Criminal Statutes of Limitations
Louisiana
Last Updated: March 2020
First degree rape | Answer |
What is the statute of limitations for this crime? |
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Second degree rape | Answer |
What is the statute of limitations for this crime? |
There is no time limit upon the initiation of prosecution for second degree rape. |
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Thrid degree rape | Answer |
What is the statute of limitations for this crime? |
Legal proceedings against the perpetrator must commence within six (6) years after commission of the offense. |
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Sexual battery | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by imprisonment with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten (10) years; or if offender was seventeen (17) years of age or older and the victim was either (i) under thirteen (13) years of age, (ii) has paraplegia, quadriplegia, is otherwise physically incapable of preventing the act or is incapable, through unsoundness of mind, and the offender knew or should have known of the victim’s incapacity or (iii) is sixty-five (65) years of age or older, punishable by imprisonment at hard labor for not less than twenty-five (25) nor more than ninety-nine (99) years.
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Misdemeanor sexual battery | Answer |
What is the statute of limitations for this crime? |
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Second degree sexual battery | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by imprisonment with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than fifteen (15) years, or if offender was seventeen (17) years of age or over and victim either (i) is under thirteen (13) years of age, (ii) has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act or is incapable, through unsoundness of mind, and the offender knew or should have known of the victim’s incapacity or (iii) is sixty-five (65) years of age or older, punishable by imprisonment at hard labor for not less than twenty-five (25) nor more than ninety-nine (99) years.
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Oral sexual battery | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by imprisonment with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten (10) years when the victim, who is not the spouse of the offender, is under the age of fifteen years and is at least three years younger than the offender; or if offender was seventeen (17) years of age or older and the victim was either (i) under thirteen (13) years of age, (ii) has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act or is incapable, through unsoundness of mind, and the offender knew or should have known of the victim’s incapacity or (iii) is sixty-five (65) years of age or older, punishable by imprisonment at hard labor for not less than twenty-five (25) nor more than ninety-nine (99) years.
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Intentional exposure to HIV | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by a fine of not more than five thousand dollars ($5,000), and/or by imprisonment with or without hard labor for not more than ten (10) years. If, however, victim was a first responder, this crime is punishable by a fine of not more than six thousand dollars ($6,000), and/or by imprisonment, with or without hard labor, for not more than eleven (11) years.
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Crime Against Nature | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim, and the age of the victim.
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Aggravated Crime Against Nature | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim, and the age of the victim.
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Felony carnal knowledge of a juvenile | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by a fine of not more than five thousand dollars ($5,000) and/or by imprisonment, with or without hard labor, for not more than ten (10) years.
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Misdemeanor carnal knowledge of a juvenile | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by a fine of not more than one thousand dollars ($1,000), and/or by imprisonment for not more than six (6) months. For a misdemeanor punishable by a fine, or imprisonment, or both, a prosecution must be brought within two (2) years after commission of the offense. |
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Indecent behavior with juveniles | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by a fine of up to five thousand dollars ($5,000), and/or by imprisonment with or without hard labor for not more than seven (7) years. If, however, victim is under the age of thirteen (13) and offender is at least seventeen (17) years of age or older, this crime is punishable by imprisonment at hard labor for not less than two (2) nor more than twenty-five (25) years.
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Molestation of a juvenile or a person with a physical or mental disability | Answer |
What is the statute of limitations for this crime? |
The punishment for this crime depends on the relationship between the perpetrator and the victim, and the age of the victim.
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Prohibited sexual conduct between educator and student | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by a fine of up to one thousand dollars ($1,000), and/or by imprisonment for up to six (6) months. If, however, it is a second or subsequent offense, this crime is punishable by a fine of not more than five thousand dollars ($5,000) and by imprisonment, with or without hard labor, for not less than one (1) nor more than five (5) years.
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Pornography involving juveniles | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim, and the age of the victim.
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Sexting | Answer |
What is the statute of limitations for this crime? |
For a first offense, this crime is punishable by a fine of not less than one hundred dollars ($100) nor more than two hundred and fifty dollars ($250) and/or imprisonment for up to ten (10) days. For a second offense, this crime is punishable by a fine of not less than two hundred and fifty dollars ($250) nor more than five hundred dollars ($500) and/or imprisonment for not less than ten (10) days nor more than thirty (30) days. For a third or any subsequent offense, this crime is punishable by a fine of not less than five hundred dollars ($500) nor more than seven hundred and fifty dollars ($750) and/or imprisonment for not less than thirty (30) days and not more than six (6) months. This crime applies to those under the age of seventeen (17).
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Computer-aided solicitation of a minor | Answer |
What is the statute of limitations for this crime? |
This crime is punishable by fines, imprisonment with or without hard labor, or both, depending on the relationship between the perpetrator and the victim, the age of the victim, and whether this is a first or subsequent conviction for the same crime.
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Are there any exceptions to the statute of limitations laws? | Answer |
Exceptions | Prosecutions for any sex offense that would otherwise be barred may be commenced within three (3) years after the date on which the identity of the suspect is established by DNA testing. La. Code Crim. Proc. art. 572(B)(2). |
Anything else I should know? | Answer |
Anything else I should know? | The periods of limitation shall be interrupted and shall not run when the defendant, for purposes of avoiding detection, apprehension or prosecution, flees from the state, is outside of the state or is absent from his usual place of abode within the state, or lacks mental capacity to proceed at trial and is committed. La. Code Crim. Proc. art. 575. |