HLS 13RS-882 ORIGINAL Page 1 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 261 BY REPRESENTATIVES HAZEL AND ABRAMSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CRIME/SEX OFFENSES: Provides that the term of imprisonment for certain offenses concerning prostitution shall be served at hard labor when the offense involves a person under a certain age AN ACT1 To amend and reenact R.S. 14:82(C)(4) and (5), 83(B)(2) and (3), 83.1(B)(2) and (3),2 83.2(B)(2) and (3), 84(B)(2) and (3), 85(B)(2) and (3), 86(B)(1)(b) and (c), 89(B)(2)3 and (3), 104(B)(2) and (3), 105(B)(2) and (3), and 282(B)(2) and (3), relative to4 certain offenses concerning prostitution; to amend the criminal penalties for certain5 offenses concerning prostitution when the offense involves a person under a certain6 age; to provide that the term of imprisonment for such offenses shall be at hard labor;7 and to provide for related matters.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 14:82(C)(4) and (5), 83(B)(2) and (3), 83.1(B)(2) and (3), 83.2(B)(2)10 and (3), 84(B)(2) and (3), 85(B)(2) and (3), 86(B)(1)(b) and (c), 89(B)(2) and (3), 104(B)(2)11 and (3), 105(B)(2) and (3), and 282(B)(2) and (3) are hereby amended and reenacted to read12 as follows: 13 §82. Prostitution; definition; penalties; enhancement14 * * *15 C.16 * * *17 HLS 13RS-882 ORIGINAL HB NO. 261 Page 2 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (4) Whoever commits the crime of prostitution with a person under the age1 of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at2 hard labor for not less than fifteen years nor more than fifty years, or both.3 (5) Whoever commits the crime of prostitution with a person under the age4 of fourteen years shall be fined not more than seventy-five thousand dollars,5 imprisoned at hard labor for not less than twenty-five years nor more than fifty years,6 or both.7 * * *8 §83. Soliciting for prostitutes 9 * * *10 B.11 * * *12 (2) Whoever commits the crime of soliciting for prostitutes when the person13 being solicited is under the age of eighteen years shall be fined not more than fifty14 thousand dollars, imprisoned at hard labor for not less than fifteen years nor more15 than fifty years, or both.16 (3) Whoever commits the crime of soliciting for prostitutes when the person17 being solicited is under the age of fourteen years shall be fined not more than18 seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five19 years nor more than fifty years, or both.20 §83.1. Inciting prostitution 21 * * *22 B.23 * * *24 (2) Whoever commits the crime of inciting prostitution of persons under the25 age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned26 at hard labor for not less than fifteen years nor more than fifty years, or both.27 (3) Whoever commits the crime of inciting prostitution of persons under the28 age of fourteen years shall be fined not more than seventy-five thousand dollars,29 HLS 13RS-882 ORIGINAL HB NO. 261 Page 3 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. imprisoned at hard labor for not less than twenty-five years nor more than fifty years,1 or both. 2 §83.2. Promoting prostitution 3 * * *4 B.5 * * *6 (2) Whoever commits the crime of promoting prostitution of persons under7 the age of eighteen years shall be fined not more than fifty thousand dollars,8 imprisoned at hard labor for not less than fifteen years nor more than fifty years, or9 both.10 (3) Whoever commits the crime of promoting prostitution of persons under11 the age of fourteen years shall be fined not more than seventy-five thousand dollars,12 imprisoned at hard labor for not less than twenty-five years nor more than fifty years,13 or both.14 * * *15 §84. Pandering 16 * * *17 B.18 * * *19 (2) Whoever commits the crime of pandering involving the prostitution of20 persons under the age of eighteen years shall be fined not more than fifty thousand21 dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty22 years, or both.23 (3) Whoever commits the crime of pandering involving the prostitution of24 persons under the age of fourteen years shall be fined not more than seventy-five25 thousand dollars, imprisoned at hard labor for not less than twenty-five years nor26 more than fifty years, or both.27 §85. Letting premises for prostitution 28 * * *29 HLS 13RS-882 ORIGINAL HB NO. 261 Page 4 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B.1 * * *2 (2) Whoever commits the crime of letting premises for prostitution of3 persons under the age of eighteen years shall be fined not more than fifty thousand4 dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty5 years, or both.6 (3) Whoever commits the crime of letting premises for prostitution of7 persons under the age of fourteen years shall be fined not more than seventy-five8 thousand dollars, imprisoned at hard labor for not less than twenty-five years nor9 more than fifty years, or both.10 §86. Enticing persons into prostitution11 * * *12 B.(1)13 * * *14 (b) Whoever commits the crime of enticing persons into prostitution when15 the person being enticed into prostitution is under the age of eighteen years shall be16 fined not more than fifty thousand dollars, imprisoned at hard labor for not less than17 fifteen years nor more than fifty years, or both.18 (c) Whoever commits the crime of enticing persons into prostitution when19 the person being enticed into prostitution is under the age of fourteen years shall be20 fined not more than seventy-five thousand dollars, imprisoned at hard labor for not21 less than twenty-five years nor more than fifty years, or both.22 * * *23 §89. Crime against nature24 * * *25 B.26 * * *27 HLS 13RS-882 ORIGINAL HB NO. 261 Page 5 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) Whoever violates the provisions of this Section with a person under the1 age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned2 at hard labor for not less than fifteen years nor more than fifty years, or both.3 (3) Whoever violates the provisions of this Section with a person under the4 age of fourteen years shall be fined not more than seventy-five thousand dollars,5 imprisoned at hard labor for not less than twenty-five years nor more than fifty years,6 or both.7 * * *8 §104. Keeping a disorderly place 9 * * *10 B.11 * * *12 (2) Whoever commits the crime of keeping a disorderly place for the purpose13 of prostitution of persons under the age of eighteen years shall be fined not more14 than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years15 nor more than fifty years, or both.16 (3) Whoever commits the crime of keeping a disorderly place for the purpose17 of prostitution of persons under the age of fourteen years shall be fined not more than18 seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five19 years nor more than fifty years, or both.20 §105. Letting a disorderly place 21 * * *22 B.23 * * *24 (2) Whoever commits the crime of letting a disorderly place for the purpose25 of prostitution of persons under the age of eighteen years shall be fined not more26 than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years27 nor more than fifty years, or both.28 HLS 13RS-882 ORIGINAL HB NO. 261 Page 6 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) Whoever commits the crime of letting a disorderly place for the purpose1 of prostitution of persons under the age of fourteen years shall be fined not more than2 seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five3 years nor more than fifty years, or both.4 * * *5 §282. Operation of places of prostitution prohibited; penalty 6 * * *7 B.8 * * *9 (2) Whoever violates any provision of this Section for the purpose of10 lewdness, assignation, or prostitution of persons under the age of eighteen shall be11 fined not more than fifty thousand dollars, imprisoned at hard labor for not less than12 fifteen years nor more than fifty years, or both.13 (3) Whoever violates any provision of this Section for the purpose of14 lewdness, assignation, or prostitution of persons under the age of fourteen years shall15 be fined not more than seventy-five thousand dollars, imprisoned at hard labor for16 not less than twenty-five years nor more than fifty years, or both.17 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)] Hazel HB No. 261 Abstract: Amends the criminal penalties for certain offenses concerning prostitution when the offense involves a person under a certain age, to provide that the term of imprisonment for such offenses shall be served at hard labor. Present law provides criminal penalties for the following offenses concerning prostitution: R.S. 14:82 (Prostitution); R.S. 14:83 (Soliciting for prostitutes); R.S. 14:83.1 (Inciting prostitution); R.S. 14:83.2 (Promoting prostitution); R.S. 14:84 (Pandering); R.S. 14:85 (Letting premises for prostitution); R.S. 14:86 (Enticing persons into prostitution); R.S. 14:89 (Crime against nature); R.S. 14:104 (Keeping a disorderly place); R.S. 14:105 (Letting a disorderly place); and R.S. 14:282 (Operation of places of prostitution prohibited). Present law provides the penalties for such offenses, which include both a fine and imprisonment, shall be enhanced when the offense involves a person under the age of 18, and further enhanced when the offense involves a person under the age of 14. HLS 13RS-882 ORIGINAL HB NO. 261 Page 7 of 7 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law provides that the term of imprisonment for such offenses, involving a person under the age of 18 years and under the age of 14 years, shall be served at hard labor. (Amends R.S. 14:82(C)(4) and (5), 83(B)(2) and (3), 83.1(B)(2) and (3), 83.2(B)(2) and (3), 84(B)(2) and (3), 85(B)(2) and (3), 86(B)(1)(b) and (c), 89(B)(2) and (3), 104(B)(2) and (3), 105(B)(2) and (3), and 282(B)(2) and (3))