Louisiana Second Degree Sexual Battery Law

The Louisiana legal definition for second degree sexual battery can be found under Louisiana Revised Statutes 14:43.1. It is the intentional engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim:

(1)  The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or

(2)  The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

Penalty

Whoever commits the crime of second degree sexual battery shall be punished by imprisonment for not more than 15 years, with or without hard labor, without benefit of parole, probation, or suspension of sentence.

Whoever commits the crime of second degree sexual battery on a victim under the age of 13 when the offender is 17 years old or older shall be punished by imprisonment at hard labor for not less than 25 – 99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Any person who is 17 years old or older who commits the crime of second degree sexual battery shall be punished by imprisonment at hard labor for 25 – 99 years, at least 25 years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence, when any of the following conditions exist:

(a)  The victim is  physically incapable of preventing the act due to a physical disability.

(b)  The victim is incapable of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.

(c)  The victim is sixty-five years of age or older.

The court may sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.  This is a very controversial procedure.

Anyone convicted of Second Degree Sexual Battery shall register as a Sex Offender with the state for Life, to be conducted quarterly.

Legal Representation

If you need a sex crimes attorney, contact New Orleans attorney Elizabeth Bagert Carpenter. If you have been accused of a Sex Crime, contact our office today to schedule a consultation.   We would like to consult with you.

Disclaimer:

Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.