ENROLLED
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are additions.
Regular Session, 2011
HOUSE BILL NO. 141
BY REPRESENTATIVES STIAES, ROSALIND JONES, AND PATRICIA SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 14:89.2(B)(2) and (C) and R.S. 15:541(24)(a), relative to crime2
against nature; to amend criminal penalties for crime against nature by solicitation;3
to provide with respect to the list of offenses for which an offender shall comply with4
sex offender registration and notification requirements; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:89.2(B)(2) and (C) are hereby amended and reenacted to read as8
follows:9
§89.2. Crime against nature by solicitation10
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B.12
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(2) Whoever violates the provisions of this Section, on a second or14
subsequent conviction thereof, shall be fined not less than two hundred fifty dollars15
and not more than two thousand dollars, or imprisoned, with or without hard labor,16
for not more than five two years, or both.17
* * *18
C. A violation of the provisions of Paragraphs (B)(2) and (3) Paragraph19
(B)(3) of this Section shall be considered a sex offense as defined in R.S. 15:541 and20
the offender shall be required to register as a sex offender as provided for in Chapter21
3-B of Title 15 of the Louisiana Revised Statutes of 1950.22 ENROLLEDHB NO. 141
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are additions.
Section 2. R.S. 15:541(24)(a) is hereby amended and reenacted to read as follows:1
§541. Definitions2
For the purposes of this Chapter, the definitions of terms in this Section shall3
apply:4
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(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,6
or conviction for the perpetration or attempted perpetration of or conspiracy to7
commit human trafficking when prosecuted under the provisions of R.S.8
14:46.2(B)(2) or (3), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S.9
14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime against nature),10
R.S. 14:89.1 (aggravated crime against nature), R.S. 14:89.2(B)(3) (crime against11
nature by solicitation), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S.12
14:81 (indecent behavior with juveniles), R.S.14:81.1 (pornography involving13
juveniles), R.S. 14:81.2 (molestation of a juvenile), R.S. 14:81.3 (computer-aided14
solicitation of a minor), R.S. 14:81.4 (prohibited sexual conduct between an educator15
and student), R.S. 14:92(A)(7) (contributing to the delinquency of juveniles), R.S.16
14:93.5 (sexual battery of the infirm), R.S. 14:106(A)(5) (obscenity by solicitation17
of a person under the age of seventeen), R.S. 14:283 (video voyeurism), R.S. 14:4118
(rape), R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43 (simple19
rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2 (second degree sexual battery), R.S.20
14:43.3 (oral sexual battery), R.S. 14:43.5 (intentional exposure to AIDS virus), or21
a second or subsequent conviction of R.S. 14:283.1 (voyeurism), committed on or22
after June 18, 1992, or committed prior to June 18, 1992, if the person, as a result of23
the offense, is under the custody of the Department of Public Safety and Corrections24
on or after June 18, 1992. A conviction for any offense provided in this definition25
includes a conviction for the offense under the laws of another state, or military,26
territorial, foreign, tribal, or federal law which is equivalent to an offense provided27
for in this Chapter, unless the tribal court or foreign conviction was not obtained with28
sufficient safeguards for fundamental fairness and due process for the accused as29 ENROLLEDHB NO. 141
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provided by the federal guidelines adopted pursuant to the Adam Walsh Child1
Protection and Safety Act of 2006.2
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Section 3. The provisions of this Act shall only apply to those persons convicted on4
or after August 15, 2011.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: