Louisiana Sex Offenders

LSA-R.S. § 15:541

TIER 1: Registration for 15 years:

Offenses: deferred adjudication, adjudication withheld, a conviction for the perpetration, perpetration or conspiracy to commit any of the following offenses:

14:41 Rape

14:43(A)(3) Simple Rape

14:43.1 Sexual Battery—when the victim is 18 years or over

14:43.5 Intentional exposure of AIDS Virus

14:78 Incest

14:78.1 Aggravated Incest

14:80 Felony Carnal Knowledge of a Juvenile

14:81 Indecent Behavior with Juveniles

14:81.4 Prohibited Sexual Conduct Between an Educator and a Student

14:89 Crime Against Nature

14.89.1 Aggravated Crime Against Nature

14:92(A)(7) Contributing to the Delinquency of Juveniles (to perform any sexually immoral act)

14:106(A)(5) Obscenity by Solicitation (of a person under the age of 17)

14:283 Video Voyeurism

14:283.1 Video Voyeurism Second or Subsequent Offense

Note: Deferred adjudication, adjudication withheld, or the conviction for the perpetration, attempted perpetration, or conspiracy to commit one of the offenses above shall be considered a sex offense.

LSA § 15:541 Criminal Offense Against a Victim Who is a Minor

(g) A conviction for the perpetration or attempted perpetration or conspiracy to commit any of the following offenses:

14:45.1 Interference with the Custody of a Child

14:46 False Imprisonment of a Child

14:46.1 False Imprisonment: Offender Armed with a Dangerous Weapon

Registration of any defendant under the age of 18

23:25(A)(4) Minors under 16, prohibits employment for exhibition use

LSA § 14:2 TIER II: Registration for 25 years

14:43.1 Sexual Battery- when the victim is under the age of 18, except under 14:43.1 (C)(2)

14:43.3 Oral Sexual Battery

14:46(B)(2) Human Trafficking

14:78.1 Aggravated Incest- under the circumstances not listed as an “aggravated offense”

14:81.1 Pornography Involving Juveniles

14:81.2 Molestation of a Juvenile

14:82.1 Prostitution; Persons under Seventeen

14:84(1)(3)(5)(6) Pandering

14:86 Enticing minors into Prostitution

14:89.1 Aggravated Crime Against Nature

TIER III: Lifetime Registration

LSA 15:541(1)(a-m)-a conviction for the perpetration or attempted perpetration of, or conspiracy to commit, any of the following:

14:42 Aggravated Rape

14:42.1 Forcible Rape

14:43 Simple Rape – under the provisions of (A)(1) and (2)

14:43.1(C)(2) Sexual Battery when prosecuted under this provision

14:43.2 Second Degree Sexual Battery when prosecuted under this provision

14:44 Aggravated Kidnapping of a child who has not attained the age of eighteen years.

14:44.2 Aggravated Kidnapping of a child

14:45 Simple Kidnapping of a child who has not attained the age of eighteen years.

14:78.1 Aggravated Incest involving sexual intercourse, second-degree sexual battery, oral sexual battery or when prosecuted under the provisions of 14:78.1 (D)(2)

14:81.2(E)(1) Molestation of a Juvenile when prosecuted under this provision

14:89.1 Aggravated Crime Against Nature

14:93.5 Sexual Battery of the Infirm

NOTE: Lifetime Registration also applies for any person with a prior conviction or adjudication for an enumerated registration offense, regardless of whether or not the prior offense required registration at the time of commission or conviction and who is subsequently convicted of or adjudicated for an offense which requires registration.

NOTE: A conviction for any offense provided in the above lists includes a conviction for an equivalent offense under the laws of another state, military, territorial, tribal, or federal law.

NOTE: A conviction for the perpetration, attempted perpetration, or conspiracy to commit all of the offenses outlined above shall be considered as a child predator for all circumstances.

LSA-R.S. § 15:542

C. (1) The offender shall register and provide all of the following information to the appropriate law enforcement agencies listed in Subsection B of this Section by the period provided for in Paragraph (2) of this Subsection:

(a) Name and any aliases used by the offender.

(b) Physical address or addresses of residence.

(c) Name and physical address of the place of employment. If the offender does not have a fixed place of employment, the offender shall provide information with as much specificity as possible regarding the places where he works, including but not limited to travel routes used by the offender.

(d) Name and physical address of the school in which he is a student.

(e) Two forms of proof of residence for each residential address provided, including but not limited to a driver's license, bill for utility service, and bill for telephone service. If those forms of proof of residence are not available, the offender may provide an affidavit of an adult resident living at the same address. The affidavit shall certify that the affiant understands his obligation to provide written notice under R.S.

15:542.1.4 to the appropriate law enforcement agency with whom the offender last registered when the offender no longer resides at the residence provided in the affidavit.

(f) The crime for which he was convicted and the date and place of such conviction, and if known by the offender, the court in which the conviction was obtained, the docket number of the case, the specific statute under which he was convicted, and the sentence imposed.

(g) A current photograph.

(h) Fingerprints, palm prints, and a DNA sample.

(i) Telephone numbers, including fixed location phone and mobile phone numbers assigned to the offender or associated with any residence address of the offender.

(j) A description of every vehicle registered to or operated by the offender, including the license plate number and a copy of the offender's driver's license or identification card.

(k) Social security number and date of birth.

(l) A description of the physical characteristics of the offender, including but not limited to sex, race, hair color, eye color, height, age, weight, scars, tattoos, or other identifying marks on the body of the offender.

(m) Every e-mail address, online screen name, or other online identifiers used by the offender to communicate on the Internet. The required notice must be given before any online identifier is used to communicate on the Internet.

(n) Temporary lodging information regarding any place where the offender plans to stay for seven or more days.

(o) Travel and immigration documents, including but not limited to passports and documents establishing immigration status.

Community Notification and Websites

LSA-R.S. § 15:546

(A): Criminal justice agencies shall release relevant and necessary information regarding sex offenders, child predators, and sexually violent predators to the public when the release of the information is necessary for public protection.

Limitations on Residency or Employment

LSA-R.S. § 14:91.2

A. The following acts when committed by a person convicted of a sex offense as defined in R.S. 15:541 when the victim is under the age of thirteen years shall constitute the crime of unlawful residence or presence of a sex offender: (1) The physical presence of the offender in, on, or within one thousand feet of the school property of any public or private elementary or secondary school or the physical presence in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle.

(2) The offender is establishing a residence within one thousand feet of any public or private elementary or secondary school.

(3) The physical presence of the offender in, on, or within one thousand feet of a public park or recreational facility.

(4) The offender is establishing a residence within one thousand feet of any public park or recreational facility.

B. (1) It shall not be a violation of the provisions of this Section if the offender has permission to be present on school premises from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.

(2) If permission is granted to an offender to be present on public school property by the superintendent for that public school pursuant to this Subsection, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender. This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school. The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school. If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.

(3) Any superintendent, principal, or school master who acts in good faith in compliance with this Subsection shall be immune from civil or criminal liability for his actions in connection with any injury or claim arising from an offender being present on school property pursuant to permission granted by that superintendent, principal, or school master. C. For purposes of this Section: (1) “School property” means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.

(2) “Public park or recreational facility” means any building or area owned by the state or by a political subdivision which is open to the public and used or operated as a park or recreational facility and shall include all parks and recreational areas administered by the office of state parks in the Department of Culture, Recreation and Tourism.

D. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more one year, or both.

LSA-R.S. § 14:91.1

A sexually violent predator may not be physically present on the property of any public or private school or in any vehicle used to transport students to and from school when persons under the age of 18 are present unless the offender has permission to be present from the school superintendent or headmaster.

Sexually violent predators may not physically reside within 1000 feet of any public or private school, day care facility, playground, youth center, public swimming pool or free-standing video arcade facility.

EFFECTIVE SEPTEMBER 1st 2009

LSA § 14:91.1 Unlawful Presence of a Sexually Violent Predator

A. Unlawful Presence of a Sexually Violent Predator is:

(2) The physical residing of a sexually violent predator within one thousand feet of any public or private elementary or secondary school [deleted text] center, group home, residential home, or child care facility, family child day care home, playground, public or private youth center, public swimming pool, or free standing video arcade facility.

Duration of Registration

LSA-R.S. § 15:544

A. Except as provided for in Subsection B of this Section, a person required to register and provide notification pursuant to the provisions of this Chapter shall comply with the requirement for a period of fifteen years from the date of the initial registration in Louisiana or the duration of the lifetime of the offender as provided in Subsection E of this Section, unless the underlying conviction is reversed, set aside, or vacated, except for those convictions that were reversed, set aside, or vacated pursuant to Code of Criminal Procedure Article 893 or 894, or a similar provision of federal law or law from another state or military jurisdiction. The requirement to register shall apply to an offender who receives a pardon as a first-time offender pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana and R.S. 15:572(B)(1).

B.(1) A person required to register pursuant to this Chapter who was convicted of a sexual offense against a victim who is a minor as defined in R.S. 15:541 shall register and maintain his registration and provide community notification pursuant to the provisions of this Chapter for a period of twenty-five years from the date of initial registration in Louisiana, or the duration of the lifetime of the offender as provided in Subsection E of this Section, unless the underlying conviction is reversed, set aside, or vacated, except for those convictions that were reversed, set aside, or vacated pursuant to Code of Criminal Procedure Article 893 or 894, or a similar provision of federal law or law from another state or military jurisdiction. The requirement to register shall apply to an offender who receives a pardon as a first-time offender pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana and R.S. 15:572(B)(1).

(2) Any of the following persons required to register pursuant to this Chapter shall register and provide notification for the duration of their lifetime, even if granted a first offender pardon, unless the underlying conviction is reversed, set aside, or vacated, except for those convictions that were reversed, set, aside, or vacated pursuant to Code of Criminal Procedure Article 893 or 894, or a similar provision of federal law or law from another state or military jurisdiction:

(a) A person required to register pursuant to this Chapter who was convicted of an aggravated offense as defined in R.S. 15:541.

(b) A juvenile adjudicated for the enumerated offenses in R.S. 15:542(A)(3).

(c) A person with a prior conviction or adjudication for an offense for which registration is required by the provisions of this Chapter, whether or not the prior offense required registration at the time of commission or conviction, who subsequently is convicted of or adjudicated for an offense which requires registration under the provisions of this Chapter.

C. A person who is required to register pursuant to the provisions of R.S. 15:542.1.3 shall register and maintain his registration and provide community notification pursuant to the provisions of this Chapter for the period of registration provided by the jurisdiction of conviction or for the period of registration provided by the provisions of this Section, whichever period is longer.

D.(1) If an offender begins the period of registration and notification and is subsequently incarcerated for any reason other than a misdemeanor arrest or a misdemeanor conviction or for a felony arrest that does not result in a conviction, then the period of registration and notification shall begin anew on the day the offender is released from incarceration, with no credit for the period of time in which the offender complied with registration and notification requirements prior to his incarceration.

(2) An offender required to register pursuant to the provisions of this Chapter shall receive credit only for the period of time in which he resides in this state and is in compliance with all registration and notification requirements of this state.

E.(1) The registration period of fifteen years established in Subsection A of this Section may be reduced to a period of ten years if the offender maintains a clean record for the entire ten-year period of registration upon motion to be relieved of the sex offender registration in the court of conviction for those convicted in Louisiana, or the court of the parish of residence for those convicted under the laws of another state, or military, territorial, foreign, tribal, or federal law which have been determined to be comparable to a Louisiana offense requiring a fifteen-year registration period by the bureau pursuant to the provisions of R.S. 15:542.1.3. The court shall consider a motion filed pursuant to the provisions of this Subsection only if the motion is accompanied by documentation of completion of an appropriate sex offender treatment program as described in Subparagraph (3)(d) of this Subsection.

(2) The lifetime registration period established in Paragraph (B)(2) of this Section may be reduced to a period of twenty-five years if the offender was adjudicated delinquent for the offense which requires registration and maintains a clean record for twenty-five years upon motion to be relieved of the sex offender registration in the court of adjudication for those adjudicated in Louisiana, or court of the parish of residence for those adjudicated under the laws of another state, or military, territorial, foreign, tribal, or federal law. The court shall consider a motion filed pursuant to the provisions of this Subsection only if the motion is accompanied by documentation of completion of an appropriate sex offender treatment program as described in Subparagraph (3)(d) of this Subsection.

(3) For purposes of this Subsection, an offender maintains a "clean record" by:

(a) Not being convicted of any offense for which imprisonment for more than one year may be imposed.

(b) Not being convicted of any sex offense.

(c) Successfully completing any periods of supervised release, probation, or parole.

(d) Successfully completing an appropriate sex offender treatment program by a registered treatment as provided in R.S. 24:936 or an appropriate sex offender treatment program certified by the Attorney General of the United States.

(e) Complying with all sex offender registration and notification requirements in Louisiana each year for the prescribed period of time pursuant to the provisions of this Chapter.

(4) The following procedures shall apply to the provisions of Paragraphs (1) and (2) of this Subsection:

(a) The district attorney, the Department of Public Safety and Corrections, the office of state police, and the Sexual Predator Apprehension Team of the Department of Justice shall be served with a copy of the motion and documentation related to the successful completion of the appropriate sex offender treatment program as required by Paragraphs (1) and (2) of this Subsection. Upon receipt of the motion and documentation, the following shall occur:

(i) The office of state police shall issue a certification of the offender's history of registration in Louisiana to the court in which the motion was filed. The certification issued by the office of state police shall be admissible and shall be deemed prima facie evidence of the offender's history of registration in Louisiana.

(ii) The Sexual Predator Apprehension Team of the Department of Justice shall conduct a review of the offender's registration, notification, and criminal history and shall determine whether the offender maintained a clean record as defined by Paragraph (3) of this Subsection.

(iii) The district attorney shall review the facts of the underlying sex offense for which the offender is required to comply with the provisions of this Chapter to determine if an objection to the motion is warranted based on continued concerns for public safety.

(b) The court shall order a contradictory hearing to be held not less than sixty days after the date of service of the motion to determine whether the offender is entitled to be relieved of the registration and notification requirements pursuant to the provisions of Paragraphs (1) and (2) of this Subsection. The Department of Public Safety and Corrections, the office of state police, and the Department of Justice shall be given notice of the hearing date and shall have a right to oppose the granting of relief if either determines that the offender does not meet the criteria of having maintained a clean record as defined by Paragraph (3) of this Subsection.

(c) The provisions of Paragraphs (1) and (2) of this Subsection shall not apply to any person who was convicted of more than one offense that requires registration pursuant to the provisions of this Chapter.

(d) The offender has the burden of proving that he has maintained a clean record, as defined by the provisions of Paragraph (3) of this Subsection, for the requisite period of time and that continued registration and notification will no longer serve the purposes of this Chapter.

(e) The court may grant the motion, relieving the offender of the duty to register and give notice pursuant to the provisions of this Chapter, only if the offender shows, by clear and convincing evidence, that he has maintained a clean record, as defined by the provisions of Paragraph (3) of this Subsection, for the requisite period of time and that future registration and notification will not serve the purposes of this Chapter.

F.(1) Notwithstanding the provisions of Subsection A or Paragraph (B)(1) of this Section, the court, upon motion of the district attorney, and after a contradictory hearing, shall have the authority to order a person required to register and provide notification pursuant to the provisions of this Chapter to register and notify for the duration of the lifetime of the offender upon a showing by a preponderance of the evidence that the offender poses a substantial risk of committing another offense requiring registration pursuant to this Chapter. The district attorney and the offender may enter into a plea agreement requiring the offender to register and provide notification for the duration of the lifetime of the offender without a contradictory hearing.

(2) Whenever the registration and notification period of a sex offender has been increased to lifetime pursuant to the provisions of Paragraph (1) of this Subsection, upon the maintenance of a clean record for the minimum time period applicable to the offense of conviction as provided by the provisions of Subsection A or Paragraph (B)(1) of this Section, the offender may petition the court in the jurisdiction of conviction, or if convicted under the laws of another state, or military, territorial, foreign, tribal, or federal law, in the jurisdiction of the offender's residence, to be relieved of the registration and notification requirements of this Chapter. The district attorney shall be served with the petition, and the matter shall be set for a contradictory hearing. Upon a finding by clear and convincing evidence that the offender has maintained a "clean record" as defined in this Section and that the offender does not pose a substantial risk of committing another offense requiring registration pursuant to this Chapter, the court may order that the offender be relieved of the obligation to register and notify pursuant to this Chapter.

Timeframe for Registration

>Within 3 days of release from incarceration, 3 days of establishing residence in Louisiana, and 3 days of changing address

Applies to Offenders Convicted in another State?

Yes

Verification of Address

Sexually violent predators shall receive address verification every ninety days

Penalties for Non-Compliance

1st failure $1,000 fine and/or 1 year imprisonment; 2ndfailure up to 3 years imprisonment without parole, probation or suspension

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