BATON ROUGE - Former La. Senator and State Rep. Francis Heitmeier was issued a summons after allegedly touching a 16-year-old Tiger Stadium employee without her consent.

Documents obtained by the WBRZ Investigative Unit show the incident occurred in the suites area during the LSU-USC football game in October. 

Heitmeier, 75, is accused of touching the girl's shoulders and back and as well as kissing her on her head.

Last week, he was read his Miranda Rights and issued a misdemeanor summons for simple battery by LSUPD, which, according to police, constitutes an arrest. 

However, since it was a summons, Heitmeier was not booked into jail and his mugshot was not taken. 

His lawyer, Pat Fanning, calls the ordeal a misunderstanding. Fanning says Heitmeier asked if he could hug the employee, but did not hear her say 'no' and did it anyway, as well as kiss her on the forehead. Fanning also disputes that he was actually arrested.

In Louisiana, simple battery doesn't have to be a violent offense.

"Any use of force, however slight, could be a battery," said defense attorney Tommy Dewey. 

Dewey says it's usually up to the discretion of law enforcement.

"Without the consent of that person, if you touch somebody, that is considered simple battery. Now, I'd like to think that we'd try to keep it within reason, but if you don't know someone and you're touching them, that would fall within simple battery."

He says the intent of the person being accused doesn't always matter.

"Many people were raised with 'I'm gonna give you a hug, handshake, a kiss on the cheek' and they think nothing of it because that's the way they were raised, but different generations now feel it's uncomfortable or places them in apprehension or fear, then they're within their rights to move forward."

Heitmeier was elected State Rep. for Orleans Parish in 1984 and served until 1992, when he was elected to the State Senate, where he served until 2008. He ran for Secretary of State in 2006.