§ 14:81 — Indecent behavior with juveniles

Louisiana § 14:81

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§81. Indecent behavior with juveniles
A. Indecent behavior with juveniles is the commission of any of the following acts
with the intention of arousing or gratifying the sexual desires of either person:
(1) Any lewd or lascivious act upon the person or in the presence of any child under
the age of seventeen, where there is an age difference of greater than two years between the
two persons. Lack of knowledge of the child's age shall not be a defense.
(2) The transmission, delivery or utterance of any textual, visual, written, or oral
communication depicting lewd or lascivious conduct, text, words, or images to any person
reasonably believed to be under the age of seventeen and reasonably believed to be at least
two years younger than the offender. It shall not be a defense that the person who actually
receives the transmission is not under the age of seventeen.
(3) The grooming of a child under the age of seventeen, where the offender is at least
four years older than the child. Completion or attempt to complete such act is not necessary
to constitute grooming. Lack of knowledge of the child's age shall not be a defense.
B. The trial judge shall have the authority to issue any necessary orders to protect the
safety of the child during the pendency of the criminal action and beyond its conclusion.
C. For the purposes of this Section, the following terms shall have the following
meanings:
(1) "Grooming" shall mean the pursuit of an intimate relationship with a child under
the age of seventeen by means of seduction, emotional manipulation, threats, promises,
coercion, enticement, isolation, or extortion with the specific intent to commit a sex offense
as defined in R.S. 15:541 against the minor, whether aggravated or not.
(2) "Textual, visual, written, or oral communication" means any communication of
any kind, whether electronic or otherwise, made through the use of the United States mail,
any private carrier, personal courier, computer online service, internet service, local bulletin
board service, internet chat room, electronic mail, online messaging service, or personal
delivery or contact.
D. The provisions of this Section shall not apply to the transference of such images
by a telephone company, cable television company, or any of its affiliates, free over-the-air
television broadcast station, an Internet provider, or commercial on-line service provider, or
to the carrying, broadcasting, or performing of related activities in providing telephone, cable
television, Internet, or commercial on-line services.
E. An offense committed under this Section and based upon the transmission and
receipt of textual, visual, written, or oral communication may be deemed to have been
committed where the communication was originally sent, originally received, or originally
viewed by any person.
F, G. Repealed by Acts 2020, No. 352, §2.
H.(1) Whoever commits the crime of indecent behavior with juveniles shall be fined
not more than five thousand dollars, or imprisoned with or without hard labor for not more
than seven 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.
(2) Whoever commits the crime of indecent behavior with juveniles on a victim
under the age of thirteen when the offender is seventeen years of age or older, shall be
punished by imprisonment at hard labor for not less than two nor more than twenty-five
years. At least two years of the sentence imposed shall be served without benefit of parole,
probation, or suspension of sentence.
(3) Repealed by Acts 2020, No. 352, §2.

Legislative History

Amended by Acts 1956, No. 450, §1; Acts 1968, No. 647, §1; Acts 1977, No. 537, §1; Acts 1984, No. 423, §1; Acts 1986, No. 406, §1; Acts 1990, No. 590, §1; Acts 1997, No. 743, §1; Acts 2006, No. 103, §1; Acts 2006, No. 224, §1; Acts 2009, No. 198, §1; Acts 2010, No. 763, §1; Acts 2020, No. 352, §2; Acts 2025, No. 97, §1.