Louisiana Sex offender law places a host of restrictions on sex offenders in the state. The law states that sex offenders in Louisiana must go through important processes before allowed to live among other residents in the state.
One of these processes is submitting their personal information to the state’s sex offender Registry. This information is available to the public to keep them safe from these offenders.
Duration of registration depends on the nature of sex crime committed by the offender. Registration could last for 15 years or a lifetime.
Louisiana Sex Offender Law had a few changes in 2013 with more restrictions placed on offenders in the state. Sex Offenders convicted for a crime against a victim under the age of 13 will not use some parts of a public library in Louisiana.
The libraries choose their restrictions. Each Parish has specific areas “out-of-bound” for sex offenders.
The primary aim of this modification is to prevent sex offenders from using the library at peak hours. Also, some parts of the library where children programs occur are safe from sex offenders.
Sex offenders in Louisiana are not allowed in certain professions like driving taxis, buses or Limousines.
The law places substantial restrictions on areas where convicted sex offenders can dwell or visit in Louisiana. The law protects residents of Louisiana. It makes sure sex offenders in the state have no chance of re-offending.
Louisiana Sex Offender is in charge of maintaining and updating information on sex offenders living in the state.
LSA-R.S. § 15:541 (WEST 2008)
TIER 1: Registration for 15 years:
Offenses: deferred adjudication, adjudication withheld, a conviction for the perpetration, perpetration or conspiracy to commit any of the following offenses:
14:43(A)(3) Simple Rape
14:43.1 Sexual Battery—when the victim is 18 years or over
14:43.5 Intentional exposure of AIDS Virus
14:78.1 Aggravated Incest
14:80 Felony Carnal Knowledge of a Juvenile
14:81 Indecent Behavior with Juveniles
14:81.4 Prohibited Sexual Conduct Between an Educator and a Student
14:89 Crime Against Nature
14.89.1 Aggravated Crime Against Nature
14:92(A)(7) Contributing to the Delinquency of Juveniles (to perform any sexually immoral act)
14:106(A)(5) Obscenity by Solicitation (of a person under the age of 17)
14:283 Video Voyeurism
14:283.1 Video Voyeurism Second or Subsequent Offense
Note: Deferred adjudication, adjudication withheld, or the conviction for the perpetration, attempted perpetration, or conspiracy to commit one of the offenses above shall be considered a sex offense.
LSA § 15:541 Criminal Offense Against a Victim Who is a Minor
(g) A conviction for the perpetration or attempted perpetration or conspiracy to commit any of the following offenses:
14:45.1 Interference with the Custody of a Child
14:46 False Imprisonment of a Child
14:46.1 False Imprisonment: Offender Armed with a Dangerous Weapon
Registration of any defendant under the age of 18
23:25(A)(4) Minors under 16, prohibits employment for exhibition use
LSA § 14:2 TIER II: Registration for 25 years
14:43.1 Sexual Battery- when the victim is under the age of 18, except under 14:43.1 (C)(2)
14:43.3 Oral Sexual Battery
14:46(B)(2) Human Trafficking
14:78.1 Aggravated Incest- under the circumstances not listed as an “aggravated offense”
14:81.1 Pornography Involving Juveniles
14:81.2 Molestation of a Juvenile
14:82.1 Prostitution; Persons under Seventeen
14:86 Enticing minors into Prostitution
14:89.1 Aggravated Crime Against Nature
TIER III: Lifetime Registration
LSA 15:541(1)(a-m)-a conviction for the perpetration or attempted perpetration of, or conspiracy to commit, any of the following:
14:42 Aggravated Rape
14:42.1 Forcible Rape
14:43 Simple Rape – under the provisions of (A)(1) and (2)
14:43.1(C)(2) Sexual Battery when prosecuted under this provision
14:43.2 Second Degree Sexual Battery when prosecuted under this provision
14:44 Aggravated Kidnapping of a child who has not attained the age of eighteen years.
14:44.2 Aggravated Kidnapping of a child
14:45 Simple Kidnapping of a child who has not attained the age of eighteen years.
14:78.1 Aggravated Incest involving sexual intercourse, second-degree sexual battery, oral sexual battery or when prosecuted under the provisions of 14:78.1 (D)(2)
14:81.2(E)(1) Molestation of a Juvenile when prosecuted under this provision
14:89.1 Aggravated Crime Against Nature
14:93.5 Sexual Battery of the Infirm
NOTE: Lifetime Registration also applies for any person with a prior conviction or adjudication for an enumerated registration offense, regardless of whether or not the prior offense required registration at the time of commission or conviction and who is subsequently convicted of or adjudicated for an offense which requires registration.
NOTE: A conviction for any offense provided in the above lists includes a conviction for an equivalent offense under the laws of another state, military, territorial, tribal, or federal law.
NOTE: A conviction for the perpetration, attempted perpetration, or conspiracy to commit all of the offenses outlined above shall be considered as a child predator for all circumstances.
LSA-R.S. § 15:542 (WEST 2008)
C. (1) The offender shall register and provide all of the following information to the appropriate law enforcement agencies listed in Subsection B of this Section by the period provided for in Paragraph (2) of this Subsection:
(a) Name and any aliases used by the offender.
(b) Physical address or addresses of residence.
(c) Name and physical address of the place of employment. If the offender does not have a fixed place of employment, the offender shall provide information with as much specificity as possible regarding the places where he works, including but not limited to travel routes used by the offender.
(d) Name and physical address of the school in which he is 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 of residence are not available, the offender may provide an affidavit of an adult resident living at the same address. The affidavit shall certify that the affiant understands his obligation to provide written notice under R.S.
15:542.1.4 to the appropriate law enforcement agency with whom the offender last registered when the offender no longer resides at the residence provided in the affidavit.
(f) The crime for which he was convicted and the date and place of such conviction, and if known by the offender, the court in which the conviction was obtained, the docket number of the case, the specific statute under which he was convicted, and the sentence imposed.
(g) A current photograph.
(h) Fingerprints, palm prints, and a DNA sample.
(i) Telephone numbers, including fixed location phone and mobile phone numbers assigned to the offender or associated with any residence address of the offender.
(j) A description of every vehicle registered to or operated by the offender, including the license plate number and a copy of the offender's driver's license or identification card.
(k) Social security number and date of birth.
(l) A description of the physical characteristics of the offender, including but not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or other identifying marks on the body of the offender.
(m) Every e-mail address, online screen name, or other online identifiers used by the offender to communicate on the Internet. The required notice must be given before any online identifier is used to communicate on the Internet.
(n) Temporary lodging information regarding any place where the offender plans to stay for seven or more days.
(o) Travel and immigration documents, including but not limited to passports and documents establishing immigration status.
LSA-R.S. § 15:546 (West 2008)
(A): Criminal justice agencies shall release relevant and necessary information regarding sex offenders, child predators, and sexually violent predators to the public when the release of the information is necessary for public protection.
LSA-R.S. § 14:91.2 (West 2008)
A. The following acts when committed by a person convicted of a sex offense as defined in R.S. 15:541 when the victim is under the age of thirteen years shall constitute the crime of unlawful residence or presence of a sex offender: (1) The physical presence of the offender in, on, or within one thousand feet of the school property of any public or private elementary or secondary school or the physical presence in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle.
(2) The offender is establishing a residence within one thousand feet of any public or private elementary or secondary school.
(3) The physical presence of the offender in, on, or within one thousand feet of a public park or recreational facility.
(4) The offender is establishing a residence within one thousand feet of any public park or recreational facility.
B. (1) It shall not be a violation of the provisions of this Section if the offender has permission to be present on school premises from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.
(2) If permission is granted to an offender to be present on public school property by the superintendent for that public school pursuant to this Subsection, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender. This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school. The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school. If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.
(3) Any superintendent, principal, or school master who acts in good faith in compliance with this Subsection shall be immune from civil or criminal liability for his actions in connection with any injury or claim arising from an offender being present on school property pursuant to permission granted by that superintendent, principal, or school master. C. For purposes of this Section: (1) “School property” means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.
(2) “Public park or recreational facility” means any building or area owned by the state or by a political subdivision which is open to the public and used or operated as a park or recreational facility and shall include all parks and recreational areas administered by the office of state parks in the Department of Culture, Recreation and Tourism.
D. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more one year, or both.
LSA-R.S. § 14:91.1 (West 2008)
A sexually violent predator may not be physically present on the property of any public or private school or in any vehicle used to transport students to and from school when persons under the age of 18 are present unless the offender has permission to be present from the school superintendent or headmaster.
Sexually violent predators may not physically reside within 1000 feet of any public or private school, day care facility, playground, youth center, public swimming pool or free-standing video arcade facility.
EFFECTIVE SEPTEMBER 1st 2009
LSA § 14:91.1 Unlawful Presence of a Sexually Violent Predator
A. Unlawful Presence of a Sexually Violent Predator is:
(2) The physical residing of a sexually violent predator within one thousand feet of any public or private elementary or secondary school [deleted text] center, group home, residential home, or child care facility, family child day care home, playground, public or private youth center, public swimming pool, or free standing video arcade facility.
LSA-R.S. § 15:544 (West 2008)
A. Except as provided for in Subsection B of this Section, a person required to register and provide notification pursuant to the provisions of this Chapter shall comply with the requirement for a period of fifteen years from the date of the initial registration, or the duration of the lifetime of the offender as provided in Subsection E of this Section. The requirement to register shall apply to an offender who is pardoned.
B. (1) A person required to register pursuant to this Chapter who was convicted of a sexual offense against a victim who is a minor as defined in R.S. 15:541 shall register and maintain his registration and provide community notification pursuant to the provisions of this Chapter for a period of twenty-five years from the date of initial registration, or the duration of the lifetime of the offender as provided in Subsection E of this Section, unless the underlying conviction is reversed, set aside, or vacated. The requirement to register shall apply to an offender who is pardoned.
E. (1) Notwithstanding the provisions of Subsection A or Paragraph (B)(1) of this Section, the court, upon motion of the district attorney, and after a contradictory hearing, shall have the authority to order a person required to register and provide notification pursuant to the provisions of this Chapter to register and notify for the duration of the lifetime of the offender upon a showing by a preponderance of the evidence that the offender poses a substantial risk of committing another offense requiring registration pursuant to this Chapter.
>Within 30 days of release; 45 days of entering state; 10 days of changing address
1st failure $1,000 fine and/or 1 year imprisonment; 2ndfailure up to 3 years imprisonment without parole, probation or suspension
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