HLS 14RS-12 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1025
BY REPRESENTATIVES ABRAMSON, HODGES, AND STOKES AND SENATOR
LONG
CRIMINAL/VICTIMS: Provides relative to human trafficking, trafficking of children for
sexual purposes, and commercial sexual exploitation
AN ACT1
To amend and reenact R.S. 14:46.2(A)(1), (C)(2), and (D), 46.3(A)(1), (C)(3), and (E),2
81.1(B)(3), (4), (5), (6), (7), and (8), 81.3(A), (B)(1)(a) and (c), and (D), 82(G),3
83.3(D), 83.4(C), 86(C), 89(C), and 89.2(D)(1), R.S. 15:539.1(A) and4
(E)(introductory paragraph), 539.2(B), 539.3(A)(introductory paragraph), 541(12)(b)5
and (25)(o), and 1352(A)(introductory paragraph), R.S. 46:1802(10)(a), 1805(A),6
1809(B)(4)(a), and 1844(W)(introductory paragraph), (1)(a) and (b), (2), and (3),7
Code of Evidence Article 412(A), (B), (C)(1), and (E)(1), and Children's Code8
Articles 603(2)(b) and (c), and 725.2 and to enact R.S. 14:46.2(C)(3) and (4) and (F),9
81.1(B)(9), (10), and (11), 82.1(D)(4) and (F), 82.2, 83(B)(4), 83.1(B)(4), 83.2(B)(4),10
84(B)(4), 85(B)(4), 89.2(D)(5), 104(B)(4), 105(B)(4), and 282(B)(4), R.S. 15:243,11
541(25)(p), 1308(A)(2)(s), and 1352(A)(52), (53), (54), (55), (56), (57), (58), (59),12
(60), (61), and (62), R.S. 40:2405.7, R.S. 46:1805(B)(3), 2161(C), and 2161.1, Code13
of Evidence Article 412.3, Code of Criminal Procedure Article 930.10, and14
Children's Code Article 603(9.1) and 606(A)(7), relative to human trafficking,15
trafficking of children for sexual purposes, and commercial sexual exploitation; to16
provide relative to the crimes of human trafficking and trafficking of children for17
sexual purposes; to provide relative to crimes involving the commercial sexual18
exploitation of persons; to create the crime of unlawful purchase of commercial19 HLS 14RS-12 ORIGINAL
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sexual activity; to provide penalties for the offense; to require certain persons1
convicted of the offense to register and provide notification as a sex offender; to2
clarify the definition of "coercion" relative to human trafficking, pornography3
involving juveniles, and computer-aided solicitation of a minor; to expand the4
definition of human trafficking and trafficking of children for sexual purposes; to5
provide relative to the confidentiality of victims of human trafficking-related6
offense; to provide relative to the admissibility of evidence of the past sexual7
behavior of a victim of human trafficking or trafficking of children for sexual8
purposes; to provide relative to statements made by a victim of human trafficking or9
trafficking of children for sexual purposes during the course of an investigation; to10
provide for a motion to vacate certain convictions for certain prostitution-related11
offenses; to provide relative to a victim's access to and eligibility for services; to12
expand eligibility for services to certain child victims; to provide for a special13
effective date for such expansion; to require private service providers who contract14
with the state to provide annual reports on their operations; to provide relative to15
victims of trafficking referred to the Department of Children and Family Services;16
to expand the definition of "racketeering activity" to include certain offenses17
involving commercial sexual exploitation; to provide for an affirmative defense to18
prosecution for victims of human trafficking; to provide that such victims are eligible19
for services; to expand the class of possible victims of crime of computer-aided20
solicitation of a minor to include seventeen-year -olds; to expand the crime of21
computer-aided solicitation of a minor to include soliciting the person to engage in22
commercial sexual activity; to clarify the definition of "victim" for purposes of23
victim's reparations; to authorize the interception of wire, electronic, or oral24
communications in investigations of offenses involving commercial sexual25
exploitation; to provide relative to the forfeiture of assets used in the commission of26
certain trafficking-related offenses; to provide relative to the uses of monies27
deposited into the Exploited Children's Special Fund; to provide for law enforcement28
training; to require mandatory restitution for persons convicted of certain offenses29 HLS 14RS-12 ORIGINAL
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involving commercial sexual exploitation; to authorize the establishment of certain1
diversion programs; to provide relative to the monies collected from such programs;2
and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 14:46.2(A)(1), (C)(2), and (D), 46.3(A)(1), (C)(3), and (E),5
81.1(B)(3), (4), (5), (6), (7), and (8), 81.3(A), (B)(1)(a) and (c), and (D), 82(G), 83.3(D),6
83.4(C), 86(C), 89(C), and 89.2(D)(1) are hereby amended and reenacted and R.S.7
14:46.2(C)(3) and (4) and (F), 81.1(B)(9), (10), and (11), 82.1(D)(4) and (F), 82.2, 83(B)(4),8
83.1(B)(4), 83.2(B)(4), 84(B)(4), 85(B)(4), 89.2(D)(5), 104(B)(4), 105(B)(4), and 282(B)(4)9
are hereby enacted to read as follows:10
§46.2. Human trafficking11
A. It shall be unlawful:12
(1) For any person to knowingly recruit, harbor, transport, provide, solicit,13
receive, isolate, entice, obtain, or maintain the use of another person through fraud,14
force, or coercion to provide services or labor.15
* * *16
C. For purposes of this Section:17
* * *18
(2) "Debt bondage" means inducing an individual to provide any of the19
following:20
(a) Commercial sexual activity in payment toward or satisfaction of a real21
or purported debt.22
(b) Labor or services in payment toward or satisfaction of a real or purported23
debt if either of the following occur:24
(i) The reasonable value of the labor or services provided is not applied25
toward the liquidation of the debt.26
(ii) The length of the labor or services is not limited and the nature of the27
labor or services is not defined.28
(2)(3) "Fraud, force, or coercion" means any of the following:29 HLS 14RS-12 ORIGINAL
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(a) Causing or threatening to cause serious bodily injury ;.1
(b) Physically restraining or threatening to physically restrain another2
person;.3
(c) Abduction or threatened abduction of an individual.4
(d) The use of a plan, pattern, or statement with intent to cause an individual5
to believe that failure to perform an act will result in the use of force against,6
abduction of, serious harm to, or physical restraint of an individual.7
(e) The abuse or threatened abuse of law or legal process.8
(c)(f) Intentionally destroying, concealing, removing, confiscating, or9
possessing The actual or threatened destruction, concealment, removal, confiscation,10
or possession of any actual or purported passport or other immigration document, or11
any other actual or purported government identification document, of another person;12
or.13
(g) Controlling or threatening to control an individual's access to a controlled14
dangerous substance as set forth in R.S. 40:961 et seq.15
(h) The use of an individual's physical or mental impairment, where such16
impairment has substantial adverse effects on the individual's cognitive or volitional17
functions.18
(i) The use of debt bondage or civil or criminal fraud.19
(d)(j) Extortion as defined in R.S. 14:66.20
(4) "Labor or services" means activity having an economic value.21
D. It shall not be a defense to prosecution for a violation of this Section that22
the person being recruited, harbored, transported, provided, solicited, received,23
isolated, enticed, obtained, or maintained is actually a law enforcement officer or24
peace officer acting within the official scope of his duties.25
* * *26
F. A victim of trafficking involving services that include commercial sexual27
activity or any sexual contact which constitutes a crime pursuant to the laws of this28
state shall have an affirmative defense to prosecution for any unlawful acts29 HLS 14RS-12 ORIGINAL
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committed as a direct result of being trafficked. Any person determined to be a1
victim pursuant to the provisions of this Paragraph shall be notified of any treatment2
or specialized services for sexually exploited persons to the extent that such services3
are available.4
§46.3. Trafficking of children for sexual purposes5
A. It shall be unlawful:6
(1) For any person to knowingly recruit, harbor, transport, provide, sell,7
purchase, receive, isolate, entice, obtain, or maintain the use of a person under the8
age of eighteen years for the purpose of engaging in commercial sexual activity.9
* * *10
C.11
* * *12
(3) It shall not be a defense to prosecution for a violation of this Section that13
the person being recruited, harbored, transported, provided, sold, purchased,14
received, isolated, enticed, obtained, or maintained is actually a law enforcement15
officer or peace officer acting within the official scope of his duties.16
* * *17
E. No victim of trafficking as defined by the provisions of this Section shall18
be prosecuted for unlawful acts committed as a direct result of being trafficked. Any19
child determined to be a victim pursuant to the provisions of this Subsection shall be20
eligible for specialized services for sexually exploited children.21
* * *22
§81.1. Pornography involving juveniles23
* * *24
B. For purposes of this Section, the following definitions shall apply:25
* * *26
(3) "Coerce" means any of the following:27
(a) Causing or threatening to cause serious bodily injury.28 HLS 14RS-12 ORIGINAL
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(b) Physically restraining or threatening to physically restrain another1
person.2
(c) Abduction or threatened abduction of an individual.3
(d) The use of a plan, pattern, or statement with intent to cause an individual4
to believe that failure to perform an act will result in the use of force against,5
abduction of, serious harm to, or physical restraint of an individual.6
(e) The abuse or threatened abuse of law or legal process.7
(f) The actual or threatened destruction, concealment, removal, confiscation,8
or possession of any actual or purported passport or other immigration document, or9
any other actual or purported government identification document, of another person.10
(g) Controlling or threatening to control an individual's access to a controlled11
dangerous substance as set forth in R.S. 40:961 et seq.12
(h) The use of an individual's physical or mental impairment, where such13
impairment has substantial adverse effects on the individual's cognitive or volitional14
functions.15
(i) The use of debt bondage or civil or criminal fraud.16
(j) Extortion as defined in R.S. 14:66.17
(4) "Debt bondage" means inducing an individual to provide any of the18
following:19
(a) Commercial sexual activity in payment toward or satisfaction of a real20
or purported debt.21
(b) Labor or services in payment toward or satisfaction of a real or purported22
debt if either of the following occur:23
(i) The reasonable value of the labor or services provided is not applied24
toward the liquidation of the debt.25
(ii) The length of the labor or services is not limited and the nature of the26
labor or services is not defined.27
(3)(5) "Distribute" means to issue, sell, give, provide, lend, mail, deliver,28
transfer, transmute, distribute, circulate, or disseminate by any means.29 HLS 14RS-12 ORIGINAL
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(4)(6) "Interactive computer service" means any information service, system,1
or access software provider that provides or enables computer access by multiple2
users to a computer server, including a service or system that provides access to the3
Internet and such systems operated or services offered by libraries or educational4
institutions.5
(7) "Labor or services" mean activity having economic value.6
(5)(8) "Pornography involving juveniles" is any photograph, videotape, film,7
or other reproduction, whether electronic or otherwise, of any sexual performance8
involving a child under the age of seventeen.9
(6)(9) "Produce" means to photograph, videotape, film, or otherwise10
reproduce pornography involving juveniles, or to solicit, promote, or coerce any11
child for the purpose of pornography involving juveniles.12
(7)(10) "Sexual performance" means any performance or part thereof that13
includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual14
bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals15
or anus.16
(8)(11) "Telecommunications service" means the offering of17
telecommunications for a fee directly to the public, regardless of the facilities used.18
* * *19
§81.3. Computer-aided solicitation of a minor20
A.(1) Computer-aided solicitation of a minor is committed when a person21
seventeen years of age or older knowingly contacts or communicates, through the22
use of electronic textual communication, with a person who has not yet attained the23
age of seventeen eighteen where there is an age difference of greater than two years,24
or a person reasonably believed to have not yet attained the age of seventeen25
eighteen and reasonably believed to be at least two years younger, for the purpose26
of or with the intent to persuade, induce, entice, or coerce the person to engage or27
participate in sexual conduct prohibited by the laws of this state or a crime of28
violence as defined in R.S. 14:2(B), or with the intent to engage or participate in29 HLS 14RS-12 ORIGINAL
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sexual conduct in the presence of the person who has not yet attained the age of1
seventeen eighteen, or person reasonably believed to have not yet attained the age2
of seventeen eighteen.3
(2) It shall also be a violation of the provisions of this Section when a person4
seventeen years of age or older knowingly contacts or communicates, through the5
use of electronic textual communication, with a person who has not yet attained the6
age of seventeen eighteen where there is an age difference of greater than two years,7
or a person reasonably believed to have not yet attained the age of seventeen8
eighteen and reasonably believed to be at least two years younger, for the purpose9
of or with the intent to arrange for any third party to engage in any of the conduct10
proscribed by the provisions of Paragraph (1) of this Subsection.11
(3) It shall also be a violation of the provisions of this Section when a person12
seventeen years of age or older knowingly contacts or communicates, through the13
use of electronic textual communication, with a person who has not yet attained the14
age of eighteen, or a person reasonably believed to have not yet attained the age of15
eighteen, for the purpose of recruiting, enticing, or coercing the person to engage in16
commercial sexual activity.17
(3)(4) It shall also be a violation of the provisions of this Section when the18
contact or communication is initially made through the use of electronic textual19
communication and subsequent communication is made through the use of any other20
form of communication.21
B.(1)(a) Whoever violates the provisions of this Section when the victim is22
thirteen years of age or more but has not attained the age of seventeen eighteen shall23
be fined not more than ten thousand dollars and shall be imprisoned at hard labor for24
not less than five years nor more than ten years, without benefit of parole, probation,25
or suspension of sentence.26
* * *27
(c) Whoever violates the provisions of this Section, when the victim is a28
person reasonably believed to have not yet attained the age of seventeen eighteen,29 HLS 14RS-12 ORIGINAL
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shall be fined not more than ten thousand dollars and shall be imprisoned at hard1
labor for not less than two years nor more than ten years, without benefit of parole,2
probation, or suspension of sentence.3
* * *4
D. For purposes of this Section, the following words have the following5
meanings:6
(1) "Coerce" means any of the following:7
(a) Causing or threatening to cause serious bodily injury.8
(b) Physically restraining or threatening to physically restrain another9
person.10
(c) Abduction or threatened abduction of an individual.11
(d) The use of a plan, pattern, or statement with intent to cause an individual12
to believe that failure to perform an act will result in the use of force against,13
abduction of, serious harm to, or physical restraint of an individual.14
(e) The abuse or threatened abuse of law or legal process.15
(f) The actual or threatened destruction, concealment, removal, confiscation,16
or possession of any actual or purported passport or other immigration document, or17
any other actual or purported government identification document, of another person.18
(g) Controlling or threatening to control an individual's access to a controlled19
dangerous substance as set forth in R.S. 40:961 et seq.20
(h) The use of an individual's physical or mental impairment, where such21
impairment has substantial adverse effects on the individual's cognitive or volitional22
functions.23
(i) The use of debt bondage or civil or criminal fraud.24
(j) Extortion as defined in R.S. 14:66.25
(2) "Debt bondage" means inducing an individual to provide any of the26
following:27
(a) Commercial sexual activity in payment toward or satisfaction of a real28
or purported debt.29 HLS 14RS-12 ORIGINAL
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(b) Labor or services in payment toward or satisfaction of a real or purported1
debt if either of the following occur:2
(i) The reasonable value of the labor or services provided is not applied3
toward the liquidation of the debt.4
(ii) The length of the labor or services is not limited and the nature of the5
labor or services is not defined.6
(1)(3) "Electronic textual communication" means a textual communication7
made through the use of a computer on-line service, Internet service, or any other8
means of electronic communication, including but not limited to a local bulletin9
board service, Internet chat room, electronic mail, or on-line messaging service.10
(4) "Labor or services" means activity having economic value.11
(2)(5) "Sexual conduct" means actual or simulated sexual intercourse,12
deviant sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse,13
lewd exhibition of the genitals, or any lewd or lascivious act.14
* * *15
§82. Prostitution; definition; penalties; enhancement16
* * *17
G.(1) It shall be an affirmative defense to prosecution for a violation of this18
Section that, during the time of the alleged commission of the offense, the defendant19
was a victim of trafficking of children for sexual purposes as provided in R.S.20
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this21
Paragraph shall be eligible for specialized services for sexually exploited children.22
(2) It shall be an affirmative defense to prosecution for a violation of this23
Section that, during the time of the alleged commission of the offense, the defendant24
was a victim of human trafficking as provided in R.S. 14:46.2(F). Any person25
determined to be a victim pursuant to the provisions of this Paragraph shall be26
notified of any treatment or specialized services for sexually exploited persons to the27
extent that such services are available.28 HLS 14RS-12 ORIGINAL
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§82.1. Prostitution; persons under eighteen; additional offenses1
* * *2
D.3
* * *4
(4)(a) In addition, the court shall order that the personal property used in the5
commission of the offense shall be seized and impounded, and after conviction, sold6
at public sale or public auction by the district attorney in accordance with R.S.7
15:539.1.8
(b) The personal property made subject to seizure and sale pursuant to9
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic10
communication devices, computers, computer-related equipment, motor vehicles,11
photographic equipment used to record or create still or moving visual images of the12
victim that are recorded on paper, film, video tape, disc, or any other type of digital13
recording media.14
* * *15
F. Any person determined to be a victim of this offense shall be eligible for16
specialized services for sexually exploited children.17
§82.2. Purchase of commercial sexual activity; penalties18
A. It shall be unlawful for any person to knowingly give, agree to give, or19
offer to give anything of value to another in order to engage in sexual intercourse20
with a person who receives or agrees to receive anything of value as compensation21
for such activity.22
B. For purposes of this Section, "sexual intercourse" means anal, oral, or23
vaginal intercourse or any other sexual activity constituting a crime pursuant to the24
laws of this state.25
C.(1) Whoever violates the provisions of this Section shall be fined not more26
than five hundred dollars or be imprisoned for not more than six months, or both.27 HLS 14RS-12 ORIGINAL
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(2) On a second conviction, the offender shall be fined not less than two1
hundred fifty dollars nor more than two thousand dollars or be imprisoned, with or2
without hard labor, for not more than two years, or both.3
(3) On a third and subsequent conviction, the offender shall be imprisoned,4
with or without hard labor, for not less than two nor more than four years and shall5
be fined not less than five hundred dollars nor more than four thousand dollars.6
(4) Whoever violates the provisions of this Section with a person under the7
age of eighteen years, or with a person who is a victim of human trafficking as8
defined by R.S. 14:46.2 or trafficking of children for sexual purposes as defined by9
R.S. 14:46.3, shall be fined not more than fifty thousand dollars, imprisoned at hard10
labor for not less than fifteen years nor more than fifty years, or both. Lack of11
knowledge of the person's age shall not be a defense.12
(5) Whoever violates the provisions of this Section with a person under the13
age of fourteen years shall be fined not more than seventy-five thousand dollars,14
imprisoned at hard labor for not less than twenty-five years nor more than fifty years,15
or both. Lack of knowledge of the person's age shall not be a defense.16
D.(1) Any child under the age of eighteen determined to be a victim of this17
offense shall be eligible for specialized services for sexually exploited children.18
(2) Any person, eighteen years of age or older, determined to be a victim of19
this offense shall be notified of any treatment or specialized services for sexually20
exploited persons to the extent that such services are available.21
§83. Soliciting for prostitutes22
* * *23
B.24
* * *25
(4)(a) In addition, the court shall order that the personal property used in the26
commission of the offense shall be seized and impounded, and after conviction, sold27
at public sale or public auction by the district attorney in accordance with R.S.28
15:539.1.29 HLS 14RS-12 ORIGINAL
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(b) The personal property made subject to seizure and sale pursuant to1
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic2
communication devices, computers, computer-related equipment, motor vehicles,3
photographic equipment used to record or create still or moving visual images of the4
victim that are recorded on paper, film, video tape, disc, or any other type of digital5
recording media.6
§83.1. Inciting prostitution7
* * *8
B.9
* * *10
(4)(a) In addition, the court shall order that the personal property used in the11
commission of the offense shall be seized and impounded, and after conviction, sold12
at public sale or public auction by the district attorney in accordance with R.S.13
15:539.1.14
(b) The personal property made subject to seizure and sale pursuant to15
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic16
communication devices, computers, computer-related equipment, motor vehicles,17
photographic equipment used to record or create still or moving visual images of the18
victim that are recorded on paper, film, video tape, disc, or any other type of digital19
recording media.20
* * *21
§83.2. Promoting prostitution22
* * *23
B.24
* * *25
(4)(a) In addition, the court shall order that the personal property used in the26
commission of the offense shall be seized and impounded, and after conviction, sold27
at public sale or public auction by the district attorney in accordance with R.S.28
15:539.1.29 HLS 14RS-12 ORIGINAL
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(b) The personal property made subject to seizure and sale pursuant to1
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic2
communication devices, computers, computer-related equipment, motor vehicles,3
photographic equipment used to record or create still or moving visual images of the4
victim that are recorded on paper, film, video tape, disc, or any other type of digital5
recording media.6
§83.3. Prostitution by massage7
* * *8
D.(1) It shall be an affirmative defense to prosecution for a violation of this9
Section that, during the time of the alleged commission of the offense, the defendant10
was a victim of trafficking of children for sexual purposes as provided in R.S.11
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this12
Paragraph shall be eligible for specialized services for sexually exploited children.13
(2) It shall be an affirmative defense to prosecution for a violation of this14
Section that, during the time of the alleged commission of the offense, the defendant15
was a victim of human trafficking as provided in R.S. 14:46.2(F). Any person16
determined to be a victim pursuant to the provisions of this Paragraph shall be17
notified of any treatment or specialized services for sexually exploited persons to the18
extent that such services are available.19
§83.4. Massage; sexual conduct prohibited 20
* * *21
C.(1) It shall be an affirmative defense to prosecution for a violation of this22
Section that, during the time of the alleged commission of the offense, the defendant23
was a victim of trafficking of children for sexual purposes as provided in R.S.24
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this25
Paragraph shall be eligible for specialized services for sexually exploited children.26
(2) It shall be an affirmative defense to prosecution for a violation of this27
Section that, during the time of the alleged commission of the offense, the defendant28
was a victim of human trafficking as provided in R.S. 14:46.2(F). Any person29 HLS 14RS-12 ORIGINAL
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determined to be a victim pursuant to the provisions of this Paragraph shall be1
notified of any treatment or specialized services for sexually exploited persons to the2
extent that such services are available.3
§84. Pandering4
* * *5
B.6
* * *7
(4)(a) In addition, the court shall order that the personal property used in the8
commission of the offense shall be seized and impounded, and after conviction, sold9
at public sale or public auction by the district attorney in accordance with R.S.10
15:539.1.11
(b) The personal property made subject to seizure and sale pursuant to12
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic13
communication devices, computers, computer-related equipment, motor vehicles,14
photographic equipment used to record or create still or moving visual images of the15
victim that are recorded on paper, film, video tape, disc, or any other type of digital16
recording media.17
§85. Letting premises for prostitution18
* * *19
B.20
* * *21
(4)(a) In addition, the court shall order that the personal property used in the22
commission of the offense shall be seized and impounded, and after conviction, sold23
at public sale or public auction by the district attorney in accordance with R.S.24
15:539.1.25
(b) The personal property made subject to seizure and sale pursuant to26
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic27
communication devices, computers, computer-related equipment, motor vehicles,28
photographic equipment used to record or create still or moving visual images of the29 HLS 14RS-12 ORIGINAL
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victim that are recorded on paper, film, video tape, disc, or any other type of digital1
recording media.2
§86. Enticing persons into prostitution3
* * *4
C.(1) It shall not be a defense to prosecution for a violation of this Section5
that the person being enticed is actually a law enforcement officer or peace officer6
acting in his official capacity.7
(2) It shall not be a defense to prosecution for a violation of this Section that8
the person being enticed consented to the activity.9
* * *10
§89. Crime against nature11
* * *12
C.(1) It shall be an affirmative defense to prosecution for a violation of this13
Section that, during the time of the alleged commission of the offense, the defendant14
was a victim of trafficking of children for sexual purposes as provided in R.S.15
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this16
Paragraph shall be eligible for specialized services for sexually exploited children.17
(2) It shall be an affirmative defense to prosecution for a violation of this18
Section that, during the time of the alleged commission of the offense, the defendant19
was a victim of human trafficking as provided in R.S. 14:46.2(F). Any person20
determined to be a victim pursuant to the provisions of this Paragraph shall be21
notified of any treatment or specialized services for sexually exploited persons to the22
extent that such services are available.23
* * *24
§89.2. Crime against nature by solicitation25
* * *26
D.(1) It shall be an affirmative defense to prosecution for a violation of this27
Section that, during the time of the alleged commission of the offense, the defendant28
was a victim of trafficking of children for sexual purposes as provided in R.S.29 HLS 14RS-12 ORIGINAL
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14:46.3(E). Any child determined to be a victim pursuant to the provisions of this1
Paragraph shall be eligible for specialized services for sexually exploited children.2
* * *3
(5) It shall be an affirmative defense to prosecution for a violation of this4
Section that, during the time of the alleged commission of the offense, the defendant5
was a victim of human trafficking as provided in R.S. 14:46.2(F). Any person6
determined to be a victim pursuant to the provisions of this Paragraph shall be7
notified of any treatment or specialized services for sexually exploited persons to the8
extent that such services are available.9
* * *10
§104. Keeping a disorderly place11
* * *12
B.13
* * *14
(4)(a) In addition, the court shall order that the personal property used in the15
commission of the offense shall be seized and impounded, and after conviction, sold16
at public sale or public auction by the district attorney in accordance with R.S.17
15:539.1.18
(b) The personal property made subject to seizure and sale pursuant to19
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic20
communication devices, computers, computer-related equipment, motor vehicles,21
photographic equipment used to record or create still or moving visual images of the22
victim that are recorded on paper, film, video tape, disc, or any other type of digital23
recording media.24
§105. Letting a disorderly place25
* * *26
B.27
* * *28 HLS 14RS-12 ORIGINAL
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(4)(a) In addition, the court shall order that the personal property used in the1
commission of the offense shall be seized and impounded, and after conviction, sold2
at public sale or public auction by the district attorney in accordance with R.S.3
15:539.1.4
(b) The personal property made subject to seizure and sale pursuant to5
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic6
communication devices, computers, computer-related equipment, motor vehicles,7
photographic equipment used to record or create still or moving visual images of the8
victim that are recorded on paper, film, video tape, disc, or any other type of digital9
recording media.10
* * *11
§282. Operation of places of prostitution prohibited; penalty12
* * *13
B.14
* * *15
(4)(a) In addition, the court shall order that the personal property used in the16
commission of the offense shall be seized and impounded, and after conviction, sold17
at public sale or public auction by the district attorney in accordance with R.S.18
15:539.1.19
(b) The personal property made subject to seizure and sale pursuant to20
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic21
communication devices, computers, computer-related equipment, motor vehicles,22
photographic equipment used to record or create still or moving visual images of the23
victim that are recorded on paper, film, video tape, disc, or any other type of digital24
recording media.25
Section 2. R.S. 15:539.1(A) and (E)(introductory paragraph), 539.2(B),26
539.3(A)(introductory paragraph), 541(12)(b) and (25)(o), and 1352(A)(introductory27
paragraph) are hereby amended and reenacted and R.S. 15:243, 541(25)(p), 1308(A)(2)(s),28 HLS 14RS-12 ORIGINAL
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and 1352(A)(52), (53), (54), (55), (56), (57), (58), (59), (60), (61), and (62) are hereby1
enacted to read as follows:2
§243. Diversion program for defendants engaged in the purchase of sexual activity3
A. The district attorney for each judicial district, alone or in conjunction with4
the district attorney of an adjacent judicial district, may create and administer a5
diversion program for defendants charged with an offense in which the defendant6
engaged in the purchase of sexual activity unless the offense involves the purchase7
of sexual activity from a minor.8
B. At the discretion of the district attorney, after any costs associated with9
the administration of the program are paid, a portion of all monies collected pursuant10
to the provisions of this Section may be distributed to entities within their judicial11
district, or within the judicial districts participating in the program, that provide12
rehabilitative services and treatment to victims of offenses involving human13
trafficking and trafficking of children for sexual purposes.14
* * *15
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation16
of forfeited property17
A. When personal property is forfeited under the provisions of R.S. 14:40.318
(cyberstalking), R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking of19
children for sexual purposes), R.S. 14:80 (felony carnal knowledge of a juvenile),20
R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving21
juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or22
mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.23
14:82.1 (prostitution; persons under eighteen; additional offenses), R.S. 14:8324
(soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.225
(promoting prostitution), R.S. 14:84 (pandering), R.S. 14:85 (letting premises for26
prostitution), and R.S. 14:86 (enticing persons into prostitution), R.S. 14:10427
(keeping a disorderly place), R.S. 14:105 (letting a disorderly place), and R.S. 14:28228
(operation of places of prostitution; prohibited; penalty), the district attorney shall29 HLS 14RS-12 ORIGINAL
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authorize a public sale or a public auction conducted by a licensed auctioneer,1
without appraisal, of that which is not required by law to be destroyed and which is2
not harmful to the public.3
* * *4
E. Notwithstanding Subsection D of this Section, when the property to be is5
forfeited is related to human trafficking under pursuant to the provisions of R.S.6
14:46.2 or trafficking of children for sexual purposes under (human trafficking), R.S.7
14:46.3 (trafficking of children for sexual purposes), R.S. 14:81.1 (pornography8
involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.9
14:82.1 (prostitution; persons under eighteen; additional offenses), R.S. 14:8310
(soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.211
(promoting prostitution), R.S. 14:84 (pandering), R.S. 14:85 (letting premises for12
prostitution), R.S. 14:86 (enticing persons into prostitution), R.S. 14:104 (keeping13
a disorderly place), R.S. 14:105 (letting a disorderly place), and R.S. 14:28214
(operation of places of prostitution), the proceeds of the public sale or public auction15
shall be applied first to any restitution granted to the victim, after the costs of the16
public sale or auction, court costs, and fees related to seizure and storage have been17
satisfied. Any remaining proceeds shall be distributed in the following manner:18
* * *19
§539.2. Exploited Children's Special Fund20
* * *21
B.(1) There is established in the state treasury the Exploited Children's22
Special Fund, hereinafter referred to as the "fund". Appropriations by the legislature23
and all monetary assessments paid and interest accrued on funds collected pursuant24
to Subsection A of this Section shall be deposited into the Bond Security and25
Redemption Fund, and after a sufficient amount is allocated from the Bond Security26
and Redemption Fund to pay all the obligations secured by the full faith and credit27
of the state which become due and payable within any fiscal year, the treasurer shall28
pay the remainder of such monies into the fund.29 HLS 14RS-12 ORIGINAL
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(2)(a) Subject to appropriation by the legislature and except as provided in1
Subparagraph (b) of this Paragraph, monies in the fund shall be used for the2
provision of services and treatment administered by the Department of Children and3
Family Services, such as securing residential housing, health services, and social4
services, to sexually exploited children and adults. The department may also use the5
funds for grants or to provide services for sexually exploited children and adults.6
(b) Subject to appropriation by the legislature and notwithstanding the7
provisions of Subparagraph (a) of this Paragraph, a portion of the monies in the fund,8
not to exceed fifty percent, may be used for the development of training programs9
relative to human trafficking and trafficking of children for sexual purposes and for10
the providing of law enforcement training programs administered by the Council of11
Peace Officer Standards and Training within the Louisiana Commission on Law12
Enforcement and the Administration of Criminal Justice.13
§539.3 Mandatory restitution14
A. A person convicted of a violation of R.S. 14:46.2 (human trafficking), or15
R.S. 14:46.3 (trafficking of children for sexual purposes), R.S. 14:81.1 (pornography16
involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.17
14:82.1 (prostitution; persons under eighteen; additional offenses), R.S. 14:8318
(soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.219
(promoting prostitution), R.S. 14:84 (pandering), or R.S. 14:86 (enticing persons into20
prostitution), R.S. 14:104 (keeping a disorderly place), R.S. 14:105 (letting a21
disorderly place), and R.S. 14:282 (operation of places of prostitution) shall be22
ordered to pay mandatory restitution to the victim, with the proceeds from property23
forfeited under R.S. 15:539.1 applied first to payment of restitution, after the costs24
of the public sale or auction, court costs, and fees related to seizure and storage have25
been satisfied. Restitution under this Section shall include any of the following:26
* * *27 HLS 14RS-12 ORIGINAL
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§541. Definitions1
For the purposes of this Chapter, the definitions of terms in this Section shall2
apply:3
* * *4
(12) "Criminal offense against a victim who is a minor" for the purposes of5
this Chapter means conviction for the perpetration or attempted perpetration of or6
conspiracy to commit any of the following offenses:7
* * *8
(b) A violation of any of the following provisions when the victim is under9
eighteen years of age: R.S. 14:82.1, 82.2, 84(1), (3), (5), or (6), or 86, or R.S.10
23:251(A)(4).11
* * *12
(25) "Sexual offense against a victim who is a minor" means a conviction for13
the perpetration or attempted perpetration of, or conspiracy to commit, any of the14
following:15
* * *16
(o) Purchase of commercial sexual activity with a person under the age of17
eighteen years (R.S. 14:82.2).18
(o)(p) Any conviction for an offense under the laws of another state, or19
military, territorial, foreign, tribal, or federal law which is equivalent to the offenses20
listed in Subparagraphs (a) through (n) (o) of this Paragraph.21
* * *22
§1308. Authorization for interception of wire, electronic, or oral communications23
A. The attorney general, or the deputy or any assistant attorney general24
acting pursuant to the authorization of the attorney general, with the approval of the25
district attorney or any assistant district attorney acting pursuant to the written26
authorization of the district attorney in whose district the interception of wire,27
electronic, or oral communications shall take place, and the district attorney or28
authorized assistant district attorney, with the approval of the attorney general or29 HLS 14RS-12 ORIGINAL
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authorized deputy or assistant attorney general may authorize an application to a1
judge in whose district the interception of wire, electronic, or oral communications2
shall take place, and such judge may grant in conformity with R.S. 15:1310 an order3
authorizing or approving the interception of wire, electronic, or oral communications4
by an investigative or law enforcement officer having responsibility for the5
investigation of the offense as to which the application is made, when such6
interception may provide or has provided evidence of:7
* * *8
(2) The commission, attempted commission, or conspiracy to commit a9
crime involving any of the following offenses:10
* * *11
(s) Commercial sexual exploitation of children including R.S. 14:81.1, 81.3,12
82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 292.13
* * *14
§1352. Definitions15
As used in this Chapter:16
A. "Racketeering As used in this Chapter, "racketeering activity" means17
committing, attempting to commit, conspiring to commit, or soliciting, coercing, or18
intimidating another person to commit any crime that is punishable under the19
following provisions of Title 14 of the Louisiana Revised Statutes of 1950, the20
Uniform Controlled Dangerous Substances Law, or the Louisiana Securities Law:21
* * *22
(52) R.S. 14:81.1 (Pornography involving juveniles)23
(53) R.S. 14:81.3 (Computer-aided solicitation of a minor)24
(54) R.S. 14:82.1 (Prostitution; persons under eighteen; additional offenses)25
(55) R.S. 14:83 (Soliciting for prostitutes)26
(56) R.S. 14:83.1 (Inciting prostitution)27
(57) R.S. 14:83.2 (Promoting prostitution)28
(58) R.S. 14:85 (Letting premises for prostitution)29 HLS 14RS-12 ORIGINAL
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(59) R.S. 14:86 (Enticing persons into prostitution)1
(60) R.S. 14:104 (Keeping a disorderly place)2
(61) R.S. 14:105 (Letting a disorderly place)3
(62) R.S. 14:282 (Operation of places of prostitution; prohibited; penalty)4
* * *5
Section 3. R.S. 40:2405.7 is hereby enacted to read as follows:6
§2405.7. Human trafficking training7
A. The council shall provide training for law enforcement agencies in8
addressing human trafficking.9
B. Such training shall focus on all of the following:10
(1) Investigating human trafficking under R.S. 14:46.2.11
(2) Investigating trafficking of children for sexual purposes under R.S.12
14:46.3 and the special needs of sexually exploited children.13
(3) Methods used in identifying United States citizen and foreign national14
victims of human trafficking, including preliminary interview techniques and15
appropriate questioning methods.16
(4) Methods of increasing effective collaboration with non-governmental17
organizations and other relevant social service organizations in the course of18
investigating and prosecuting a human trafficking case.19
(5) Methods for protecting the rights of victims of human trafficking, taking20
into account the need to consider human rights and the special needs of female and21
child victims.22
(6) The necessity of treating victims of human trafficking as crime victims23
rather than criminals.24
(7) Methods for promoting the safety of victims of human trafficking.25
C. The council shall seek input and participation of appropriate26
non-governmental organizations and other relevant organizations in the preparation27
and presentation of training called for in this Section.28 HLS 14RS-12 ORIGINAL
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Section 4. R.S. 46:1802(10)(a), 1805(A), 1809(B)(4)(a), and 1844(W)(introductory1
paragraph), (1)(a) and (b), (2), and (3) are hereby amended and reenacted and R.S.2
46:1805(B)(3), 2161(C), and 2161.1 are hereby enacted to read as follows:3
§1802. Definitions4
As used in this Chapter:5
* * *6
(10) "Victim" means:7
(a) Any person who suffers personal injury, death, or catastrophic property8
loss as a result of a crime committed in this state and covered by this Chapter. This9
includes any person who is a victim of human trafficking as defined by R.S. 14:46.2,10
a victim of trafficking of children for sexual purposes as defined by R.S. 14:46.3, or11
a victim of any offense involving commercial sexual exploitation including but not12
limited to R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86,13
89.2, 104, 105, and 292.14
* * *15
§1805. Crimes to which Chapter applies16
A. The board may make an award and order the payment of reparations for17
pecuniary loss in accordance with the provisions of this Chapter for personal injury,18
death, or catastrophic property loss resulting from any act or omission to act that is19
defined as a misdemeanor under any local ordinance or as a crime under state or20
federal law and involves the use of force or the threat of the use of force or any21
human trafficking-related offense.22
B.23
* * *24
(3) "Human trafficking-related offense" shall include the perpetration or25
attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving26
commercial exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2,27
83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 292.28
* * *29 HLS 14RS-12 ORIGINAL
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§1809. Criteria for making awards; prohibitions; authority to deny or reduce awards1
* * *2
B. In making its determination, the following provisions shall apply:3
* * *4
(4) The board may deny or reduce an award:5
(a) If it finds that the behavior of the victim at the time of the crime giving6
rise to the claim was such that the victim bears some measure of responsibility for7
the crime that caused the physical injury, death, or catastrophic property loss or for8
the physical injury, death, or catastrophic property loss. However, such ineligibility9
shall not apply if the claimant is a victim of human trafficking or trafficking of10
children for sexual purposes a human trafficking-related offense as defined by R.S.11
46:1805.12
* * *13
§1844. Basic rights for victim and witness14
* * *15
W. Confidentiality of crime victims who are minors , and victims of sex16
offenses, and victims of human trafficking-related offenses.17
(1)(a) In order to protect the identity and provide for the safety and welfare18
of crime victims who are minors under the age of eighteen years and of victims of19
sex offenses or human trafficking-related offenses, notwithstanding any provision20
of law to the contrary, all public officials and officers and public agencies, including21
but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial22
officers, clerks of court, the Crime Victims Reparations Board, and the Department23
of Children and Family Services or any division thereof, shall not publicly disclose24
the name, address, or identity of crime victims who at the time of the commission of25
the offense are minors under eighteen years of age or of victims of sex offenses or26
human trafficking-related offenses, regardless of the date of commission of the27
offense. The confidentiality of the identity of the victim who at the time of the28
commission of the offense is a minor under eighteen years of age or the victim of a29 HLS 14RS-12 ORIGINAL
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sex offense or human trafficking-related offense may be waived by the victim. The1
public disclosure of the name of the juvenile crime victim by any public official or2
officer or public agency is not prohibited by this Subsection when the crime resulted3
in the death of the victim.4
(b) In order to protect the identity and provide for the safety and welfare of5
crime victims who are minors under the age of eighteen years and of victims of sex6
offenses or human trafficking-related offenses, notwithstanding any provision of law7
to the contrary, an attorney for any party shall be prohibited from publicly disclosing,8
except during trial, the name, address, or identity of crime victims who at the time9
of the commission of the offense are under eighteen years of age or are victims of10
sex offenses or human trafficking-related offenses, regardless of the date of11
commission of the offense. An attorney may lawfully utilize initials, abbreviations,12
or other forms of indefinite descriptions on documents used in the performance of13
their duties to prevent the public disclosure of the name, address, or identity of such14
crime victims. If the name, address, or identity of such a crime victim must be15
disclosed in a motion or pleading, that motion or pleading shall be filed with the16
court requesting that it be kept under seal. Failure to comply with the provisions of17
this Subparagraph shall be punishable as contempt of court.18
* * *19
(2) For purposes of this Section, "sex Section:20
(a) "Human trafficking-related offense" shall include the perpetration or21
attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving22
commercial sexual exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1,23
83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.24
(b) "Sex offense" shall include the perpetration or attempted perpetration of25
stalking (R.S. 14:40.2), misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1),26
obscenity (R.S. 14:106), or any offense listed in R.S. 15:541(24).27
(3) Notwithstanding any other provision of law to the contrary, all public28
officials, officers, and public agencies, including but not limited to all law29 HLS 14RS-12 ORIGINAL
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enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court,1
the Crime Victims Reparations Board, and the Department of Children and Family2
Services or any division thereof, charged with the responsibility of knowing the3
name, address, and identity of crime victims who are minors or of crime victims of4
a sex offense or a human trafficking-related offense as a necessary part of their5
duties shall have full and complete access to this information regarding a crime6
victim who is a minor or a victim of a sex offense or a human trafficking-related7
offense. Either prior to or at the time of a request for information, the public official8
or officer or public agency shall take measures to prevent the public disclosure of the9
name, address, or identity of such a crime victim who is a minor or a victim of a sex10
offense or human trafficking-related offense, which may include the use of initials,11
abbreviations, or any other form of concealing the identity of the victim on all public12
documents.13
* * *14
§2161. Human trafficking victims services plan15
* * *16
C. Each private entity that provides services to victims pursuant to the17
provisions of this Section shall submit to the Department of Children and Family18
Services an annual report on their operations including information on the services19
offered, geographic areas served, the number of persons served, and individual status20
updates on each person served. This information shall not include the name, address,21
or other identifying information of the person served. The Department of Children22
and Family Services shall compile the data from all the reports submitted pursuant23
to the provisions of this Subsection and shall provide this information to the24
legislature on or before the first day of February each year.25
§2161.1 Human trafficking victims services plan; adults26
A. With respect to persons referred to the Department of Children and27
Family Services who are eighteen years of age or older and who are found to be28
victims of human trafficking in which the services include commercial sexual29 HLS 14RS-12 ORIGINAL
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activity or any sexual conduct constituting a crime under the laws of this state, the1
department shall refer the person to the appropriate department, agency, or entity to2
provide the person with the following:3
(1) Assist the victim in applying for federal and state benefits and services4
to which the victim may be entitled.5
(2) Coordinate the delivery of health, mental health, housing, education, job6
training, child care, victims' compensation, legal, and other services available to7
victims of human or sex trafficking.8
(3) Refer victims to the appropriate community-based services to the extent9
that such services are available.10
(4) Assist the victim with family reunification or returning to the victim's11
place of origin, if the victims so desire.12
B. In coordinating these services for the victim, the department shall work13
together with such other state and federal agencies, public and private entities, and14
other stakeholders as they deem appropriate.15
C. Each private entity that provides services to victims pursuant to the16
provisions of this Section shall submit to the Department of Children and Family17
Services an annual report on their operations including information on the services18
offered, geographic areas served, the number of persons served, and individual status19
updates on each person served. This information shall not include the name, address,20
or other identifying information of the person served. The Department of Children21
and Family Services shall compile the data from all the reports submitted pursuant22
to the provisions of this Subsection and shall provide this information to the23
legislature on or before the first day of February each year.24 HLS 14RS-12 ORIGINAL
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Section 5. Code of Evidence Article 412(A), (B), (C)(1), and (E)(1) are hereby1
amended and reenacted and Code of Evidence Article 412.3 is hereby enacted to read as2
follows:3
Art. 412. Victim's past sexual behavior in sexual assault cases; trafficking offenses4
A.(1) Opinion and reputation evidence; sexual assault cases. When an5
accused is charged with a crime involving sexually assaultive behavior, reputation6
or opinion evidence of the past sexual behavior of the victim is not admissible.7
B.(2) Other evidence; exceptions. When an accused is charged with a crime8
involving sexually assaultive behavior, evidence of specific instances of the victim's9
past sexual behavior is also not admissible except for:10
(1)(a) Evidence of past sexual behavior with persons other than the accused,11
upon the issue of whether or not the accused was the source of semen or injury;12
provided that such evidence is limited to a period not to exceed seventy-two hours13
prior to the time of the offense, and further provided that the jury be instructed at the14
time and in its final charge regarding the limited purpose for which the evidence is15
admitted; or16
(2)(b) Evidence of past sexual behavior with the accused offered by the17
accused upon the issue of whether or not the victim consented to the sexually18
assaultive behavior.19
B.(1) Opinion and reputation evidence; trafficking. When an accused is20
charged with a crime involving human trafficking or trafficking of children for21
sexual purposes, reputation or opinion evidence of the past sexual behavior of the22
victim is not admissible.23
(2) Evidence of specific instances of the victim's past sexual behavior is not24
admissible unless the evidence is offered by the prosecution in a criminal case to25
prove a pattern of trafficking activity by the defendant.26
C. Motion. (1) Before the person, accused of committing a crime that27
involves sexually assaultive behavior, human trafficking, or trafficking of children28
for sexual purposes, may offer under Paragraph B (A)(2) or (B)(2) of this Article29 HLS 14RS-12 ORIGINAL
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evidence of specific instances of the victim's past sexual behavior, the accused shall1
make a written motion in camera to offer such evidence. The motion shall be2
accompanied by a written statement of evidence setting forth the names and3
addresses of persons to be called as witnesses.4
* * *5
E. Hearing. (1) If the court determines that the statement of evidence6
contains evidence described in Paragraph B (A)(2) or (B)(2), the court shall order a7
hearing which shall be closed to determine if such evidence is admissible. At such8
hearing the parties may call witnesses.9
* * *10
Art. 412.3. Statements made by victims of trafficking during investigations11
A. Any statement made by a victim of human trafficking or trafficking of12
children for sexual purposes during the course of an investigation of such offense13
shall not be admissible against the victim in a prosecution for any unlawful acts14
committed by the victim as a direct result of being trafficked.15
B. The provisions of this Article shall only apply to a victim who has agreed16
to provide assistance in furtherance of the investigation or prosecution of the17
defendant charged with human trafficking or trafficking of children for sexual18
purposes and who has agreed to receive services or participate in any program that19
provides services to victims of human trafficking or trafficking of children for sexual20
purposes if such services are available.21
Section 6. Code of Criminal Procedure Article 930.10 is hereby enacted to read as22
follows:23
Art. 930.10. Motion to vacate prior conviction; victims of trafficking-related24
offenses25
A. A person previously convicted of any of the following offenses,26
regardless of the age of the person at the time of the commission of the offense,27
which was committed as a direct result of being a victim of human trafficking or28
trafficking of children for sexual purposes, or a victim of an offense which would29 HLS 14RS-12 ORIGINAL
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constitute human trafficking or trafficking of children for sexual purposes regardless1
of the date of conviction, may apply to the court where the person was previously2
convicted of the offense to vacate the person's record of conviction for the offense:3
(1) R.S. 14:82 (Prostitution; definition; penalties; enhancement)4
(2) R.S. 14:83.3 (Prostitution by massage)5
(3) R.S. 14:83.4 (Massage; sexual conduct prohibited)6
(4) R.S. 14:89 (Crime against nature)7
(5) R.S. 14:89.2 (Crime against nature by solicitation)8
B. The court may grant the motion upon a showing, by clear and convincing9
evidence, by the applicant that the applicant's participation in the offense was a direct10
result of being a victim of human trafficking or trafficking of children for sexual11
purposes.12
C. Any motion authorized by the provisions of this Subsection, any hearing13
conducted on the motion, and any relief granted pursuant to the motion shall be14
subjected to the procedures set forth in this Title.15
D. The provisions of this Section shall not apply to any person who is16
arrested for R.S. 14:82.2 (Purchase of commercial sexual activity; penalties).17
Section 7. Children's Code Articles 603(2)(b) and (c) and 725.2 are hereby amended18
and reenacted and Children's Code Article 603(9.1) is hereby enacted to read as follows:19
Art. 603. Definitions20
As used in this Title:21
* * *22
(2) "Abuse" means any one of the following acts which seriously endanger23
the physical, mental, or emotional health and safety of the child:24
* * *25
(b) The exploitation or overwork of a child by a parent or any other person ,26
including but not limited to commercial sexual exploitation of the child.27 HLS 14RS-12 ORIGINAL
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(c) The involvement of the child in any sexual act with a parent or any other1
person, or the aiding or toleration by the parent, or the caretaker, or any other person2
of the child's sexual involvement in any of the following:3
(i) Any sexual act with any other person. or of the child's involvement in4
pornographic5
(ii) Pornographic displays , or any other involvement of a child in.6
(iii) Any sexual activity constituting a crime under the laws of this state.7
* * *8
(9.1) "Commercial sexual exploitation" means involvement of the child9
activity prohibited by the following statutes: R.S. 14:46.2, 46.3, 81.1, 81.3, 82, 82.1,10
82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.11
* * *12
Art. 725.2. Safe house for sexually exploited children13
A. The department may, to the extent funds are available, operate or contract14
with an appropriate nongovernmental agency with experience working with sexually15
exploited children to operate one or more safe houses in a geographically appropriate16
area of the state. Each safe house shall provide safe and secure housing and17
specialized services for sexually exploited children. Nothing in this Article shall be18
construed to preclude an agency from applying for and accepting grants, gifts, and19
bequests for funds from private individuals, foundations, and the federal government20
for the purpose of creating or carrying out the duties of a safe house for sexually21
exploited children.22
B. Each safe house operating under a contract with the department to provide23
services to sexually exploited children pursuant to the provisions of this Article shall24
submit to the department an annual report on their operations including information25
on the services offered, geographic areas served, number of children served, and26
individual status updates on each child served. This information shall not include27
the name, address, or other identifying information of the child served. The28
department shall compile the data from all the reports submitted by each safe house29 HLS 14RS-12 ORIGINAL
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pursuant to the provisions of this Article and shall provide this information in an1
annual report to the legislature on or before the first day of February each year.2
Section 8. Children's Code Articles 606(A)(7) is hereby enacted to read as follows:3
Art. 606. Grounds; child in need of care4
A. Allegations that a child is in need of care must assert one or more of the5
following grounds:6
* * *7
(7) The child is a victim of commercial sexual exploitation, human8
trafficking, or trafficking of children for sexual purposes perpetrated by any person9
regardless of their relationship to the child.10
* * *11
Section 9. The provisions of Section 8 of this Act shall become effective when a12
child, who is a victim of commercial sexual exploitation, human trafficking, or trafficking13
of children for sexual purposes perpetrated by someone other than a parent or caretaker,14
becomes an eligible victim for which federal match funds are available through Title IV-E15
of 47 U.S.C. 672.16
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)]
Abramson HB No. 1025
Abstract: Provides relative to human trafficking, trafficking of children for sexual
purposes, and offenses involving commercial sexual exploitation, and provides
relative to the victims of these offenses.
Present law provides for the crime of human trafficking, trafficking of children for sexual
purposes, and other offenses involving commercial sexual exploitation, and provides for
services, restitution, and reparations to victims of these offenses.
Relative to minor victims of trafficking of children for sexual purposes, present law provides
for an affirmative defense to prosecution for any offense committed by the minor as a direct
result of being trafficked.
Present law provides for the creation of the Exploited Children's Special Fund and provides
for the purpose and administration of monies in the fund.
Present law provides relative to the admissibility of evidence regarding the past sexual
behavior of victims in cases of sexual assault. HLS 14RS-12 ORIGINAL
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are additions.
Present law provides for the confidentiality of the identity of victims of certain sex offenses
and minor victims.
With regard to the crimes of human trafficking, trafficking of children for sexual purposes,
and other offenses involving commercial sexual exploitation, and relative to the victims of
these offenses, proposed law does all of the following:
(1)Creates the crime of unlawful purchase of commercial sexual activity, provides
penalties for commission of the offense, and requires certain persons convicted of
the offense to register as a sex offender and provide notification pursuant to present
law.
(2)Expands present law crimes of human trafficking and trafficking of children for
sexual purposes to include the act of receiving, isolating, and enticing another person
in order to engage in the prohibited activity.
(3)Clarifies the definition of "coercion" or "coerce" relative to the crimes of human
trafficking, pornography involving juveniles, and computer-aided solicitation of a
minor.
(4)Relative to victims of human trafficking involving services that include commercial
sexual activity or any sexual contact which constitutes a crime in this state, provides
for an affirmative defense to prosecution for any offense committed by the victim as
a direct result of being trafficked.
(5)Provides that any person who raises the affirmative defense provided by present and
proposed law, and who is determined to be a victim of human trafficking or
trafficking of children for sexual purposes, shall be notified of any treatment or
specialized services that are available for such victims.
(6)Expands the class of possible victims of computer-aided solicitation of a minor to
include 17-year-olds and expands the crime to prohibit use of a computer to solicit
a person to engage in commercial sexual activity.
(7)Provides for the forfeiture of certain property used in the commission of certain
offenses involving commercial sexual exploitation and provides for the deposit of
monies realized from the sale of such property into the Exploited Children's Special
Fund.
(8)Amends the purpose for use of monies in the Exploited Children's Special Fund to
include an appropriation, up to 50% of the fund, to the La. Commission on Law
Enforcement and the Administration of Criminal Justice for the purpose of providing
training to law enforcement on human trafficking and trafficking of children for
sexual purposes.
(9)Requires the Council on Peace Officer Standards and Training to provide a training
course for these purposes.
(10)Expands the list of crimes for which a person convicted of certain offenses is
required to make mandatory restitution to the victim.
(11)Authorizes the district attorney to establish a diversion program for defendants
engaged in the purchase of sexual activity and provides relative to monies collected
from such programs.
(12)Authorizes the interception of wire, electronic, or oral communications in
investigations of certain offenses involving commercial sexual exploitation. HLS 14RS-12 ORIGINAL
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(13)For the purpose of victim's reparations, clarifies that the definition of "victim"
includes any person who is a victim of human trafficking, trafficking of children for
sexual purposes, or a victim of any offense involving commercial sexual
exploitation.
(14)Provides for the confidentiality of the identity of victims of human trafficking-related
offenses.
(15)Provides relative to the admissibility of evidence of the past sexual behavior of a
victim of human trafficking or trafficking of children for sexual purposes and
provides for the inadmissibility of statements made by these victims during the
course of an investigation if the victim agrees to provide assistance in furtherance of
the investigation and to receive services if such services are available.
(16)Authorizes the filing of a motion to vacate a conviction for certain offenses which
were committed as a direct result of being a victim of human trafficking or
trafficking of children for sexual purposes.
(17)Amends the present law definition of "abuse" for purposes of classifying a child as
a child in need of care pursuant to present law.
(18)Adds victims of commercial sexual exploitation, human trafficking, or trafficking
of children for sexual purposes perpetrated by any person regardless of their
relationship to the child to the list of grounds for which a child may be declared to
be a child in need of care. Provides that this provision shall not become effective
until a child, who is a victim of commercial sexual exploitation, human trafficking,
or trafficking of children for sexual purposes perpetrated by someone other than a
parent or caretaker, becomes an eligible victim for which federal match funds are
available through Title IV-E of 47 U.S.C. 672.
(19)With regard to certain adult trafficking victims referred to DCFS, requires DCFS to
refer the person to the appropriate department, agency, or entity to provide the
person with certain services.
(20)Provides that any private entity who provides services to adult or child victims of
human trafficking or trafficking of children for sexual purposes pursuant to present
law or proposed law shall report annually on their operations.
(21)Expands the definition of "racketeering activity" to include pornography involving
juveniles; computer-aided solicitation of a minor; prostitution, persons under
eighteen; soliciting for prostitutes; inciting prostitution; promoting prostitution;
letting premises for prostitution; enticing persons into prostitution; keeping a
disorderly place; letting a disorderly place; and operation of places of prostitution.
(Amends R.S. 14:46.2(A)(1), (C)(2), and (D), 46.3(A)(1), (C)(3), and (E), 81.1(B)(3), (4),
(5), (6), (7), and (8), 81.3(A), (B)(1)(a) and (c), and (D), 82(G), 83.3(D), 83.4(C), 86(C),
89(C), and 89.2(D)(1), R.S. 15:539.1(A) and (E)(intro. para.), 539.2(B), 539.3(A)(intro.
para.), 541(12)(b) and (25)(o), and 1352(A)(intro. para.), R.S. 46:1802(10)(a), 1805(A),
1809(B)(4)(a), and 1844(W)(intro. para.), (1)(a) and (b), (2), and (3), C.E. Art. 412(A), (B),
(C)(1), and (E)(1), and Ch.C. Art. 603(2)(b) and (c), and 725.2; Adds R.S. 14:46.2(C)(3) and
(4) and (F), 81.1(B)(9), (10), and (11), 82.1(D)(4) and (F), 82.2, 83(B)(4), 83.1(B)(4),
83.2(B)(4), 84(B)(4), 85(B)(4), 89.2(D)(5), 104(B)(4), 105(B)(4), and 282(B)(4), R.S.
15:243, 541(25)(p), 1308(A)(2)(s), and 1352(A)(52), (53), (54), (55), (56), (57), (58), (59),
(60), (61), and (62), R.S. 40:2405.7, R.S. 46:1805(B)(3), 2161(C), and 2161.1, C.E. Art.
412.3, C.Cr.P. Art. 930.10, and Ch.C. Art. 603(9.1) and 606(A)(7))