§81.2. Molestation of a juvenile or a person with a physical or mental disability
A.(1) Molestation of a juvenile is the commission by anyone over the age of
seventeen of 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, with the intention of arousing or gratifying the sexual desires of either person,
by 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. Lack of knowledge of the juvenile's age shall not be a defense.
(2) Molestation of a person with a physical or mental disability is the commission
by anyone over the age of seventeen of any lewd or lascivious act upon the victim or in the
presence of any victim with the intention of arousing or gratifying the sexual desires of either
person, by 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 victim, when any of the following conditions exist:
(a) The victim has paraplegia, quadriplegia, or is otherwise physically incapable of
preventing the act due to a physical disability.
(b) The victim is incapable, through unsoundness of mind, 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.
B.(1) Whoever commits the crime of molestation of a juvenile, when the victim is
thirteen years of age or older but has not yet attained the age of seventeen, shall be fined not
more than five thousand dollars, or imprisoned, with or without hard labor, for not less than
five nor more than ten years, or both. 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 molestation of a juvenile, when the victim is
thirteen years of age or older but has not yet attained the age of seventeen, and 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 five nor more
than twenty years, or both. 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.
(3)(a) Whoever commits the crime of molestation of a juvenile, when the victim is
thirteen years of age or older but has not yet attained the age of seventeen, and when the
offender is an educator of the juvenile, shall 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. At least five years of the sentence imposed shall be without the benefit of parole,
probation, or suspension of sentence, and 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.
(b) For purposes of this Subsection, "educator" means any teacher or instructor,
administrator, staff person, or employee of any public or private elementary, secondary,
vocational-technical training, special, or postsecondary school or institution, including any
teacher aide, paraprofessional, school bus driver, food service worker, and other clerical,
custodial, or maintenance personnel employed by a private, city, parish, or other local public
school board.
C.(1) Whoever commits the crime of molestation of a juvenile by violating the
provisions of Paragraph (A)(1) of this Section, 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. At least five years of the sentence imposed shall be without benefit
of parole, probation, or suspension of sentence. After five years of the sentence have been
served, the offender, who is otherwise eligible, may be eligible for parole if a licensed
psychologist, medical psychologist, or a licensed clinical social worker or a board-certified
psychiatrist, after psychological examination, including testing, approves.
(2) Conditions of parole shall include treatment in a qualified sex offender program
for a minimum of five years, or until expiration of sentence, whichever comes first. The state
shall be responsible for the cost of testing, but the offender shall be responsible for the cost
of the treatment program. It shall also be a condition of parole that the offender be prohibited
from being alone with a child without the supervision of another adult.
(3) For purposes of this Subsection, a "qualified sex offender program" means one
which includes both group and individual therapy and arousal reconditioning. Group therapy
shall be conducted by two therapists, one male and one female, at least one of whom is
licensed as a psychologist or medical psychologist or is board certified as a psychiatrist or
clinical social worker.
D.(1) Whoever commits the crime of molestation of a juvenile when the victim is
under the age of thirteen years shall be imprisoned at hard labor for not less than twenty-five
years nor more than ninety-nine years. At least twenty-five years of the sentence imposed
shall be served without benefit of probation, parole, or suspension of sentence.
(2) Whoever commits the crime of molestation of a person with a physical or mental
disability shall be imprisoned at hard labor for not less than twenty-five years nor more than
ninety-nine years. At least twenty-five years of the sentence imposed shall be served without
benefit of probation, parole, or suspension of sentence.
(3) Upon completion of the term of imprisonment imposed in accordance with
Paragraphs (1) and (2) of this Subsection, the offender shall be monitored by the Department
of Public Safety and Corrections through the use of electronic monitoring equipment for the
remainder of his natural life.
(4) Unless it is determined by the Department of Public Safety and Corrections,
pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual
offender is unable to pay all or any portion of such costs, each sexual offender to be
electronically monitored shall pay the cost of such monitoring.
(5) The costs attributable to the electronic monitoring of an offender who has been
determined unable to pay shall be borne by the department if, and only to the degree that,
sufficient funds are made available for such purpose whether by appropriation of state funds
or from any other source.
(6) The Department of Public Safety and Corrections shall develop, adopt, and
promulgate rules in the manner provided in the Administrative Procedure Act that provide
for the payment of such costs. Such rules shall contain specific guidelines which shall be
used to determine the ability of the offender to pay the required costs and shall establish the
reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that
an offender who is able to pay a portion, but not all, of such costs may be required to pay
such portion.
E. Repealed by Acts 2020, No. 352, §2.
Acts 1984, No. 220, §1; Acts 1990, No. 590, §1; Acts 1991, No. 925, §1; Acts 1999,
No. 1309, §2, eff. Jan. 1, 2000; Acts 2006, No. 36, §§1, 2; Acts 2006, No. 103, §1; Acts
2006, No. 325, §2; Acts 2008, No. 33, §1; Acts 2008, No. 426, §1; Acts 2009, No. 192, §1,
eff. June 30, 2009; Acts 2009, No. 251, §13, eff. Jan. 1, 2010; Acts 2010, No. 763, §1; Acts
2011, No. 67, §1; Acts 2020, No. 352, §2.