Is Lying About Age a Defense to Charges Involving Sex with a Minor in Louisiana?
Many people accused of having sexual contact with a minor — what is often called “statutory rape” in layperson’s terms — insist that the contact was consensual and that the minor lied about his or her actual age. In some cases, the minor may have gone further: presenting a fake identification, drinking in a bar, or lying about where he or she goes to school or works.
Consent is generally not a valid defense when the other party is legally a minor. But what about being lied to?
Our Shreveport rape and sex crimes defense attorney explains more below.
A Note on Terminology
Louisiana does not use the phrase “statutory rape” in its Criminal Code. Depending on the ages of the parties and the nature of the conduct, charges may instead be brought under La. R.S. 14:80 (felony carnal knowledge of a juvenile), La. R.S. 14:80.1 (misdemeanor carnal knowledge of a juvenile), La. R.S. 14:81 (indecent behavior with juveniles), La. R.S. 14:42 (first-degree rape, which applies when the victim is under 13), La. R.S. 14:43.1 (sexual battery), or La. R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental disability). The discussion below applies across these offenses.
Knowledge Does Not Matter
The short answer is no — being lied to about a minor’s age is not a valid defense in Louisiana.
The statutes do not specifically address an outright lie about age, but each of them expressly provides that lack of knowledge of the child’s age is not a defense. That rule covers even active deception, such as the use of a fake identification card. In those cases, the State may be willing to reduce charges or offer a favorable plea, but the statutory language forecloses a legal defense based solely on what the accused believed about the other person’s age.
Unfortunately, many people simply take a minor’s word for what his or her actual age is. Under Louisiana law, that is a risk the accused bears. The rule is one of strict liability on age: a good-faith belief, a reasonable mistake, and even honest deception by the other party are all legally irrelevant to the elements of the offense — although they may, as a practical matter, influence how a prosecutor exercises discretion.
In today’s digital environment, verifying age is not especially difficult. Where a relationship involves a younger person, prudence suggests using the tools available — social media, mutual acquaintances, school or employment records, and public records — before engaging in any conduct that could expose the older person to prosecution.
Age of Consent and Age Gaps
Louisiana does not have a single “age of consent” statute. The effective age of consent — 17 — is derived from the carnal knowledge framework. Under that framework, if the victim is between 13 and 16 and the age gap between the parties is four years or greater, the offense is a felony under R.S. 14:80, punishable by up to 10 years with or without hard labor and carrying mandatory sex-offender registration. If the age gap is greater than two years but less than four years, the offense is a misdemeanor under R.S. 14:80.1, punishable by up to six months in parish jail, and no sex-offender registration is required. If the age gap is two years or less, neither carnal knowledge statute applies — so an 18-year-old and a 16-year-old, exactly two years apart, fall outside both statutes.
These age-gap rules are sometimes called “Romeo and Juliet” provisions, although Louisiana does not formally use that label. Strictly speaking, the age gap is not a “defense” — it is an element of the offense that the State must prove. If the gap is too small, the offense cannot be charged to begin with.
Two Important Caveats
First, none of this applies where the victim is under 13. When the victim is under 13, the conduct falls under R.S. 14:42 (first-degree rape). There is no age-gap buffer, consent is legally irrelevant, and the penalty is life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Second, the two-year buffer above controls charges for sexual intercourse under R.S. 14:80 and 14:80.1. Non-intercourse sexual conduct is governed by R.S. 14:81 (indecent behavior with juveniles), which can apply to any lewd or lascivious act upon or in the presence of a child under 17 where the age gap is greater than two years. That statute has its own age-gap rule and is not controlled by the carnal knowledge framework.
Getting a Plea Deal
Circumstances such as being close in age, being lied to about age, or other mitigating facts can, in some cases, persuade the State to come to the table with a plea offer — perhaps one that reduces charges from a felony to a misdemeanor. That can be significant: under R.S. 14:80.1(F), a conviction for misdemeanor carnal knowledge of a juvenile does not trigger sex-offender registration. Not every sex-related misdemeanor carries the same exemption, however, so the specific statute of conviction matters.
Contact a Louisiana Criminal Defense Lawyer Today
Contact me today at the Law Offices of Philip B. Adams. I am a dedicated Louisiana criminal defense attorney who defends my clients’ rights at every stage of the case. Complete my “Contact Us” page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. My office is in Shreveport, and I handle criminal defense cases throughout Louisiana.
