SLS 12RS-37 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 4
BY SENATOR MORRELL AND REPRESENTATI VE LEGER
CRIME/PUNISHMENT. Criminalizes the failure to report the sexual abuse of a child. (gov
sig)
AN ACT1
To enact R.S. 14:403(A)(4), relative to abuse of children; to provide for mandatory reporting2
of sexual abuse of a child; to provide for penalties; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 14:403(A)(4) is hereby enacted to read as follows: 5
ยง403. Abuse of children; reports; waiver of privilege 6
A. * * *7
(4) Notwithstanding the provisions of Paragraph (1) of this Subsection,8
any person who witnesses sexual abuse of a child and knowingly and willfully9
fails to report the sexual abuse to law enforcement shall be guilty of a felony and10
upon conviction shall be fined not more than ten thousand dollars or11
imprisoned with or without hard labor for not more than five years, or both.12
* * *13
Section 2. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17 SB NO. 4
SLS 12RS-37 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
effective on the day following such approval.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law requires certain persons to report the abuse or neglect or sexual abuse of a child.
Present law criminalizes such persons who willfully and knowingly fail to report such abuse.
Proposed law retains present law and requires that any person who witnesses sexual abuse
of a child and knowingly and willfully fails to report the sexual abuse to law enforcement
shall be guilty of a felony and upon conviction shall be fined not more than $10,000 or
imprisoned with or without hard labor for not more than five years, or both.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:403(A)(4))