State v. Sanderson, 715 So.2d 483 (La. Ct. App. 1998)

Cases | State v. Sanderson, 715 So.2d 483 (La. Ct. App. 1998) | 2018

The defendant engaged in a sexual relationship with a sixteen-year-old girl who was in foster care of the State. The victim gave birth to a son and the State suspected that the defendant was the child’s father. The defendant pled no contest to carnal knowledge of a juvenile and was ordered to reimburse the State for the cost of child care as a condition of probation. On appeal, the defendant claimed that restitution to the State for costs of care of a child born from illegal sexual encounters between the defendant and the victim was not permitted by law. The appellate court vacated the condition of probation. La. Code Crim. Proc. Ann. art. 895.1 does not list the State as one of the parties who may receive restitution as a condition of probation. Costs of child rearing resulting from the unplanned and unwanted birth of a child conceived by a criminal sexual act are not compensable damages. Finally, the obligation to provide support as the biological father of the child must be established before ordering of child support or reimbursement to the State for support of the child.