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La. Rev. Stat. § 14:78.1 (2026)

Repealed by Acts 2014, No. 177, §2 and Acts 2014, No. 602, §7, eff. June 12, 2014.

✓ current as of May 2026
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§78.1.  Repealed by Acts 2014, No. 177, §2 and Acts 2014, No. 602, §7, eff. June 12, 2014.


Notes of Decisions
Cited in 197 cases (5 in the last 5 years), 1996–2023 · leading case: State v. Lande, 934 So. 2d 280 (La. Ct. App. 2006).
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State v. Lande, 934 So. 2d 280 (La. Ct. App. 2006). · cites it 13× “Defendant, Phillip Lande ("Lande"), was charged in a bill of information on September 19, 2003 with five counts of aggravated incest, in violation of LSA—R.S. 14:78.1, involving three different juvenile victims.”
State v. Hotoph, 750 So. 2d 1036 (La. Ct. App. 1999). · cites it 5× “R.S. 14:78.1, and two counts of oral sexual battery, violations of La.”
State v. T.T., 111 So. 3d 71 (La. Ct. App. 2012). · cites it 11× “R.S. 14:78.1 (count two). Defendant pled not guilty and waived his right to a jury trial.”
State v. Morgan, 948 So. 2d 199 (La. Ct. App. 2006). · cites it 5× “Morgan, with aggravated incest in violation of LSA-R.S. 14:78.1 and aggravated rape in violation of LSA-R.”
State v. Terrebonne, 822 So. 2d 149 (La. Ct. App. 2002). · cites it 7× “Defendant, Joannes Terrebonne, was charged by bill of information with one count of aggravated incest in violation of LSA-R.S. 14:78.1. He entered a plea of not guilty and filed various pretrial motions.”
State v. Bolden, 901 So. 2d 445 (La. Ct. App. 2005). · cites it 6× “STATEMENT OF THE CASE Defendant was convicted by a jury of one count of aggravated incest, a violation of LSA-R.S. 14:78.1, and one count of attempted aggravated crime against nature, a violation of LSA-R.”
State v. E.J.M., 119 So. 3d 648 (La. Ct. App. 2013). · cites it 5× “R.S. 14:78.1 by aggravated incest upon a known juvenile.”
State v. Flores, 669 So. 2d 646 (La. Ct. App. 1996). · cites it 8× “R.S. 14:78.1. The defendant, who entered a plea of guilty to the charge, argues that the statute is unconstitutional and fails to charge a valid offense.”
State v. HA, SR., 47 So. 3d 34 (La. Ct. App. 2010). · cites it 7× “R.S. 14:78.1; La.Code Crim.P. art. 782. The court minutes of the voir dire proceeding indicate that five jurors were selected, but the transcript of the voir dire proceeding reflects that six jurors and an alternate were selected.”
State v. Ponsell, 766 So. 2d 678 (La. Ct. App. 2000). · cites it 3× “R.S. 14:78.1. Following his adjudication as a Third Felony Habitual Offender, the trial court sentenced him to life imprisonment without benefit of probation, parole, or suspension of sentence.”
State v. Humphries, 124 So. 3d 1177 (La. Ct. App. 2013). · cites it 22× “R.S. 14:78.1. Count One alleges that, between the dates of January 1, 2000, and December 19, 2008, Defendant committed aggravated incest with K.”
State v. Wright, 79 So. 3d 309 (La. 2011). · cites it 2× “R.S. 14:78.1. 1 The offense was alleged to have occurred between 12February 15, 2007, and February 21, 2007, when the victim, “BK,” 2 who had just turned seventeen, and defendant, BK’s biological father, stayed at a hotel in Slidell, Louisiana, during Mardi Gras.”
Show all 197 citing cases →
La. Rev. Stat. § 14:78.1(A): 15 cases
State v. E.J.M., 119 So. 3d 648 (La. Ct. App. 2013). “R.S. 14:78.1 by aggravated incest upon a known juvenile.”
State v. Lande, 934 So. 2d 280 (La. Ct. App. 2006). “Defendant, Phillip Lande ("Lande"), was charged in a bill of information on September 19, 2003 with five counts of aggravated incest, in violation of LSA—R.S. 14:78.1, involving three different juvenile victims.”
State v. Ardoin, 35 So. 3d 1065 (La. 2010).
State v. HA, SR., 47 So. 3d 34 (La. Ct. App. 2010). “R.S. 14:78.1; La.Code Crim.P. art. 782. The court minutes of the voir dire proceeding indicate that five jurors were selected, but the transcript of the voir dire proceeding reflects that six jurors and an alternate were selected.”
State v. T.T., 111 So. 3d 71 (La. Ct. App. 2012). “R.S. 14:78.1 (count two). Defendant pled not guilty and waived his right to a jury trial.”
La. Rev. Stat. § 14:78.1(B): 6 cases
State v. HA, SR., 47 So. 3d 34 (La. Ct. App. 2010). “R.S. 14:78.1; La.Code Crim.P. art. 782. The court minutes of the voir dire proceeding indicate that five jurors were selected, but the transcript of the voir dire proceeding reflects that six jurors and an alternate were selected.”
State v. Ardoin, 35 So. 3d 1065 (La. 2010).
State v. Marrero, 92 So. 3d 21 (La. Ct. App. 2012).
State v. Humphries, 124 So. 3d 1177 (La. Ct. App. 2013). “R.S. 14:78.1. Count One alleges that, between the dates of January 1, 2000, and December 19, 2008, Defendant committed aggravated incest with K.”
State v. R.A.L., 69 So. 3d 704 (La. Ct. App. 2011).
La. Rev. Stat. § 14:78.1(B)(1): 8 cases
State v. Flores, 669 So. 2d 646 (La. Ct. App. 1996). “R.S. 14:78.1. The defendant, who entered a plea of guilty to the charge, argues that the statute is unconstitutional and fails to charge a valid offense.”
State v. HA, SR., 47 So. 3d 34 (La. Ct. App. 2010). “R.S. 14:78.1; La.Code Crim.P. art. 782. The court minutes of the voir dire proceeding indicate that five jurors were selected, but the transcript of the voir dire proceeding reflects that six jurors and an alternate were selected.”
State v. Alverez, 158 So. 3d 142 (La. Ct. App. 2014).
State v. ML JR., 35 So. 3d 1183 (La. Ct. App. 2010).
State v. Humphries, 124 So. 3d 1177 (La. Ct. App. 2013). “R.S. 14:78.1. Count One alleges that, between the dates of January 1, 2000, and December 19, 2008, Defendant committed aggravated incest with K.”
La. Rev. Stat. § 14:78.1(B)(2): 11 cases
State v. Crochet, 931 So. 2d 1083 (La. 2006).
State v. Flores, 669 So. 2d 646 (La. Ct. App. 1996). “R.S. 14:78.1. The defendant, who entered a plea of guilty to the charge, argues that the statute is unconstitutional and fails to charge a valid offense.”
State v. Alverez, 158 So. 3d 142 (La. Ct. App. 2014).
State in the Interest of K.l.a, 172 So. 3d 601 (La. 2015).
State v. J.M., 941 So. 2d 686 (La. Ct. App. 2006).
La. Rev. Stat. § 14:78.1(C)(2): 1 case
State v. Do, 208 So. 3d 1048 (La. Ct. App. 2016).
La. Rev. Stat. § 14:78.1(D): 28 cases
State v. Hotoph, 750 So. 2d 1036 (La. Ct. App. 1999). “R.S. 14:78.1, and two counts of oral sexual battery, violations of La.”
State v. GMW, JR., 916 So. 2d 460 (La. Ct. App. 2005).
State v. Bolden, 901 So. 2d 445 (La. Ct. App. 2005). “STATEMENT OF THE CASE Defendant was convicted by a jury of one count of aggravated incest, a violation of LSA-R.S. 14:78.1, and one count of attempted aggravated crime against nature, a violation of LSA-R.”
State v. Kennedy, 974 So. 2d 203 (La. Ct. App. 2008).
State v. Terrebonne, 822 So. 2d 149 (La. Ct. App. 2002). “Defendant, Joannes Terrebonne, was charged by bill of information with one count of aggravated incest in violation of LSA-R.S. 14:78.1. He entered a plea of not guilty and filed various pretrial motions.”
La. Rev. Stat. § 14:78.1(D)(1): 13 cases
State v. Mazique, 40 So. 3d 224 (La. Ct. App. 2010).
State v. Gardner, 77 So. 3d 1052 (La. Ct. App. 2011).
State v. HA, SR., 47 So. 3d 34 (La. Ct. App. 2010). “R.S. 14:78.1; La.Code Crim.P. art. 782. The court minutes of the voir dire proceeding indicate that five jurors were selected, but the transcript of the voir dire proceeding reflects that six jurors and an alternate were selected.”
State v. T.T., 111 So. 3d 71 (La. Ct. App. 2012). “R.S. 14:78.1 (count two). Defendant pled not guilty and waived his right to a jury trial.”
State v. Alverez, 158 So. 3d 142 (La. Ct. App. 2014).
La. Rev. Stat. § 14:78.1(D)(2): 15 cases
State v. T.T., 111 So. 3d 71 (La. Ct. App. 2012). “R.S. 14:78.1 (count two). Defendant pled not guilty and waived his right to a jury trial.”
State v. Humphries, 124 So. 3d 1177 (La. Ct. App. 2013). “R.S. 14:78.1. Count One alleges that, between the dates of January 1, 2000, and December 19, 2008, Defendant committed aggravated incest with K.”
State of Louisiana v. William J. Graham, 180 So. 3d 271 (La. 2015).
State v. Gardner, 77 So. 3d 1052 (La. Ct. App. 2011).
State v. Thompson, 111 So. 3d 580 (La. Ct. App. 2013).
La. Rev. Stat. § 14:78.1(D)(3): 1 case
State v. Gardner, 77 So. 3d 1052 (La. Ct. App. 2011).
La. Rev. Stat. § 14:78.1(D)(l): 2 cases
State v. Humphries, 124 So. 3d 1177 (La. Ct. App. 2013). “R.S. 14:78.1. Count One alleges that, between the dates of January 1, 2000, and December 19, 2008, Defendant committed aggravated incest with K.”
State v. Urena, 161 So. 3d 701 (La. Ct. App. 2014).
La. Rev. Stat. § 14:78.1(E): 13 cases
State v. Bolden, 901 So. 2d 445 (La. Ct. App. 2005). “STATEMENT OF THE CASE Defendant was convicted by a jury of one count of aggravated incest, a violation of LSA-R.S. 14:78.1, and one count of attempted aggravated crime against nature, a violation of LSA-R.”
State v. Burks, 905 So. 2d 394 (La. Ct. App. 2005).
State v. Arabie, 982 So. 2d 136 (La. Ct. App. 2008).
State v. Thacker, 130 So. 3d 1037 (La. Ct. App. 2014).
State v. P.T., 970 So. 2d 1255 (La. Ct. App. 2007).
La. Rev. Stat. § 14:78.1(E)(1): 7 cases
State v. Bolden, 901 So. 2d 445 (La. Ct. App. 2005). “STATEMENT OF THE CASE Defendant was convicted by a jury of one count of aggravated incest, a violation of LSA-R.S. 14:78.1, and one count of attempted aggravated crime against nature, a violation of LSA-R.”
State v. Terrebonne, 822 So. 2d 149 (La. Ct. App. 2002). “Defendant, Joannes Terrebonne, was charged by bill of information with one count of aggravated incest in violation of LSA-R.S. 14:78.1. He entered a plea of not guilty and filed various pretrial motions.”
State v. Burks, 905 So. 2d 394 (La. Ct. App. 2005).
State v. Kelly, 153 So. 3d 1257 (La. Ct. App. 2014).
State v. Do, 208 So. 3d 1048 (La. Ct. App. 2016).
La. Rev. Stat. § 14:78.1(E)(3): 1 case
State v. Barnett, 700 So. 2d 1005 (La. Ct. App. 1997).
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