A crime is an act done in violation of the Louisiana Criminal Code, acts of the Louisiana Legislature, or the constitution of Louisiana.

An act committed by a child age 10 or older which if it was committed by an adult is designated an offense under the statutes or ordinances of this state, another state, or federal law excluding traffic violations. The youngest age at which a child can be adjudicated delinquent is 10 years old.

If arrested, you can expect to be searched for weapons by the police and taken to a police station. You will be advised of your rights under the U.S. Constitution, through what is commonly called a “Miranda warning.” As soon as you request an attorney, the police are supposed to stop questioning you. It is your right to remain silent and not answer questions, and you also have the right to a phone call. If you cannot afford an attorney, the court will appoint one for you. You may be held at a detention facility until you make your first appearance at a hearing before a judge. You are given a hearing within 72-hours at which the judge will set your bail amount and appoint an attorney to you, if needed.

Under the Raise the Age Louisiana Act, people younger 18 years old are considered children who are subject to the juvenile justice system. However, there are three ways a youth can be prosecuted as adults:

• By a discretionary Transfer waiver for youth aged 14 and up for certain violent offenses.
• By prosecutorial discretion for ages 15 and up for certain felonies
• By Mandatory waiver/Statutory Exclusion is required for ages 15 and up for murder, rape, and kidnapping.

If you cannot afford an attorney, the court will appoint a public defender to represent you at your initial hearing. There are certain proceedings in which a child cannot waive their right to counsel. Parents of a child may be required to pay part or all of counsel’s services for their child accused of delinquent acts, unless the parents are unable to afford an attorney.

Expungement is a court order to remove an arrest or conviction record from public access, but it does not mean destruction of the record. When a record is expunged, the public (including employers) should not be able to find out about prior arrests and convictions. But law enforcement officials and agencies, criminal justice agencies, and other state agencies as stated under Louisiana Law may still be able to find out about your record. A criminal record may keep you from getting schooling, housing, a job, a license, or a permit you need for a job, so getting an expungement, if possible, can help you support yourself and your family.

• What adult arrest or convictions cases can be expunged? Adult criminal records for arrests for which there was no conviction are eligible for expungement. Adult criminal records in which you were convicted are eligible expungement in some situations:
• If you were convicted but later found factually innocent by a judge.
• In some cases, if you were convicted of a misdemeanor, the record can be expunged five years after you complete your sentence.
• In some cases, if you were convicted of felony, the record can be expunged 10 years after you complete your sentence and you have no other convictions during that time.
• If entitled to a first-offender pardon, the records can be expunged by the court immediately.
• Adult criminal records in which you completed a diversion or deferral program are eligible for expungement in certain situations.
• You must be 17 years or older to apply for expungement of a juvenile record.
• Can Juvenile Records be Expunged? Juvenile records may be expunged as well, but the rules are different from those for crimes committed as an adult. If you want to learn more about expunging juvenile records you can contact the Louisiana Center for Children’s Rights at http://www.laccr.org/.
• Any record relating to a delinquency matter that did not result in charges being filed or dismissed can be expunged and sealed upon petition at any time.
• If you were found guilty for anything except for murder, manslaughter, a registered sex offense, kidnapping, or armed robbery your record can be expunged after your case closes or you are released from probation or commitment.
• o If you were found guilty murder, manslaughter, a registered sex offense, kidnapping, or armed robbery, your record can be expunged five years after your release from probation or commitment.

• Applications may be filed immediately following an acquittal or successful motion to quash.
  
  • If the time limit for prosecution has run out and the District Attorney dismissed or refused prosecution, then an application for expungement may be possible. Generally, the DA has a specific amount of time after the date of the offense within which charges must instituted. On the other hand, if the prosecutor has just not acted to prosecute, then these time limits apply:
    
    • No limit:No time limit for prosecution—Crimes punishable by death or life imprisonment;
    • 10 years: Sex crimes against juveniles
    • 6 years: 6 years—Felonies necessarily punishable by imprisonment “at hard labor;”
    • 4 years: 4 years—Felonies not necessarily punishable by imprisonment at hard labor;
    • 2 years:2 years—Misdemeanors punishable by fine or imprisonment;
    • 6 months:6 months—Misdemeanors punishable only by fine (most traffic tickets, for example).

An expungement requires a court’s approval. There are uniform forms in Louisiana that all courts will accept assuming it is the proper venue, the form is filled out correctly, and the person who files the motion is eligible for expungement. Fill out the required forms and submit them to the Court with a background check that was acquired within thirty days of the filing date. The Louisiana expungement law allows sixty days from the date of filing for all the agencies to respond to your request for an expungement.

The cost of expungement can range from is $550 to over $700. The amount must be paid in full at the time of filing because several agencies will receive a portion of this cost.

Carnal knowledge of a juvenile occurs when a person who is 17 or older has sexual intercourse with a person who is more than two years younger than them, but older than 13, regardless of whether the underage person gave consent. The lack of knowledge of the juvenile’s age is not a defense.

The penalties vary depending on the age difference between the offender and the juvenile. A person who commits this crime may be fined up to $5000, or imprisoned (with or without hard labor) for up to 10 years and may be required to register as a sex offender.

“Sexting” is the act of sending sexually charged material, for example nude photos, via cell phone text messages. Children who engaged in sexting their own pictures would be subject to family in need of services proceedings instead of delinquency proceedings. For having or showing another child’s indecent materials, the child will be subject to delinquency proceedings and possible fines and detention.

Indecent behavior with juveniles is the commission of certain acts with the intention of gratifying or arousing the sexual desires of either person. Any lewd or lascivious act upon the person or in the presence of a child under 17 where age difference is greater than two years. It can also involve sending texts, visual, written or oral communication depicting lewd or lascivious conduct to any person to be under 17 and two years or younger than the offender. The penalties are fines and jail sentences and if an adult registration on the sex offender registry.

Revenge porn is when a person commits the offense of nonconsensual disclosure of a private image for the purpose to harass or cause emotional distress to the person in the image. The offender could be fined as much as $10,000 and imprisoned for up to two years.

Rape is the act of anal, oral, or vaginal sexual intercourse with a person without their consent. This includes “date rape,” in which the victim knows the rapist. A person can also be charged with rape if they have intercourse with a person whose judgment is impaired due to drugs or alcohol, or the person has a physical or mental infirmity. A person can be charged with rape whenever the victim is under the age of 13, and not knowing that the person is under age is not a defense to rape. Any sexual penetration, however slight, is enough to be considered rape.

The penalties for rape vary depending on the facts of each case, but the offender will be required to register as a sex offender and can be sentenced to prison.

The LA DPS&C website allows people to access the Louisiana Sex Offender and Child Predator Registry to find public information on the reported whereabouts or sex offenders and child predators. See https://doc.louisiana.gov/public-programs-resources/la-sex-offender-registry/.

Human trafficking occurs when a person knowingly does one of the following things: recruit, harbor, transport, provide, solicit, receive, isolate, entice obtain or maintain the use of another person through fraud, force, or coercion to provide services or labor.

• If someone is a victim of trafficking, this can be a defense to charges of prostitution, prostitution by massage, sexual conduct prohibited, crime against nature, or crime against nature by solicitation. This defense is available when the crimes listed were committed as a direct result of being trafficked.

Sex trafficking refers to the use of force to recruit a person to provide sexual services. Human trafficking includes sex trafficking and trafficking for other types of services or labor. Such as trafficking to have persons work as day laborers (persons who are employed one day at a time).

The website http://www.nolatrafficking.org/community-resources which provides PDF resource guides for human Trafficking survivors. The list of services and providers range from Housing and shelters, mental health counseling, advocacy center, employment, relocation and transportation, legal aid, medical services, immigration services, and referral services.

• If you or someone you know needs help contact the National Human Trafficking Hotline toll-free hotline, 24 hours a day, 7 days a week at 1-888-373-7888 or email at help@humantraffickinghotline.org. All communication on the hotline is confidential.
• If you witness a crime taking place you can also call CRIMESTOPPERS at 504- 822-1111 or 1-877-903-STOP. Your tips will remain anonymous, the operator will not ask for your personal information. You can also place a tip on the CRIMESTOPPERS website from the tip submit button on the main page or you can download the CrimestoppersGNO "Community" app for smartphones.
• Other hotlines:
• Runaway and Homeless Youth: National Runaway Safeline, 24 hour Hotline: 1-800-RUNAWAY (786-2929)
• Domestic Violence: National Domestic Violence Hotline, 24 hour Hotline: 1-800-799-SAFE (7233)
• Sexual Abuse: Rape, Abuse and Incest National Network (RAINN), 24 hour Hotline: 1-800-656-4673
• Suicide: National Suicide Prevention Lifeline, 24 hour Hotline: 1-800-273-TALK (8255)
• Dating Violence: National Dating Abuse Helpline, 24 hour Hotline: 1-866-331-9474
• Teen Line: Teens helping Teens:1-310-855-HOPE (855-4673)
• Teen Dating Helpline:1-866-331-9474