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)]
Richard HB No. 226
Abstract: Creates the crime of prohibited sexual contact by a psychotherapist and provides for
elements of the crime, definitions, exceptions, and criminal penalties for the commission
of the offense.
Proposed law provides that it shall be unlawful for any psychotherapist, or any person who
fraudulently represents himself as or purports to be a psychotherapist, to engage in sexual contact
with either of the following:
(1)A client or patient.
(2)A former client or patient, when the relationship was terminated primarily for the purpose
of engaging in the sexual contact.
When the victim is a former client or former patient, proposed law provides that the sexual
contact is not prohibited if it occurs more than one year after the termination of the relationship
and the psychotherapist has referred the former patient or former client to an independent and
objective psychotherapist, recommended by a third-party psychotherapist, for treatment.
Proposed law provides that the consent of the patient or client shall not be a defense.
Proposed law provides definitions for "psychotherapist", "sexual contact", and "therapeutic
deception".
Proposed law provides for the following penalties:
(1)Imprisonment for not more than 10 years, fined not more than $10,000, or both.
(2)If the sexual contact occurs by means of "therapeutic deception" - imprisonment for not
more than 15 years, fined not more than $20,000, or both.
(Adds R.S. 14:89.7)