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Regular Session, 2013 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 97
BY SENATOR WALSWORTH
A CONCURRENT RESOLUTI ON
To urge and request that the Louisiana State Law Institute study and make recommendations
relative to the issue of whether the Code of Criminal Procedure should contain
responsive verdicts for the crime of aggravated incest.
WHEREAS, Code of Criminal Procedure Article 814 does not contain responsive
verdicts particular to the crime of aggravated incest; and
WHEREAS, Code of Criminal Procedure Article 815 provides only that the
responsive verdicts of "guilty," "guilty of a lesser and included grade of the offense", and
"not guilty" are permitted with regard to the crime of aggravated incest, since responsive
verdicts for that crime are not specifically provided in Article 814; and
WHEREAS, the lack of responsive verdicts for the crime of aggravated incest can
result in a defendant being found "not guilty" when the specific facts of a particular case as
established at trial do not permit either a finding of guilty or a finding of guilt on a lesser
included offense, or can result in a defendant being found guilty of a lesser included offense
with a maximum penalty that is insufficient to serve the interests of justice; and
WHEREAS, the crime of aggravated incest (La. R.S. 14:78.1) by its very nature
involves heinous acts committed against minors who are particularly vulnerable and
oftentimes reluctant to testify about the abuse to which they have been subjected, and who
are further subjected to undue stress and embarrassment when they do testify; and
WHEREAS, the problems associated with the lack of responsive verdicts for the
crime of aggravated incest can sometimes necessitate a new trial and the calling of victims
as witnesses, thus subjecting them again to the stress and embarrassment of a second and
subsequent legal proceedings; and SCR NO. 97 ENROLLED
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WHEREAS, the crime of aggravated incest also contains penalty provisions specific
to the age of the victim such that the lack of responsive verdicts in the Code of Criminal
Procedure can, depending on what facts are and are not established at trial, confront the
judiciary with a range of possible sentences of imprisonment from five years to ninety-nine
years, with no guidance to be found in the Code of Criminal Procedure.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request that the Louisiana State Law Institute study and make recommendations
with regard to whether there is a need for responsive verdicts particular to the crime of
aggravated incest, and if so, make recommendations relative to the specifics of any such
responsive verdicts.
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
and request that the Louisiana State Law Institute report the results of its study findings and
its recommendations to the legislature not later than January 10, 2014.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Criminal Code Committee of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES