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Louisiana State Police |
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Sex Offender and Child Predator History |
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Louisiana State Police |
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Sex Offender and Child Predator History |
PURPOSE
Louisiana Revised Statutes (R.S.) 15:540, et. seq. states:
The legislature finds that sex offenders, sexually violent predators, and child predators often pose a high risk of engaging in sex offenses and crimes against victims who are minors even after being released from incarceration or commitment and that protection of the public from sex offenders, sexually violent predators, and child predators is of paramount governmental interest. The legislature further finds that local law enforcement officers' efforts to protect their communities, conduct investigations, and quickly apprehend offenders who commit sex offenses and crimes against victims who are minors, are impaired by the lack of information available to law enforcement agencies about convicted sex offenders, sexually violent predators, and child predators who live within the agency's jurisdiction, and the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Restrictive confidentiality and liability laws governing the release of information about sex offenders, sexually violent predators, and child predators have reduced willingness to release information that could be appropriately released under the public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense or a crime against a victim who is a minor have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Release of information about sex offenders, sexually violent predators, and child predators to public agencies, and under limited circumstances to the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.
Therefore, this state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring sex offenders, sexually violent predators, and child predators to register with state and local law enforcement agencies and to require the exchange of relevant information about sex offenders, sexually violent predators, and child predators among state, local, and federal public agencies and officials and to authorize the release of necessary and relevant information about sex offenders, sexually violent predators, and child predators to members of the general public as provided in this Chapter.
The following information is intended to be an overview of Louisiana's sex offender and child predator registration laws to assist individuals in understanding the State Sex Offender and Child Predator Registry. This is not intended to be legal advice or guidance.
HISTORY
In 1992, the Louisiana legislature enacted this state's first law mandating the registration of persons convicted of sex offenses and offenses against victims who are minors. The registration was done by local law enforcement agencies. The sheriffs' offices and police departments receiving sex offender registration information were required to forward the offender's fingerprints and related information to the Department of Public Safety and Corrections, Office of State Police, Bureau of Criminal Identification and Information (the Bureau). The Bureau was charged with maintaining a central registry of sex offenders and child predators. The registry was initially established as a manual reporting and retrieval system.
In October of 1994, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (the Wetterling Act). In broad terms, the Wetterling Act set guidelines for the state sex offender registration programs. States had three years from the enactment of the law to bring their registration programs into compliance with these federal standards. The Wetterling Act originally restricted release and dissemination of registration information. In 1996, Congress passed "Megan's Law" which amended the Wetterling Act to provide for release of registration information in accordance with state laws.
During the 1997 Regular Legislative Session, Act 1147 was passed by the Louisiana Legislature amending this state's existing sex offender registration laws to bring them into conformity with the provisions of the Jacob Wetterling Act, Megan's Law, and the Pam Lyncher Act. The new registration requirements apply to those persons convicted of a sex offense or a criminal offense against a victim who is a minor after July 1, 1997. The amendments also mandate that a central registry of sex offenders be maintained by the Bureau. This registry is known as the "State Sex Offender and Child Predator Registry". The Bureau is also mandated to participate in the National Sex Offender Registry.
DEFINITIONS:
Sex Offender: A person convicted of committing or attempting to commit any of the following enumerated sex offenses or a comparable offense under the laws of another state.
Child Predator: A person convicted of committing or attempting to commit any of the following enumerated offenses or a comparable offense under the laws of another state when the victim is a minor and the defendant is not the parent of the victim.
Sexually Violent Predator: A person convicted of one of the following enumerated sex offenses and has been determined by the sentencing court to suffer from a mental abnormality or anti-social personality disorder which makes him likely to engage in predatory sexually violent offenses.
LIST OF SEX OFFENSES ENUMERATED IN R.S. 15:542(E):
A person convicted of any of the following offenses when the victim is an adult is a sex offender. A person convicted of any of the following offenses when the victim is under the age of 18 and the defendant is not the parent of the victim is a child predator and a sex offender.
R.S. 14:92(A)(7) Contributing To The Delinquency Of A Minor - Performing Sexually Immoral Acts R.S. 14:41 Rape R.S. 14:42 Aggravated Rape R.S. 14:42.1 Forcible Rape R.S. 14:43 Simple Rape R.S. 14:43.1 Sexual Battery R.S. 14:43.2 Aggravated Sexual Battery R.S. 14:43.3 Oral Sexual Battery R.S. 14:43.4 Aggravated Oral Sexual Battery R.S. 14:43.5 Intentional Exposure to AIDS Virus R.S. 14:76 Bigamy R.S. 14:77 Abetting in Bigamy R.S. 14:78 Incest R.S. 14:78.1 Aggravated Incest R.S. 14:80 Carnal Knowledge of a Juvenile R.S. 14:81 Indecent Behavior With Juveniles R.S. 14:81.1 Pornography Involving Juveniles R.S. 14:81.2 Molestation of a Juvenile R.S. 14:89 Crime Against Nature R.S. 14:89.1 Aggravated Crime Against Nature
CRIMINAL OFFENSES AGAINST A VICTIM WHO IS A MINOR:
The following offenses are defined as criminal offenses against a victim who is a minor when the victim is under the age of eighteen and the person is not the parent of the victim. A person convicted of one of the following offenses when the victim is a minor and not the child of the offender is a Child Predator.
R.S. 14:44 Aggravated Kidnapping R.S. 14:44.1 Second Degree Kidnapping R.S. 14:45 Simple Kidnapping R.S. 14:45.1 Interference with the Custody of a Child R.S. 14:46 False Imprisonment R.S. 14:46.1 False Imprisonment; Offender Armed With Dangerous Weapon R.S. 14:82 Prostitution R.S. 14:82.1 Prostitution; Persons Under Seventeen; Additional Offenses R.S. 14:83 Soliciting For Prostitutes R.S. 14:84(1) Pandering R.S. 14:84(3) Pandering R.S. 14:84(5) Pandering R.S. 14:84(6) Pandering R.S. 14:86 Enticing Persons Into Prostitution R.S. 23:251(A)(4) Minors Under 16; Prohibited Employment Exhibited or Used For
DUTY TO REGISTER
A. The registration law in effect prior to the passage of Act 1147 in 1997 required the offender to register with the sheriff in the parish of residence and the chief of police if residing in parish with a population of more than four hundred fifty thousand. This information would then be forwarded to the Bureau. (This information is not available electronically. Inquiries for registrants under this law should be directed to the Sex Offender and Child Predator Registry at 1-800-858-0551 or 225-925-6100, Monday through Friday, between the hours of 8:00 am and 4:30 pm central time.)
B. Any person convicted after July 1, 1997 for the commission or attempted commission of a sex offense or a criminal offense against a victim who is a minor has the duty to register. This duty also extends to those found not guilty by reason of insanity for an enumerated offense. The registration shall be for a period of ten years after the date the person was released from prison, placed on parole, supervised release, or probation for such conviction, unless the underlying conviction is reversed, set aside or vacated, or the offender is pardoned.
C. Any sex offender, child predator, or sexually violent predator convicted under the laws of another state or the United States who establishes a residence in Louisiana shall also register for a period of ten years. A person subject to registration under the laws of another state or the United States who establishes a residence in Louisiana shall also register in Louisiana.
D. Any person who has been determined to be a sexually violent predator, or who has a prior conviction for an offense for which registration is required, or is convicted of an aggravated offense as defined in R.S. 15:541, shall register for life.
E. Any non-resident full or part-time worker who would be required to register in his state of residence shall register in Louisiana. This provision applies to any person employed in this state, with or without compensation, for a period of more than fourteen days or an aggregate of thirty days during a calendar year.
F. Out-of-state, full or part-time students who would be required to register in their state of residence shall register in Louisiana.
G. Any resident of this state required to register shall notify the appropriate authority if leaves this state for full or part-time employment in another state for a period of more than fourteen days or for an aggregate of thirty days during the calendar year. Such persons shall also register with the appropriate authority in the state where such work is performed.
H. Any resident of this state required to register shall notify the appropriate authority if leaving this state to enroll in any school as a full or part-time student. Such persons shall also register with the appropriate authority in the state in which the school is located.
REGISTRATION INFORMATION
The following information shall be collected by the Department of Public Safety and Corrections officer, or the court if the offender is not placed in the jurisdictional custody of the Department Public Safety and Corrections:
Within three days of obtaining the above information, the registering officer shall forward the information to the Bureau, along with the offender's criminal history, photograph, identifying factors, and fingerprints. This information is immediately entered into the Registry and is also forwarded to the sheriff of the parish in which the offender resides and the chief of police if it has a municipal police department. The Bureau shall also transmit the information necessary for entey into the National Sex Offender Registry.
NOTIFICATION TO THOSE WITH A DUTY TO REGISTER
If a person required to register is released from prison, placed on parole, supervised release, or probation, a Department of Public Safety and Corrections officer or the court shall:
A. Inform the person of the duty to register then obtain the information required for registration.
B. Inform the person that if he changes residence address, he shall give the new address in writing to the Bureau within ten days from the date of the change of address.
C. Inform the person that if he changes residence to another state, he shall notify the Bureau in writing and the law enforcement agency designated for sex offender reporting in the state to which he is moving if that state has a registration requirement, within ten days from the date he establishes residence in that state.
D. Obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense causing registration.
E. Require the person to read and sign a form acknowleding the duty of the person to register and the penalty for failure to comply.
VERIFICATION PROCEDURES
Any person required to register shall notify the Bureau in writing of any change of address within ten days of the change. Failure to register, keep registration current, or notify the Bureau of any change of address within ten days, is a criminal offense and punishable by law. Changes of address are reported to the appropriate sheriffs, chiefs of police, and the Department of Public Safety and Corrections officer if the offender is under supervision. If the offender moves to another state, the Bureau shall provide notification to the appropriate law enforcement agency in that state.
The registered offender's address is verified annually by the Bureau by mailing a nonforwardable verification of address form to the offender's last reported address. The offender has ten days to complete the verification form and return it to the Bureau. If the offender fails to return the verification form within the statutorily allotted time period, the Bureau must notify the appropriate sheriff, chief of police, and Department of Public Safety and Corrections officer if the offender is under supervision. Failure to verify address is a criminal offense punishable by law.
The address of sexually violent predators shall be verified every ninety days following receipt of initial registration.
PENALTIES
A. A person who fails to register as required by law shall be fined not more than one thousand dollars or imprisoned for not more than one year, or both upon conviction.
B. Upon a second or subsequent conviction, whoever fails to register as required shall be sentenced to imprisonment for not more than three years without benefit of parole, probation, or suspension of sentence.
C. If the offender is on released supervision, failure to register or verify address may also result in revocation of his probation or parole.