HLS 10RS-1376 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 431
BY REPRESENTATIVE HARDY
CRIME/SEX OFFENSES: Provides for a life sentence for a second or subsequent
conviction of molestation of a juvenile
AN ACT1
To enact R.S. 14:81.2(G), relative to molestation of a juvenile; to provide penalties for a2
second or subsequent conviction of molestation of a juvenile; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:81.2(G) is hereby enacted to read as follows: 6
ยง81.2. Molestation of a juvenile7
* * *8
G. On a conviction of a second or subsequent offense, whoever commits the9
crime of molestation of a juvenile by violating any provision of this Section shall be10
punished by life imprisonment at hard labor without benefit of parole, probation, or11
suspension of sentence.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hardy HB No. 431
Abstract: Requires a life sentence for a second or subsequent conviction of molestation of
a juvenile.
Present law provides that molestation of a juvenile is the commission by anyone over the age
of 17of any lewd or lascivious act upon the person or in the presence of any child under the
age of 17, where there is an age difference of greater than two years between the two HLS 10RS-1376 ORIGINAL
HB NO. 431
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
persons, with the intention of arousing or gratifying the sexual desires of either person, by
the use of force, violence, duress, menace, psychological intimidation, threat of great bodily
harm, or by the use of influence by virtue of a position of control or supervision over the
juvenile.
Present law provides for the following penalties for the crime of molestation of a juvenile:
(1)When the victim is 13 years of age or older but has not yet attained the age of 17, the
offender shall be fined not more than $5,000, imprisoned, with or without hard labor,
for not less than five nor more than 10 years, or both.
(2)When the victim is 13 years of age or older but has not yet attained the age of 17, and
when the offender has control or supervision over the juvenile, the offender shall be
fined not more than $10,000, imprisoned, with or without hard labor, for not less
than five nor more than 20 years, or both.
(3)When the incidents of molestation recur during a period of more than one year, the
offender shall, on first conviction, be fined not more than $10,000, imprisoned, with
or without hard labor, for not less than five nor more than 40 years, or both.
(4)When the victim is under the age of 13 years, the offender shall be imprisoned at
hard labor for not less than 25 years nor more than 99 years.
(5)When the victim is 13 years of age or older but has not yet attained the age of 17, and
when the offender is an educator of the juvenile, the offender shall be fined not more
than $10,000, imprisoned, with or without hard labor, for not less than five nor more
than 40 years, or both.
Proposed law retains present law and provides that on a second or subsequent conviction of
molestation of a juvenile, the offender shall be punished by life imprisonment at hard labor
without benefit of parole, probation, or suspension of sentence.
(Adds R.S. 14:81.2(G))