LA. CHILD. CODE ANN. art. 725 (2023).
- There is a presumption that any minor engaged in prostitution is a victim of sex trafficking and should be provided with the appropriate care and services where possible.
LA. STAT. ANN. § 14:82(G)(1) (2023).
- It is an affirmative defense to the charge of prostitution that the defendant was a victim of trafficking of children for sexual purposes.
LA. STAT. ANN. § 14:46.2(F)(1) (2018).
- It is an affirmative defense to prosecution for prostitution that the individual, whether a minor or an adult, was a victim of trafficking involving services that include commercial sexual activity or any sexual contact.
LA. STAT. ANN. § 14:46.3(E) (2023).
- Victims of child sex trafficking victims are protected from criminalization for other offenses committed as a result of their victimization, see Laws Limiting Arrest, Charge, or Prosecution of Offenses for this state.
LA. STAT. ANN. § 14:46.3(E) (2023).
- No victim of trafficking shall be prosecuted for unlawful acts committed as a direct result of being trafficked.
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LA. CHILD. CODE ANN. art. 918 (2023).
- Provides that records concerning adjudications for prostitution as a juvenile may be expunged and sealed at any time.
LA. CHILD. CODE ANN. art. 923 (2023).
- Allows a minor to petition for vacatur of adjudications relating to prostitution without a waiting period under state or federal law when the minor’s participation was as a result of being a victim of human trafficking.
- Expungement is automatic upon granting of vacatur.
Additional Resources
LA. CODE EVID. ANN. art. 412.3 (2023).
- If a victim of trafficking of children for sexual purposes is also a defendant in any case arising from unlawful acts committed as part of the same trafficking activity, then statements made by such victim to law enforcement are inadmissible against the victim.
- The victim must cooperate with the investigation and prosecution, testify truthfully at any hearing or trial related to the trafficking activity, and agree in writing to receive services or participate in a program that provides services to victims of trafficking of children for sexual purposes.
LA. CHILD. CODE ANN. art. 804 (2023).
- The definitions of “delinquent act” and “felony-grade delinquent act” explicitly exclude prostitution for minors who were victims of trafficking of children for sexual purposes.
LA. CHILD. CODE ANN. art. 725.4 (2023).
- Upon the arrest of a minor for prostitution, the officer shall notify the Crime Victims Services Bureau of the Department of Public Safety that the minor may be eligible for special services and notify the Department of Children and Family Services that the minor is in need of protective services.
LA. STAT. ANN. § 46:2162(A) (2023).
- As soon as practicable after an encounter with someone who reasonably appears to an officer or agency to be a victim of human trafficking, such officer or agency shall notify the Crime Victims Services Bureau of the Department of Public Safety and Corrections that the person may be eligible for special services.
- The officer or agency shall also make a preliminary assessment as to whether the victim or possible victim appears to meet the criteria for certification as a victim of a severe form of trafficking under federal law or is otherwise eligible for any federal, state or local benefits and services.
State v. Curley, 250 So.3d 236 (2018)
(Finding defense counsel ineffective where defendant asserted self defense, but counsel did not consult with an expert on intimate partner violence).
Louisiana Code of Evidence Article 404(2).
- Louisiana Code of Evidence Article 404(2) waives the “overt act” evidence requirement where the
parties were in an intimate relationship, there is a history of “assaultive behavior,” and the accused
pleads self defense. In addition, it explicitly allows expert testimony on the effect of the prior abuse
on client’s state of mind.
