APPEALED FROM THE JUVENILE COURT EAST BATON ROUGE PARISH,
LOUISIANA DOCKET NUMBER 110, 529 HONORABLE ADAM J. HANEY,
Moore III District Attorney and Otha Curtis Nelson Jr.
Courtney Myers Assistant District Attorneys Baton Rouge,
Louisiana Attorneys for Appellant/ State of Louisiana.
Christopher T. Freyder James R. Clary Jr. Baton Rouge,
Louisiana Attorneys for Defendant/ Appellee R. K.
BEFORE: McDONALD, CRAIN, and HOLDRIDGE, JJ.
16-year-old juvenile defendant, R.K., was alleged to be
delinquent under petition number 110, 529, filed by the State
on November 1, 2016, pursuant to the Louisiana Children's
Code. The petition was based upon the
defendant's alleged commission of the following offenses
against his nephew: obscenity, a violation of LSA-R.S. 14:106
(count one); first degree rape, a violation of LSA-R.S.
14:42A(4) (count two); and indecent behavior with juveniles,
a violation of LSA-R.S. 14:81A(1) (count three). The
defendant initially denied the allegations, and the matter
was set for adjudication. After the State rested, the
defendant moved for a directed verdict of acquittal, which
the juvenile court granted as to count one and ordered that
the petition be dismissed as to count one. Thereafter,
pursuant to a plea agreement, the defendant withdrew his
denial to the allegations of the petition, entered an
admission, and the court adjudicated him delinquent as to
sexual battery on count two and indecent behavior with a
juvenile on count three.
disposition hearing, the juvenile court committed the
defendant to the custody of the Office of Juvenile Justice
(OJJ), a division of the Department of Public Safety and
Corrections, until his 21st birthday. The court
suspended that disposition and placed the defendant on
supervised probation for two years. In addition to other
conditions of probation, the court also ordered the defendant
to complete 50 hours of community service, cooperate with sex
offender treatment, pay court costs, have no contact with the
victim, and have no unsupervised contact with children under
10 years old. On appeal, the State contends that the
disposition imposed by the court is illegally lenient. For
the following reasons, we affirm the defendant's
adjudications of delinquency and disposition.
adjudication hearing was not made part of the appellate
record. According to the petition and predisposition report,
the victim's parents reported the defendant to the East
Baton Rouge Sheriff's Office after the victim disclosed
multiple incidents of sexual misconduct by the defendant
occurring between January 1, 2015 and July 31, 2016.
Specifically, the predisposition report states that, during a
forensic interview at the Children's Advocacy Center, the
victim disclosed that the defendant taught the victim how to
masturbate, grabbed the victim's penis underneath his
clothing, anally penetrated the victim, and forced the victim
to watch him masturbate.
sole assignment of error, the State contends that the
disposition imposed by the juvenile court was illegally
lenient. The State argues that the court failed to consider
the best interest of the victim and society and failed to
address the defendant's full rehabilitative needs.
adjudicating a child to be delinquent, a court should impose
the "least restrictive disposition" authorized by
LSA-Ch.C. arts. 897 through 900,  which the court finds is
consistent with the circumstances of the case, the needs of
the child, and the best interest of society. LSA-Ch.C. art.
901B. Further, LSA-Ch.C. art. 901A provides, "In
considering dispositional options, the court shall not remove
a child from the custody of his parents unless his welfare or
the safety and protection of the public cannot, in the
opinion of the court, be adequately safeguarded without such
Children's Code article 897A provides:
A. After adjudication of any felony-grade delinquent act
other than those described in Article ...