Art. 804. Definitions
As used in this Title:
(1)(a) Before March 1, 2019, and on or after April 19, 2024, "child" means any
person under the age of twenty-one, including an emancipated minor, who commits a
delinquent act before attaining seventeen years of age.
(b) From March 1, 2019, and until June 30, 2020, "child" means any person under
the age of twenty-one, including an emancipated minor, who commits a delinquent act on
or after March 1, 2019, until June 30, 2020, when the act is not a crime of violence as
defined in R.S. 14:2 and occurs before the person attains eighteen years of age.
(c) From July 1, 2020, until April 19, 2024, "child" means any person under the age
of twenty-one, including an emancipated minor, who commits a delinquent act on or after
July 1, 2020, until April 19, 2024, and before the person attains eighteen years of age.
(2) "Child care institution" means a nonprofit, licensed private or public institution
which accommodates no more than twenty-five children and which is not a detention facility,
a forestry camp, a training school, or any other facility operated primarily for the detention
of children who are determined to be delinquent.
(3) "Delinquent act" means an act committed by a child of ten years of age or older
which if committed by an adult is designated an offense under the statutes or ordinances of
this state, or of another state if the offense occurred there, or under federal law, except traffic
violations. It includes an act constituting an offense under R.S. 14:95.8, an act constituting
an offense under R.S. 14:81.1.1(A)(2), and a direct contempt of court committed by a child.
"Delinquent act" shall not include a violation of R.S. 14:82, 83.3, 83.4, 89, or 89.2 for a child
who, during the time of the alleged commission of the offense, was a victim of trafficking
of children for sexual purposes pursuant to R.S. 14:46.3(E).
(4) "Delinquent child" means a child who has committed a delinquent act.
(5) "Felony-grade delinquent act" means an offense that if committed by an adult,
may be punished by death or by imprisonment at hard labor. "Felony-grade delinquent act"
shall not include a violation of R.S. 14:82, 83.3, 83.4, 89, or 89.2 for a child who, during the
time of the alleged commission of the offense, was a victim of trafficking of children for
sexual purposes pursuant to R.S. 14:46.3(E).
(6) "Insanity" means a mental disease or mental illness which renders the child
incapable of distinguishing between right and wrong with reference to the conduct in
question, as a result of which the child is exempt from criminal responsibility.
(7) "Mental incapacity to proceed" means that, as a result of mental illness or
developmental disability, a child presently lacks the capacity to understand the nature of the
proceedings against him or to assist in his defense.
(8) "Misdemeanor-grade delinquent act" means any offense which if committed by
an adult is other than a felony and includes the violation of an ordinance providing a penal
sanction.
(9) "Sexually exploited child" means any person under the age of eighteen who has
been subject to sexual exploitation because the person:
(a) Is a victim of trafficking of children for sexual purposes under R.S. 14:46.3.
(b) Is a victim of child sex trafficking under 18 U.S.C. 1591.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005;
Acts 2010, No. 594, §1; Acts 2010, No. 993, §1; Acts 2012, No. 446, §6; Acts 2013, No.
429, §3, eff. June 24, 2013; Acts 2016, No. 501, §2, eff. June 14, 2016; Acts 2018, No. 654,
§1, eff. June 1, 2018; Acts 2024, 2nd Ex. Sess., No. 13, §1, eff. April 19, 2024.