LOUISIANA : Rape/Molestation Statutes of Limitation
Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
1. When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.
2. When the victim is incapable, through unsoundness of mind, whether temporary or permanent, or understanding the nature of the act and the offender knew or should have known of the victim's incapacity.
3. When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
Forcible rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:
1. When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.
2. When the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.
Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than five nor more than forty years. At least two years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.
Aggravated rape is a rape committed upon a person sixty-five (65) years of age or older or under the age of thirteen (13) or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:
1. When the victim resists the act to the utmost, but whose resistance is overcome by force.
2. When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.
3. When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
4. When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.
5. When two or more offenders participated in the act.
6. When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Molestation of a juvenile is the commission by anyone over the age of seventeen (17) of any lewd or lascivious act upon the person or in the presence of any child under the age of seventeen (17), where all of the following conditions exist:
1. an age difference of greater than two years between the two persons
2. the intention of arousing or gratifying the sexual desires of either person
3. the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile.
A. Whoever commits the crime of molestation of a juvenile shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not less than one nor 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.
B. Whoever commits the crime of molestation of a juvenile when the offender has control or supervision over the juvenile shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than one nor more than twenty years, or both, provided that the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with Code of Criminal Procedure Article 893.
C. Whoever commits the crime of molestation of a juvenile when the incidents of molestation recur during a period of more than one year shall, on first conviction, be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than five nor more than forty years, or both.
There is no statute of limitations in Louisiana for any act that would incur a death or life imprisonment sentence.
Bob commits aggravated rape against Jane. In the state of Louisiana, there is no limit to the time Jane has to seek charges against Bob.
The statute of limitations for any felony act against a minor that isn't punishable by life imprisonment is ten (10) years from the age of majority (18).
Bob touches Jane inappropriately (sexual battery) when she's 13. She doesn't tell anyone about it for years. When she turns 18, she decides she needs to report the crime. Jane has ten (10) years from her 18th birthday to report Bob's actions.
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