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ACT No. 303
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.
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.15
(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
(3) A sexual act upon another person when the other person is incapable of21
consenting to the sexual act due to any of the following:22
(a) Impairment by any drug, intoxicant, or other similar substance, and that23
condition is known or reasonably should be known by the person.24 ENROLLEDHB NO. 127
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(b) A mental disease or defect or physical disability, and that condition is1
known or reasonably should be known by the person.2
B. Any person subject to this code who commits or causes sexual contact3
upon or by another person, if to do so would violate Subsection A of this Section,4
had the sexual contact been a sexual act, is guilty of abusive sexual contact and shall5
be punished as a court-martial may direct.6
C. In a prosecution under this Section, in proving that a person made a threat,7
it need not be proven that the person actually intended to carry out the threat or had8
the ability to carry out the threat.9
D. An accused may raise any applicable defenses available under this10
Chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct11
in issue in any prosecution under this Section.12
E. In this code, for purposes of this Section unless the context otherwise13
requires, the following terms shall have the following meanings ascribed herein:14
(1) "Bodily harm" means any offensive touching of another, however slight,15
including any nonconsensual sexual act or nonconsensual sexual contact.16
(2) "Consent" means:17
(a) A freely given agreement to the conduct at issue by a competent person.18
An expression of lack of consent through words or conduct means there is no19
consent. Lack of verbal or physical resistance or submission resulting from the use20
of force, threat of force, or placing another person in fear shall not constitute consent.21
A current or previous dating, social, or sexual relationship by itself or the manner of22
dress of the person involved with the accused in the conduct at issue shall not23
constitute consent.24
(b) A sleeping, unconscious, or incompetent person cannot consent. A25
person cannot consent to force causing or likely to cause death or grievous bodily26
harm or to being rendered unconscious. A person cannot consent while under threat27
or fear or under the circumstances described in Subparagraph (A)(1)(c) or (d).28
(c) Lack of consent may be inferred based on the circumstances of the29
offense. All the surrounding circumstances shall be considered in determining30 ENROLLEDHB NO. 127
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whether a person gave consent, or whether a person did not resist or ceased to resist1
only because of another person's actions.2
(3) "Force" means:3
(a) The use of a weapon.4
(b) The use of such physical strength or violence as is sufficient to5
overcome, restrain, or injure a person.6
(c) Inflicting physical harm sufficient to coerce or compel submission by the7
victim.8
(4) "Grievous bodily harm" means serious bodily injury and includes9
fractured or dislocated bones, deep cuts, torn members of the body, serious damage10
to internal organs, and other severe bodily injuries. Grievous bodily harm does not11
include minor injuries such as a black eye or a bloody nose.12
(5) "Sexual act" means either of the following:13
(a) Contact between the penis and the vulva or anus or mouth, and for14
purposes of this Subparagraph, contact involving the penis occurs upon penetration,15
however slight.16
(b) The penetration, however slight, of the vulva or anus or mouth of another17
by any part of the body or by any object, with an intent to abuse, humiliate, harass,18
or degrade any person or to arouse or gratify the sexual desire of any person.19
(6) "Sexual contact" means either of the following:20
(a) Touching, or causing another person to touch, either directly or through21
the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of any person,22
with an intent to abuse, humiliate, or degrade any person.23
(b) Any touching, or causing another person to touch, either directly or24
through the clothing, any body part of any person, if done with an intent to arouse25
or gratify the sexual desire of any person. Touching may be accomplished by any26
part of the body.27
(7) "Threatening or placing another person in fear" means a communication28
or action that is of sufficient consequence to cause a reasonable fear that29 ENROLLEDHB NO. 127
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noncompliance will result in the victim or another person being subjected to the1
wrongful action contemplated by the communication or action.2
(8) "Unlawful force" means an act of force committed without legal3
justification or excuse.4
§220a. Article 120a. Stalking5
A. Any person subject to this code who commits all of the following acts is6
guilty of stalking and shall be punished as a court-martial may direct:7
(1) Who wrongfully engages in a course of conduct directed at a specific8
person that would cause a reasonable person to fear death or bodily harm, including9
sexual assault, to the person or a member of the person's immediate family.10
(2) Who has knowledge, or should have knowledge, that the specific person11
will be placed in reasonable fear of death or bodily harm, including sexual assault,12
to the person or a member of the person's immediate family.13
(3) Whose acts induce reasonable fear in the specific person of death or14
bodily harm, including sexual assault, to the person or to a member of the person's15
immediate family.16
B. 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) "Course of conduct" means either of the following:19
(a) A repeated maintenance of visual or physical proximity to a specific20
person.21
(b) A repeated conveyance of verbal threat, written threats, or threats implied22
by conduct, or a combination of such threats, directed at or towards a specific person.23
(2) "Immediate family", in the case of a specific person, means a spouse,24
parent, child, or sibling of the person, or any other family member, relative, or25
intimate partner of the person who regularly resides in the household of the person26
or who within the six months preceding the commencement of the course of conduct27
regularly resided in the household of the person.28
(3) "Repeated", with respect to conduct, means two or more occasions of29
such conduct.30 ENROLLEDHB NO. 127
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§220b. Article 120b. Other sexual misconduct; indecent viewing, visual recording,1
or broadcasting2
A. Any person subject to this code who knowingly commits any of the3
following acts without legal justification or lawful authorization is guilty of an4
offense under this Section and shall be punished as a court-martial may direct:5
(1) Knowingly and wrongfully views the private area of another person,6
without that other person's consent and under circumstances in which that other7
person has a reasonable expectation of privacy.8
(2) Knowingly and wrongfully photographs, videotapes, films, or records by9
any means the private area of another person, without that other person's consent and10
under circumstances in which that other person has a reasonable expectation of11
privacy.12
(3) Knowingly and wrongfully broadcasts or distributes any such recording13
that the person knew or reasonably should have known was made under the14
circumstances described in Paragraphs (1) and (2) of this Subsection.15
B. Any person subject to this code who compels another person to engage16
in an act of prostitution with any person is guilty of forcible pandering and shall be17
punished as a court-martial may direct.18
C. Any person subject to this code who intentionally exposes, in an indecent19
manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent20
exposure and shall be punished as a court-martial may direct.21
D. In this code, for purposes of this Section, unless the context otherwise22
requires, the following terms shall have the following meanings ascribed herein:23
(1) "Act of prostitution" means a sexual act or sexual contact as defined in24
Article 120(E) of this code on account of which anything of value is given to, or25
received by, any person.26
(2) "Broadcast" means to electronically transmit a visual image with the27
intent that it be viewed by a person or persons.28
(3) "Distribute" means delivering to the actual or constructive possession of29
another, including transmission by electronic means.30 ENROLLEDHB NO. 127
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(4) "Indecent manner" means conduct that amounts to a form of immorality1
relating to sexual impurity which is grossly vulgar, obscene, and repugnant to2
common propriety, and tends to excite sexual desire or deprave morals with respect3
to sexual relations.4
(5) "Private area" means the naked or underwear-clad genitalia, anus,5
buttocks, or female areola or nipple.6
(6) "Reasonable expectation of privacy" means either of the following:7
(a) Circumstances in which a reasonable person would believe that he or she8
could disrobe in privacy, without being concerned that an image of a private area of9
the person was being captured.10
(b) Circumstances in which a reasonable person would believe that a private11
area of the person would not be visible to the public.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: