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Regular Session, 2013
HOUSE BILL NO. 127
BY REPRESENTATIVE LORUSSO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MILITARY AFFAIRS: Provides with respect to the La. Code of Military Justice
AN ACT1
To enact R.S. 29:220, 220a, and 220b, relative to the Louisiana Code of Military Justice; to2
provide for the creation of certain crimes related to sexual offenses within the3
Louisiana Code of Military Justice; to provide for definitions and punishments as it4
relates to each offense; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 29:220, 220a, and 220b are hereby enacted to read as follows: 7
§220. Article 120. Sexual assault8
A. Any person subject to this code who commits any of the following acts9
is guilty of sexual assault and shall be punished as a court-martial may direct:10
(1) A sexual act upon another person by any of the following:11
(a) Threatening or placing another person in fear;12
(b) Causing bodily harm to another person;13
(c) Making a fraudulent representation that the sexual act serves a14
professional purpose; or15
(d) Inducing a belief by any artifice, pretense, or concealment that the person16
is another person.17
(2) A sexual act upon another person when the person knows or reasonably18
should know that the other person is asleep, unconscious, or otherwise unaware that19
the sexual act is occurring.20 HLS 13RS-647 ENGROSSED
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(3) A sexual act upon another person when the other person is incapable of1
consenting to the sexual act due to any of the following:2
(a) Impairment by any drug, intoxicant, or other similar substance, and that3
condition is known or reasonably should be known by the person; or4
(b) A mental disease or defect or physical disability, and that condition is5
known or reasonably should be known by the person.6
B. Any person subject to this code who commits or causes sexual contact7
upon or by another person, if to do so would violate Subsection A of this Section,8
had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall9
be punished as a court-martial may direct.10
C. In a prosecution under this Section, in proving that a person made a threat,11
it need not be proven that the person actually intended to carry out the threat or had12
the ability to carry out the threat.13
D. An accused may raise any applicable defenses available under this14
Chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct15
in issue in any prosecution under this Section.16
E. In this code, for purposes of this Section unless the context otherwise17
requires, the following terms shall have the following meanings ascribed herein:18
(1) "Bodily harm" means any offensive touching of another, however slight,19
including any nonconsensual sexual act or nonconsensual sexual contact.20
(2) "Consent" means:21
(a) A freely given agreement to the conduct at issue by a competent person.22
An expression of lack of consent through words or conduct means there is no23
consent. Lack of verbal or physical resistance or submission resulting from the use24
of force, threat of force, or placing another person in fear shall not constitute consent.25
A current or previous dating or social or sexual relationship by itself or the manner26
of dress of the person involved with the accused in the conduct at issue shall not27
constitute consent.28 HLS 13RS-647 ENGROSSED
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(b) A sleeping, unconscious, or incompetent person cannot consent. A1
person cannot consent to force causing or likely to cause death or grievous bodily2
harm or to being rendered unconscious. A person cannot consent while under threat3
or fear or under the circumstances described in Subparagraph (A)(1)(c) or (d).4
(c) Lack of consent may be inferred based on the circumstances of the5
offense. All the surrounding circumstances shall be considered in determining6
whether a person gave consent, or whether a person did not resist or ceased to resist7
only because of another person's actions.8
(3) "Force" means:9
(a) The use of a weapon;10
(b) The use of such physical strength or violence as is sufficient to11
overcome, restrain, or injure a person; or12
(c) Inflicting physical harm sufficient to coerce or compel submission by the13
victim.14
(4) "Grievous bodily harm" means serious bodily injury and includes15
fractured or dislocated bones, deep cuts, torn members of the body, serious damage16
to internal organs, and other severe bodily injuries. Grievous bodily harm does not17
include minor injuries such as a black eye or a bloody nose.18
(5) "Sexual act" means:19
(a) Contact between the penis and the vulva or anus or mouth, and for20
purposes of this Subparagraph, contact involving the penis occurs upon penetration,21
however slight; or22
(b) The penetration, however slight, of the vulva or anus or mouth of another23
by any part of the body or by any object, with an intent to abuse, humiliate, harass,24
or degrade any person or to arouse or gratify the sexual desire of any person.25
(6) "Sexual contact" means:26
(a) Touching, or causing another person to touch, either directly or through27
the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person,28
with an intent to abuse, humiliate, or degrade any person; or29 HLS 13RS-647 ENGROSSED
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(b) Any touching, or causing another person to touch, either directly or1
through the clothing, any body part of any person, if done with an intent to arouse2
or gratify the sexual desire of any person. Touching may be accomplished by any3
part of the body.4
(7) "Threatening or placing another person in fear" means a communication5
or action that is of sufficient consequence to cause a reasonable fear that6
noncompliance will result in the victim or another person being subjected to the7
wrongful action contemplated by the communication or action.8
(8) "Unlawful Force" means an act of force committed without legal9
justification or excuse.10
§220a. Article 120a. Stalking11
A. Any person subject to this code who commits all of the following acts is12
guilty of stalking and shall be punished as a court-martial may direct:13
(1) Who wrongfully engages in a course of conduct directed at a specific14
person that would cause a reasonable person to fear death or bodily harm, including15
sexual assault, to himself or herself or a member of his or her immediate family;16
(2) Who has knowledge, or should have knowledge, that the specific person17
will be placed in reasonable fear of death or bodily harm, including sexual assault,18
to himself or herself or a member of his or her immediate family; and19
(3) Whose acts induce reasonable fear in the specific person of death or20
bodily harm, including sexual assault, to himself or herself or to a member of his or21
her immediate family.22
B. In this code, for purposes of this Section unless the context otherwise23
requires, the following terms shall have the following meanings ascribed herein:24
(1) "Course of conduct" means:25
(a) A repeated maintenance of visual or physical proximity to a specific26
person; or27
(b) A repeated conveyance of verbal threat, written threats, or threats implied28
by conduct, or a combination of such threats, directed at or towards a specific person.29 HLS 13RS-647 ENGROSSED
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(2) "Immediate family", in the case of a specific person, means a spouse,1
parent, child, or sibling of the person, or any other family member, relative, or2
intimate partner of the person who regularly resides in the household of the person3
or who within the six months preceding the commencement of the course of conduct4
regularly resided in the household of the person.5
(3) "Repeated", with respect to conduct, means two or more occasions of6
such conduct.7
§220b. Article 120b. Other sexual misconduct; indecent viewing, visual recording,8
or broadcasting9
A. Any person subject to this code who knowingly commits any of the10
following acts without legal justification or lawful authorization is found guilty of11
an offense under this Section and shall be punished as a court-martial may direct:12
(1) Knowingly and wrongfully views the private area of another person,13
without that other person's consent and under circumstances in which that other14
person has a reasonable expectation of privacy;15
(2) Knowingly and wrongfully photographs, videotapes, films, or records by16
any means the private area of another person, without that other person's consent and17
under circumstances in which that other person has a reasonable expectation of18
privacy; or19
(3) Knowingly and wrongfully broadcasts or distributes any such recording20
that the person knew or reasonably should have known was made under the21
circumstances prescribed in Paragraphs (1) and (2) of this Subsection.22
B. Any person subject to this code who compels another person to engage in23
an act of prostitution with any person shall be found guilty of forcible pandering and24
shall be punished as a court-martial may direct.25
C. Any person subject to this code who intentionally exposes, in an indecent26
manner, the genitalia, anus, buttocks, or female areola or nipple shall be found guilty27
of indecent exposure and shall by punished as a court-martial may direct.28 HLS 13RS-647 ENGROSSED
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D. In this code, for purposes of this Section, unless the context otherwise1
requires, the following terms shall have the following meanings ascribed herein:2
(1) "Act of prostitution" means a sexual act or sexual contact as defined in3
Article 120(E) of this code on account of which anything of value is given to, or4
received by, any person.5
(2) "Broadcast" means to electronically transmit a visual image with the intent6
that it be viewed by a person or persons.7
(3) "Distribute" means delivering to the actual or constructive possession of8
another, including transmission by electronic means.9
(4) "Indecent manner" means conduct that amounts to a form of immorality10
relating to sexual impurity which is grossly vulgar, obscene, and repugnant to11
common propriety, and tends to excite sexual desire or deprave morals with respect12
to sexual relations.13
(5) "Private area" means the naked or underwear-clad genitalia, anus,14
buttocks, or female areola or nipple.15
(6) "Reasonable expectation of privacy" means:16
(a) Circumstances in which a reasonable person would believe that he or she17
could disrobe in privacy, without being concerned that an image of a private area of18
the person was being captured; or19
(b) Circumstances in which a reasonable person would believe that a private20
area of the person would not be visible to the public.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)]
Lorusso HB No. 127
Abstract: Provides for crimes related to sexual assault and other sexual offenses in the La.
Code of Military Justice for which a soldier may be charged.
Present law (R.S. 29:101 et seq.) establishes the La. Code of Military Justice and provides
that the code applies to all members of the state military forces when such persons are not
subject to the Uniform Code of Military Justice. HLS 13RS-647 ENGROSSED
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Proposed law creates the offense of sexual assault in the La. Code of Military Justice and
provides for definitions, defenses, and punishment for the offense.
Proposed law provides that any person who commits the crime of sexual assault shall also be
found guilty of abusive sexual contact and punished as directed by a court-martial.
Proposed law creates the offense of stalking in the La. Code of Military Justice and further
provides for definitions and punishment for violation of the offense.
Proposed law provides for the creation of additional offenses related to sexual misconduct,
indecent viewing, visual recording, or broadcasting and further provides for the definitions
and punishments for violation of any of the offenses.
Proposed law creates the offense of forcible pandering in the La. Code of Military Justice and
provides punishments for the violation of the offense.
Proposed law creates the offense of indecent exposure in the La. Code of Military Justice and
provides for definitions and punishment for violation of the offense.
(Adds R.S. 29:220, 220a, and 220b)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Added a provision specifying that any person who commits the offenses related
to sexual misconduct, indecent viewing, visual recording, or broadcasting, does
so knowingly and wrongfully.