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State Laws: Consent - Louisiana
Louisiana Law
Consent
Under Louisiana law, consent to sexual activity cannot be given by a person who is:
• forced or threatened
• incapable of understanding the nature of the conduct or resisting due to mental
incapacity caused by drugs, alcohol, or a cognitive condition
• quadriplegic, paraplegic, or has an intelligence quotient of 70 or lower
• underage (generally, the age of consent is 17 years old)
Statutes
Louisiana Law
Consent Statutes
Louisiana Revised Statutes
TITLE 14. CRIMINAL LAW
CHAPTER 1. CRIMINAL CODE
PART II. OFFENSES AGAINST THE PERSON
SUBPART C. RAPE AND SEXUAL BATTERY
14:42. First degree rape
A. First degree rape is a rape committed … [content omitted for clarity] where the anal,
oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim
because it is committed under any one or more of the following circumstances:
(1) When the victim resists the act to the utmost, but whose resistance is overcome by
force.
(2) When the victim is prevented from resisting the act by threats of great and
immediate bodily harm, accompanied by apparent power of execution.
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(3) When the victim is prevented from resisting the act because the offender is armed
with a dangerous weapon.
(4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's
age shall not be a defense.
(5) When two or more offenders participated in the act.
(6) When the victim is prevented from resisting the act because the victim suffers from a
physical or mental infirmity preventing such resistance.
B. For purposes of Paragraph (5), "participate" shall mean:
(1) Commit the act of rape.
(2) Physically assist in the commission of such act.
C. For purposes of this Section, the following words have the following meanings:
(1) "Physical infirmity" means a person who is a quadriplegic or paraplegic.
(2) "Mental infirmity" means a person with an intelligence quotient of seventy or lower.
…. [Content omitted for clarity]
14:42.1. Second degree rape
A. Second degree rape is rape committed when the anal, oral, or vaginal sexual
intercourse is deemed to be without the lawful consent of the victim because it is
committed under any one or more of the following circumstances:
(1) When the victim is prevented from resisting the act by force or threats of physical
violence under circumstances where the victim reasonably believes that such resistance
would not prevent the rape.
(2) When the victim is incapable of resisting or of understanding the nature of the act by
reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic
agent or other controlled dangerous substance administered by the offender and
without the knowledge of the victim.
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…. [Content omitted for clarity]
14:43. Third degree rape
A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual
intercourse is deemed to be without the lawful consent of a victim because it is
committed under any one or more of the following circumstances:
(1) When the victim is incapable of resisting or of understanding the nature of the act by
reason of a stupor or abnormal condition of mind produced by an intoxicating agent or
any cause and the offender knew or should have known of the victim's incapacity.
(2) When the victim, through unsoundness of mind, is temporarily or permanently
incapable of understanding the nature of the act and the offender knew or should have
known of the victim's incapacity.
(3) When the victim submits under the belief that the person committing the act is
someone known to the victim, other than the offender, and such belief is intentionally
induced by any artifice, pretense, or concealment practiced by the offender.
(4) When the offender acts without the consent of the victim.
…. [Content omitted for clarity]
14:80. 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; or
(2) A person commits a second or subsequent offense of misdemeanor carnal
knowledge of a juvenile, or a person who has been convicted one or more times of
violating one or more crimes for which the offender is required to register as a sex
offender under R.S. 15:542 commits a first offense of misdemeanor carnal knowledge of
a juvenile.
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B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual
intercourse.
C. Lack of knowledge of the juvenile's age shall not be a defense. Emission is not
necessary, and penetration, however slight, is sufficient to complete the crime.
…. [Content omitted for clarity.]
14:80.1. 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, when the
victim is not the spouse of the offender, 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.
…. [Content omitted for clarity]
Louisiana Revised Statutes
TITLE 28. MENTAL HEALTH
CHAPTER 4-A. THE DEVELOPMENTAL DISABILITY LAW
PART IV. DEVELOPMENTAL DISABILITIES SERVICES SYSTEM
28:454.3. Consent; capacity to consent
A. A person with a developmental disability is presumed to have capacity to give
consent to a particular decision, unless and until determined otherwise. The provisions
of this Section shall apply only to persons with cognitive disabilities.
(1) Capacity to give consent or make a particular decision exists when a person is able
to comprehend the purposes, consequences, risks and benefits of the decision and any
available alternatives.
…. [Content omitted for clarity]
…. [Content omitted for clarity.]
C. Decisions concerning matters that have important legal, health, safety or other long-
term consequences shall require legally adequate consent. Before a person with a
developmental disability can be deemed to have given legally adequate consent, each
of the following conditions must be met:
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(1) The person has not been placed under a judgment of interdiction or continuing
tutorship that restricts the right of the person to make the decision in question.
(2) The person has capacity to consent and has been informed of the purposes,
consequences, and risks of the decision being made and the benefits of any alternative
decision.
(3) The person understands that his withholding or withdrawing of consent shall not
prejudice future provision of care and services to him.
(4) The person is giving such consent voluntarily and free from coercion and undue
influence.
The information contained in this program may not be reproduced in whole or in part, by any
means, without permission. © Vector Solutions. All rights reserved.
