, juvenile sex offenders may be charged with a violation of the state’s sex offender registration law after being convicted of an age of consent violation or another sex crime. Louisiana Revised Statutes §15:542 defines sexual offenses for purposes of sex offender registration as "any of the following offenses when committed upon a person under the age of seventeen years":
• Rape
• Sexual battery
• Sexual intrusion
• Sexual assault
• Indecent behavior with a juvenile
• Carnal knowledge of a juvenile
• Computer-aided solicitation of a minor
• Prostitution
• Sex offense using a computer
• Sexual conduct or solicitation for sexual conduct prohibited by law
• Human trafficking for sexual purposes
A first-time violation of the Louisiana sex offender registration law is a felony and subject to between five and fifty years in prison. A second conviction is punishable by five to 25 years in prison, while a third or subsequent conviction will lead to a five to 50-year felony sentence without parole.
Exceptions and Unique Situations
There are two exceptions to the age of consent law in Louisiana: the close in age exemption and marriage. Close in age exemptions exist for sexual activity where the age of consent is violated. For example, if one person is 17 years old and the other is 15, both persons in the relationship can use the close in age exemption to avoid sexual assault or molestation charges. The close in age exemption generally applies to a range of ages; for example, if a 17 year old has sex with a 14 year old, they are exempt from all criminal liability. However, this range may be different depending on the type of sexual activity. A range may apply; that means that if the age difference is less than the specified range then the close in age exemption will be available. Most close in age exemptions in Louisiana require that both parties be above the age of consent (age 17) but below 18 years old. Based on Louisiana law, persons under the age of 18 cannot give consent for sexual activity. However, when law enforcement receives a report of sexual activity where the age of consent is violated, they may decide to use their discretion and not pursue charges. In many cases when both parties are within the close in age exception, law enforcement officers will ask for proof of age such as an ID.
Like most states in the country, Louisiana prohibits minors from getting married without parental consent. There is an exception to this law in Louisiana where a woman under the age of 18 is pregnant. A pregnant minor can get married under this exception without parental consent or court approval. The law was passed because it was determined that the pregnant minor is less likely to become a ward of the court if they can get married. The penalty for violating the marriage prohibition law is a fine of up to $500 or imprisonment of up to six months, or both.
Statutory Rape Laws & Punishments
The age of consent in Louisiana is 17 years of age. The general rule is that a person has to be 17 years of age or older before a sexual act can occur. If a person is under the age of 17, the crime of consensual sexual activity can occur. However, another Louisiana statute has created a very complicated matrix of exceptions to the rule.
The crime of consensual sexual activity is not an offense under Louisiana law as long as the offender is not:
a) An enumerated offender;
b) Related to the victim.
The enumerated offenders are a parent, legal guardian, step-parent, foster parent, a household member in the household of the victim, or a person supervising the victim. The relationship required between the offender and the victim can be established by blood, marriage, or adoption. Additionally, a person is prohibited from engaging in consensual sexual activity with a victim under a guardianship when the victim is or has been the victim of sexual abuse or exploitation by the offender.
If an enumerated offender engages in a sexual act with the victim, he commits the crime of "nonsupport of a child." The punishment for this crime may include confinement with or without parole for a period of time not to exceed 10 years.
The other element to the crime of consensual sexual activity is that the offender cannot engage in the sexual act if the victim is married to another person. The punishment for this crime of adultery or simple adultery may be a fine not exceeding $500, jail with or without hard labor for not more than six months, or both.
A person who willfully engages in sexual conduct with a child under the age of 13 commits sexual battery under Louisiana statute. The penalty for this crime is imprisonment at hard labor for no less than one year nor more than 10 years, and shall not be reducible to less than six months.
In addition to the aforementioned crimes, inappropriate sexual acts with a minor that does not involve intercourse may still constitute a sex offense under Louisiana law. For example, a more commonly known sex crime involves an adult exposing his genitals to a minor who is at least 17 years of age but less than 18 years of age. This crime is called indecent behavior with a juvenile. The penalty for indecent behavior with a juvenile may include a fine of not more than $5,000, imprisonment with or without hard labor for a period not more than seven years, or both.
Consent as a Legal Defense for Charges
Statutory rape laws establish a bright line rule to ensure that minors cannot consent to sexual conduct with an adult, therefore eliminating the need for an analysis into the victim’s actual consent. That being said, consent can be used as a defense in any case involving an adult and minor that does not fall under the rape statute. The difference in treating "consent" as a defense in such cases can be understood best by considering two hypothetical cases. First, consider a case in which a 24 year old has a sexual encounter with a 16 year old. Let’s assume that she has pleaded guilty and is attempting to challenge that plea. Could she succeed by claiming that she had the permission of the 16 year old and her parents to have sex at her house? Well, just like in alleged marriages, the minimum age at which a person may give legal consent to have sex is 21; so if her case falls under the statutory rape law, there can be no challenge based in her claim of consent , irrespective of the alleged agreement or permission of the minor or her parents. Now, consider the following hypothetical. A 19 year old has an intimate sexual relationship with a 17 year old. The relationship is completely consensual and there are no allegations of coercion to engage in sex. Is the 19 year old’s claim of consent as a basis for an affirmative defense to any allegations of illegal sexual conduct viable in Louisiana? Yes. Although the ages of the parties would be a good starting point for investigation into the issue of consent, the issue would still remain whether there was any evidence of coercion. The lesson here is that unless statutory rape is the type of offense under consideration, one should expect that consent would be available as a potential defense, but also be prepared for that defense to undergo very close examination, which may include a forensic interview of the alleged victim.
Consequences for Individuals & Society
The age of consent laws are designed to safeguard minors or individuals who have not reached the legal age to give consent for a sexual activity. By enforcing these laws, the state is protecting minors from members of society who could potentially exploit their naivete and inexperience for their own personal pleasure. To that end, when these laws are enforced, there is a broad range of negative impacts on a society, many of which are criminal in nature.
It is important to keep in mind that the individuals arrested for sexual crimes against minors come from all walks of life, and violate the law irrespective of their community status, income level, or any other demographic characteristics. Unlike most other crimes, which are committed out of the necessity of life or the need to survive, sexual crimes against minors are committed by individuals who voluntarily choose to engage in illegal activity, often over and over again, until they are caught. The offenders have a serious psychological problem that causes them to lose their sense of reality and critical thinking ability to the point where the natural impulse to seek out sexual gratification no longer has appropriate boundaries.
The social costs of sexual crimes against minors are vast. While the costs of policing, prosecuting, and policing offenders offer limited comfort to a victim’s family, these costs are inevitably assumed by society. A single sex offender requires approximately 10,000 hours of supervision, which is the equivalent of nearly a year’s worth of staff work for a full-time employee. Society is ultimately left to foot the bill for extensive rehabilitation services, medical care, psychotherapy, legal assistance, and additional expenses required to protect victims, their families, and society at large from future crime.
Thanks to these laws, offenders are forced to fully understand that their crimes are felonies. They also face long sentences and demanding probation terms that require them to register as sex offenders for the rest of their lives, provide regular blood and urine samples, and submit to extensive behavioral monitoring. Offenders also have an obligation to support victims in every way possible, including through monetary restitution and apologies. In addition to these court-imposed penalties, sex offenders are shunned by their communities, leaving them unable to participate in the normal course of life. They cannot work, socialize, or visit recreation areas and must follow strict privacy guidelines to maintain the confidentiality of their private lives.
The stakes in sex offender cases are astronomical for all parties involved – victims and their families, offenders and their communities. The fact that so many people fall victim to violent sexual crimes each year is simply unacceptable. Having effectual laws in place, enforcing stringent penalties, and prosecuting offenders as a matter of priority are critical to protecting victims and their communities.
Where to Find Legal Help and Guidance
If you have specific questions about age of consent laws in Louisiana, or have experienced an incident of sexual misconduct, it is recommended that you contact an experienced sex crime attorney immediately. There are also a number of anti-sexual violence organizations that provide support services to victims of sexual assault. Among these are: Louisiana Coalition Against Domestic Violence, Sexual Assault Nurse Examiners Association of Louisiana , Center for Family Empowerment, and Sexual Trauma Awareness and Response (STAR). In addition, there are resources that provide legal advice and support to victims and their families, including the Louisiana Sexual Assault Victim Services Program, the Louisiana Commission on Child Day Care and Early Learning, the Louisiana Foundation Against Sexual Assault, and the Louisiana Department of Children & Family Services.