Definition of "child" across the Children's Code amended

Effective August 1, 2022, the Louisiana Legislature amended several provisions of the Louisiana Children’s Code and the Code of Criminal Procedure to define a “child” as a person under the age of 18. These changes primarily impact the videotaping of statements of witnesses or victims in criminal cases.

This act also amended Louisiana Code of Criminal Procedure Article 571.1 to establish that the prescriptive period (time within which the case must be initiated) for the following offenses is 30 years when the victim is under the age of 18 and does not begin to run until the victim reaches the age of 18:

• attempted first degree rape,

• attempted second degree rape,

• sexual battery,

• second degree sexual battery,

• oral sexual battery,

• human trafficking,

• trafficking of children for sexual purposes,

• felony carnal knowledge of a juvenile,

• indecent behavior with juveniles,

• pornography involving juveniles,

• molestation of a juvenile or a person with a physical or mental disability,

• prostitution of persons under eighteen,

• enticing persons into prostitution,

• crime against nature,

• aggravated crime against nature, and

• crime against nature by solicitation.

La. C.Cr.P. Art. 571.1.

If you or someone you know is facing prosecution for a crime against a juvenile, give us a call at (318) 459-9111 to schedule a consultation.