§46.3. Trafficking of children for sexual purposes
A. It shall be unlawful:
(1) For any person to knowingly recruit, harbor, transport, provide, sell, purchase,
receive, isolate, entice, obtain, or maintain the use of a person under the age of eighteen years
for the purpose of engaging in commercial sexual activity.
(2) For any person to knowingly benefit from activity prohibited by the provisions
of this Section.
(3) For any parent, legal guardian, or person having custody of a person under the
age of eighteen years to knowingly permit or consent to such minor entering into any activity
prohibited by the provisions of this Section.
(4) For any person to knowingly facilitate any of the activities prohibited by the
provisions of this Section by any means, including but not limited to helping, aiding,
abetting, or conspiring, regardless of whether a thing of value has been promised to or
received by the person.
(5) For any person to knowingly advertise any of the activities prohibited by this
Section.
(6) For any person to knowingly sell or offer to sell travel services that include or
facilitate any of the activities prohibited by this Section.
B. For purposes of this Section, "commercial sexual activity" means any sexual act
performed or conducted when any thing of value has been given, promised, or received by
any person.
C.(1) Consent of the minor shall not be a defense to a prosecution pursuant to the
provisions of this Section.
(2) Lack of knowledge of the victim's age shall not be a defense to a prosecution
pursuant to the provisions of this Section.
(3) It shall not be a defense to prosecution for a violation of this Section that the
person being recruited, harbored, transported, provided, sold, purchased, received, isolated,
enticed, obtained, or maintained is actually a law enforcement officer or peace officer acting
within the official scope of his duties.
D.(1)(a) Whoever violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of
this Section shall be fined not more than fifty thousand dollars, imprisoned at hard labor for
not less than fifteen, nor more than fifty years, or both.
(b) Whoever violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6) of this
Section when the victim is under the age of fourteen years shall be fined not more than
seventy-five thousand dollars and imprisoned at hard labor for not less than twenty-five years
nor more than fifty years. At least twenty-five years of the sentence imposed shall be served
without benefit of probation, parole, or suspension of sentence.
(c) Any person who violates the provisions of Paragraph (A)(1), (2), (4), (5), or (6)
of this Section, who was previously convicted of a sex offense as defined in R.S. 15:541
when the victim of the sex offense was under the age of eighteen years, shall be fined not
more than one hundred thousand dollars and shall be imprisoned at hard labor for not less
than fifty years or for life. At least fifty years of the sentence imposed shall be served
without benefit of parole, probation, or suspension of sentence.
(2) Whoever violates the provisions of Paragraph (A)(3) of this Section shall be
required to serve at least five years of the sentence provided for in Subparagraph (D)(1)(a)
of this Section without benefit of probation, parole, or suspension of sentence. Whoever
violates the provisions of Paragraph (A)(3) when the victim is under the age of fourteen years
shall be required to serve at least ten years of the sentence provided for in Subparagraph
(D)(1)(b) of this Section without benefit of probation, parole, or suspension of sentence.
(3) Repealed by Acts 2020, No. 352, §2.
E. No victim of trafficking as provided by the provisions of this Section shall be
prosecuted for unlawful acts committed as a direct result of being trafficked. Any child
determined to be a victim pursuant to the provisions of this Subsection shall be eligible for
specialized services for sexually exploited children.
F. The provisions of Chapter 1 of Title V of the Children's Code regarding the
multidisciplinary team approach applicable to children who have been abused or neglected,
to the extent practical, shall apply to the children who are victims of the provisions of this
Section.
G. If any Subsection, Paragraph, Subparagraph, Item, sentence, clause, phrase, or
word of this Section is for any reason held to be invalid, unlawful, or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Section.
Acts 2009, No. 375, §1; Acts 2010, No. 763, §1; Acts 2011, No. 64, §1; Acts 2012,
No. 446, §1; Acts 2014, No. 564, §1; Acts 2017, No. 180, §1, eff. June 12, 2017; Acts 2020,
No. 352, §2.