Carnal Knowledge of a Juvenile

Misdemeanor Carnal Knowledge of a Juvenile

Per La. R.S. 14:80.1, misdemeanor carnal knowledge of a juvenile occurs when one individual who is 17 years of age or older has consensual sexual intercourse with another individual who is 13 years of age or older but younger than 17 years of age. For it to be a misdemeanor, the offender must be at least 2 years older but no more than 4 years older than the victim. This crime is punishable by:

• Up to 6 months in jail
• Up to $1,000 in fines; or both

Any intercourse, no matter how slight, can result in one facing charges for carnal knowledge of a juvenile.

Felony Carnal Knowledge of a Juvenile in Louisiana

Per La. R.S. 14:80, felony carnal knowledge of a juvenile can occur in one of three ways. The first being when one individual who is 17 years of age or older has consensual sexual intercourse with another individual who is 13 years of age or older but younger than 17 years of age and the offender is at least 4 years older than the victim.

An individual who commits misdemeanor carnal knowledge of a juvenile a second or subsequent time can also face felony charges.

Felony carnal knowledge of a juvenile is punishable by:

• Up to 10 years in prison
• Up to $5,000 in fines; or both

A felony conviction requires sex offender registration, and the offense is non-expungable.

What is the Age of Consent in Louisiana?

The age of consent in Louisiana is 17 years old, but certain exceptions may not explicitly keep minors from having intimate relationships with adults and vice versa. Many of these reasons can be discussed while exploring potential defenses for your circumstances. 

More specifically, the RS 14.80 dictates that: 

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…

For example, you may argue that a 16-year-old and 17-year-old have been dating for several months and are still very close in age, reducing the likelihood that the court would view this as carnal knowledge of a juvenile for the adult.

What is the Difference Between Misdemeanor and Felony Carnal Knowledge of a Juvenile?

Put simply, the difference between a misdemeanor and a felony charge will come down to the ages of each party. If the minor party is two or three years younger than the defendant, the adult will likely face a misdemeanor. If there is an age difference of four years or greater, the defendant will likely be charged with and convicted of a felony.

Felony charges are much more likely to come with more severe penalties, including increased fines and jail time. Instances involving weapons will also be considered felony charges in most cases. However, regardless of whether you receive a felony or misdemeanor conviction, you may be required to register as a sex offender in Louisiana. Either of these could have severe impacts on several parts of your life, including your ability to find work, places to live, complete regular tasks and errands, and much more.

Is Carnal Knowledge of a Juvenile and Statutory Rape Different?

Carnal knowledge of a juvenile and statutory rape are technically the same, but the phrases are used differently based on the individual context. “Carnal knowledge of a juvenile” is the official phrasing used within the legal and court systems, so you are much more likely to hear these words during trials or other mandatory meetings.

“Statutory rape” is used more colloquially outside of legal settings. If you look into information about the colloquial phrase and see “carnal knowledge of a juvenile” included in the text, they can be read almost entirely interchangeably.

What are Common Defenses to Carnal Knowledge of a Juvenile or Statutory Rape?

If you have been charged with carnal knowledge or statutory rape, you may be interested in learning about common defenses for the crimes in question. We can explain why some arguments are stronger than others according to Louisiana law.

Marriage to the Child

According to Louisiana law, there is an exception to felony carnal knowledge when the minor and the defendant are married. Cases of marital rape may be treated differently than those involving the carnal knowledge of a juvenile.

Mistaking the Child’s Age

According to RS 14:80 C, “Lack of knowledge of the juvenile’s age shall not be a defense.” This means that the child lying about their age, believing the minor was older, or not asking are not accepted defenses for an individual’s actions.

All Parties are Minors

Also called the “Romeo and Juliet” law or exception, if two minors close in age to each other consent to being intimate with each other, there is not necessarily a case of statutory rape. Generally, minors between 13 and 16 will not be convicted with carnal knowledge of a juvenile.

There Was Consent

The idea of consent, when sexual intercourse involves an adult and a minor, can be confusing, as agreeing to the action implies the ability to make a knowledgeable decision for yourself. In a court of law, even if the minor agrees to do something sexual with an adult, the legal system will maintain that minors cannot give consent.

You Were Somewhere Else or You Have an Alibi

In some cases, there may be a genuine mistake or misunderstanding about what actions have come to pass. If you can portray that you were somewhere else or the perpetrator was not you, you may have a successful alibi. This will often require some form of evidence, including text conversations, other written communication, witness statements, or other information.

Should You Work With a Carnal Knowledge Defense Lawyer in Louisiana?

If you have been charged with carnal knowledge of a juvenile, we strongly recommend you work with a lawyer. A carnal knowledge or statutory rape defense attorney will be able to guide you through every step of the legal system, reducing or eliminating penalties in most circumstances. Your lawyer can speak on your behalf, collect and analyze evidence, complete and file any paperwork, ensure you keep up with your court schedule, and level the playing field against the other parties.

We suggest you refrain from representing yourself during legal matters, including those involving statutory rape. While this may seem like a good idea, you may accidentally worsen the consequences and penalties you face. This can have a severe and costly impact on your life, so working with a carnal knowledge defense lawyer in Louisiana make a positive difference. The Louisiana statutory rape defense attorneys from Eric G. Johnson of John D. & Eric G. Johnson Law Firm are here to help and fight for your rights.