Raising Up An Alliance of Discerning Luminaries

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In Louisiana, the crime of larceny is a form of theft, and punishment for youth depends on the value of the stolen property and whether it is a first offense. For first-time youth offenders, diversion programs for rehabilitation are often favored over punishment. Penalties can range from community service and probation for minor offenses to more serious consequences like jail time and significant fines for higher-value or repeat offenses. Factors Determining the Crime and Punishment

• Value of the Stolen Property: This is the primary factor in determining if a theft is a misdemeanor or a felony, which dictates the severity of the charge. 
• First-Time Offender Status: For a first offense, the juvenile court system often prioritizes rehabilitative approaches, such as diversion programs, rather than severe punishment. 
• Criminal History: Prior offenses, even if minor, can lead to harsher sentences. 

Common Penalties for Juvenile Theft (Shoplifting)

• Diversion Programs: These programs, offered by the Louisiana Office of Juvenile Justice, focus on rehabilitation. 
• Probation: This may include requirements like performing community service or maintaining a certain Grade Point Average (GPA). 
• Fines and Jail Time: For more serious or repeated offenses, especially those of higher value, penalties can escalate to significant fines and potential jail time. 

Specific Charge Types (Based on Value) 

• Misdemeanor Theft: Generally for property valued under $1,000. 
• Felony Theft: For property valued at $1,000 or more. 
• Larceny: This term is often used interchangeably with theft, particularly grand theft, which refers to higher-value items. 

Important Considerations

• Rehabilitation Focus: Louisiana's juvenile justice system is designed to recognize the potential for a criminal record to hinder future opportunities, leading to a focus on rehabilitation for youth. 

  In Louisiana, a youth's probation violation is not a new crime but a breach of a court order. Penalties are determined during a court hearing and can range from intensified supervision to detention, depending on the severity of the violation and the youth's history. The violation process

1. Violation occurs: A juvenile on probation fails to meet a condition set by the court. This could be a "technical violation," such as breaking curfew or missing a meeting, or a "substantive violation," which involves committing a new offense.
2. Report filed: The probation officer files a violation of probation (VOP) complaint with the court. For serious violations, the youth may be arrested and detained.
3. Court hearing: A judge holds a revocation hearing to determine if a violation occurred. The judge only needs to find that it is "more likely than not" that the youth violated probation, which is a lower burden of proof than for a criminal trial.
4. Judge's decision: If the judge finds a violation occurred, they have broad discretion in determining the consequences. 

Potential punishments and outcomesThe court can choose from a range of sanctions depending on the specifics of the case. Lesser sanctions

• Reprimand and warning: For minor, first-time violations, the court may simply issue a stern warning.
• Increased supervision: The court can order more frequent check-ins with the probation officer.
• Additional conditions: The judge may add new requirements to the probation terms, such as stricter curfews, community service, or counseling.
• Extended probation: The court can lengthen the period of probation. 

More serious sanctions

• Placement in a facility: For more serious violations, a judge can remove the juvenile from their home and place them in a juvenile detention center or probation camp.
• Intensive probation: The court may order intensive supervision, which requires frequent contact with the probation officer and adherence to strict conditions.
• Revocation of probation: In the most serious cases, the judge can revoke the youth's probation entirely. If a suspended sentence was in place, the youth may have to serve that time in a detention facility. If a new felony offense is committed, the court will revoke probation. 

In Louisiana, running away is not considered a crime but is a "status offense" for youths under 18. Unlike crimes committed by adults, status offenses result in court intervention and family-based services rather than criminal punishment. The process is handled through the state's Families in Need of Services (FINS) program. How the FINS program addresses a runaway

• Initial police contact: When a minor is reported as a runaway, police can take them into custody. The officer will contact the parent or guardian to have the youth returned home. In some cases, the minor may be temporarily held at a runaway shelter or crisis center.
• Court involvement: If the runaway behavior is a repeated issue, the case may be referred to juvenile court as a Families in Need of Services (FINS) matter. A parent, law enforcement, or school official may also file a FINS complaint.
• Court proceedings: The FINS process is civil, not criminal, and typically includes the following stages:
  • Intake: A FINS officer meets with the family to assess the situation and connect them with community resources like counseling or mediation.
  • Hearing: If a resolution cannot be reached informally, a court hearing is held.
  • Disposition: The judge may order specific interventions to address the underlying family issues. 

Possible consequences for youth and familyInstead of jail time, the interventions and punishments for a juvenile runaway may include: 

• Court-ordered counseling: Mandatory individual or family therapy to address underlying issues.
• Residential placement: The court can place the child with a relative or in a community or group home.
• Formal supervision: The youth may be placed under court-ordered supervision or behavioral monitoring.
• Temporary detention: Although federal law generally prohibits detaining juveniles for status offenses, they may be briefly held for evaluation in some cases.
• Driver's license suspension: For habitual truancy, which can be part of ungovernable behavior, a juvenile's driving privileges may be suspended.
• Sanctions for parents: If a parent fails to enforce the court-ordered resolution, they could face penalties. 

Legal resources and supportLouisiana's Department of Children & Family Services (DCFS) oversees programs for runaway youth, including residential facilities for temporary placement. For immediate assistance, a minor can contact the National Runaway Safeline at 1-800-RUNAWAY for confidential help and referrals.
 

  In Louisiana, the handling of trespass cases for youth depends on the individual's age and the specific circumstances. While the adult penalties involve fines and jail time, juvenile court focuses more on rehabilitation. Factors influencing juvenile penalties

• Age: In Louisiana, children under a certain age (often under 10) are presumed incapable of having criminal intent. For a 10-year-old, for example, juvenile court will likely prioritize rehabilitation over punishment.
• Juvenile court process: A youth caught trespassing may receive a citation or be subject to a court petition requiring them to appear in juvenile court.
• Circumstances and intent: The court will evaluate factors such as the youth's age, criminal history, and the specific circumstances and intent behind the offense. 

Potential penalties for juvenilesInstead of or in addition to adult-style fines and jail sentences, juvenile court can impose a range of rehabilitative penalties: 

• Diversion programs: A prosecutor may recommend a diversion program to educate the youth on the law and its consequences.
• Community service: Performing community service is a common penalty for minor offenses.
• Counseling: The court may mandate counseling for the juvenile.
• Probation: Juveniles can be placed on probation, during which they must adhere to specific rules and restrictions. 

Impact on record and parents

• Criminal record: A juvenile record, even for trespassing, can potentially affect future opportunities like college admissions or employment.
• Parental responsibility: In cases involving property damage, parents or legal guardians can be held financially responsible for their child's actions.
• Contributing to the delinquency of a minor: An adult who persuades or assists a juvenile to trespass can face severe penalties, including fines up to $500 and up to six months of imprisonment. 

Important recent change in Louisiana law

• As of 2024, a new Louisiana law allows 17-year-olds to be charged and sentenced as adults for certain crimes. District attorneys have the final discretion on whether a 17-year-old is tried in the adult or juvenile system. 

  In Louisiana, truancy is addressed through interventions by the school and juvenile court system, focusing on both the youth and their parents. Truancy is not considered a crime for the youth themselves, but habitual unexcused absences can lead to a juvenile court finding of delinquency and result in penalties. Truancy process Under Louisiana law, a student is considered habitually absent or tardy under the following conditions: 

• Public School (K-8): Five unexcused absences or tardies in a single school semester.
• Nonpublic School: Absent or tardy for more than five days in any month without approval.
• Formal Reporting: When a student is identified as habitually truant, teachers and supervisors report the child to the juvenile or family court. 

Penalties for the truant youth: If the truancy is not resolved through earlier interventions, a juvenile court can order specific penalties for the student: 

• Driving privilege suspension: A student's driver's license or permit may be denied or suspended.
• Court intervention: The youth can be found delinquent and subject to the authority of the juvenile court, which can place the student in a home or institution.
• Recreational license suspension: The Department of Wildlife and Fisheries may suspend the student's recreational licenses, such as for hunting or fishing.
• Mandatory bus ridership: A court can require the student to ride the school bus.
• Community service: The student may be ordered to perform community service.
• Counseling: The court can mandate that the student and/or their parent attend counseling sessions.
• Court fees: The family may be ordered to pay court fees. 

Penalties for parents: Parents or legal guardians are responsible for their child's school attendance and face more severe penalties than the youth, particularly for subsequent offenses. Penalties may include: 

• First offense (kindergarten-8th grade): A fine of up to $50 or at least 25 hours of community service.
• Subsequent offenses: A fine of up to $250, imprisonment for up to 30 days, or both.
• Referral to court: The parent can be ordered by the court to attend parenting classes or family counseling.
• Additional requirements: Parents must ensure the student attends after-school tutoring or weekend make-up classes and attend school meetings. 

Intervention programs: Louisiana prioritizes intervention to resolve truancy issues without court involvement whenever possible. The Truancy Assessment and Service Center (TASC) program, for example, is designed to provide early intervention and support services to elementary school-aged children and their families. If a student continues to be habitually absent, the case can then be referred to the juvenile justice system.  

   In Louisiana, "ungovernable" is not a criminal offense, but rather a description of behaviors that may result in a youth being brought before a court for a status offense. The court's primary goal is to address the underlying issues, not to punish the child with a criminal conviction. Ungovernable behavior vs. delinquency

• Status offenses: These are actions that are considered offenses only because of a person's status as a minor. Examples include truancy, running away from home, and repeated disobedience. These are not criminal acts.
• Delinquency: This involves the violation of a criminal law. If a youth commits a crime, they are considered a juvenile delinquent, and the consequences will be different from those for a status offense. 

What happens in cases of ungovernable behaviorWhen a youth is found to be ungovernable, a court will step in to protect the child's welfare and address the situation. The punishment is not a criminal sentence but rather a series of interventions and dispositions that can include: 

• Counseling and programs: The court may order the youth to attend individual or family counseling sessions or enroll in educational or support programs.
• Probation and supervision: The court may place the child on probation, requiring them to regularly meet with a probation officer and abide by specific rules, such as maintaining a curfew and attending school.
• Community service: The youth may be ordered to perform a certain number of hours of community service.
• Out-of-home placement: In more serious or repeated cases, the court may order an out-of-home placement, such as with a foster family, in a residential treatment center, or in a juvenile detention center. This is generally considered a last resort. 

The role of the courtThe Louisiana justice system for juveniles is designed to be rehabilitative, not punitive. The specific interventions depend on the individual circumstances of the child and family, and the ultimate goal is to provide the support and structure the youth needs to improve their behavior and well-being.  

  In Louisiana, the possession of a handgun by a person under 18 is a crime with penalties that increase with each offense. The law and punishment apply to minors in juvenile court, but in some circumstances, a youth can be tried as an adult. The crime: Illegal possession of a handgun by a juvenileAccording to Louisiana Revised Statute 14:95.8, it is illegal for anyone under 18 to knowingly possess a handgun on their person. Penalties for illegal possession of a handgunThe legal consequences become more severe with each offense: 

• First conviction (misdemeanor): The offender may be fined up to $100 and imprisoned for 90 days to 6 months.
• Second conviction (felony): The offender may be fined up to $500 and imprisoned with or without hard labor for up to 2 years.
• Third or subsequent conviction (felony): The offender may be fined up to $1,000 and imprisoned at hard labor for up to 5 years.
• Prior crime of violence: If the juvenile has been previously adjudicated delinquent or found guilty of a crime of violence, the penalty for illegal handgun possession is a fine of $500 to $1,000 and imprisonment for 6 months to 5 years. At least 90 days of the sentence must be served without the possibility of parole. 

Discretionary judicial actions for juveniles: For juvenile offenders, a judge can impose alternative consequences that focus on rehabilitation, which may include: 

• Counseling: Mandated counseling for the juvenile, and in some cases, their parents.
• Diversion program: For first-time offenders, participation in a community-based program may result in charges being dropped.
• Probation: A period of court supervision lasting at least six months, with specific conditions such as staying in school.
• Community service: Performing volunteer hours at an approved organization.
• Detention: Placement in a group home or juvenile detention center, which is typically reserved for more serious or repeat offenses. 

Legal exemptions for minorsThe law provides several exceptions to illegal handgun possession for youth under 18, including activities such as: 

• Attending a hunter's or firearms safety course.
• Engaging in target shooting at an established range.
• Hunting or trapping with a valid license.
• Possessing a handgun at home with a parent or legal guardian's permission.
• Carrying a handgun with written parental permission. 

   In Louisiana, a juvenile charged with first or second-degree murder may be tried in adult criminal court if they are at least 15 years old at the time of the offense. Punishments can include death, life imprisonment with or without parole, or life imprisonment. The specific sentence depends on the level of murder and whether the individual was under the age of 18 at the time of the murder and conviction. Key Aspects of Louisiana Law for Juveniles Charged with Murder:

• Age of Transfer to Adult Court: If a juvenile is at least 15 years old at the time of the offense and charged with first or second-degree murder, they are under the exclusive jurisdiction of the adult criminal court. 
• Possible Punishments:
  • First-degree murder: Can result in the death penalty, life without parole, or life imprisonment with eligibility for parole after 25 years.
  • Second-degree murder: Can result in life without parole, but the juvenile is eligible for parole after 25 years. 

Manslaughter

 In Louisiana, manslaughter carries a penalty of up to 40 years in prison with hard labor, but a conviction for killing a child under the age of ten can result in a 10- to 40-year sentence without probation or parole. A juvenile can be prosecuted as an adult for a homicide offense. Louisiana Manslaughter Penalties

• Manslaughter (General): A conviction can result in imprisonment at hard labor for a period of up to 40 years. 
• Manslaughter of a Child Under Ten: If the victim was under the age of ten, the punishment is imprisonment at hard labor for a term of not less than ten years and not more than forty years, with no possibility of probation or suspension of sentence. 

Juveniles Charged as Adults 

• In Louisiana, juvenile offenders can be charged as adults for serious crimes, including murder and manslaughter.
• If a minor is charged as an adult, they are subject to the same penalties as an adult, which can include lengthy prison sentences and fines. 

Factors Determining Penalties

• Nature of the Crime: Manslaughter charges can vary based on the details of the killing, such as whether the killing was intentional (voluntary manslaughter) or unintentional (involuntary manslaughter). 
• Victim's Age: The victim's age is a significant factor, particularly if it is a child under ten. 
• Aggravating or Mitigating Circumstances: The specific facts of the case, including aggravating or mitigating factors, will be considered in sentencing. 

  In Louisiana, crimes involving sexual activity with a youth depend heavily on the victim's exact age, the age difference between the victim and offender, and whether force was used. Juvenile offenders are typically tried in the juvenile court system, but serious offenses can lead to adult prosecution. First-degree rape (victim under 13) The most severe penalties apply when a victim is under 13 years of age. A person convicted of first-degree rape in this situation faces a life sentence at hard labor without the benefit of parole, probation, or suspension of sentence. Carnal knowledge of a juvenileThis is the term for statutory rape in Louisiana, involving consensual sexual intercourse with a minor who is at least 13 years old but younger than 17. It can be charged as a misdemeanor or felony, depending on the age difference between the offender and the victim. 

• Misdemeanor: For a first offense, if the offender is between two and four years older than the victim, they face a fine of up to $1,000, up to six months in jail, or both.
• Felony: If the age difference is four or more years, the offender faces a fine of up to $5,000, up to 10 years in prison, or both. 

Sexual battery: Sexual battery is defined as the intentional touching of the victim's genitals or anus and can also result in serious penalties, particularly for offenses against children. 

• An adult (age 17 or older) who commits sexual battery against a victim under 13 years old faces a mandatory minimum of 25 years and a maximum of 99 years in prison. 

Penalties for juvenile offenders: The punishment for a minor convicted of a sex offense differs from adult sentences. Consequences often involve a combination of the following, determined by a judge in juvenile court: 

• Probation: This often includes a minimum two-year term with specific conditions, such as required treatment and counseling.
• Community service or house arrest.
• Registration: A juvenile adjudicated delinquent of first-degree rape must register as a sex offender.
• Juvenile detention: In more serious cases, the minor may be sent to a juvenile detention center. 

Other key points in Louisiana law

• Age of consent: Louisiana's age of consent is 17.
• "Romeo and Juliet" exception: This applies to consensual sexual activity between young people close in age. It may prevent criminal charges if the minor is between 13 and 17 and the age difference between the parties is two years or less.
• Ignorance of age is not a defense: An offender cannot claim they did not know the victim was a minor. 

  In Louisiana, a youth's punishment for robbery depends on several factors, including the type of robbery, their age at the time of the offense, and whether they are tried in the juvenile or adult criminal justice system. The legal landscape has changed recently, making it easier to charge older teenagers as adults. Types of robbery and associated punishmentsLouisiana law distinguishes between different levels of robbery, with penalties varying significantly. Simple robbery

• Definition: The taking of anything of value belonging to another, from the person of another or in their immediate control, by use of force or intimidation.
• Juvenile court outcome: If a minor is adjudicated in juvenile court, they may be placed in a secure care facility until their 21st birthday, or receive other sanctions focused on rehabilitation, such as probation, counseling, restitution, and community service.
• Adult court outcome: If a youth is tried as an adult, the sentence can include imprisonment for up to seven years and a fine of up to $3,000. 

First-degree robbery

• Definition: Taking something of value from another using force or intimidation, while the offender makes the victim believe they are armed with a dangerous weapon.
• Juvenile court outcome: Juveniles convicted in juvenile court can be committed to secure care under the Department of Public Safety and Corrections.
• Adult court outcome: Conviction in adult court results in a prison sentence of 3 to 40 years at hard labor, without parole, probation, or suspension of sentence. 

Armed robbery

• Definition: Taking something of value from another using force or intimidation while armed with a dangerous weapon.
• Juvenile court outcome: This offense may lead to placement in a secure facility under the Department of Public Safety and Corrections.
• Adult court outcome: Adult convictions for armed robbery carry a severe penalty of 10 to 99 years at hard labor, without parole, probation, or suspension of sentence. 

Charging youth as adultsLouisiana law allows minors, especially in serious cases like armed robbery, to be charged as adults. 

• 17-year-olds are now charged and tried as adults.
• Minors aged 14 or older who commit armed robbery can be transferred to adult court.
• Prosecutors may have discretion to charge minors 15 and older in either juvenile or adult court. 

Key takeaways for juvenile outcomes

• Juvenile court typically focuses on rehabilitation, with outcomes including counseling, probation, and residential treatment.
• Robbery is usually a felony charge. In juvenile court, a felony increases the likelihood of secure detention, but in a juvenile facility.
• Transfer to the adult system is the most serious consequence, potentially leading to the same long prison sentences adults face.