SLS 13RS-2145 ORIGINAL
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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 97
BY SENATOR WALSWORTH
LEGIS POWERS/FUNCTIONS. Requests that the Louisiana State Law Institute study the
need for responsive verdicts for the crime of aggravated incest.
A CONCURRENT RESOLUTI ON1
To urge and request that the Louisiana State Law Institute study and make recommendations2
relative to the issue of whether the Code of Criminal Procedure should contain3
responsive verdicts for the crime of aggravated incest.4
WHEREAS, Code of Criminal Procedure Article 814 does not contain responsive5
verdicts particular to the crime of aggravated incest; and 6
WHEREAS, Code of Criminal Procedure Article 815 provides only that the7
responsive verdicts of "guilty," "guilty of a lesser and included grade of the offense", and8
"not guilty" are permitted with regard to the crime of aggravated incest, since responsive9
verdicts for that crime are not specifically provided in Article 814; and10
WHEREAS, the lack of responsive verdicts for the crime of aggravated incest can11
result in a defendant being found "not guilty" when the specific facts of a particular case as12
established at trial do not permit either a finding of guilty or a finding of guilt on a lesser13
included offense, or can result in a defendant being found guilty of a lesser included offense14
with a maximum penalty that is insufficient to serve the interests of justice; and15
WHEREAS, the crime of aggravated incest (La. R.S. 14:78.1) by its very nature16
involves heinous acts committed against minors who are particularly vulnerable and17
oftentimes reluctant to testify about the abuse to which they have been subjected, and who18 SCR NO. 97
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are further subjected to undue stress and embarrassment when they do testify; and1
WHEREAS, the problems associated with the lack of responsive verdicts for the2
crime of aggravated incest can sometimes necessitate a new trial and the calling of victims3
as witnesses, thus subjecting them again to the stress and embarrassment of a second and4
subsequent legal proceedings; and5
WHEREAS, the crime of aggravated incest also contains penalty provisions specific6
to the age of the victim such that the lack of responsive verdicts in the Code of Criminal7
Procedure can, depending on what facts are and are not established at trial, confront the8
judiciary with a range of possible sentences of imprisonment from five years to ninety-nine9
years, with no guidance to be found in the Code of Criminal Procedure.10
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby11
urge and request that the Louisiana State Law Institute study and make recommendations12
with regard to whether there is a need for responsive verdicts particular to the crime of13
aggravated incest, and if so, make recommendations relative to the specifics of any such14
responsive verdicts.15
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge16
and request that the Louisiana State Law Institute report the results of its study findings and17
its recommendations to the legislature not later than January 10, 2014.18
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the19
Criminal Code Committee of the Louisiana State Law Institute.20
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Walsworth SCR No. 97
Requests that the Louisiana State Law Institute study and make recommendations relative
to the need for responsive verdicts to the crime of aggravated incest, and report its findings
not later than January 10, 2014.