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Regular Session, 2011
HOUSE BILL NO. 141
BY REPRESENTATIVE STIAES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/SEX OFFENSES: Provides with respect to the crimes of crime against nature and
crime against nature by solicitation
AN ACT1
To amend and reenact R.S. 14:89.2(B)(2) and R.S. 15:541(24)(a) and to repeal R.S.2
14:89.2(C), relative to crime against nature; to amend criminal penalties for crime3
against nature by solicitation; to remove certain offenses from the list of offenses for4
which an offender shall comply with sex offender registration and notification5
requirements; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:89.2(B)(2) is hereby amended and reenacted to read as follows:8
§89.2. Crime against nature by solicitation9
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B.11
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(2) Whoever violates the provisions of this Section, on a second or13
subsequent conviction thereof, shall be fined not less than two hundred fifty dollars14
and not more than two thousand dollars, or imprisoned, with or without hard labor,15
for not more than five two years, or both.16
* * *17
Section 2. R.S. 15:541(24)(a) is hereby amended and reenacted to read as follows:18
§541. Definitions19
For the purposes of this Chapter, the definitions of terms in this Section shall20
apply:21
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(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,1
or conviction for the perpetration or attempted perpetration of or conspiracy to2
commit human trafficking when prosecuted under the provisions of R.S.3
14:46.2(B)(2) or (3), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S.4
14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime against nature),5
R.S. 14:89.1 (aggravated crime against nature), R.S. 14:80 (felony carnal knowledge6
of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S.14:81.17
(pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile), R.S.8
14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.4 (prohibited sexual9
conduct between an educator and student), R.S. 14:92(A)(7) (contributing to the10
delinquency of juveniles), R.S. 14:93.5 (sexual battery of the infirm), R.S.11
14:106(A)(5) (obscenity by solicitation of a person under the age of seventeen), R.S.12
14:283 (video voyeurism), R.S. 14:41 (rape), R.S. 14:42 (aggravated rape), R.S.13
14:42.1 (forcible rape), R.S. 14:43 (simple rape), R.S. 14:43.1 (sexual battery), R.S.14
14:43.2 (second degree sexual battery), R.S. 14:43.3 (oral sexual battery), R.S.15
14:43.5 (intentional exposure to AIDS virus), or a second or subsequent conviction16
of R.S. 14:283.1 (voyeurism), committed on or after June 18, 1992, or committed17
prior to June 18, 1992, if the person, as a result of the offense, is under the custody18
of the Department of Public Safety and Corrections on or after June 18, 1992. A19
conviction for any offense provided in this definition includes a conviction for the20
offense under the laws of another state, or military, territorial, foreign, tribal, or21
federal law which is equivalent to an offense provided for in this Chapter, unless the22
tribal court or foreign conviction was not obtained with sufficient safeguards for23
fundamental fairness and due process for the accused as provided by the federal24
guidelines adopted pursuant to the Adam Walsh Child Protection and Safety Act of25
2006.26
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Section 3. R.S. 14:89.2(C) is hereby repealed in its entirety.28
Section 4. The provisions of Sections 2 and 3 of this Act shall be applied both29
prospectively and retroactively. Any person convicted of R.S. 14:89 or 89.2 who is under30
an obligation to register as a sex offender as of the effective date of this Act shall be relieved31 HLS 11RS-686 ORIGINAL
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of the obligation to comply with the sex offender registration and notification requirements1
provided for in Chapter 3-B of Title 15 of the Louisiana Revised Statutes of 1950.2
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)]
Stiaes HB No. 141
Abstract: Removes crime against nature and crime against nature by solicitation from the
list of offenses for which an offender shall comply with sex offender registration and
notification requirements and amends penalties for crime against nature by
solicitation.
Present law provides that a person convicted a second or subsequent time of crime against
nature by solicitation shall be punished by a fine of not more than $2,000, imprisonment,
with or without hard labor, for not more than five years, or both.
Proposed law amends present law penalties for a second or subsequent conviction of crime
against nature by solicitation by imposing a fine not less than $250 nor more than $2,000,
imprisonment for not more than two years, or both.
Present law requires a person convicted of crime against nature to comply with the sex
offender registration and notification requirements and a person convicted of crime against
nature by solicitation to comply with these requirements when either of the following occur:
(1)The offender has a previous conviction of crime against nature by solicitation.
(2)The person being solicited is under the age of 17 years.
Proposed law removes crime against nature and crime against nature by solicitation from the
list of offenses for which an offender shall comply with sex offender registration and
notification requirements.
(Amends R.S. 14:89.2(B)(2) and R.S. 15:541(24)(a); Repeals R.S. 14:89.2(C))