Statutory Rape (Carnal Knowledge of a Juvenile) Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is the penalty for statutory rape in Louisiana? Felony carnal knowledge of a juvenile under La. R.S. 14:80 carries up to ten years, with or without hard labor, and a fine up to five thousand dollars. The lesser misdemeanor version under La. R.S. 14:80.1 carries up to six months and does not require sex offender registration.

What most people call statutory rape is charged in Louisiana as carnal knowledge of a juvenile. The line between the felony and misdemeanor versions comes down to the age gap. That distinction can mean the difference between registration for life and no registration at all. This page explains the charge, how the State proves it, the defenses, and how we fight it.

Quick answers

What it is: Sexual intercourse with a person aged thirteen to sixteen, with a qualifying age gap, under La. R.S. 14:80 or 14:80.1.

The penalty: Felony version, up to ten years. Misdemeanor version, up to six months and no registration.

The key issue: The exact ages and the age gap, which decide whether it is a felony, a misdemeanor, or not a crime at all.

What to do first: Say nothing to police. Call a defense lawyer before any questioning. What you say becomes evidence.

What counts as statutory rape in Louisiana?

Louisiana’s age of consent is seventeen. The crime of carnal knowledge of a juvenile applies when a person seventeen or older has consensual intercourse with someone aged thirteen to sixteen, who is not their spouse, and there is a qualifying age gap. The minor’s consent is not a defense, because the law says a person under seventeen cannot legally consent.

The age gap decides the level. A gap of four years or more is felony carnal knowledge under La. R.S. 14:80. A gap of more than two but less than four years is the misdemeanor version under La. R.S. 14:80.1. A gap of two years or less generally is not this crime at all.

Elements the State must prove

To convict, the State must prove each element beyond a reasonable doubt.

• Sexual intercourse. That anal, oral, or vaginal intercourse occurred. Penetration, however slight, is enough.
• The ages. That the older person was seventeen or older and the younger was thirteen to sixteen.
• The age gap. That the difference in ages met the four-year threshold for a felony, or the two-to-four-year band for a misdemeanor.
• Not married. That the two were not spouses.

The ages and the exact age gap are everything here. They can move a case from felony to misdemeanor, or out of criminal territory entirely. The State carries the burden. That is where a real defense begins.

What happens after a statutory rape arrest in Louisiana?

Say Marcus is arrested after an allegation and booked. Within seventy-two hours he sees a judge for an initial appearance, where a bond is either set or denied. If the charge is the felony version, and he stays in jail, the State has sixty days to formally charge him, under La. C.Cr.P. art. 701.

Then comes arraignment and a plea. Early on, the fight is often about the exact ages and the age gap, and whether the case should be a misdemeanor rather than a felony. That difference decides whether registration is even on the table. Early work matters.

What are the defenses to statutory rape?

• The age gap. If the difference in ages does not meet the felony threshold, the charge may be only a misdemeanor, or no crime at all.
• Marriage. The statute does not apply where the two are spouses.
• No intercourse. The State must prove intercourse occurred. Where that proof is weak, the case can fail.
• Reducing a felony to a misdemeanor. Even where conduct occurred, moving the case to the misdemeanor version can avoid sex offender registration.
• Unlawful search or interrogation. Evidence taken through an illegal search or a rights violation may be suppressed.

One caution: the minor’s consent and not knowing the minor’s true age are not defenses under this statute. That makes the age math and the charge level the real focus.

How we defend a statutory rape charge

I have taken more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. We gather the evidence, pin down the exact ages and the age gap, and examine any forensic proof for how it was collected and interpreted. Small facts here change the whole level of the case.

A central goal is often keeping a client off the sex offender registry, which means fighting to keep the case in the misdemeanor range where the law allows. Early aggressive representation makes a difference. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is the age of consent in Louisiana?

The age of consent in Louisiana is seventeen. A person under seventeen generally cannot legally consent to sexual intercourse with an adult. That is why the minor agreeing to the activity is not a defense to carnal knowledge of a juvenile. The law focuses on the ages of the two people and the gap between them, not on whether the younger person said yes.

What is the difference between the felony and misdemeanor versions?

It is the age gap. Felony carnal knowledge under La. R.S. 14:80 applies when the difference in ages is four years or greater, and carries up to ten years and sex offender registration. The misdemeanor version under La. R.S. 14:80.1 applies when the gap is more than two but less than four years. It carries up to six months, no registration, and eligibility to have the conviction set aside.

Is it a defense that I did not know the person’s age?

No. Under this statute, lack of knowledge of the juvenile’s age is not a defense, and neither is the juvenile’s consent. That surprises many people. Because those common arguments are off the table, the defense usually focuses on the exact ages, the age gap, whether intercourse can be proven, and whether the case belongs in the misdemeanor rather than the felony range.

Will a conviction put me on the sex offender registry?

It depends on the version. A felony conviction under La. R.S. 14:80 requires sex offender registration. The misdemeanor version under La. R.S. 14:80.1 specifically does not require registration, and the offender may be eligible to have the conviction set aside. That is why fighting to keep a case in the misdemeanor range, where the facts allow, can matter as much as the sentence itself.

Talk to a Louisiana sex crime defense lawyer

A statutory rape charge can carry lifelong consequences, but the age math and the charge level often leave real room to fight. A few questions help us understand your case. Has an arrest already happened? What are the exact ages involved? Is this charged as a felony or a misdemeanor?

Check Jarrett’s availability for your case or call 225-330-7009. The sooner we start, the more we can do.

Louisiana Carnal Knowledge Statutes: La. R.S. 14:80 and 14:80.1

Always verify current statute text at the Louisiana State Legislature. The following are excerpts.

§80. Felony carnal knowledge of a juvenile
A. Felony carnal knowledge of a juvenile is committed when: (1) A person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age, when the victim is not the spouse of the offender and when the difference between the age of the victim and the age of the offender is four years or greater….
C. Lack of knowledge of the juvenile’s age shall not be a defense….
D.(1) Whoever commits the crime of felony carnal knowledge of a juvenile shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both….

§80.1. Misdemeanor carnal knowledge of a juvenile
A. Misdemeanor carnal knowledge of a juvenile is committed when a person who is seventeen years of age or older has sexual intercourse, with consent, with a person who is thirteen years of age or older but less than seventeen years of age… and when the difference between the age of the victim and age of the offender is greater than two years, but less than four years.
D. Whoever commits the crime of misdemeanor carnal knowledge of a juvenile shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
F. The offender shall not be subject to any of the provisions of law which are applicable to sex offenders, including… registration….

Source: La. R.S. 14:80 and 14:80.1 (Louisiana State Legislature). Excerpted; some subsections summarized.

Related sex crime defenses

Also see our defense guides for sex assault, indecent behavior with a juvenile, and online solicitation.