HLS 13RS-792 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 226
BY REPRESENTATIVE RICHARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/SEX OFFENSES: Creates the crime of prohibited sexual contact between a
psychotherapist and a client or patient
AN ACT1
To enact R.S. 14:89.7, relative to prohibited sexual contact by psychotherapists; to create the2
crime of prohibited sexual contact by a psychotherapist; to provide for elements of3
the crime; to provide for exceptions; to provide for definitions; to provide for4
criminal penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:89.7 is hereby enacted to read as follows: 7
6. SEXUAL OFFENSES CONCERNING PROFESSIONAL MISCONDUCT8
ยง89.7. Prohibited sexual contact by a psychotherapist9
A. It shall be unlawful for any psychotherapist, or any person who10
fraudulently represents himself as or purports to be a psychotherapist, to engage in11
sexual contact with either of the following:12
(1) A client or patient.13
(2)(a) A former client or former patient, when the relationship was14
terminated primarily for the purpose of engaging in the sexual contact.15
(b) It shall not be a violation of the provisions of this Section if the sexual16
contact between the psychotherapist and the former patient or former client occurs17
more than one year after the termination of the relationship and the psychotherapist18
has referred the former patient or former client to an independent and objective19
psychotherapist, recommended by a third-party psychotherapist, for treatment.20 HLS 13RS-792 ORIGINAL
HB NO. 226
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. Consent of the patient or client shall not be a defense, regardless of the1
age of the patient or client.2
C. For purposes of this Section:3
(1) "Psychotherapist" means any of the following:4
(a) A psychiatrist licensed pursuant to R.S. 37:1261 et seq.5
(b) A psychologist licensed pursuant to R.S. 37:2351 et seq., or a medical6
psychologist licensed pursuant to R.S. 37:1360.51 et seq.7
(c) A licensed clinical social worker licensed pursuant to R.S. 37:2701 et8
seq.9
(d) A mental health counselor licensed pursuant to R.S. 37:1101 et seq.10
(e) Any other person who provides or purports to provide treatment,11
diagnosis, assessment, evaluation, or counseling of any mental, emotional,12
behavioral, or addictive illnesses, disorders, symptoms, or conditions.13
(2) "Sexual contact" means any of the following:14
(a) Anal, oral, or vaginal sexual intercourse. Emission is not necessary, and15
penetration, however slight, is sufficient to complete the crime.16
(b) Touching of the anus or genitals of the patient or client by the17
psychotherapist using any instrumentality or any part of the body of the18
psychotherapist.19
(c) Touching of the anus or genitals of the psychotherapist by the patient or20
client using any instrumentality or any part of the body of the patient or client, if21
done at the request of the psychotherapist.22
(d) "Sexual contact" shall also include a request by the psychotherapist for23
the conduct described in Subparagraphs (a) through (c) of this Paragraph.24
(3) "Therapeutic deception" means a representation by the psychotherapist25
to the patient or client that sexual contact by the psychotherapist is consistent with26
or part of the treatment of the patient or client.27
D.(1) Whoever violates the provisions of this Section shall be imprisoned for28
not more than ten years, fined not more than ten thousand dollars, or both.29 HLS 13RS-792 ORIGINAL
HB NO. 226
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Whoever violates the provisions of this Section by means of therapeutic1
deception shall be imprisoned for not more than fifteen years, fined not more than2
twenty thousand dollars, or both.3
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)