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Regular Session, 2012
SENATE BILL NO. 428
BY SENATOR KOSTELKA
SEX OFFENSES. Creates the crime of unlawful presence or contact of a sex offender
relative to a former victim. (gov sig)
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 former8
victim9
A. It shall be unlawful for any person convicted of a sex offense as10
defined in R.S. 15:541 to engage in any of the following:11
(1) Establish a residence or physically reside within three miles of the12
victim of the offense for which he was convicted.13
(2) Knowingly be physically present within three hundred feet of the14
victim of the offense for which he was convicted.15
(3) Communicate, either by electronic communication, in writing, or16
orally, with the victim of the offense for which he was convicted or an17 SB NO. 428
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immediate family member of the victim, unless the victim consents to such1
communication in writing and the communication is made pursuant to the2
provisions of R.S. 46:1846.3
B. For purposes of this Section, "immediate family member" means the4
spouse, mother, father, aunt, uncle, sibling, or child of the victim, whether5
related by blood, marriage, or adoption.6
C.(1) Whoever violates the provisions of Paragraphs (A)(1) or (2) of this7
Section shall be fined not more than one thousand dollars, imprisoned with or8
without hard labor for not more than one year, or both.9
(2) Whoever violates the provisions of Paragraph (A)(3) of this Section10
shall be fined not more than five hundred dollars, imprisoned for not more than11
six months, or both.12
D.(1)(a) It shall be an affirmative defense to prosecution for a violation13
of Paragraph (A)(1) of this Section if the property where the offender resides14
was occupied by the offender prior to the date on which the victim began15
residing within three miles of the residence of the offender.16
(b) The affirmative defense provided in Subparagraph (1)(a) of this17
Subsection shall not be available to an offender who pleads guilty to or is18
convicted of a subsequent sex offense as defined in R.S. 15:541 against the same19
victim after the victim began residing within three miles of the residence of the20
offender.21
(2)(a) It shall be an affirmative defense to prosecution for a violation of22
Paragraph (A)(1) of this Section if the property where the offender resides was23
occupied by the offender prior to August 1, 2012.24
(b) The affirmative defense provided in Subparagraph (2)(a) of this25
Subsection shall not be available to an offender who pleads guilty to or is26
convicted of a subsequent sex offense as defined in R.S. 15:541 against the same27
victim after August 1, 2012.28
Section 2. This Act shall become effective upon signature by the governor or, if not29 SB NO. 428
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signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
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.
2. Be 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 is to 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 is to 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
8/1/12, unless the offender pleads guilty to or is convicted of a subsequent sex
offense against the same victim after 8/1/12.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:91.9)