What is indecent behavior with a juvenile in Louisiana?
Direct Answer: In Louisiana, the crime of indecent behavior with juveniles is defined and criminalized under La. R.S. 14:81. It prohibits lewd or lascivious acts or communications with a child under the age of 17, when done with the intent to arouse or gratify the sexual desires of either person. The statute includes both physical acts and electronic communications, and carries penalties ranging from fines to imprisonment at hard labor.
Legal Definition
Under La. R.S. 14:81(A), indecent behavior with juveniles includes three main acts:
- Lewd or lascivious act: Any such act upon the person or in the presence of a child under 17, provided there is an age difference of more than two years.[1]
- Lewd communications: Sending textual, visual, written, or oral communications containing lewd or lascivious content to a person reasonably believed to be under 17 and at least two years younger than the offender.[1]
- Grooming: The pursuit of an intimate relationship with a child under 17 by means such as seduction, coercion, or manipulation with the intent to commit a sex offense as defined in La. R.S. 15:541.[2]
Importantly, lack of knowledge of the child’s age is not a defense to prosecution under this statute.[1]
Penalties
Under La. R.S. 14:81(H):
- General offense: Punishable by a fine up to $5,000, or imprisonment (with or without hard labor) for up to seven years, or both.[1]
- Victim under 13 and offender 17 or older: Imprisonment at hard labor for 2–25 years, with at least two years served without benefit of parole, probation, or suspension of sentence.[1]
A conviction under this statute cannot be set aside or dismissed under La. Code Crim. Proc. art. 893.[1]
Interpretation and Federal Context
Federal courts have recognized that a conviction under La. R.S. 14:81 qualifies as a “sex offense” under the federal Sex Offender Registration and Notification Act (SORNA), pursuant to 34 U.S.C. § 20911(5)(A).[3] This means individuals convicted must register as sex offenders due to the statute’s sexual and child-related nature.
Conclusion
Indecent behavior with juveniles under Louisiana law is a broad offense covering physical, verbal, and digital acts committed with sexual intent toward minors under 17. It carries severe penalties, especially if the victim is under 13, and entails mandatory sex offender registration under federal law.