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Indecent Conduct with a Minor

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robertbaines

Junior Member
What is the name of your state?Louisiana

Hello. My brother, who is 23, has a female friend who turns 16 next month. They struck up a friendship and have been having frequent phone conversations over the past couple of months and the girl claims to have fallen in love with him (their relationship has been entirely over the phone, they have never met in person). The girl's mother recently found out about this and has now forbidden my brother from having any further contact with her daughter. She even called the local sheriff to make a complaint against my brother. The sheriff called my brother on the phone and warned him that he could not have any further contact with the girl and that if he does, he would be arrested and charged with Indecent Conduct with a Minor.

My brother is taking pains to heed the warning, even though he is very concerned about the girl's state of mind (she was near suicidal when he first started talking to her and had improved since they began talking). He knows she must be very distraught at not being able to communicate with him.

My brother is very concerned that if she calls him and he answers the phone and the mother finds out, that he will be arrested. He knows he has to avoid talking to the girl, but he can't believe that this would mean that he can no longer answer his phone. He said that the girl will probably use different phones to try to get through to him, so using a caller ID would be of limited value.

What is my brother's jeopardy in this situation? If he does happen to get contacted by the girl, is he in danger of arrest? What kind of evidence would the police need to make an arrest in a case like this? He is very concerned about what the mother might do if she knew that her daughter had gotten into contact with him. The mother has been very hostile to my brother and he thinks she might even lie to the sheriff to get him in trouble. Could she get him arrested by simply stating to the police that he is still trying to contact her daughter, even though he is not?

Any help is greatly appreciated. Thanks very much.
 


BelizeBreeze

Senior Member
Unless your brother is doing something other than talking and not being honest with you, then the sheriff is a complete idiot.

First of all, there is no such crime as "Indecent Conduct with a Minor" in the Louisiana statutes. What he may be referring to is RS 14:81 "Indecent behavior with juveniles" which requires "any lewd or lascivious act upon the person or in the presence of any child under the age of seventeen"

So, unless your brother and this child are having phone sex, there is no crime. HOWEVER, I would also suggest that your brother NOT answer the phone and if he doesn't already have one, purchase an answering machine. Then, let all calls go to the answering machine until she is 17.

At that point, he can have phone sex with her and there's nothing that anyone can do.
 

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