West Monroe, LA asked in Criminal Law for Louisiana

Q: What is the charge of rubbing a minors private area and the degree of offense.what are the possible consequences of this

What if the offender is a family member.

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Louisiana, rubbing a minor's private area would likely be considered sexual battery or molestation of a juvenile, depending on the specific circumstances of the case.

Sexual battery (LA RS 14:43.1):

- Intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing.

- If the victim is under 13 years old, it is punishable by imprisonment for 25-99 years at hard labor, with at least 25 years without the benefit of parole, probation, or suspension of sentence.

Molestation of a juvenile (LA RS 14:81.2):

- Any lewd or lascivious act upon the person or in the presence of any child under the age of 17, where there is an age difference of greater than two years between the two persons, with the intention of arousing or gratifying the sexual desires of either person.

- Punishable by imprisonment for 5-20 years at hard labor, with at least 5 years without the benefit of parole, probation, or suspension of sentence.

If the offender is a family member, it may be considered aggravated incest (LA RS 14:78.1), which is any act of sexual battery, molestation of a juvenile, or any other sexual act committed by an offender related to the victim as a parent, grandparent, child, grandchild, brother, sister, aunt, uncle, niece, or nephew. Aggravated incest is punishable by imprisonment for 5-20 years at hard labor.

Consequences may also include:

- Sex offender registration

- Probation or parole supervision

- Counseling or treatment

- Restrictions on contact with minors

Note that this information is for general guidance only and should not be considered legal advice. Always consult with a qualified attorney for case-specific advice.

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