HLS 12RS-262 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 70
BY REPRESENTATIVE ST. GERMAIN
CRIME/SEX OFFENSES: Creates the crime of unlawful presence or contact of a sex
offender relative to a former victim
AN ACT1
To enact R.S. 14:91.9, relative to sexual offenders; to prohibit sex offenders from residing2
or being physically present within a certain distance of a former victim; to prohibit3
sex offenders from communicating with a former victim; to provide for penalties; to4
provide for affirmative defenses; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:91.9 is hereby enacted to read as follows: 7
ยง91.9. Unlawful presence or contact of a sex offender relative to a former victim8
A. It shall be unlawful for any person convicted of a sex offense as defined9
in R.S. 15:541 to do any of the following:10
(1) Establish a residence or physically reside within three miles of the victim11
of the offense for which he was convicted.12
(2) Knowingly be physically present within three hundred feet of the victim13
of the offense for which he was convicted.14
(3) Communicate, either by electronic communication, in writing, or orally,15
with the victim of the offense for which he was convicted or an immediate family16
member of the victim, unless the victim consents to such communication in writing17
and the communication is made pursuant to the provisions of R.S. 46:1846.18
B. For purposes of this Section, "immediate family member" means the19
spouse, mother, father, aunt, uncle, sibling, or child of the victim, whether related by20
blood, marriage, or adoption.21 HLS 12RS-262 REENGROSSED
HB NO. 70
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are additions.
C.(1) Whoever violates the provisions of Paragraphs (A)(1) or (2) of this1
Section shall be fined not more than one thousand dollars, imprisoned with or2
without hard labor for not more than one year, or both.3
(2) Whoever violates the provisions of Paragraph (A)(3) of this Section shall4
be fined not more than five hundred dollars, imprisoned for not more than six5
months, or both.6
D.(1)(a) It shall be an affirmative defense to prosecution for a violation of7
Paragraph (A)(1) of this Section if the property where the offender resides was8
occupied by the offender prior to the date on which the victim began residing within9
three miles of the residence of the offender.10
(b) The affirmative defense provided in Subparagraph (a) of this Paragraph11
shall not be available to an offender who pleads guilty to or is convicted of a12
subsequent sex offense as defined in R.S. 15:541 against the same victim after the13
victim began residing within three miles of the residence of the offender.14
(2)(a) It shall be an affirmative defense to prosecution for a violation of15
Paragraph (A)(1) of this Section if the property where the offender resides was16
occupied by the offender prior to August 1, 2012.17
(b) The affirmative defense provided in Subparagraph (a) of this Paragraph18
shall not be available to an offender who pleads guilty to or is convicted of a19
subsequent sex offense as defined in R.S. 15:541 against the same victim after20
August 1, 2012.21
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)]
St. Germain HB No. 70
Abstract: Creates the crime of unlawful presence or communication of a sex offender
relative to a former victim.
Proposed law prohibits a sex offender from engaging in any of the following:
(1)Establishing a residence or physically residing within three miles of the victim of the
offense for which he was convicted. HLS 12RS-262 REENGROSSED
HB NO. 70
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are additions.
(2)Knowingly being physically present within 300 feet of the victim of the offense for
which he was convicted.
(3)Communicating with the victim of the offense for which he was convicted or an
immediate family member of the victim, unless the victim consents to such
communication in writing.
Proposed law defines "immediate family member" as the spouse, mother, father, aunt, uncle,
sibling, or child of the victim, whether related by blood, marriage, or adoption.
Proposed law provides for the following penalties:
(1)Whoever violates the provisions of Paragraphs (1) and (2) of proposed law shall be
fined not more than $1,000, imprisoned for not more than one year, or both.
(2)Whoever violates the provisions of Paragraph (3) of proposed law shall be fined not
more than $500, imprisoned for not more than six months, or both.
Provides for the following affirmative defenses to prosecution for a violation of proposed
law:
(1)If the property where the offender resides was occupied by the offender prior to the
date on which his victim began residing within three miles of the residence of the
offender, unless the offender pleads guilty to or is convicted of a subsequent sex
offense against the same victim after the victim began residing within three miles of
the offender.
(2)If the property where the offender resides was occupied by the offender prior to Aug.
1, 2012, unless the offender pleads guilty to or is convicted of a subsequent sex
offense against the same victim after Aug. 1, 2012.
(Adds R.S. 14:91.9)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Provided that the offender cannot knowingly be physically present within 300
feet of the victim of the offense for which he was convicted.