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Understanding Louisiana's prostitution, obscenity laws
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SHREVEPORT, La. (KTAL/KMSS) – Human trafficking is a complicated charge; even more complex are the other criminal acts that are often associated with trafficking and exploitation.
Human trafficking is exploitation, whether it involves forced labor or sex. However, the fine details are needed for prosecutors to secure a human trafficking conviction, including a willing victim to detail the horrors of their experiences while being trafficked.
However, not every case of prostitution meets the criteria of human trafficking, which is legally defined as the recruitment, transportation, transfer, harboring, or receipt of people through force, fraud, or deception, to exploit them for profit.
Vice units are often responsible for making arrests related to the "world's oldest profession" or prostitution. Men and women who play different roles in the exchange for sex and money, but every person can be prosecuted, unless they are proven to be unwilling victims of human trafficking. Still, with so many legal definitions, it can be difficult for people outside of the "trade" to understand why people were arrested and what crimes were committed.
People who work in the sex trade often share their exploits via social media or use social platforms to recruit additional workers or clientele. Self-proclaimed sex workers on TikTok share the pros and cons of "dating," one of many euphemisms for prostitution. At the same time, others flash large amounts of cash in veiled attempts to lure other young women and men into the lifestyle. Some of them likely have no clue that these activities could land them in jail, facing various charges, including human trafficking
Pandering: Enticing, persuading, or causing someone to enter into the practice of prostitution, whether by force, threats, promises, or manipulation. A person can also get a criminal charge of pandering by maintaining a location where prostitution is habitually practiced.
In Louisiana, a person who is identified as a pimp can be charged with pandering. Pandering refers to the act of recruiting a person to prostitute themselves. State statute RS 14:84 includes receiving or accepting earnings from prostitution, which is commonly part of the pimp's role.
Prostitution: The act of engaging in indiscriminate sexual intercourse with others in exchange for compensation. The person who agrees to compensate the prostitute for sex acts can also be charged with prostitution.
Obscenity: Intentional public exposure of genitals or other intimate parts in a manner meant to arouse sexual desire or that is patently offensive.
Louisiana law is very detailed as it relates to the legal parameters of what can be considered obscene, which includes the exposure of pubic hair and committing sexual acts in public. Louisiana RS 14:101.6 bans the promotion of obscene devices. You can use your imagination or click the link to get a better understanding of what is prohibited. Those found guilty of promoting, selling, mailing, or other legally defined offenses within the "no promoting or wholesale promotion of obscene things can be subject to fines of up to $2,500 or not more than three years in prison.