What is the Age of Consent in Louisiana?
The legal age of consent in Louisiana, as outlined in Louisiana statute, is governed by Article 14:78.1 of the Revised Statutes, as well as Articles 223 and 224 of the Criminal Code. Under Article 14:78.1, if the two individuals involved are no less than sixteen years of age, the age of consent in Louisiana is sixteen. This means a person sixteen years or older can consent to sexual activity.
Any individual younger than the legal age of consent in Louisiana is not legally able to give that consent — even if the other individual involved attempts to obtain that consent. Within the state of Louisiana, the Code defines statutory rape as sexual intercourse with a person of either sex who is not the spouse of the offender, and who is under the age of consent . If the individual is at least thirteen years old, Article 14:80 defines the criminal penalty as follows:
Article 80 was amended into law in 1978 and has not been changed ever since. Legally, a person cannot be convicted of criminal sexual conduct unless the victim is at least one year younger than the defendant. In other words, a sex offender would have to be fourteen years old or older to be convicted for sex crimes against a person thirteen years old.
Sex crimes carry with them harsh penalties in the State of Louisiana. A person convicted of statutory rape, as defined in Articles 78.1 and 80, faces at least 25 years of incarceration. That time does not include parole for these individuals.
An Overview of the Age of Consent Statute in Louisiana
Historically, Louisiana’s legal age of consent laws have undergone several changes over the years, although there have been no major overhauls in recent decades. Consent was intrinsically tied to marital status. The first pornographic writings of the 1700s addressed the illegality of sex between the unmarried. Case law surrounding fornication (unmarried), adultery (married), sodomy (homosexual acts), and concubinage (living together) held sway for nearly two centuries, rejecting adultery and concubinage to distinguish the necessarily bad behavior of a married person from the mere free will of the unmarried. These laws were common in French civil law and other European countries, and continued to influence Louisiana, despite their abolition in the United States after the 19th century.
The Louisiana Code of Practice, adopted in 1825, stated that "an agreement to have unlawful connection does not impart the power of consent." Two years later, the Code Napoléon (Napoleonic Code) and Louisiana Constitution both expressly required the consul of the state to be a married man. In fact, for many years, age did not even play a role in this discussion.
In 1866, the Code Napoleon was amended to extend the ages of consent to eleven and thirteen years old, respectively. Victimhood would not be couched in terms of consent; a minor’s consent (i.e. sex) was now prohibited. Whether or not the minor consented was not an issue; sex under these ages amounted to a crime. Not until a generation later, in 1890, was UN-consent defined in Louisiana’s codified laws.
A revision to the 1866 Code Napoleon, Louisiana Revised Statutes (LRS) 14:81.2, was passed in 1950 to include penalties for any such sexual contact. The revision was later declared unconstitutional by the Supreme Court of Louisiana, which ascertained that LRS 14:81.2 encompassed sexual contact among minors themselves, negating the element of non-consent. A new statute was passed in 1952 (La. R.S. 14:81) to address sexual offenses, which remained relatively unchanged until the Coming of Age Act of 1997 (La. R.S 14:80). This is the statute that defines Louisiana’s current legal age of consent for sexual activity of minors as sixteen years old.
Revisions to the Coming of Age Act in 2014 (Act 1 and Act 334) include: The coming of age act has not changed since then.
Age of Consent Exceptions Under Louisiana Statutes
The legal implications of the age of consent can be severe, both for the person below that age, and for the person above that has sexual contact with them. A person who is under the age of consent is legally incapable of giving consent for sexual contact or intercourse at common law.
For example, a sixteen-year-old girl cannot legally consent to sexual intercourse with a man of thirty years. Legally, such an encounter would be considered a crime, given that the girl is too young to approve consent. The age of consent varies from jurisdiction to jurisdiction, and scholars have argued as to its status as a "reasonable" age. Some argue that the age of consent itself is a violation of individual rights.
Minimum and Maximum Penalties
There are minimum and maximum penalties set for various ages, both below and above the minimum age of consent. In Louisiana, the penalties for charges such as statutory rape – defined as "carnal knowledge of a juvenile," where a person aged thirteen or under has sexual contact with a person aged seventeen or older – are as follows:
While it may seem obvious that a person over the age of seventeen that has sexual contact with a person aged thirteen or under falls under Louisiana’s statutory rape laws, it is important to remember that it is not just a threshold issue of mere age that defines consent. Various other parties have been targeted by the severity of Louisiana statutory rape laws, including teachers, family members, employers, and even therapists. Louisiana law states that "defendants convicted of violating Louisiana’s statutory rape laws are subject to sentencing under a provision that requires a harsh sentence, regardless of the particular circumstances of the case."
For those persons who attempt to argue that such penalties are in violation of their individual rights, many cases have found ambiguities and contradictions in cases as to whether such sentencing is cruel and unusual, and whether such penalties violate Louisiana law. But in nearly every case brought, penalties for sex offenders have been previously upheld.
Implications of the Age of Consent Statute in Louisiana
Under Louisiana state law, a person cannot consent to sexual acts until the age of 17. After that age, sexual activity is legal as long as each party agrees to participate. However, not all sexual encounters are necessarily going to end up in front of the courts. Even if you have questions about the legality of your situation or want to know if you can be prosecuted, there are exceptions to the laws.
For instance, you should know that if you are under the age of 17 and engaging in sex with someone else who is under 17, then you cannot be prosecuted. This is often referred to as the close-in-age exemption. While you might encounter issues with school, family members , or peers about your relationship, law enforcement and courts will be able to handle the issue without prosecution.
Also, a minor cannot be prosecuted for his or her sexual relations with another minor if both minors are within four years of each other. Some people refer to this as the Romeo and Juliet exception; however, the actual age difference differs based on which crimes are committed.
Another thing to know is that due to limitations on penalties when an accused has had more than one conviction, the penalty scheme provides that no additional penalty will apply to any convictions under the age of 19. For sentencing purposes, only the first conviction will be considered a felony.
How Does Louisiana’s Age of Consent Compare with Other States?
While Louisiana law on the legal age of consent is fairly consistent with the laws of a number of other states, there are notable differences. In some states, the legal age of consent is 18. In other states, the legal age of consent varies based on whether the offenses is charged as a felony or a misdemeanor. For example, Illinois law sets the legal age of consent at 17 for misdemeanor charges, while the age is 18 for felony charges. The legal age of consent in Pennsylvania is 16. In Wyoming, minors who are at least 16 years old can consent to sexual conduct with one another and those over the age of 18.
In Michigan and Minnesota, 16 is the legal age of consent. However, age of consent laws in Michigan are rather complex. Individuals who are 13 years old or older can consent to engage in sexual acts, but only if the other person is less than 4 years older. Otherwise, the age of consent is 16 years old.
In New York, the legal age of consent is 17. New York also has a close-in-age exception that applies in certain circumstances. This exception does not apply if the younger person is 14 years of age or younger.
The legal age of consent is 12 in Japan, but family law courts are subject to strict standards of authority. If those standards are not met, the court may intervene, and the sex can be considered rape, even if the younger individual did consent.
Protecting Minors from Abuse and Reporting Responsibilities
One of the most important goals in any society is the protection of its most vulnerable citizens. The law provides certain mechanisms for protecting minors in Louisiana law. Louisiana law makes the age of sexual consent 17 years of age. Sexual contact with a minor under 17 years of age can constitute a crime in Louisiana, regardless of whether the victim consents or not. Louisiana also provides civil remedies intended to protect children that are victims of abuse. Louisiana laws provides the authority to contact the State Department of Children and Family Services to report any acts of abuse and/or neglect.
Article 603 of the Louisiana Code of Civil Procedure provides that "the purpose of a suit for protective order shall be to secure the safety and welfare of a minor child in cases in which there is a substantial threat that the parent or person with legal custody of that child is preventing the other parent from exercising visiting or custodial rights." Article 613 of the Louisiana Code of Civil Procedure grants the authority to a court to issue an ex parte order for protection against abuse. The purpose of this order is to "secure the safety and welfare of a person by prohibiting the defendant from committing certain acts or types of acts against the person or minor child of the person." The definition of abuse as defined by Louisiana law includes any harm by the offender that may cause the endangered person to reasonably fear future harm, such as stalking and/or harassment.
Should it be alleged that a minor has been subjected to sexual abuse or sexual exploitation , Louisiana law provides that any of the below categories of persons may be required to make reports of these allegations: All of the aforementioned groups of individuals must notify the proper authorities when it is reasonable to suspect that a minor has been sexually abused or sexually exploited. Accordingly, if a minor in New Orleans, Covington, Slidell, or Baton Rouge, or any other city in Louisiana, is the subject of sexual abuse or sexual exploitation, anyone and everyone in the above categories of individuals can report the suspected abusive activities to the Louisiana State Department of Children and Family Services as well as to the police.
Reports of sexual abuse can be made only to the State Department of Children and Family Services, the police, or the district attorney’s office having jurisdiction over the "location of the alleged abuse or exploitation." Should a citizen report suspected abuse to another state agency or entity, the report should be immediately referred to the Louisiana State Department of Children and Family Services.
Victims of abuse and neglect in Louisiana have had their interests protected by the establishment of the Advocacy Center for Louisiana’s Children. The program was established in November 2000 by the Louisiana State Department of Health and Hospitals to provide necessary services to children who are victims of child abuse, neglect or exploitation, while preserving their safety. The objectives of this specialized team are: The Advocacy Center for Louisiana’s Children has locations in New Orleans, Baton Rouge and Shreveport. These locations are designed to be a "comfortable, private environment" for victims and their families.