Legal Question in Criminal Law in Louisiana

Hello, I have a quick question about a situation my younger (who lives in Louisiana) brother is in. My brother is 19, and he's been seeing someone who is 15. Apparently they were parked outside of this kids house and someone called the police. My brother was charged with lewd conduct with a minor and contributing to the delinquency of a minor (because the kid was out past curfew). Once the police got him to the station, he admitted that they were in a relationship, and through further investigation they found out that they've been sexually involved. Made bail and had a court date set for January 9th. He then violated his bail by contacting this kid again, and was brought back to jail. He's never been in any legal trouble before.. I guess my question is what kind of time could he be looking at? Thanks!


Asked on 12/30/13, 5:44 am

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

The key is the distance between their birthdays. The age of consent for sex in Louisiana is 17. If their birthdays were within 2 years of each other there would be no crime. If their birthdays are within 4 years the charge is Misdemeanor Carnal Knowledge of a Juvenile. The penalty is up to 6 months in jail and up to $500 in fines. If their birthdays are more than 4 years apart, then it is Felony Carnal Knowledge and the penalties are up to 25 years at hard labor and sex offender registration after release.

Considering he is 19, many prosecutors, if he is slightly more than 4 years older, will permit a plea to the misdemeanor even though technically the felony fits the facts. Best wishes to you and your brother.

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Answered on 12/30/13, 6:05 am


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