Kostelka (SB 70) Act No. 289
Prior law provided relative to the crime of domestic abuse battery and provided definitions
relative to that crime.
New law retains prior law and adds that if the domestic abuse battery is committed by
burning of the victim that results in serious bodily injury, the offense shall be classified as
a crime of violence under prior law and the offender shall be imprisoned at hard labor for not
less than five nor more than 50 years without benefit of probation, parole, or suspension of
sentence.
New law defines "serious bodily injury" as bodily injury that involves unconsciousness,
extreme physical pain, or protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk
of death.
New law defines "burning" as an injury to flesh or skin caused by heat, electricity, friction,
radiation, or any other chemical or thermal reaction.
Effective upon signature of the governor (June 14, 2013).
(Amends R.S. 14:35.3 (B); adds R.S. 14:35.3(M))