{
 "citation": "14:93",
 "heading": "Cruelty to juveniles",
 "doc_id": "78723",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78723",
 "classification": "F",
 "enacted_year": "1985",
 "last_amended_year": "1999",
 "penalties": [
  {
   "subsection": "D(1)",
   "text": "D.(1) Whoever commits the crime of cruelty to juveniles shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than ten years, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D(2)",
   "text": "(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, whoever commits the crime of cruelty to juveniles as defined in Paragraph (A)(1) of this Section when the victim is eight years old or younger shall be imprisoned at hard labor for not more than twenty years.",
   "los_min": "0",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "when the victim is eight years old or younger shall be imprisoned at hard labor for not more than twenty years."
  }
 ],
 "referenced_statutes": [
  "40:1299.36.1",
  "40:983"
 ],
 "text": "RS 14:93\n\n\u00a793. Cruelty to juveniles\n\nA. Cruelty to juveniles is:\n\n(1) The intentional or criminally negligent mistreatment or neglect by anyone\nseventeen years of age or older of any child under the age of seventeen whereby unjustifiable\npain or suffering is caused to said child. Lack of knowledge of the child's age shall not be\na defense; or\n\n(2) The intentional or criminally negligent exposure by anyone seventeen years of\nage or older of any child under the age of seventeen to a clandestine laboratory operation as\ndefined by R.S. 40:983 in a situation where it is foreseeable that the child may be physically\nharmed. Lack of knowledge of the child's age shall not be a defense.\n\n(3) The intentional or criminally negligent allowing of any child under the age of\nseventeen years by any person over the age of seventeen years to be present during the\nmanufacturing, distribution, or purchasing or attempted manufacturing, distribution, or\npurchasing of a controlled dangerous substance in violation of the Uniform Controlled\nDangerous Substances Law. Lack of knowledge of the child's age shall not be a defense.\n\nB. The providing of treatment by a parent or tutor in accordance with the tenets of\na well-recognized religious method of healing, in lieu of medical treatment, shall not for that\nreason alone be considered to be criminally negligent mistreatment or neglect of a child. The\nprovisions of this Subsection shall be an affirmative defense to a prosecution under this\nSection. Nothing herein shall be construed to limit the provisions of R.S. 40:1299.36.1.\n\nC. The trial judge shall have the authority to issue any necessary orders to protect the\nsafety of the child during the pendency of the criminal action and beyond its conclusion.\n\nD.(1) Whoever commits the crime of cruelty to juveniles shall be fined not more than\none thousand dollars or imprisoned with or without hard labor for not more than ten years,\nor both.\n\n(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, whoever\ncommits the crime of cruelty to juveniles as defined in Paragraph (A)(1) of this Section when\nthe victim is eight years old or younger shall be imprisoned at hard labor for not more than\ntwenty years.\n\nActs 1985, No. 827, \u00a71; Acts 2004, No. 143, \u00a71; Acts 2008, No. 7, \u00a71; Acts 2018,\nNo. 479, \u00a71.\n\nNOTE: R.S. 40:1299.36.1, referenced in Subsection E, was terminated by Acts 1999,\nNo. 788, \u00a73."
}