§82.1. Prostitution; persons under eighteen; additional offenses

            A. It shall be unlawful to do any of the following:

            (1) For any person over the age of seventeen to engage in sexual intercourse with any person under the age of eighteen who receives or agrees to receive anything of value as compensation for such activity and there is an age difference of greater than two years between the two persons.

            (2) For any parent or tutor of any person under the age of eighteen knowingly to consent to the person's entrance or detention in the practice of prostitution.

            B.(1) Lack of knowledge of the age of the person who the offender engages in sexual intercourse with shall not be a defense.

            (2) It shall not be a defense to prosecution for a violation of this Section that the person who the offender engages in sexual intercourse with consented to the activity prohibited by this Section.

            C. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual intercourse.

            D.(1) Whoever violates the provisions of Paragraph (A)(1) of this Section shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.

            (2) Whoever violates the provisions of Paragraph (A)(1) of this Section when the person who the offender engages in sexual intercourse with is under the age of fourteen shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both. Twenty-five years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.

            (3)(a) Whoever violates the provisions of Paragraph (A)(2) of this Section shall be required to serve at least five years of the sentence imposed in Paragraph (1) of this Subsection without benefit of parole, probation, or suspension of sentence.

            (b) Whoever violates the provisions of Paragraph (A)(2) of this Section when the person who the offender engages in sexual intercourse with is under the age of fourteen shall be required to serve at least ten years of the sentence imposed in Paragraph (2) of this Subsection without benefit of parole, probation, or suspension of sentence.

            E. It shall not be a defense to prosecution for a violation of this Section that the person who the offender engages in sexual intercourse with and who the offender believes to be under the age of eighteen is actually a law enforcement officer or peace officer acting within the official scope of his duties.

            F. Any person under the age of eighteen years who is determined to be a victim of this offense shall be referred and is eligible for specialized services for victims of human trafficking pursuant to R.S. 46:2161.

            Acts 1985, No. 777, §1; Acts 2008, No. 138, §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; Acts 2026, No. 637, §1.