Louisiana House Bill HB1025 Engrossed / Bill

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Regular Session, 2014
HOUSE BILL NO. 1025
BY REPRESENTATIVES ABRAMSON, ADAMS, ANDERS, ARMES, ARNOLD,
BADON, BARRAS, BARROW, BERTHELOT, BILLIOT, STUART BISHOP,
WESLEY BISHOP, BROADWATER, BROSSETT, BROWN, BURFORD, HENRY
BURNS, TIM BURNS, BURRELL, CARMODY, CARTER, CHAMPAGNE,
CHANEY, CONNICK, COX, CROMER, DANAHAY, DIXON, DOVE,
EDWARDS, FANNIN, FOIL, FRANKLIN, GAINES, GAROFALO, GEYMANN,
GISCLAIR, GREENE, GUILLORY, GUINN, HARRIS, HARRISON, HAVARD,
HAZEL, HENRY, HENSGENS, HILL, HODGES, HOFFMANN, HOLLIS,
HONORE, HOWARD, HUNTER, HUVAL, IVEY, KATRINA JACKSON, JAMES,
JEFFERSON, JOHNSON, JONES, KLECKLEY, LAMBERT, NANCY LANDRY,
TERRY LANDRY, LEBAS, LEGER, LEOPOLD, LOPINTO, LORUSSO, MACK,
MILLER, MONTOUCET, MORENO, JAY MORRIS, NORTON, ORTEGO,
PEARSON, PIERRE, PONTI, POPE, PRICE, PUGH, PYLANT, REYNOLDS,
RICHARD, RITCHIE, ROBIDEAUX, SCHEXNAYDER, SCHRODER,
SEABAUGH, SHADOIN, SIMON, SMITH, ST. GERMAIN, STOKES, TALBOT,
THIBAUT, THIERRY, THOMPSON, WHI TNEY, PATRICK WILLIAMS,
WILLMOTT, AND WOODRUFF 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)(3) and (D), 82(G), 83.3(D), 83.4(C),3
86(C), 89(C), and 89.2(D)(1), R.S. 15:539.1(A) and (E)(introductory paragraph),4
539.2(B), 539.3(A)(introductory paragraph), 541(2)(o), (12)(b), (24)(a), and (25)(c)5
through (n), 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), Code of Criminal8
Procedure Articles 851 and 853, and Children's Code Articles 603(2)(b) and (c) and9
725.2, to enact R.S. 14:46.2(C)(3) and (4) and (F), 81.1(B)(9), (10), and (11),10
81.3(A)(4), 82.1(D)(4) and (F), 82.2, 83(B)(4), 83.1(B)(4), 83.2(B)(4), 84(B)(4),11
85(B)(4), 89.2(D)(5), 104(B)(4), 105(B)(4), and 282(B)(4), R.S. 15:243, 541(2)(p)12 HLS 14RS-12	REENGROSSED
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and (q), 1308(A)(2)(s), and 1352(A)(52), (53), (54), (55), (56), (57), (58), (59), (60),1
(61), and (62), R.S. 40:2405.7, R.S. 46:1805(B)(3), 2161(C), and 2161.1, Code of2
Evidence Article 412.3, Code of Criminal Procedure Article 855.1, and Children's3
Code Articles 603(9.1) and 606(A)(7), and to repeal R.S. 15:541(25)(o), relative to4
human trafficking, trafficking of children for sexual purposes, and commercial5
sexual exploitation; to provide relative to the crimes of human trafficking and6
trafficking of children for sexual purposes; to provide relative to crimes involving7
the commercial sexual exploitation of persons; to create the crime of unlawful8
purchase of commercial sexual activity; to provide penalties for the offense; to9
require certain persons convicted of the offense to register and provide notification10
as a sex offender; to amend provisions relative to the registration and notification11
requirements for persons convicted of certain offenses involving commercial sexual12
exploitation; to clarify the definition of "coercion" relative to human trafficking,13
pornography involving juveniles, and computer-aided solicitation of a minor; to14
expand the definition of human trafficking and trafficking of children for sexual15
purposes; to provide relative to the confidentiality of victims of human trafficking-16
related offense; to provide relative to the admissibility of evidence of the past sexual17
behavior of a victim of human trafficking or trafficking of children for sexual18
purposes; to provide relative to statements made by a victim of human trafficking or19
trafficking of children for sexual purposes during the course of an investigation; to20
authorize victims of trafficking to file a motion for a new trial for certain offenses;21
to provide relative to a victim's access to and eligibility for services; to expand22
eligibility for services to certain child victims; to provide for a special effective date23
for such expansion; to require private service providers who contract with the state24
to provide annual reports on their operations; to provide relative to victims of25
trafficking referred to the Department of Children and Family Services; to expand26
the definition of "racketeering activity" to include certain offenses involving27
commercial sexual exploitation; to provide for an affirmative defense to prosecution28
for victims of human trafficking; to provide that such victims are eligible for29 HLS 14RS-12	REENGROSSED
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services; to expand the crime of computer-aided solicitation of a minor to include1
soliciting the person to engage in commercial sexual activity; to clarify the definition2
of "victim" for purposes of victim's reparations; to authorize the interception of wire,3
electronic, or oral communications in investigations of offenses involving4
commercial sexual exploitation; to provide relative to the forfeiture of assets used5
in the commission of certain trafficking-related offenses; to provide relative to the6
uses of monies deposited into the Exploited Children's Special Fund; to provide for7
law enforcement training; to require mandatory restitution for persons convicted of8
certain offenses involving commercial sexual exploitation; to authorize the9
establishment of certain diversion programs; to provide relative to the monies10
collected from such programs; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 14:46.2(A)(1), (C)(2), and (D), 46.3(A)(1), (C)(3), and (E),13
81.1(B)(3), (4), (5), (6), (7), and (8), 81.3(A)(3) and (D), 82(G), 83.3(D), 83.4(C), 86(C),14
89(C), and 89.2(D)(1) are hereby amended and reenacted and R.S. 14:46.2(C)(3) and (4) and15
(F), 81.1(B)(9), (10), and (11), 81.3(A)(4), 82.1(D)(4) and (F), 82.2, 83(B)(4), 83.1(B)(4),16
83.2(B)(4), 84(B)(4), 85(B)(4), 89.2(D)(5), 104(B)(4), 105(B)(4), and 282(B)(4) are hereby17
enacted to read as follows:18
§46.2.  Human trafficking19
A.  It shall be unlawful:20
(1) For any person to knowingly recruit, harbor, transport, provide, solicit,21
receive, isolate, entice, obtain, or maintain the use of another person through fraud,22
force, or coercion to provide services or labor.23
*          *          *24
C.  For purposes of this Section:25
*          *          *26
(2) "Debt bondage" means inducing an individual to provide any of the27
following:28 HLS 14RS-12	REENGROSSED
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(a) Commercial sexual activity in payment toward or satisfaction of a real1
or purported debt.2
(b) Labor or services in payment toward or satisfaction of a real or purported3
debt if either of the following occur:4
(i) The reasonable value of the labor or services provided is not applied5
toward the liquidation of the debt.6
(ii) The length of the labor or services is not limited and the nature of the7
labor or services is not defined.8
(2)(3) "Fraud, force, or coercion" means shall include but not be limited to9
any of the following:10
(a)  Causing or threatening to cause serious bodily injury	;.11
(b) Physically restraining or threatening to physically restrain another12
person;.13
(c)  Abduction or threatened abduction of an individual.14
(d) The use of a plan, pattern, or statement with intent to cause an individual15
to believe that failure to perform an act will result in the use of force against,16
abduction of, serious harm to, or physical restraint of an individual.17
(e)  The abuse or threatened abuse of law or legal process.18
(c)(f)  Intentionally destroying, concealing, removing, confiscating, or19
possessing The actual or threatened destruction, concealment, removal, confiscation,20
or possession of any actual or purported passport or other immigration document, or21
any other actual or purported government identification document, of another person;22
or.23
(g) Controlling or threatening to control an individual's access to a controlled24
dangerous substance as set forth in R.S. 40:961 et seq.25
(h) The use of an individual's physical or mental impairment, where such26
impairment has substantial adverse effects on the individual's cognitive or volitional27
functions.28
(i)  The use of debt bondage or civil or criminal fraud.29 HLS 14RS-12	REENGROSSED
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(d)(j) Extortion as defined in R.S. 14:66.1
(4)  "Labor or services" means activity having an economic value.2
D. It shall not be a defense to prosecution for a violation of this Section that3
the person being recruited, harbored, transported, provided, solicited, received,4
isolated, enticed, obtained, or maintained is actually a law enforcement officer or5
peace officer acting within the official scope of his duties.6
*          *          *7
F.(1) A victim of trafficking involving services that include commercial8
sexual activity or any sexual contact which constitutes a crime pursuant to the laws9
of this state shall have an affirmative defense to prosecution for any of the following10
offenses which were committed as a direct result of being trafficked:11
(a)  R.S. 14:82 (Prostitution)12
(b)  R.S. 14:83.3 (Prostitution by massage)13
(c)  R.S. 14:83.4 (Massage; sexual conduct prohibited)14
(d)  R.S. 14:89 (Crime against nature)15
(e)  R.S. 14:89.2 (Crime against nature by solicitation)16
(2) Any person seeking to raise this affirmative defense shall provide written17
notice to the state at least forty-five days prior to trial or at an earlier time as18
otherwise required by the court.19
(3)  Any person determined to be a victim pursuant to the provisions of this20
Subsection shall be notified of any treatment or specialized services for sexually21
exploited persons to the extent that such services are available.22
§46.3.  Trafficking of children for sexual purposes23
A.  It shall be unlawful:24
(1) For any person to knowingly recruit, harbor, transport, provide, sell,25
purchase, receive, isolate, entice, obtain, or maintain the use of a person under the26 HLS 14RS-12	REENGROSSED
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age of eighteen years for the purpose of engaging in commercial sexual activity.1
*          *          *2
C.3
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(3) It shall not be a defense to prosecution for a violation of this Section that5
the person being recruited, harbored, transported, provided, sold, purchased,6
received, isolated, enticed, obtained, or maintained is actually a law enforcement7
officer or peace officer acting within the official scope of his duties.8
*          *          *9
E. No victim of trafficking as defined provided by the provisions of this10
Section shall be prosecuted for unlawful acts committed as a direct result of being11
trafficked.  Any child determined to be a victim pursuant to the provisions of this12
Subsection shall be eligible for specialized services for sexually exploited children.13
*          *          *14
§81.1.  Pornography involving juveniles15
*          *          *16
B.  For purposes of this Section, the following definitions shall apply:17
*          *          *18
(3)  "Coerce" shall include but not be limited to any of the following:19
(a)  Causing or threatening to cause serious bodily injury.20
(b) Physically restraining or threatening to physically restrain another21
person.22
(c)  Abduction or threatened abduction of an individual.23
(d) The use of a plan, pattern, or statement with intent to cause an individual24
to believe that failure to perform an act will result in the use of force against,25
abduction of, serious harm to, or physical restraint of an individual.26
(e)  The abuse or threatened abuse of law or legal process.27 HLS 14RS-12	REENGROSSED
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(f) The actual or threatened destruction, concealment, removal, confiscation,1
or possession of any actual or purported passport or other immigration document, or2
any other actual or purported government identification document, of another person.3
(g) Controlling or threatening to control an individual's access to a controlled4
dangerous substance as set forth in R.S. 40:961 et seq.5
(h) The use of an individual's physical or mental impairment, where such6
impairment has substantial adverse effects on the individual's cognitive or volitional7
functions.8
(i)  The use of debt bondage or civil or criminal fraud.9
(j)  Extortion as defined in R.S. 14:66.10
(4) "Debt bondage" means inducing an individual to provide any of the11
following:12
(a) Commercial sexual activity in payment toward or satisfaction of a real13
or purported debt.14
(b) Labor or services in payment toward or satisfaction of a real or purported15
debt if either of the following occur:16
(i) The reasonable value of the labor or services provided is not applied17
toward the liquidation of the debt.18
(ii)  The length of the labor or services is not limited and the nature of the19
labor or services is not defined.20
(3)(5) "Distribute" means to issue, sell, give, provide, lend, mail, deliver,21
transfer, transmute, distribute, circulate, or disseminate by any means.22
(4)(6) "Interactive computer service" means any information service, system,23
or access software provider that provides or enables computer access by multiple24
users to a computer server, including a service or system that provides access to the25
Internet and such systems operated or services offered by libraries or educational26
institutions.27
(7)  "Labor or services" mean activity having economic value.28 HLS 14RS-12	REENGROSSED
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(5)(8) "Pornography involving juveniles" is any photograph, videotape, film,1
or other reproduction, whether electronic or otherwise, of any sexual performance2
involving a child under the age of seventeen.3
(6)(9) "Produce" means to photograph, videotape, film, or otherwise4
reproduce pornography involving juveniles, or to solicit, promote, or coerce any5
child for the purpose of pornography involving juveniles.6
(7)(10) "Sexual performance" means any performance or part thereof that7
includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual8
bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals9
or anus.10
(8)(11) "Telecommunications service" means the offering of11
telecommunications for a fee directly to the public, regardless of the facilities used.12
*          *          *13
§81.3.  Computer-aided solicitation of a minor14
A.15
*          *          *16
(3) It shall also be a violation of the provisions of this Section when a person17
seventeen years of age or older knowingly contacts or communicates, through the18
use of electronic textual communication, with a person who has not yet attained the19
age of seventeen, or a person reasonably believed to have not yet attained the age of20
seventeen, for the purpose of recruiting, enticing, or coercing the person to engage21
in commercial sexual activity.22
(3)(4) It shall also be a violation of the provisions of this Section when the23
contact or communication is initially made through the use of electronic textual24
communication and subsequent communication is made through the use of any other25
form of communication.26
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D. For purposes of this Section, the following words have the following1
meanings:2
(1)  "Coerce"shall include but not be limited to any of the following:3
(a)  Causing or threatening to cause serious bodily injury.4
(b) Physically restraining or threatening to physically restrain another5
person.6
(c)  Abduction or threatened abduction of an individual.7
(d) The use of a plan, pattern, or statement with intent to cause an individual8
to believe that failure to perform an act will result in the use of force against,9
abduction of, serious harm to, or physical restraint of an individual.10
(e)  The abuse or threatened abuse of law or legal process.11
(f) The actual or threatened destruction, concealment, removal, confiscation,12
or possession of any actual or purported passport or other immigration document, or13
any other actual or purported government identification document, of another person.14
(g) Controlling or threatening to control an individual's access to a controlled15
dangerous substance as set forth in R.S. 40:961 et seq.16
(h) The use of an individual's physical or mental impairment, where such17
impairment has substantial adverse effects on the individual's cognitive or volitional18
functions.19
(i)  The use of debt bondage or civil or criminal fraud.20
(j)  Extortion as defined in R.S. 14:66.21
(2) "Debt bondage" means inducing an individual to provide any of the22
following:23
(a) Commercial sexual activity in payment toward or satisfaction of a real24
or purported debt.25
(b) Labor or services in payment toward or satisfaction of a real or purported26
debt if either of the following occur:27
(i) The reasonable value of the labor or services provided is not applied28
toward the liquidation of the debt.29 HLS 14RS-12	REENGROSSED
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(ii) The length of the labor or services is not limited and the nature of the1
labor or services is not defined.2
(1)(3) "Electronic textual communication" means a textual communication3
made through the use of a computer on-line service, Internet service, or any other4
means of electronic communication, including but not limited to a local bulletin5
board service, Internet chat room, electronic mail, or on-line messaging service.6
(4)  "Labor or services" means activity having economic value.7
(2)(5) "Sexual conduct" means actual or simulated sexual intercourse,8
deviant sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse,9
lewd exhibition of the genitals, or any lewd or lascivious act.10
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§82.  Prostitution; definition; penalties; enhancement12
*          *          *13
G.(1) 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 trafficking of children for sexual purposes as provided in R.S.16
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this17
Paragraph shall be eligible for specialized services for sexually exploited children.18
(2) It shall be an affirmative defense to prosecution for a violation of this19
Section that, during the time of the alleged commission of the offense, the defendant20
is determined to be a victim of human trafficking pursuant to the provisions of R.S.21
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this22
Paragraph shall be notified of any treatment or specialized services for sexually23
exploited persons to the extent that such services are available.24
§82.1.  Prostitution; persons under eighteen; additional offenses25
*          *          *26
D.27
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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
F. Any person determined to be a victim of this offense shall be eligible for12
specialized services for sexually exploited children.13
§82.2.  Purchase of commercial sexual activity; penalties14
A. It shall be unlawful for any person to knowingly give, agree to give, or15
offer to give anything of value to another in order to engage in sexual intercourse16
with a person who receives or agrees to receive anything of value as compensation17
for such activity.18
B. For purposes of this Section, "sexual intercourse" means anal, oral, or19
vaginal intercourse or any other sexual activity constituting a crime pursuant to the20
laws of this state.21
C.(1) Whoever violates the provisions of this Section shall be fined not more22
than five hundred dollars or be imprisoned for not more than six months, or both.23
(2) On a second conviction, the offender shall be fined not less than two24
hundred fifty dollars nor more than two thousand dollars or be imprisoned, with or25
without hard labor, for not more than two years, or both.26
(3) On a third and subsequent conviction, the offender shall be imprisoned,27
with or without hard labor, for not less than two nor more than four years and shall28
be fined not less than five hundred dollars nor more than four thousand dollars.29 HLS 14RS-12	REENGROSSED
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(4) Whoever violates the provisions of this Section with a person the1
offender knows to be under the age of eighteen years, or with a person the offender2
knows to be a victim of human trafficking as defined by R.S. 14:46.2 or trafficking3
of children for sexual purposes as defined by R.S. 14:46.3, shall be fined not more4
than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years5
nor more than fifty years, or both.6
(5) Whoever violates the provisions of this Section with a person the7
offender knows to be under the age of fourteen years shall be fined not more than8
seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five9
years nor more than fifty years, or both.10
D.(1) Any child under the age of eighteen determined to be a victim of this11
offense shall be eligible for specialized services for sexually exploited children.12
(2) Any person, eighteen years of age or older, determined to be a victim of13
this offense shall be notified of any treatment or specialized services for sexually14
exploited persons to the extent that such services are available.15
E. It shall not be a defense to prosecution for a violation of this Section that16
the person who receives or agrees to receive anything of value is actually a law17
enforcement officer or peace officer acting within the official scope of his duties.18
§83.  Soliciting for prostitutes19
*          *          *20
B.21
*          *          *22
(4)(a) In addition, the court shall order that the personal property used in the23
commission of the offense shall be seized and impounded, and after conviction, sold24
at public sale or public auction by the district attorney in accordance with R.S.25
15:539.1.26
(b) The personal property made subject to seizure and sale pursuant to27
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic28
communication devices, computers, computer-related equipment, motor vehicles,29 HLS 14RS-12	REENGROSSED
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photographic equipment used to record or create still or moving visual images of the1
victim that are recorded on paper, film, video tape, disc, or any other type of digital2
recording media.3
§83.1.  Inciting prostitution4
*          *          *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
§83.2.  Promoting 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	REENGROSSED
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victim that are recorded on paper, film, video tape, disc, or any other type of digital1
recording media.2
§83.3.  Prostitution by massage3
*          *          *4
D.(1) It shall be an affirmative defense to prosecution for a violation of this5
Section that, during the time of the alleged commission of the offense, the defendant6
was a victim of trafficking of children for sexual purposes as provided in R.S.7
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this8
Paragraph shall be eligible for specialized services for sexually exploited children.9
(2) It shall be an affirmative defense to prosecution for a violation of this10
Section that, during the time of the alleged commission of the offense, the defendant11
is determined to be a victim of human trafficking pursuant to the provisions of R.S.12
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this13
Paragraph shall be notified of any treatment or specialized services for sexually14
exploited persons to the extent that such services are available.15
§83.4.  Massage; sexual conduct prohibited 16
*          *          *17
C.(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
is determined to be a victim of human trafficking pursuant to the provisions of R.S.25
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this26
Paragraph shall be notified of any treatment or specialized services for sexually27
exploited persons to the extent that such services are available.28 HLS 14RS-12	REENGROSSED
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§84.  Pandering1
*          *          *2
B.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
§85.  Letting premises for prostitution15
*          *          *16
B.17
*          *          *18
(4)(a) In addition, the court shall order that the personal property used in the19
commission of the offense shall be seized and impounded, and after conviction, sold20
at public sale or public auction by the district attorney in accordance with R.S.21
15:539.1.22
(b) The personal property made subject to seizure and sale pursuant to23
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic24
communication devices, computers, computer-related equipment, motor vehicles,25
photographic equipment used to record or create still or moving visual images of the26
victim that are recorded on paper, film, video tape, disc, or any other type of digital27
recording media.28 HLS 14RS-12	REENGROSSED
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§86.  Enticing persons into prostitution1
*          *          *2
C.(1) It shall not be a defense to prosecution for a violation of this Section3
that the person being enticed is actually a law enforcement officer or peace officer4
acting in his official capacity.5
(2) It shall not be a defense to prosecution for a violation of this Section that6
the person being enticed consented to the activity.7
*          *          *8
§89.  Crime against nature9
*          *          *10
C.(1) It shall be an affirmative defense to prosecution for a violation of this11
Section that, during the time of the alleged commission of the offense, the defendant12
was a victim of trafficking of children for sexual purposes as provided in R.S.13
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this14
Paragraph shall be eligible for specialized services for sexually exploited children.15
(2) It shall be an affirmative defense to prosecution for a violation of this16
Section that, during the time of the alleged commission of the offense, the defendant17
is determined to be a victim of human trafficking pursuant to the provisions of R.S.18
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this19
Paragraph shall be notified of any treatment or specialized services for sexually20
exploited persons to the extent that such services are available.21
*          *          *22
§89.2.  Crime against nature by solicitation23
*          *          *24
D.(1) It shall be an affirmative defense to prosecution for a violation of this25
Section that, during the time of the alleged commission of the offense, the defendant26
was a victim of trafficking of children for sexual purposes as provided in R.S.27 HLS 14RS-12	REENGROSSED
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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
is determined to be a victim of human trafficking pursuant to the provisions of R.S.6
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this7
Paragraph shall be notified of any treatment or specialized services for sexually8
exploited persons to the 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	REENGROSSED
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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(2)(o), (12)(b), (24)(a), and (25)(c) through (n), and27
1352(A)(introductory paragraph) are hereby amended and reenacted and R.S. 15:243,28 HLS 14RS-12	REENGROSSED
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541(2)(p) and (q), 1308(A)(2)(s), and 1352(A)(52), (53), (54), (55), (56), (57), (58), (59),1
(60), (61), and (62) are hereby 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	REENGROSSED
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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	REENGROSSED
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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), 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	REENGROSSED
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§541.  Definitions1
For the purposes of this Chapter, the definitions of terms in this Section shall2
apply:3
*          *          *4
(2) "Aggravated offense" means a conviction for the perpetration or5
attempted perpetration of, or conspiracy to commit, any of the following:6
*          *          *7
(o) Human trafficking (R.S. 14:46.2) when the trafficking involves a person8
under the age of eighteen years or when the services include commercial sexual9
activity or any sexual conduct constituting a crime under the laws of this state.10
(p) Purchase of commercial sexual activity with a person under the age of11
eighteen years or with a victim of human trafficking (R.S. 14:82.2(C)(4) and (5)).12
(o)(q) Any offense under the laws of another state, or military, territorial,13
foreign, tribal, or federal law which is equivalent to the offenses listed in14
Subparagraphs (a) through (n)(p) of this Paragraph.15
*          *          *16
(12) "Criminal offense against a victim who is a minor" for the purposes of17
this Chapter means conviction for the perpetration or attempted perpetration of or18
conspiracy to commit any of the following offenses:19
*          *          *20
(b) A violation of any of the following provisions when the victim is under21
eighteen years of age: R.S. 14:46.2, 82.1, 84(1), (3), (5), or (6), or 86, or R.S.22
23:251(A)(4).23
*          *          *24
(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,25
or conviction for the perpetration or attempted perpetration of or conspiracy to26
commit human trafficking when prosecuted under the provisions of R.S.27
14:46.2(B)(2) or (3), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S.28
14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime against nature),29
R.S. 14:89.1 (aggravated crime against nature), R.S. 14:89.2(B)(3) (crime against30 HLS 14RS-12	REENGROSSED
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nature by solicitation), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S.1
14:81 (indecent behavior with juveniles), R.S.14:81.1 (pornography involving2
juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or3
mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.4
14:81.4 (prohibited sexual conduct between an educator and student), R.S. 14:82.15
(prostitution; persons under eighteen), R.S. 14:82.2(C)(4) and (5) (purchase of6
commercial sexual activity), R.S. 14:92(A)(7) (contributing to the delinquency of7
juveniles), R.S. 14:93.5 (sexual battery of the infirm), R.S. 14:106(A)(5) (obscenity8
by solicitation of a person under the age of seventeen), R.S. 14:283 (video9
voyeurism), R.S. 14:41 (rape), R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible10
rape), R.S. 14:43 (simple rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2 (second11
degree sexual battery), R.S. 14:43.3 (oral sexual battery), R.S. 14:43.5 (intentional12
exposure to AIDS virus), or a second or subsequent conviction of R.S. 14:283.113
(voyeurism), committed on or after June 18, 1992, or committed prior to June 18,14
1992, if the person, as a result of the offense, is under the custody of the Department15
of Public Safety and Corrections on or after June 18, 1992.  A conviction for any16
offense provided in this definition includes a conviction for the offense under the17
laws of another state, or military, territorial, foreign, tribal, or federal law which is18
equivalent to an offense provided for in this Chapter, unless the tribal court or19
foreign conviction was not obtained with sufficient safeguards for fundamental20
fairness and due process for the accused as provided by the federal guidelines21
adopted pursuant to the Adam Walsh Child Protection and Safety Act of 2006.22
*          *          *23
(25) "Sexual offense against a victim who is a minor" means a conviction for24
the perpetration or attempted perpetration of, or conspiracy to commit, any of the25
following:26
*          *          *27
(c) Human trafficking when prosecuted under the provisions of R.S.28
14:46.2(B)(3).29 HLS 14RS-12	REENGROSSED
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(d)(c) Aggravated incest (R.S. 14:78.1) under the circumstances not listed1
as those which constitute an "aggravated offense" as defined in this Section.2
(e)(d) Pornography involving juveniles (R.S. 14:81.1).3
(f)(e) Molestation of a juvenile or a person with a physical or mental4
disability (R.S. 14:81.2), except when prosecuted under the provisions of R.S.5
14:81.2(C)(1), (D)(1), or (D)(2).6
(g)(f) Computer-aided solicitation of a minor (R.S. 14:81.3).7
(h)(g) Prostitution; persons under seventeen (R.S. 14:82.1).8
(i)(h) Enticing minors into prostitution (R.S. 14:86).9
(j)(i) Pandering in violation of R.S. 14:84(1), (3), (5), and (6).10
(k)(j) Soliciting for prostitutes when the persons being solicited for11
prostitution are under the age of eighteen years (R.S. 14:83).12
(l)(k) Inciting prostitution when the prostitution involves persons under the13
age of eighteen years (R.S. 14:83.1).14
(m)(l) Promoting prostitution when the prostitution being promoted involves15
persons under the age of eighteen years (R.S. 14:83.2).16
(n)(m) Operation of places of prostitution when the prostitution involves17
persons under the age of eighteen years (R.S. 14:282).18
(o)(n) 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)(m) 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	REENGROSSED
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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 282.13
*          *          *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	REENGROSSED
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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 citizens and foreign national14
victims of human trafficking, including preliminary interview techniques and15
appropriate questioning methods.16
(4) Methods of increasing effective collaboration with nongovernmental17
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
nongovernmental organizations and other relevant organizations in the preparation27
and presentation of training called for in this Section.28 HLS 14RS-12	REENGROSSED
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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 282.14
*          *          *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 282.28
*          *          *29 HLS 14RS-12	REENGROSSED
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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	REENGROSSED
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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	REENGROSSED
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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	REENGROSSED
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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 the victim to the appropriate community-based services to the9
extent that such services are available.10
(4)  Assist the victim with family reunification or returning to the victim's11
place of origin, if the victim so desires.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
Section 5. Code of Evidence Article 412(A), (B), (C)(1), and (E)(1) are hereby25
amended and reenacted and Code of Evidence Article 412.3 is hereby enacted to read as26
follows:27 HLS 14RS-12	REENGROSSED
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Art. 412. Victim's past sexual behavior in sexual assault cases; trafficking offenses1
A.(1) Opinion and reputation evidence; sexual assault cases.  When an2
accused is charged with a crime involving sexually assaultive behavior, reputation3
or opinion evidence of the past sexual behavior of the victim is not admissible.4
B.(2) Other evidence; exceptions.  When an accused is charged with a crime5
involving sexually assaultive behavior, evidence of specific instances of the victim's6
past sexual behavior is also not admissible except for:7
(1)(a) Evidence of past sexual behavior with persons other than the accused,8
upon the issue of whether or not the accused was the source of semen or injury;9
provided that such evidence is limited to a period not to exceed seventy-two hours10
prior to the time of the offense, and further provided that the jury be instructed at the11
time and in its final charge regarding the limited purpose for which the evidence is12
admitted; or13
(2)(b) Evidence of past sexual behavior with the accused offered by the14
accused upon the issue of whether or not the victim consented to the sexually15
assaultive behavior.16
B.(1) Opinion and reputation evidence; trafficking.  When an accused is17
charged with a crime involving human trafficking or trafficking of children for18
sexual purposes, reputation or opinion evidence of the past sexual behavior of the19
victim is not admissible.20
(2) Evidence of specific instances of the victim's past sexual behavior is not21
admissible unless the evidence is offered by the prosecution in a criminal case to22
prove a pattern of trafficking activity by the defendant.23
C. Motion.  (1) Before the person, accused of committing a crime that24
involves sexually assaultive behavior, human trafficking, or trafficking of children25
for sexual purposes, may offer under Paragraph B Subparagraph (A)(2) or (B)(2) of26
this Article evidence of specific instances of the victim's past sexual behavior, the27
accused shall make a written motion in camera to offer such evidence. The motion28 HLS 14RS-12	REENGROSSED
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shall be accompanied by a written statement of evidence setting forth the names and1
addresses of persons to be called as witnesses.2
*          *          *3
E. Hearing.  (1) If the court determines that the statement of evidence4
contains evidence described in Paragraph B Subparagraph (A)(2) or (B)(2), the court5
shall order a hearing which shall be closed to determine if such evidence is6
admissible.  At such hearing the parties may call witnesses.7
*          *          *8
Art. 412.3.  Statements made by victims of trafficking during investigations9
If a victim of human trafficking or trafficking of children for sexual purposes10
is also a defendant in any case arising from unlawful acts committed as part of the11
same trafficking activity, any inculpatory statement made by the victim as a result12
of questioning by any person then known by the victim to be a law enforcement13
officer is inadmissible against the victim, except pursuant to Article 801 of this Code14
or in any prosecution of the victim for perjury, at a trial of the victim for the15
unlawful acts committed by the victim as part of the same trafficking activity if all16
of the following conditions exist:17
(1) The victim cooperates with the investigation and prosecution, including18
the giving of a use-immunity statement as directed by the prosecuting attorney.19
(2) The victim testifies truthfully at any hearing or trial related to the20
trafficking activity, or agrees, either in writing or on the record, to testify truthfully21
at any hearing or trial related to the trafficking activity in any prosecution of any22
other person charged with an offense arising from the same trafficking activity,23
regardless of whether the testimony is unnecessary due to entry of a plea by the other24
person.25
(3) The victim has agreed in writing to receive services or participate in a26
program that provides services to victims of human trafficking or trafficking of27
children for sexual purposes, if such services are available.28 HLS 14RS-12	REENGROSSED
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Section 6. Code of Criminal Procedure Articles 851 and 853 are hereby amended1
and reenacted and Code of Criminal Procedure Article 855.1 is hereby enacted to read as2
follows:3
Art. 851.  Grounds for new trial4
A. The motion for a new trial is based on the supposition that injustice has5
been done the defendant, and, unless such is shown to have been the case the motion6
shall be denied, no matter upon what allegations it is grounded.7
B. The court, on motion of the defendant, shall grant a new trial whenever8
any of the following occur:9
(1)  The verdict is contrary to the law and the evidence	;.10
(2)  The court's ruling on a written motion, or an objection made during the11
proceedings, shows prejudicial error;.12
(3) New and material evidence that, notwithstanding the exercise of13
reasonable diligence by the defendant, was not discovered before or during the trial,14
is available, and if the evidence had been introduced at the trial it would probably15
have changed the verdict or judgment of guilty;.16
(4) The defendant has discovered, since the verdict or judgment of guilty, a17
prejudicial error or defect in the proceedings that, notwithstanding the exercise of18
reasonable diligence by the defendant, was not discovered before the verdict or19
judgment; or.20
(5) The court is of the opinion that the ends of justice would be served by the21
granting of a new trial, although the defendant may not be entitled to a new trial as22
a matter of strict legal right.23
(6) The defendant is a victim of human trafficking or trafficking of children24
for sexual purposes and the acts for which the defendant was convicted were25
committed by the defendant as a direct result of being a victim of the trafficking26
activity.27
*          *          *28 HLS 14RS-12	REENGROSSED
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Art. 853.  Time for filing motion for new trial 1
A. A Except as otherwise provided by this Article, a motion for a new trial2
must be filed and disposed of before sentence. The court, on motion of the defendant3
and for good cause shown, may postpone the imposition of sentence for a specified4
period in order to give the defendant additional time to prepare and file a motion for5
a new trial.6
B. When the motion for a new trial is based on ground (3) of Article 8517
Article 851(B)(3), the motion may be filed within one year after verdict or judgment8
of the trial court, although a sentence has been imposed or a motion for a new trial9
has been previously filed; but. However, if an appeal is pending, the court may hear10
the motion only on remand of the case.11
C. When the motion for a new trial is based on Article 851(B)(6), the motion12
may be filed within three years after the verdict or judgment of the trial court,13
although a sentence has been imposed or a motion for new trial has been previously14
filed. However, if an appeal is pending, the court may hear the motion only on15
remand of the case.16
*          *          *17
Art. 855.1.  Conviction based on acts committed as a victim of trafficking18
A motion for new trial based on Article 851(B)(6) shall be available only to19
persons convicted of violating R.S. 14:82, 83.3, 83.4, 89, or 89.2 prior to August 1,20
2014, and shall contain allegations of fact sworn to by the defendant or counsel of21
the defendant, showing that the defendant was convicted of the offense which was22
committed as a direct result of being a victim of human trafficking or trafficking of23
children for sexual purposes, or a victim of an offense which would constitute human24
trafficking or trafficking of children for sexual purposes regardless of the date of25
conviction.  The motion shall provide information showing a rational and causal26
connection between the acts for which the defendant was convicted and the acts upon27
which the defendant bases his status as a victim.28 HLS 14RS-12	REENGROSSED
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Section 7. Children's Code Articles 603(2)(b) and (c) and 725.2 are hereby amended1
and reenacted and Children's Code Article 603(9.1) is hereby enacted to read as follows:2
Art. 603.  Definitions3
As used in this Title:4
*          *          *5
(2)  "Abuse" means any one of the following acts which seriously endanger6
the physical, mental, or emotional health and safety of the child:7
*          *          *8
(b) The exploitation or overwork of a child by a parent or any other person	,9
including but not limited to commercial sexual exploitation of the child.10
(c) The involvement of the child in any sexual act with a parent or any other11
person, or the aiding or toleration by the parent, or the caretaker, or any other person12
of the child's sexual involvement in any of the following:13
(i) Any sexual act with any other person. or of the child's involvement in14
pornographic15
(ii)  Pornographic displays , or any other involvement of a child in.16
(iii)  Any sexual activity constituting a crime under the laws of this state.17
*          *          *18
(9.1) "Commercial sexual exploitation" means involvement of the child19
activity prohibited by the following statutes: R.S. 14:46.2, 46.3, 81.1, 81.3, 82, 82.1,20
82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.21
*          *          *22
Art. 725.2.  Safe house for sexually exploited children23
A. The department may, to the extent funds are available, operate or contract24
with an appropriate nongovernmental agency with experience working with sexually25
exploited children to operate one or more safe houses in a geographically appropriate26
area of the state. Each safe house shall provide safe and secure housing and27
specialized services for sexually exploited children. Nothing in this Article shall be28
construed to preclude an agency from applying for and accepting grants, gifts, and29 HLS 14RS-12	REENGROSSED
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bequests for funds from private individuals, foundations, and the federal government1
for the purpose of creating or carrying out the duties of a safe house for sexually2
exploited children.3
B. Each safe house operating under a contract with the department to provide4
services to sexually exploited children pursuant to the provisions of this Article shall5
submit to the department an annual report on their operations including information6
on the services offered, geographic areas served, number of children served, and7
individual status updates on each child served. This information shall not include8
the name, address, or other identifying information of the child served.  The9
department shall compile the data from all the reports submitted by each safe house10
pursuant to the provisions of this Article and shall provide this information in an11
annual report to the legislature on or before the first day of February each year.12
Section 8.  Children's Code Article 606(A)(7) is hereby enacted to read as follows:13
Art. 606.  Grounds; child in need of care14
A. Allegations that a child is in need of care must assert one or more of the15
following grounds:16
*          *          *17
(7) The child is a victim of commercial sexual exploitation, human18
trafficking, or trafficking of children for sexual purposes perpetrated by any person19
regardless of their relationship to the child.20
*          *          *21
Section 9. The provisions of Section 8 of this Act shall become effective when a22
child, who is a victim of commercial sexual exploitation, human trafficking, or trafficking23
of children for sexual purposes perpetrated by someone other than a parent or caretaker,24
becomes an eligible victim for which federal match funds are available through Title IV-E25
of 47 U.S.C. 672.26 HLS 14RS-12	REENGROSSED
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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.
Present law provides for the confidentiality of the identity of victims of certain sex offenses
and minor victims.
Present law authorizes the filing of a motion for new trial under certain conditions.
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 certain offenses committed by the
victim as a direct result of being trafficked and requires any person seeking to raise
the defense to provide notice to the state at least 45 days prior to trial. HLS 14RS-12	REENGROSSED
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(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 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.
(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 of
statements made by these victims during the course of an investigation.
(16)Authorizes the filing of a motion for new trial within three years of a verdict or
judgment 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 HLS 14RS-12	REENGROSSED
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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)(3) 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(2)(o), (12)(b), (24)(a), and (25)(c) - (n), 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), C.Cr.P. Arts. 851 and 853, and Ch.C. Arts. 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),
81.3(A)(4), 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(2)(p) and (q),
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.
855.1, and Ch.C. Art. 603(9.1) and 606(A)(7); Repeals R.S. 15:541(25)(o))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended the definition of "coerce" to provide that it shall include but not be
limited to the list of examples provided in present and proposed law.
2. Amended the affirmative defense for adult victims of trafficking to provide that
the defense only applies to certain offenses and that person must give notice to
the state at least 45 days prior to trial of the intention to raise the defense.
3. Deleted the changes in proposed law to the elements of the crime of computer-
aided solicitation of a minor.
4. Added as an element of the offense of purchase of commercial sexual activity
that the offender engage in the activity with a person the offender knew to be
under the age of 18 or knew to be a victim of human trafficking.
5. Added a provision to the offense of purchase of commercial sexual activity
which states that it shall not be a defense to prosecution that the person whom the
offender seeks to purchase the sexual activity from is actually a law enforcement
officer or peace officer acting in the official scope of his duties. HLS 14RS-12	REENGROSSED
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6. Amended sex offender registration and notification provisions for commercial
sexual exploitation offenses that require registration and notification pursuant to
present law and places the proposed law crime of purchase of commercial sexual
activity into the definition of "sex offense" and "aggravated offense" when the
offense involves a person who is under the age of 18 or a victim of human
trafficking.
7. Amended the proposed law provision regarding the admissibility of inculpatory
statements made by victims of human trafficking. 
8. Removed the proposed law motion to vacate provisions regarding a conviction
for victims of trafficking, and amended the present law provisions regarding
motion for new trial to add as a ground for such motion that the defendant was
a victim of trafficking at the time of the offense and for that reason committed
the offense.