Menu

Title

Subtitle

Blog Component

Prohibited Communication Between Offender and Victim Louisiana

Communication between offender and victim prohibited – La. R.S. 46:1846

A person who has been charged by bill of information or indictment with any crime of violence or any offense, that is a felony, committed upon a family member, household member, or dating partner or any immediate family member of such person, is prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members for which the person has been charged or for which disposition of the case is pending.

Trabajo En Equipo De Compañeros De Trabajo Abogado Consulta Y Conferencia De Profesionales Abogadas Trabajando En Despacho En Oficina Conceptos De La Ley Juez Martillo Foto Con Balanza De La Justicia Foto

These provisions apply to communication between the offender or his immediate family member and the victim, or any of his immediate family members, unless both of the following provisions are satisfied:

(1) The victim consents to the communication through the local prosecuting agency.

AND

(2) The communication is made through the counsel of the offender, counsel’s staff or representative, or the offender himself if he is representing himself at trial.

Additionally, a person who has been sentenced for a crime of violence or any offense, that is a felony, committed upon a family member, household member, or dating partner or any immediate family member of such person, shall be prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members, for which the person has been sentenced unless the victim or his immediate family members initiate the communication through the Department of Public Safety and Corrections, and it is agreed that the victim and the offender participate in a formally defined restorative justice program administered through the department.

Under Louisiana law, “Immediate family member” means the spouse, mother, father, aunt, uncle, sibling, or child of the offender, whether related by blood, marriage, or adoption.

Penalties

Whoever violates the provisions of this Section shall be criminally charged pursuant to the provisions of R.S. 14:79 – Violation of Protective Order.

Legal Assistance

If you have been arrested or charged with violating a protective order or any domestic violence related crime, contact louisiana dwi lawyer She has the necessary experience to advocate for you.

Readmore Second Degree Rape / Forcible Rape — Louisiana Law

 
 
 
 
 Posted in General

Theft Laws– Louisiana

New Orleans Theft Defense Attorney

Theft — La RS 14:67

Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.  An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.

Penalties

When the misappropriation or taking amounts to a value of $25,000.00 or more shall be imprisoned, with or without hard labor, for not more than 20 years, or may be fined not more than $50,000 , or both.  This is a Felony.

Juez Martillo Con Balanza De La Justicia Abogadas Profesionales Trabajando En El Bufete De Abogados En La Oficina Conceptos De Derecho Foto de stock y más banco de imágenes de Abogado -

When the misappropriation or taking amounts to a value of $5000 or more, but less than a value of $25,000.00 , the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $10,000.00 , or both.

When the misappropriation or taking amounts to a value of $1000 or more, but less than a value of $5,000.00 , the offender shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $3,000.00 , or both.

When the misappropriation or taking amounts to less than a value of $1000 dollars, the offender shall be imprisoned for not more than 6 months, or may be fined not more than $1,000.00, or both.  If the offender in such cases has been convicted of theft 2 or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than 2 years, or may be fined not more than $2,000.00, or both.  Generally, this is a misdemeanor.

**  When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense.

Legal Representation

If you are being accused of theft, contact louisiana dwi lawyer She is prepared to serve as your advocate.

0 comments
 Posted in General

Computer Aided Solicitation Of A Minor Louisiana Law

Computer Aided Solicitation of a Minor Defense

The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.

Juez Martillo Con Balanza De La Justicia Hombres Abogados Con Despacho En La Oficina Conceptos De Derecho Foto de stock y más banco de imágenes de Abogado - iStock

The penalties for violating the computer-aided solicitation statute are severe.  Whoever commits this crime must register as a sex offender for 25 years and serve a mandatory prison term.  The statute also specifically denies eligibility for probation, parole, or suspension of sentence.  It should be understood that the defendant is not eligible for good time either so the sentence is served flat.  This offense may not be expunged in the future.
Computer-aided solicitation of a minor is committed when a person 18 years of age or older knowingly contacts or communicates, through the use of email, chat rooms, text messages, instant messages, etc… with a person who is under the age of 17 or a person reasonably believed to be under the age of 17, for the purpose of or with the intent to persuade, induce, entice, or coerce the person to engage or participate in sexual conduct or a crime of violence , or with the intent to engage or participate in sexual conduct in the presence of the person who has not yet attained the age of 17.  The statute for this offense is La. R.S. 14:81.3

 

The sentencing for Computer Aided Solicitation of a Juvenile is as follows:

  • The victim is 13 years old but not yet 17 years old — fine not more than $10,000 dollars and imprisoned at hard labor for not less than 5 years nor more than 10 years, without benefit of parole, probation, or suspension of sentence.
  • The victim is under the age of 13 — fined not more than 10,000 dollars and imprisoned at hard labor for not less than 10 years nor more than 20 years, without benefit of parole, probation, or suspension of sentence.
  • The victim is a person reasonably believed to have not yet attained the age of 17 — fined not more than $10,000 dollars and imprisoned at hard labor for not less than 2 years nor more than 10 years, without benefit of parole, probation, or suspension of sentence.  This is usually when the person on the other end of the communications is an undercover cop rather than an actual juvenile.
  • If the computer-aided solicitation results in actual sexual conduct between the offender and victim and the difference between the age of the victim and the age of the offender is 5 years or greater — fined not more than $10,000 dollars and imprisoned, with or without hard labor, for not less than 7 years nor more than 10 years.
  • On a second conviction, the offender shall be imprisoned for not less than 10 years nor more than 25 years at hard labor without benefit of parole, probation, or suspension of sentence.

Defenses

Consent is not a defense to a prosecution if the juvenile consented to participation in the activity.

It is not a defense to a prosecution, on the basis of consent or otherwise, that the person reasonably believed to be under the age of 17 is actually undercover law enforcement.

Legal Representation

Attorney Elizabeth Bagert Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes.  She has significant experience defending Cyber Crimes / Internet Crime. 

 

If you need a louisiana dwi lawyer today for a consultation. She is ready to plan a defense.

Readmore Second Degree Rape / Forcible Rape — Louisiana Law

0 comments
 Posted in General

Search

Archive

Comments

There are currently no blog comments.