Legal Question in Criminal Law in Louisiana

Legal age of consent

If in 2001 a 17 year-old male and a 15 year-old female engaged in sexual activity, and her parents found out 6 months later and didnt take any legal action. The girl was not forced or anything. Now 2 years later the girl is 17 and the male is 19. The females parents dont want them seeing each other, but they still do. Can her parents have him arrested for what happened in 2001? If the continue to see each other can he be arrested, even though she is of age?


Asked on 4/17/03, 3:14 pm

2 Answers from Attorneys

Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: Legal age of consent

The time limitation for instituting a prosecution still have not yet run. The only question is will the police and/or DA have any interest in taking the case after all the time that's passed.

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Answered on 4/17/03, 3:29 pm
Andrew Casanave Andrew M. Casanave

Re: Legal age of consent

The crimes "Carnal Knowledge of a Juvenile", "Indecent Behavior with a Juvenile" and "Molestation of a Juvenile" require that the offender be more than two years older than the victim. The statutes do not clearly state 24 months or 730 days, merely two years.

Although I cannot guarantee this, very few District Attorneys will have great interest in a case involving less than 36 months age difference.

The victimization involves the adult and the significantly younger juvenile. While it may be a technical violation there is a real possibility that the District Attorney will not choose to prosecute.

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Answered on 4/17/03, 9:33 pm


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