A Review of Statute of Limitations (Prescription) For Louisiana Sex Crimes

A Review of Statute of Limitations (Prescription) For Louisiana Sex Crimes

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For various reasons, the Louisiana legislature has enacted legislation granting extended prescription dates (otherwise known as statute of limitations dates) on the prosecution of sex crimes.  Although prosecution for most felonies must begin within either four or six years, for a long list of sex crimes the time limit for instituting prosecution has been extended to 30 years after the victim reaches the age of 18.  The list of sex crimes with this extended prescription date is below.  An interesting issue that would bear research is whether the extended prescription date–which was apparently instituted in 1993–would be considered an ex post facto law if used to prosecute someone who allegedly committed the crime before the extended-prescription law took effect.  That is, does changing the prescription date on a crime count as a substantive or procedural change in the law?

Louisiana Code of Criminal Procedure Article 571.1 contains the list of sex crimes with an extended prescription date.  Note also that aggravated rape and forcible rape are never subject to prescription, pursuant to Article 571.

Sexual Battery (R.S. 14:43.1),

Second degree sexual battery (R.S. 14:43.2)

Oral sexual Battery (R.S. 14:43.3)

Human Trafficking (R.S. 14:46.2(B)(2)

Trafficking of Children for Sexual Purposes (R.S. 14:46.3)

Felony Carnal Knowledge of a Juvenile (R.S. 14:80)

Indecent Behavior with Juveniles (R.S. 14:81)

Pornography Involving Juveniles (R.S. 14:81.1)

Molestation of a Juvenile (R.S. 14:81.2)

Prostitution of Persons under eighteen (R.S. 14:82.1)

Enticing persons into prostitution (R.S. 14:86),

Crime against nature (R.S. 14:89)

Aggravated crime against nature (R.S. 14:89.1)

Crime against nature by solicitation (R.S. 14:89.2(B)(3))

Incest (R.S. 14:78),

Aggravated incest (R.S. 14:78.1) which involves a victim under seventeen years of age

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