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La. Rev. Stat. § 14:81.2 (2026)

Molestation of a juvenile or a person with a physical or mental disability

✓ current as of May 2026
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§81.2. Molestation of a juvenile or a person with a physical or mental disability

           A.(1) Molestation of a juvenile is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the person or in the presence of any child under the age of seventeen, 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, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the juvenile. Lack of knowledge of the juvenile's age shall not be a defense.

           (2) Molestation of a person with a physical or mental disability is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the victim or in the presence of any victim with the intention of arousing or gratifying the sexual desires of either person, by the use of force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or by the use of influence by virtue of a position of control or supervision over the victim, when any of the following conditions exist:

           (a) The victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.

           (b) The victim is incapable, through unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity.

           (c) The victim is sixty-five years of age or older.

           B.(1) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not less than five nor more than ten years, or both. The defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.

           (2) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, and when the offender has control or supervision over the juvenile, shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than ten years nor more than twenty years, or both. The defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with Code of Criminal Procedure Article 893.

           (3)(a) Whoever commits the crime of molestation of a juvenile, when the victim is thirteen years of age or older but has not yet attained the age of seventeen, and when the offender is in a position of supervision or entrusted with a supervisory role of the juvenile that includes but is not limited to a religious, charitable, scientific, educational, athletic, or youth-serving purpose or is an educator of the juvenile, shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than ten years nor more than forty years, or both. At least ten years of the sentence imposed shall be without the benefit of parole, probation, or suspension of sentence, and the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with Code of Criminal Procedure Article 893.

           (b) For purposes of this Subsection, "educator" means any teacher or instructor, administrator, staff person, or employee of any public or private elementary, secondary, vocational-technical training, special, or postsecondary school or institution, including any teacher aide, paraprofessional, school bus driver, food service worker, and other clerical, custodial, or maintenance personnel employed by a private, city, parish, or other local public school board.

           C.(1) Whoever commits the crime of molestation of a juvenile by violating the provisions of Paragraph (A)(1) of this Section, when the incidents of molestation recur during a period of more than one year, shall, on first conviction, be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not less than five nor more than forty years, or both. At least five years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence. After five years of the sentence have been served, the offender, who is otherwise eligible, may be eligible for parole if a licensed psychologist, medical psychologist, or a licensed clinical social worker or a board-certified psychiatrist, after psychological examination, including testing, approves.

           (2) Conditions of parole shall include treatment in a qualified sex offender program for a minimum of five years, or until expiration of sentence, whichever comes first. The state shall be responsible for the cost of testing, but the offender shall be responsible for the cost of the treatment program. It shall also be a condition of parole that the offender be prohibited from being alone with a child without the supervision of another adult.

           (3) For purposes of this Subsection, a "qualified sex offender program" means one which includes both group and individual therapy and arousal reconditioning. Group therapy shall be conducted by two therapists, one male and one female, at least one of whom is licensed as a psychologist or medical psychologist or is board certified as a psychiatrist or clinical social worker.

           D.(1) Whoever commits the crime of molestation of a juvenile when the victim is under the age of thirteen years shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.

           (2) Whoever commits the crime of molestation of a person with a physical or mental disability shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of probation, parole, or suspension of sentence.

           (3) Upon completion of the term of imprisonment imposed in accordance with Paragraphs (1) and (2) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

           (4) Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.

           (5) The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that, sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.

           (6) The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.

           E. Repealed by Acts 2020, No. 352, §2, eff. August 1, 2020.

           Acts 1984, No. 220, §1; Acts 1990, No. 590, §1; Acts 1991, No. 925, §1; Acts 2006, No. 36, §§1 & 2; Acts 2006, No. 103, §1; Acts 2006, No. 325, §2; Acts 2008, No. 33, §1, eff. August 15, 2008; Acts 2008, No. 426, §1, eff. August 15, 2008; Acts 2009, No. 192, §1, eff. June 30, 2009; Acts 2009, No. 251, §13, eff. January 1, 2010; Acts 2010, No. 763, §1, eff. August 15, 2010; Acts 2011, No. 67, §1, eff. August 15, 2011; Acts 2020, No. 352, §2, eff. August 1, 2020; Acts 2024, No. 597, §1, eff. August 1, 2024.

Notes of Decisions
Cited in 404 cases (47 in the last 5 years), 1986–2026 · leading case: State of Louisiana v. Ashaki Okung Kelly, 195 So. 3d 449 (La. 2016).
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State of Louisiana v. Ashaki Okung Kelly, 195 So. 3d 449 (La. 2016). · cites it 29× “R.S. 14:81.2. The district court’s statement of D.”
State v. Fontenot, 934 So. 2d 935 (La. Ct. App. 2006). · cites it 10× “R.S. 14:81.2. [1] At the plea hearing, the following exchange took place: BY THE COURT: Alright.”
State v. Alfaro, 128 So. 3d 515 (La. Ct. App. 2013). · cites it 7× “…La. R.S. 14:81.2(D)(1). It was subsequently amended by Acts 2011, No. 67, § 1 and now bears designation La. R.S. 14:81.2(0(1).”
State v. Bey, 857 So. 2d 1268 (La. Ct. App. 2003). · cites it 9× “R.S. 14:81.2, on the basis of insufficiency of the evidence and his sentence of eight years at hard labor, with four years suspended, on the basis of excessiveness.”
State v. Terry, 108 So. 3d 126 (La. Ct. App. 2012). · cites it 9× “R.S. 14:81.2. Thereafter, Defendant was sentenced to two concurrent sentences of 15 years’ imprisonment at hard labor on Counts I and II and 50 years’ imprisonment at hard labor on Count III.”
State v. Wilson, 189 So. 3d 513 (La. Ct. App. 2016). · cites it 3× “(1) Molestation of a juvenile is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the person or in the presence' of any child under the age of seventeen, where there is an age difference of greater than two years between the two persons; with…”
State v. E.J.M., 119 So. 3d 648 (La. Ct. App. 2013). · cites it 5× “R.S. 14:81.2 by molestation of a known juvenile; and count 3, violation of La.”
State of Louisiana v. William J. Graham, 180 So. 3d 271 (La. 2015). · cites it 5× “R.S. 14:81.2. No voir dire was conducted regarding “control or supervision.”
State v. LeBlanc, 506 So. 2d 1197 (La. 1987). · cites it 5× “R.S. 14:81.2, the statute which defines the crime of molestation of a juvenile.”
State v. Boehm, 217 So. 3d 596 (La. Ct. App. 2017). · cites it 7× “He was represented by retained counsel and discovery was undertaken.”
State v. Kelly, 153 So. 3d 1257 (La. Ct. App. 2014). · cites it 16× “R.S. 14:81.2 with offense date of November 24, 2012.”
State v. Strother, 990 So. 2d 130 (La. Ct. App. 2008). · cites it 8× “R.S. 14:81.2. The trial court subsequently sentenced the defendant to serve 12 years' imprisonment at hard labor, with all but three years' suspended, and with credit for time served.”
Show all 404 citing cases →
La. Rev. Stat. § 14:81.2(0): 2 cases
State v. Curtis, 987 So. 2d 294 (La. Ct. App. 2008).
State v. Modisette, 207 So. 3d 1108 (La. Ct. App. 2016).
La. Rev. Stat. § 14:81.2(A): 50 cases
State v. Terry, 108 So. 3d 126 (La. Ct. App. 2012). “R.S. 14:81.2. Thereafter, Defendant was sentenced to two concurrent sentences of 15 years’ imprisonment at hard labor on Counts I and II and 50 years’ imprisonment at hard labor on Count III.”
State v. Cotton, 778 So. 2d 569 (La. 2001).
State v. Ray, 157 So. 3d 13 (La. Ct. App. 2013).
State v. Redfearn, 22 So. 3d 1078 (La. Ct. App. 2009).
Connor v. Scroggs, 821 So. 2d 542 (La. Ct. App. 2002).
La. Rev. Stat. § 14:81.2(A)(1): 35 cases
State of Louisiana v. Ashaki Okung Kelly, 195 So. 3d 449 (La. 2016). “R.S. 14:81.2. The district court’s statement of D.”
State v. E.J.M., 119 So. 3d 648 (La. Ct. App. 2013). “R.S. 14:81.2 by molestation of a known juvenile; and count 3, violation of La.”
State v. Wilson, 189 So. 3d 513 (La. Ct. App. 2016). “(1) Molestation of a juvenile is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the person or in the presence' of any child under the age of seventeen, where there is an age difference of greater than two years between the two persons; with…”
State v. Merwin, 186 So. 3d 759 (La. Ct. App. 2016).
State v. Alfaro, 128 So. 3d 515 (La. Ct. App. 2013). “…La. R.S. 14:81.2(D)(1). It was subsequently amended by Acts 2011, No. 67, § 1 and now bears designation La. R.S. 14:81.2(0(1).”
La. Rev. Stat. § 14:81.2(A)(C): 2 cases
State v. Bradham, 638 So. 2d 428 (La. Ct. App. 1994).
State v. Smith, 815 So. 2d 412 (La. Ct. App. 2002).
La. Rev. Stat. § 14:81.2(B): 13 cases
State v. Friday, 73 So. 3d 913 (La. Ct. App. 2011).
State v. Strother, 990 So. 2d 130 (La. Ct. App. 2008). “R.S. 14:81.2. The trial court subsequently sentenced the defendant to serve 12 years' imprisonment at hard labor, with all but three years' suspended, and with credit for time served.”
State v. Fontenot, 934 So. 2d 935 (La. Ct. App. 2006). “R.S. 14:81.2. [1] At the plea hearing, the following exchange took place: BY THE COURT: Alright.”
State v. A.B.M., 52 So. 3d 1021 (La. Ct. App. 2010).
State v. Calhoun, 669 So. 2d 1351 (La. Ct. App. 1996).
La. Rev. Stat. § 14:81.2(B)(1): 3 cases
State v. Gross, 218 So. 3d 1089 (La. Ct. App. 2017).
State v. Brooks, 256 So. 3d 524 (La. Ct. App. 2018).
State of Louisiana v. Joshua Jones (La. Ct. App. 2025).
La. Rev. Stat. § 14:81.2(B)(2): 12 cases
State of Louisiana v. Ashaki Okung Kelly, 195 So. 3d 449 (La. 2016). “R.S. 14:81.2. The district court’s statement of D.”
State v. Kelly, 153 So. 3d 1257 (La. Ct. App. 2014). “R.S. 14:81.2 with offense date of November 24, 2012.”
State v. Gross, 218 So. 3d 1089 (La. Ct. App. 2017).
State v. Parvez, 249 So. 3d 102 (La. Ct. App. 2018).
State v. Roy, 177 So. 3d 1112 (La. Ct. App. 2015).
La. Rev. Stat. § 14:81.2(C): 36 cases
State v. Strother, 990 So. 2d 130 (La. Ct. App. 2008). “R.S. 14:81.2. The trial court subsequently sentenced the defendant to serve 12 years' imprisonment at hard labor, with all but three years' suspended, and with credit for time served.”
State v. Jones, 794 So. 2d 107 (La. Ct. App. 2001).
State v. Brannon, 971 So. 2d 511 (La. Ct. App. 2007).
State v. Bey, 857 So. 2d 1268 (La. Ct. App. 2003). “R.S. 14:81.2, on the basis of insufficiency of the evidence and his sentence of eight years at hard labor, with four years suspended, on the basis of excessiveness.”
State v. Humphries, 927 So. 2d 650 (La. Ct. App. 2006).
La. Rev. Stat. § 14:81.2(C)(1): 7 cases
State v. Boehm, 217 So. 3d 596 (La. Ct. App. 2017). “He was represented by retained counsel and discovery was undertaken.”
State v. Willis, 253 So. 3d 915 (La. Ct. App. 2018).
State v. Urena, 215 So. 3d 813 (La. Ct. App. 2016).
State v. Young, 270 So. 3d 770 (La. Ct. App. 2019).
State of Louisiana Versus Evan Bradford (La. Ct. App. 2024).
La. Rev. Stat. § 14:81.2(D): 5 cases
State v. Wilson, 189 So. 3d 513 (La. Ct. App. 2016). “(1) Molestation of a juvenile is the commission by anyone over the age of seventeen of any lewd or lascivious act upon the person or in the presence' of any child under the age of seventeen, where there is an age difference of greater than two years between the two persons; with…”
State v. Boudreaux, 966 So. 2d 79 (La. Ct. App. 2007).
State v. Lecompte, 734 So. 2d 83 (La. Ct. App. 1999).
State of Louisiana v. Marquise Jamal Jones (La. Ct. App. 2022).
State v. JANISE, 25 So. 3d 255 (La. Ct. App. 2009).
La. Rev. Stat. § 14:81.2(D)(1): 30 cases
State of Louisiana v. Ashaki Okung Kelly, 195 So. 3d 449 (La. 2016). “R.S. 14:81.2. The district court’s statement of D.”
State v. Alfaro, 128 So. 3d 515 (La. Ct. App. 2013). “…La. R.S. 14:81.2(D)(1). It was subsequently amended by Acts 2011, No. 67, § 1 and now bears designation La. R.S. 14:81.2(0(1).”
State v. Kelly, 153 So. 3d 1257 (La. Ct. App. 2014). “R.S. 14:81.2 with offense date of November 24, 2012.”
State v. Washburn, 206 So. 3d 1143 (La. Ct. App. 2016).
State v. Boehm, 217 So. 3d 596 (La. Ct. App. 2017). “He was represented by retained counsel and discovery was undertaken.”
La. Rev. Stat. § 14:81.2(D)(2): 1 case
State v. Bey, 857 So. 2d 1268 (La. Ct. App. 2003). “R.S. 14:81.2, on the basis of insufficiency of the evidence and his sentence of eight years at hard labor, with four years suspended, on the basis of excessiveness.”
La. Rev. Stat. § 14:81.2(E): 7 cases
State v. R.K., 64 So. 3d 426 (La. Ct. App. 2011).
State v. D.S.J., 15 So. 3d 1188 (La. Ct. App. 2009).
State v. Jenkins, 57 So. 3d 405 (La. Ct. App. 2011).
State v. DSJ, 15 So. 3d 1188 (La. Ct. App. 2009).
State v. NM, 34 So. 3d 1169 (La. Ct. App. 2010).
La. Rev. Stat. § 14:81.2(E)(1): 9 cases
State v. Carper, 107 So. 3d 118 (La. Ct. App. 2012).
State of Louisiana v. William J. Graham, 180 So. 3d 271 (La. 2015). “R.S. 14:81.2. No voir dire was conducted regarding “control or supervision.”
State v. Roth, 260 So. 3d 1230 (La. Ct. App. 2018).
State v. Graham, 148 So. 3d 601 (La. Ct. App. 2014).
State v. Bates, 113 So. 3d 411 (La. Ct. App. 2013).
La. Rev. Stat. § 14:81.2(c): 1 case
State v. Boros, 646 So. 2d 1183 (La. Ct. App. 1994).
La. Rev. Stat. § 14:81.2(d)(2): 1 case
State v. Bey, 857 So. 2d 1268 (La. Ct. App. 2003). “R.S. 14:81.2, on the basis of insufficiency of the evidence and his sentence of eight years at hard labor, with four years suspended, on the basis of excessiveness.”
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