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ACT No. 564
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, HOLLI S,
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, WHITNEY, PATRICK WILLIAMS,
WILLMOTT, AND WOODRUFF AND SENATORS ALARIO, ALLAIN, APPEL,
BROOME, BUFFINGTON, CORTEZ, CROWE, DORSEY-COLOMB, ERDEY,
GUILLORY, JOHNS, KOSTELKA, LAFLEUR, LONG, MILLS, MURRAY,
NEVERS, PEACOCK, PERRY, RISER, GARY SMITH, TARVER, THOMPSON,
WALSWORTH, WARD, AND WHI TE
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
and (q), 1308(A)(2)(s), and 1352(A)(52), (53), (54), (55), (56), (57), (58), (59), (60),13
(61), and (62), R.S. 40:2405.7, R.S. 46:1805(B)(3), 2161(C), and 2161.1, Code of14 ENROLLEDHB NO. 1025
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Evidence Article 412.3, Code of Criminal Procedure Article 855.1, and Children's1
Code Articles 603(9.1) and 606(A)(7), and to repeal R.S. 15:541(25)(o), relative to2
human trafficking, trafficking of children for sexual purposes, and commercial3
sexual exploitation; to provide relative to the crimes of human trafficking and4
trafficking of children for sexual purposes; to provide relative to crimes involving5
the commercial sexual exploitation of persons; to create the crime of unlawful6
purchase of commercial sexual activity; to provide penalties for the offense; to7
require certain persons convicted of the offense to register and provide notification8
as a sex offender; to amend provisions relative to the registration and notification9
requirements for persons convicted of certain offenses involving commercial sexual10
exploitation; to clarify the definition of "coercion" relative to human trafficking,11
pornography involving juveniles, and computer-aided solicitation of a minor; to12
expand the definition of human trafficking and trafficking of children for sexual13
purposes; to provide relative to the confidentiality of victims of human trafficking-14
related offense; to provide relative to the admissibility of evidence of the past sexual15
behavior of a victim of human trafficking or trafficking of children for sexual16
purposes; to provide relative to statements made by a victim of human trafficking or17
trafficking of children for sexual purposes during the course of an investigation; to18
authorize victims of trafficking to file a motion for a new trial for certain offenses;19
to provide relative to a victim's access to and eligibility for services; to expand20
eligibility for services to certain child victims; to provide for a special effective date21
for such expansion; to require private service providers who contract with the state22
to provide annual reports on their operations; to provide relative to victims of23
trafficking referred to the Department of Children and Family Services; to expand24
the definition of "racketeering activity" to include certain offenses involving25
commercial sexual exploitation; to provide for an affirmative defense to prosecution26
for victims of human trafficking; to provide that such victims are eligible for27
services; to expand the crime of computer-aided solicitation of a minor to include28
soliciting the person to engage in commercial sexual activity; to clarify the definition29
of "victim" for purposes of victim's reparations; to authorize the interception of wire,30 ENROLLEDHB NO. 1025
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electronic, or oral communications in investigations of offenses involving1
commercial sexual exploitation; to provide relative to the forfeiture of assets used2
in the commission of certain trafficking-related offenses; to provide relative to the3
uses of monies deposited into the Exploited Children's Special Fund; to provide for4
law enforcement training; to require mandatory restitution for persons convicted of5
certain offenses involving commercial sexual exploitation; to authorize the6
establishment of certain diversion programs; to provide relative to the monies7
collected from such programs; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:46.2(A)(1), (C)(2), and (D), 46.3(A)(1), (C)(3), and (E),10
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),11
89(C), and 89.2(D)(1) are hereby amended and reenacted and R.S. 14:46.2(C)(3) and (4) and12
(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),13
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 hereby14
enacted to read as follows:15
§46.2. Human trafficking16
A. It shall be unlawful:17
(1) For any person to knowingly recruit, harbor, transport, provide, solicit,18
receive, isolate, entice, obtain, or maintain the use of another person through fraud,19
force, or coercion to provide services or labor.20
* * *21
C. For purposes of this Section:22
* * *23
(2) "Debt bondage" means inducing an individual to provide any of the24
following:25
(a) Commercial sexual activity in payment toward or satisfaction of a real26
or purported debt.27
(b) Labor or services in payment toward or satisfaction of a real or purported28
debt if either of the following occur:29 ENROLLEDHB NO. 1025
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(i) The reasonable value of the labor or services provided is not applied1
toward the liquidation of the debt.2
(ii) The length of the labor or services is not limited and the nature of the3
labor or services is not defined.4
(2)(3) "Fraud, force, or coercion" means shall include but not be limited to5
any of the following:6
(a) Causing or threatening to cause serious bodily injury ;.7
(b) Physically restraining or threatening to physically restrain another8
person;.9
(c) Abduction or threatened abduction of an individual.10
(d) The use of a plan, pattern, or statement with intent to cause an individual11
to believe that failure to perform an act will result in the use of force against,12
abduction of, serious harm to, or physical restraint of an individual.13
(e) The abuse or threatened abuse of law or legal process.14
(c)(f) Intentionally destroying, concealing, removing, confiscating, or15
possessing 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
or.19
(g) Controlling or threatening to control an individual's access to a controlled20
dangerous substance as set forth in R.S. 40:961 et seq.21
(h) The use of an individual's physical or mental impairment, where such22
impairment has substantial adverse effects on the individual's cognitive or volitional23
functions.24
(i) The use of debt bondage or civil or criminal fraud.25
(d)(j) Extortion as defined in R.S. 14:66.26
(4) "Labor or services" means activity having an economic value.27
D. It shall not be a defense to prosecution for a violation of this Section that28
the person being recruited, harbored, transported, provided, solicited, received,29 ENROLLEDHB NO. 1025
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isolated, enticed, obtained, or maintained is actually a law enforcement officer or1
peace officer acting within the official scope of his duties.2
* * *3
F.(1) A victim of trafficking involving services that include commercial4
sexual activity or any sexual contact which constitutes a crime pursuant to the laws5
of this state shall have an affirmative defense to prosecution for any of the following6
offenses which were committed as a direct result of being trafficked:7
(a) R.S. 14:82 (Prostitution)8
(b) R.S. 14:83.3 (Prostitution by massage)9
(c) R.S. 14:83.4 (Massage; sexual conduct prohibited)10
(d) R.S. 14:89 (Crime against nature)11
(e) R.S. 14:89.2 (Crime against nature by solicitation)12
(2) Any person seeking to raise this affirmative defense shall provide written13
notice to the state at least forty-five days prior to trial or at an earlier time as14
otherwise required by the court.15
(3) Any person determined to be a victim pursuant to the provisions of this16
Subsection shall be notified of any treatment or specialized services for sexually17
exploited persons to the extent that such services are available.18
§46.3. Trafficking of children for sexual purposes19
A. It shall be unlawful:20
(1) For any person to knowingly recruit, harbor, transport, provide, sell,21
purchase, receive, isolate, entice, obtain, or maintain the use of a person under the22
age of eighteen years for the purpose of engaging in commercial sexual activity.23
* * *24
C.25
* * *26 ENROLLEDHB NO. 1025
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(3) It shall not be a defense to prosecution for a violation of this Section that1
the person being recruited, harbored, transported, provided, sold, purchased,2
received, isolated, enticed, obtained, or maintained is actually a law enforcement3
officer or peace officer acting within the official scope of his duties.4
* * *5
E. No victim of trafficking as defined provided by the provisions of this6
Section shall be prosecuted for unlawful acts committed as a direct result of being7
trafficked. Any child determined to be a victim pursuant to the provisions of this8
Subsection shall be eligible for specialized services for sexually exploited children.9
* * *10
§81.1. Pornography involving juveniles11
* * *12
B. For purposes of this Section, the following definitions shall apply:13
* * *14
(3) "Coerce" shall include but not be limited to any of the following:15
(a) Causing or threatening to cause serious bodily injury.16
(b) Physically restraining or threatening to physically restrain another17
person.18
(c) Abduction or threatened abduction of an individual.19
(d) The use of a plan, pattern, or statement with intent to cause an individual20
to believe that failure to perform an act will result in the use of force against,21
abduction of, serious harm to, or physical restraint of an individual.22
(e) The abuse or threatened abuse of law or legal process.23
(f) The actual or threatened destruction, concealment, removal, confiscation,24
or possession of any actual or purported passport or other immigration document, or25
any other actual or purported government identification document, of another person.26
(g) Controlling or threatening to control an individual's access to a controlled27
dangerous substance as set forth in R.S. 40:961 et seq.28 ENROLLEDHB NO. 1025
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(h) The use of an individual's physical or mental impairment, where such1
impairment has substantial adverse effects on the individual's cognitive or volitional2
functions.3
(i) The use of debt bondage or civil or criminal fraud.4
(j) Extortion as defined in R.S. 14:66.5
(4) "Debt bondage" means inducing an individual to provide any of the6
following:7
(a) Commercial sexual activity in payment toward or satisfaction of a real8
or purported debt.9
(b) Labor or services in payment toward or satisfaction of a real or purported10
debt if either of the following occur:11
(i) The reasonable value of the labor or services provided is not applied12
toward the liquidation of the debt.13
(ii) The length of the labor or services is not limited and the nature of the14
labor or services is not defined.15
(3)(5) "Distribute" means to issue, sell, give, provide, lend, mail, deliver,16
transfer, transmute, distribute, circulate, or disseminate by any means.17
(4)(6) "Interactive computer service" means any information service, system,18
or access software provider that provides or enables computer access by multiple19
users to a computer server, including a service or system that provides access to the20
Internet and such systems operated or services offered by libraries or educational21
institutions.22
(7) "Labor or services" mean activity having economic value.23
(5)(8) "Pornography involving juveniles" is any photograph, videotape, film,24
or other reproduction, whether electronic or otherwise, of any sexual performance25
involving a child under the age of seventeen.26
(6)(9) "Produce" means to photograph, videotape, film, or otherwise27
reproduce pornography involving juveniles, or to solicit, promote, or coerce any28
child for the purpose of pornography involving juveniles.29 ENROLLEDHB NO. 1025
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(7)(10) "Sexual performance" means any performance or part thereof that1
includes actual or simulated sexual intercourse, deviate sexual intercourse, sexual2
bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals3
or anus.4
(8)(11) "Telecommunications service" means the offering of5
telecommunications for a fee directly to the public, regardless of the facilities used.6
* * *7
§81.3. Computer-aided solicitation of a minor8
A.9
* * *10
(3) It shall also be a violation of the provisions of this Section when a person11
seventeen years of age or older knowingly contacts or communicates, through the12
use of electronic textual communication, with a person who has not yet attained the13
age of seventeen, or a person reasonably believed to have not yet attained the age of14
seventeen, for the purpose of recruiting, enticing, or coercing the person to engage15
in commercial sexual activity.16
(3)(4) It shall also be a violation of the provisions of this Section when the17
contact or communication is initially made through the use of electronic textual18
communication and subsequent communication is made through the use of any other19
form of communication.20
* * *21
D. For purposes of this Section, the following words have the following22
meanings:23
(1) "Coerce"shall include but not be limited to any of the following:24
(a) Causing or threatening to cause serious bodily injury.25
(b) Physically restraining or threatening to physically restrain another26
person.27
(c) Abduction or threatened abduction of an individual.28 ENROLLEDHB NO. 1025
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(d) The use of a plan, pattern, or statement with intent to cause an individual1
to believe that failure to perform an act will result in the use of force against,2
abduction of, serious harm to, or physical restraint of an individual.3
(e) The abuse or threatened abuse of law or legal process.4
(f) The actual or threatened destruction, concealment, removal, confiscation,5
or possession of any actual or purported passport or other immigration document, or6
any other actual or purported government identification document, of another person.7
(g) Controlling or threatening to control an individual's access to a controlled8
dangerous substance as set forth in R.S. 40:961 et seq.9
(h) The use of an individual's physical or mental impairment, where such10
impairment has substantial adverse effects on the individual's cognitive or volitional11
functions.12
(i) The use of debt bondage or civil or criminal fraud.13
(j) Extortion as defined in R.S. 14:66.14
(2) "Debt bondage" means inducing an individual to provide any of the15
following:16
(a) Commercial sexual activity in payment toward or satisfaction of a real17
or purported debt.18
(b) Labor or services in payment toward or satisfaction of a real or purported19
debt if either of the following occur:20
(i) The reasonable value of the labor or services provided is not applied21
toward the liquidation of the debt.22
(ii) The length of the labor or services is not limited and the nature of the23
labor or services is not defined.24
(1)(3) "Electronic textual communication" means a textual communication25
made through the use of a computer on-line service, Internet service, or any other26
means of electronic communication, including but not limited to a local bulletin27
board service, Internet chat room, electronic mail, or on-line messaging service.28
(4) "Labor or services" means activity having economic value.29 ENROLLEDHB NO. 1025
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(2)(5) "Sexual conduct" means actual or simulated sexual intercourse,1
deviant sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse,2
lewd exhibition of the genitals, or any lewd or lascivious act.3
* * *4
§82. Prostitution; definition; penalties; enhancement5
* * *6
G.(1) It shall be an affirmative defense to prosecution for a violation of this7
Section that, during the time of the alleged commission of the offense, the defendant8
was a victim of trafficking of children for sexual purposes as provided in R.S.9
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this10
Paragraph shall be eligible for specialized services for sexually exploited children.11
(2) It shall be an affirmative defense to prosecution for a violation of this12
Section that, during the time of the alleged commission of the offense, the defendant13
is determined to be a victim of human trafficking pursuant to the provisions of R.S.14
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this15
Paragraph shall be notified of any treatment or specialized services for sexually16
exploited persons to the extent that such services are available.17
§82.1. Prostitution; persons under eighteen; additional offenses18
* * *19
D.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 ENROLLEDHB NO. 1025
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victim that are recorded on paper, film, video tape, disc, or any other type of digital1
recording media.2
* * *3
F. Any person determined to be a victim of this offense shall be eligible for4
specialized services for sexually exploited children.5
§82.2. Purchase of commercial sexual activity; penalties6
A. It shall be unlawful for any person to knowingly give, agree to give, or7
offer to give anything of value to another in order to engage in sexual intercourse8
with a person who receives or agrees to receive anything of value as compensation9
for such activity.10
B. For purposes of this Section, "sexual intercourse" means anal, oral, or11
vaginal intercourse or any other sexual activity constituting a crime pursuant to the12
laws of this state.13
C.(1) Whoever violates the provisions of this Section shall be fined not more14
than five hundred dollars or be imprisoned for not more than six months, or both.15
(2) On a second conviction, the offender shall be fined not less than two16
hundred fifty dollars nor more than two thousand dollars or be imprisoned, with or17
without hard labor, for not more than two years, or both.18
(3) On a third and subsequent conviction, the offender shall be imprisoned,19
with or without hard labor, for not less than two nor more than four years and shall20
be fined not less than five hundred dollars nor more than four thousand dollars.21
(4) Whoever violates the provisions of this Section with a person the22
offender knows to be under the age of eighteen years, or with a person the offender23
knows to be a victim of human trafficking as defined by R.S. 14:46.2 or trafficking24
of children for sexual purposes as defined by R.S. 14:46.3, shall be fined not more25
than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years26
nor more than fifty years, or both.27
(5) Whoever violates the provisions of this Section with a person the28
offender knows to be under the age of fourteen years shall be fined not more than29 ENROLLEDHB NO. 1025
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seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five1
years nor more than fifty years, or both.2
D.(1) Any child under the age of eighteen determined to be a victim of this3
offense shall be eligible for specialized services for sexually exploited children.4
(2) Any person, eighteen years of age or older, determined to be a victim of5
this offense shall be notified of any treatment or specialized services for sexually6
exploited persons to the extent that such services are available.7
E. It shall not be a defense to prosecution for a violation of this Section that8
the person who receives or agrees to receive anything of value is actually a law9
enforcement officer or peace officer acting within the official scope of his duties.10
§83. Soliciting for prostitutes11
* * *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
§83.1. Inciting prostitution25
* * *26
B.27
* * *28
(4)(a) In addition, the court shall order that the personal property used in the29
commission of the offense shall be seized and impounded, and after conviction, sold30 ENROLLEDHB NO. 1025
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at public sale or public auction by the district attorney in accordance with R.S.1
15:539.1.2
(b) The personal property made subject to seizure and sale pursuant to3
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic4
communication devices, computers, computer-related equipment, motor vehicles,5
photographic equipment used to record or create still or moving visual images of the6
victim that are recorded on paper, film, video tape, disc, or any other type of digital7
recording media.8
§83.2. Promoting prostitution9
* * *10
B.11
* * *12
(4)(a) In addition, the court shall order that the personal property used in the13
commission of the offense shall be seized and impounded, and after conviction, sold14
at public sale or public auction by the district attorney in accordance with R.S.15
15:539.1.16
(b) The personal property made subject to seizure and sale pursuant to17
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic18
communication devices, computers, computer-related equipment, motor vehicles,19
photographic equipment used to record or create still or moving visual images of the20
victim that are recorded on paper, film, video tape, disc, or any other type of digital21
recording media.22
§83.3. Prostitution by massage23
* * *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
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this28
Paragraph shall be eligible for specialized services for sexually exploited children.29 ENROLLEDHB NO. 1025
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(2) It shall be an affirmative defense to prosecution for a violation of this1
Section that, during the time of the alleged commission of the offense, the defendant2
is determined to be a victim of human trafficking pursuant to the provisions of R.S.3
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this4
Paragraph shall be notified of any treatment or specialized services for sexually5
exploited persons to the extent that such services are available.6
§83.4. Massage; sexual conduct prohibited 7
* * *8
C.(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
is determined to be a victim of human trafficking pursuant to the provisions of R.S.16
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this17
Paragraph shall be notified of any treatment or specialized services for sexually18
exploited persons to the extent that such services are available.19
§84. Pandering20
* * *21
B.22
* * *23
(4)(a) In addition, the court shall order that the personal property used in the24
commission of the offense shall be seized and impounded, and after conviction, sold25
at public sale or public auction by the district attorney in accordance with R.S.26
15:539.1.27
(b) The personal property made subject to seizure and sale pursuant to28
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic29
communication devices, computers, computer-related equipment, motor vehicles,30 ENROLLEDHB NO. 1025
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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
§85. Letting premises for 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
§86. Enticing persons into prostitution18
* * *19
C.(1) It shall not be a defense to prosecution for a violation of this Section20
that the person being enticed is actually a law enforcement officer or peace officer21
acting in his official capacity.22
(2) It shall not be a defense to prosecution for a violation of this Section that23
the person being enticed consented to the activity.24
* * *25
§89. Crime against nature26
* * *27
C.(1) It shall be an affirmative defense to prosecution for a violation of this28
Section that, during the time of the alleged commission of the offense, the defendant29
was a victim of trafficking of children for sexual purposes as provided in R.S.30 ENROLLEDHB NO. 1025
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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
(2) It shall be an affirmative defense to prosecution for a violation of this3
Section that, during the time of the alleged commission of the offense, the defendant4
is determined to be a victim of human trafficking pursuant to the provisions of R.S.5
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this6
Paragraph shall be notified of any treatment or specialized services for sexually7
exploited persons to the extent that such services are available.8
* * *9
§89.2. Crime against nature by solicitation10
* * *11
D.(1) It shall be an affirmative defense to prosecution for a violation of this12
Section that, during the time of the alleged commission of the offense, the defendant13
was a victim of trafficking of children for sexual purposes as provided in R.S.14
14:46.3(E). Any child determined to be a victim pursuant to the provisions of this15
Paragraph shall be eligible for specialized services for sexually exploited children.16
* * *17
(5) 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
is determined to be a victim of human trafficking pursuant to the provisions of R.S.20
14:46.2(F). Any person determined to be a victim pursuant to the provisions of this21
Paragraph shall be notified of any treatment or specialized services for sexually22
exploited persons to the extent that such services are available.23
* * *24
§104. Keeping a disorderly place25
* * *26
B.27
* * *28
(4)(a) In addition, the court shall order that the personal property used in the29
commission of the offense shall be seized and impounded, and after conviction, sold30 ENROLLEDHB NO. 1025
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at public sale or public auction by the district attorney in accordance with R.S.1
15:539.1.2
(b) The personal property made subject to seizure and sale pursuant to3
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic4
communication devices, computers, computer-related equipment, motor vehicles,5
photographic equipment used to record or create still or moving visual images of the6
victim that are recorded on paper, film, video tape, disc, or any other type of digital7
recording media.8
§105. Letting a disorderly place9
* * *10
B.11
* * *12
(4)(a) In addition, the court shall order that the personal property used in the13
commission of the offense shall be seized and impounded, and after conviction, sold14
at public sale or public auction by the district attorney in accordance with R.S.15
15:539.1.16
(b) The personal property made subject to seizure and sale pursuant to17
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic18
communication devices, computers, computer-related equipment, motor vehicles,19
photographic equipment used to record or create still or moving visual images of the20
victim that are recorded on paper, film, video tape, disc, or any other type of digital21
recording media.22
* * *23
§282. Operation of places of prostitution prohibited; penalty24
* * *25
B.26
* * *27
(4)(a) In addition, the court shall order that the personal property used in the28
commission of the offense shall be seized and impounded, and after conviction, sold29 ENROLLEDHB NO. 1025
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at public sale or public auction by the district attorney in accordance with R.S.1
15:539.1.2
(b) The personal property made subject to seizure and sale pursuant to3
Subparagraph (a) of this Paragraph may include but shall not be limited to electronic4
communication devices, computers, computer-related equipment, motor vehicles,5
photographic equipment used to record or create still or moving visual images of the6
victim that are recorded on paper, film, video tape, disc, or any other type of digital7
recording media.8
Section 2. R.S. 15:539.1(A) and (E)(introductory paragraph), 539.2(B),9
539.3(A)(introductory paragraph), 541(2)(o), (12)(b), (24)(a), and (25)(c) through (n), and10
1352(A)(introductory paragraph) are hereby amended and reenacted and R.S. 15:243,11
541(2)(p) and (q), 1308(A)(2)(s), and 1352(A)(52), (53), (54), (55), (56), (57), (58), (59),12
(60), (61), and (62) are hereby enacted to read as follows:13
§243. Diversion program for defendants engaged in the purchase of sexual activity14
A. The district attorney for each judicial district, alone or in conjunction with15
the district attorney of an adjacent judicial district, may create and administer a16
diversion program for defendants charged with an offense in which the defendant17
engaged in the purchase of sexual activity unless the offense involves the purchase18
of sexual activity from a minor.19
B. At the discretion of the district attorney, after any costs associated with20
the administration of the program are paid, a portion of all monies collected pursuant21
to the provisions of this Section may be distributed to entities within their judicial22
district, or within the judicial districts participating in the program, that provide23
rehabilitative services and treatment to victims of offenses involving human24
trafficking and trafficking of children for sexual purposes.25
* * *26
§539.1. Forfeited property related to certain sex crimes; exempt property; allocation27
of forfeited property28
A. When personal property is forfeited under the provisions of R.S. 14:40.329
(cyberstalking), R.S. 14:46.2 (human trafficking), R.S. 14:46.3 (trafficking of30 ENROLLEDHB NO. 1025
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children for sexual purposes), R.S. 14:80 (felony carnal knowledge of a juvenile),1
R.S. 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
14:82.1 (prostitution; persons under eighteen; additional offenses), R.S. 14:835
(soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.26
(promoting prostitution), R.S. 14:84 (pandering), R.S. 14:85 (letting premises for7
prostitution), and R.S. 14:86 (enticing persons into prostitution), R.S. 14:1048
(keeping a disorderly place), R.S. 14:105 (letting a disorderly place), and R.S. 14:2829
(operation of places of prostitution; prohibited; penalty), the district attorney shall10
authorize a public sale or a public auction conducted by a licensed auctioneer,11
without appraisal, of that which is not required by law to be destroyed and which is12
not harmful to the public.13
* * *14
E. Notwithstanding Subsection D of this Section, when the property to be is15
forfeited is related to human trafficking under pursuant to the provisions of R.S.16
14:46.2 or trafficking of children for sexual purposes under (human trafficking), R.S.17
14:46.3 (trafficking of children for sexual purposes), R.S. 14:81.1 (pornography18
involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.19
14:82.1 (prostitution; persons under eighteen; additional offenses), R.S. 14:8320
(soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.221
(promoting prostitution), R.S. 14:84 (pandering), R.S. 14:85 (letting premises for22
prostitution), R.S. 14:86 (enticing persons into prostitution), R.S. 14:104 (keeping23
a disorderly place), R.S. 14:105 (letting a disorderly place), and R.S. 14:28224
(operation of places of prostitution), the proceeds of the public sale or public auction25
shall be applied first to any restitution granted to the victim, after the costs of the26
public sale or auction, court costs, and fees related to seizure and storage have been27
satisfied. Any remaining proceeds shall be distributed in the following manner:28
* * *29 ENROLLEDHB NO. 1025
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§539.2. Exploited Children's Special Fund1
* * *2
B.(1) There is established in the state treasury the Exploited Children's3
Special Fund, hereinafter referred to as the "fund". Appropriations by the legislature4
and all monetary assessments paid and interest accrued on funds collected pursuant5
to Subsection A of this Section shall be deposited into the Bond Security and6
Redemption Fund, and after a sufficient amount is allocated from the Bond Security7
and Redemption Fund to pay all the obligations secured by the full faith and credit8
of the state which become due and payable within any fiscal year, the treasurer shall9
pay the remainder of such monies into the fund.10
(2)(a) Subject to appropriation by the legislature and except as provided in11
Subparagraph (b) of this Paragraph, monies in the fund shall be used for the12
provision of services and treatment administered by the Department of Children and13
Family Services, such as securing residential housing, health services, and social14
services, to sexually exploited children and adults. The department may also use the15
funds for grants or to provide services for sexually exploited children and adults.16
(b) Subject to appropriation by the legislature and notwithstanding the17
provisions of Subparagraph (a) of this Paragraph, a portion of the monies in the fund,18
not to exceed fifty percent, may be used for the development of training programs19
relative to human trafficking and trafficking of children for sexual purposes and for20
the providing of law enforcement training programs administered by the Council of21
Peace Officer Standards and Training within the Louisiana Commission on Law22
Enforcement and the Administration of Criminal Justice.23
§539.3. Mandatory restitution24
A. A person convicted of a violation of R.S. 14:46.2 (human trafficking), or25
R.S. 14:46.3 (trafficking of children for sexual purposes), R.S. 14:81.1 (pornography26
involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.27
14:82.1 (prostitution; persons under eighteen; additional offenses), R.S. 14:8328
(soliciting for prostitutes), R.S. 14:83.1 (inciting prostitution), R.S. 14:83.229
(promoting prostitution), R.S. 14:84 (pandering), R.S. 14:86 (enticing persons into30 ENROLLEDHB NO. 1025
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prostitution), R.S. 14:104 (keeping a disorderly place), R.S. 14:105 (letting a1
disorderly place), and R.S. 14:282 (operation of places of prostitution) shall be2
ordered to pay mandatory restitution to the victim, with the proceeds from property3
forfeited under R.S. 15:539.1 applied first to payment of restitution, after the costs4
of the public sale or auction, court costs, and fees related to seizure and storage have5
been satisfied. Restitution under this Section shall include any of the following:6
* * *7
§541. Definitions8
For the purposes of this Chapter, the definitions of terms in this Section shall9
apply:10
* * *11
(2) "Aggravated offense" means a conviction for the perpetration or12
attempted perpetration of, or conspiracy to commit, any of the following:13
* * *14
(o) Human trafficking (R.S. 14:46.2) when the trafficking involves a person15
under the age of eighteen years or when the services include commercial sexual16
activity or any sexual conduct constituting a crime under the laws of this state.17
(p) Purchase of commercial sexual activity with a person under the age of18
eighteen years or with a victim of human trafficking (R.S. 14:82.2(C)(4) and (5)).19
(o)(q) Any offense under the laws of another state, or military, territorial,20
foreign, tribal, or federal law which is equivalent to the offenses listed in21
Subparagraphs (a) through (n)(p) of this Paragraph.22
* * *23
(12) "Criminal offense against a victim who is a minor" for the purposes of24
this Chapter means conviction for the perpetration or attempted perpetration of or25
conspiracy to commit any of the following offenses:26
* * *27 ENROLLEDHB NO. 1025
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(b) A violation of any of the following provisions when the victim is under1
eighteen years of age: R.S. 14:46.2, 82.1, 84(1), (3), (5), or (6), or 86, or R.S.2
23:251(A)(4).3
* * *4
(24)(a) "Sex offense" means deferred adjudication, adjudication withheld,5
or conviction for the perpetration or attempted perpetration of or conspiracy to6
commit human trafficking when prosecuted under the provisions of R.S.7
14:46.2(B)(2) or (3), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S.8
14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime against nature),9
R.S. 14:89.1 (aggravated crime against nature), R.S. 14:89.2(B)(3) (crime against10
nature by solicitation), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S.11
14:81 (indecent behavior with juveniles), R.S.14:81.1 (pornography involving12
juveniles), R.S. 14:81.2 (molestation of a juvenile or a person with a physical or13
mental disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S.14
14:81.4 (prohibited sexual conduct between an educator and student), R.S. 14:82.115
(prostitution; persons under eighteen), R.S. 14:82.2(C)(4) and (5) (purchase of16
commercial sexual activity), R.S. 14:92(A)(7) (contributing to the delinquency of17
juveniles), R.S. 14:93.5 (sexual battery of the infirm), R.S. 14:106(A)(5) (obscenity18
by solicitation of a person under the age of seventeen), R.S. 14:283 (video19
voyeurism), R.S. 14:41 (rape), R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible20
rape), R.S. 14:43 (simple rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2 (second21
degree sexual battery), R.S. 14:43.3 (oral sexual battery), R.S. 14:43.5 (intentional22
exposure to AIDS virus), or a second or subsequent conviction of R.S. 14:283.123
(voyeurism), committed on or after June 18, 1992, or committed prior to June 18,24
1992, if the person, as a result of the offense, is under the custody of the Department25
of Public Safety and Corrections on or after June 18, 1992. A conviction for any26
offense provided in this definition includes a conviction for the offense under the27
laws of another state, or military, territorial, foreign, tribal, or federal law which is28
equivalent to an offense provided for in this Chapter, unless the tribal court or29
foreign conviction was not obtained with sufficient safeguards for fundamental30 ENROLLEDHB NO. 1025
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fairness and due process for the accused as provided by the federal guidelines1
adopted pursuant to the Adam Walsh Child Protection and Safety Act of 2006.2
* * *3
(25) "Sexual offense against a victim who is a minor" means a conviction for4
the perpetration or attempted perpetration of, or conspiracy to commit, any of the5
following:6
* * *7
(c) Human trafficking when prosecuted under the provisions of R.S.8
14:46.2(B)(3).9
(d)(c) Aggravated incest (R.S. 14:78.1) under the circumstances not listed10
as those which constitute an "aggravated offense" as defined in this Section.11
(e)(d) Pornography involving juveniles (R.S. 14:81.1).12
(f)(e) Molestation of a juvenile or a person with a physical or mental13
disability (R.S. 14:81.2), except when prosecuted under the provisions of R.S.14
14:81.2(C)(1), (D)(1), or (D)(2).15
(g)(f) Computer-aided solicitation of a minor (R.S. 14:81.3).16
(h)(g) Prostitution; persons under seventeen (R.S. 14:82.1).17
(i)(h) Enticing minors into prostitution (R.S. 14:86).18
(j)(i) Pandering in violation of R.S. 14:84(1), (3), (5), and (6).19
(k)(j) Soliciting for prostitutes when the persons being solicited for20
prostitution are under the age of eighteen years (R.S. 14:83).21
(l)(k) Inciting prostitution when the prostitution involves persons under the22
age of eighteen years (R.S. 14:83.1).23
(m)(l) Promoting prostitution when the prostitution being promoted involves24
persons under the age of eighteen years (R.S. 14:83.2).25
(n)(m) Operation of places of prostitution when the prostitution involves26
persons under the age of eighteen years (R.S. 14:282).27 ENROLLEDHB NO. 1025
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(o)(n) Any conviction for an offense under the laws of another state, or1
military, territorial, foreign, tribal, or federal law which is equivalent to the offenses2
listed in Subparagraphs (a) through (n)(m) of this Paragraph.3
* * *4
§1308. Authorization for interception of wire, electronic, or oral communications5
A. The attorney general, or the deputy or any assistant attorney general6
acting pursuant to the authorization of the attorney general, with the approval of the7
district attorney or any assistant district attorney acting pursuant to the written8
authorization of the district attorney in whose district the interception of wire,9
electronic, or oral communications shall take place, and the district attorney or10
authorized assistant district attorney, with the approval of the attorney general or11
authorized deputy or assistant attorney general may authorize an application to a12
judge in whose district the interception of wire, electronic, or oral communications13
shall take place, and such judge may grant in conformity with R.S. 15:1310 an order14
authorizing or approving the interception of wire, electronic, or oral communications15
by an investigative or law enforcement officer having responsibility for the16
investigation of the offense as to which the application is made, when such17
interception may provide or has provided evidence of:18
* * *19
(2) The commission, attempted commission, or conspiracy to commit a20
crime involving any of the following offenses:21
* * *22
(s) Commercial sexual exploitation of children including R.S. 14:81.1, 81.3,23
82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.24
* * *25
§1352. Definitions26
As used in this Chapter:27
A. "Racketeering As used in this Chapter, "racketeering activity" means28
committing, attempting to commit, conspiring to commit, or soliciting, coercing, or29
intimidating another person to commit any crime that is punishable under the30 ENROLLEDHB NO. 1025
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following provisions of Title 14 of the Louisiana Revised Statutes of 1950, the1
Uniform Controlled Dangerous Substances Law, or the Louisiana Securities Law:2
* * *3
(52) R.S. 14:81.1 (Pornography involving juveniles)4
(53) R.S. 14:81.3 (Computer-aided solicitation of a minor)5
(54) R.S. 14:82.1 (Prostitution; persons under eighteen; additional offenses)6
(55) R.S. 14:83 (Soliciting for prostitutes)7
(56) R.S. 14:83.1 (Inciting prostitution)8
(57) R.S. 14:83.2 (Promoting prostitution)9
(58) R.S. 14:85 (Letting premises for prostitution)10
(59) R.S. 14:86 (Enticing persons into prostitution)11
(60) R.S. 14:104 (Keeping a disorderly place)12
(61) R.S. 14:105 (Letting a disorderly place)13
(62) R.S. 14:282 (Operation of places of prostitution; prohibited; penalty)14
* * *15
Section 3. R.S. 40:2405.7 is hereby enacted to read as follows:16
§2405.7. Human trafficking training17
A. The council shall provide training for law enforcement agencies in18
addressing human trafficking.19
B. Such training shall focus on all of the following:20
(1) Investigating human trafficking under R.S. 14:46.2.21
(2) Investigating trafficking of children for sexual purposes under R.S.22
14:46.3 and the special needs of sexually exploited children.23
(3) Methods used in identifying United States citizens and foreign national24
victims of human trafficking, including preliminary interview techniques and25
appropriate questioning methods.26
(4) Methods of increasing effective collaboration with nongovernmental27
organizations and other relevant social service organizations in the course of28
investigating and prosecuting a human trafficking case.29 ENROLLEDHB NO. 1025
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are additions.
(5) Methods for protecting the rights of victims of human trafficking, taking1
into account the need to consider human rights and the special needs of female and2
child victims.3
(6) The necessity of treating victims of human trafficking as crime victims4
rather than criminals.5
(7) Methods for promoting the safety of victims of human trafficking.6
C. The council shall seek input and participation of appropriate7
nongovernmental organizations and other relevant organizations in the preparation8
and presentation of training called for in this Section.9
Section 4. R.S. 46:1802(10)(a), 1805(A), 1809(B)(4)(a), and 1844(W)(introductory10
paragraph), (1)(a) and (b), (2), and (3) are hereby amended and reenacted and R.S.11
46:1805(B)(3), 2161(C), and 2161.1 are hereby enacted to read as follows:12
§1802. Definitions13
As used in this Chapter:14
* * *15
(10) "Victim" means:16
(a) Any person who suffers personal injury, death, or catastrophic property17
loss as a result of a crime committed in this state and covered by this Chapter. This18
includes any person who is a victim of human trafficking as defined by R.S. 14:46.2,19
a victim of trafficking of children for sexual purposes as defined by R.S. 14:46.3, or20
a victim of any offense involving commercial sexual exploitation including but not21
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, 86,22
89.2, 104, 105, and 282.23
* * *24
§1805. Crimes to which Chapter applies25
A. The board may make an award and order the payment of reparations for26
pecuniary loss in accordance with the provisions of this Chapter for personal injury,27
death, or catastrophic property loss resulting from any act or omission to act that is28
defined as a misdemeanor under any local ordinance or as a crime under state or29 ENROLLEDHB NO. 1025
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are additions.
federal law and involves the use of force or the threat of the use of force or any1
human trafficking-related offense.2
B.3
* * *4
(3) "Human trafficking-related offense" shall include the perpetration or5
attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving6
commercial exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2,7
83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.8
* * *9
§1809. Criteria for making awards; prohibitions; authority to deny or reduce awards10
* * *11
B. In making its determination, the following provisions shall apply:12
* * *13
(4) The board may deny or reduce an award:14
(a) If it finds that the behavior of the victim at the time of the crime giving15
rise to the claim was such that the victim bears some measure of responsibility for16
the crime that caused the physical injury, death, or catastrophic property loss or for17
the physical injury, death, or catastrophic property loss. However, such ineligibility18
shall not apply if the claimant is a victim of human trafficking or trafficking of19
children for sexual purposes a human trafficking-related offense as defined by R.S.20
46:1805.21
* * *22
§1844. Basic rights for victim and witness23
* * *24
W. Confidentiality of crime victims who are minors , and victims of sex25
offenses, and victims of human trafficking-related offenses.26
(1)(a) In order to protect the identity and provide for the safety and welfare27
of crime victims who are minors under the age of eighteen years and of victims of28
sex offenses or human trafficking-related offenses, notwithstanding any provision29
of law to the contrary, all public officials and officers and public agencies, including30 ENROLLEDHB NO. 1025
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are additions.
but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial1
officers, clerks of court, the Crime Victims Reparations Board, and the Department2
of Children and Family Services or any division thereof, shall not publicly disclose3
the name, address, or identity of crime victims who at the time of the commission of4
the offense are minors under eighteen years of age or of victims of sex offenses or5
human trafficking-related offenses, regardless of the date of commission of the6
offense. The confidentiality of the identity of the victim who at the time of the7
commission of the offense is a minor under eighteen years of age or the victim of a8
sex offense or human trafficking-related offense may be waived by the victim. The9
public disclosure of the name of the juvenile crime victim by any public official or10
officer or public agency is not prohibited by this Subsection when the crime resulted11
in the death of the victim.12
(b) In order to protect the identity and provide for the safety and welfare of13
crime victims who are minors under the age of eighteen years and of victims of sex14
offenses or human trafficking-related offenses, notwithstanding any provision of law15
to the contrary, an attorney for any party shall be prohibited from publicly disclosing,16
except during trial, the name, address, or identity of crime victims who at the time17
of the commission of the offense are under eighteen years of age or are victims of18
sex offenses or human trafficking-related offenses, regardless of the date of19
commission of the offense. An attorney may lawfully utilize initials, abbreviations,20
or other forms of indefinite descriptions on documents used in the performance of21
their duties to prevent the public disclosure of the name, address, or identity of such22
crime victims. If the name, address, or identity of such a crime victim must be23
disclosed in a motion or pleading, that motion or pleading shall be filed with the24
court requesting that it be kept under seal. Failure to comply with the provisions of25
this Subparagraph shall be punishable as contempt of court.26
* * *27
(2) For purposes of this Section, "sex Section:28
(a) "Human trafficking-related offense" shall include the perpetration or29
attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving30 ENROLLEDHB NO. 1025
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are additions.
commercial sexual exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1,1
83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.2
(b) "Sex offense" shall include the perpetration or attempted perpetration of3
stalking (R.S. 14:40.2), misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1),4
obscenity (R.S. 14:106), or any offense listed in R.S. 15:541(24).5
(3) Notwithstanding any other provision of law to the contrary, all public6
officials, officers, and public agencies, including but not limited to all law7
enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court,8
the Crime Victims Reparations Board, and the Department of Children and Family9
Services or any division thereof, charged with the responsibility of knowing the10
name, address, and identity of crime victims who are minors or of crime victims of11
a sex offense or a human trafficking-related offense as a necessary part of their12
duties shall have full and complete access to this information regarding a crime13
victim who is a minor or a victim of a sex offense or a human trafficking-related14
offense. Either prior to or at the time of a request for information, the public official15
or officer or public agency shall take measures to prevent the public disclosure of the16
name, address, or identity of such a crime victim who is a minor or a victim of a sex17
offense or human trafficking-related offense, which may include the use of initials,18
abbreviations, or any other form of concealing the identity of the victim on all public19
documents.20
* * *21
§2161. Human trafficking victims services plan22
* * *23
C. Each private entity that provides services to victims pursuant to the24
provisions of this Section shall submit to the Department of Children and Family25
Services an annual report on their operations including information on the services26
offered, geographic areas served, the number of persons served, and individual status27
updates on each person served. This information shall not include the name, address,28
or other identifying information of the person served. The Department of Children29
and Family Services shall compile the data from all the reports submitted pursuant30 ENROLLEDHB NO. 1025
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are additions.
to the provisions of this Subsection and shall provide this information to the1
legislature on or before the first day of February each year.2
§2161.1. Human trafficking victims services plan; adults3
A. With respect to persons referred to the Department of Children and4
Family Services who are eighteen years of age or older and who are found to be5
victims of human trafficking in which the services include commercial sexual6
activity or any sexual conduct constituting a crime under the laws of this state, the7
department shall refer the person to the appropriate department, agency, or entity to8
provide the person with the following:9
(1) Assist the victim in applying for federal and state benefits and services10
to which the victim may be entitled.11
(2) Coordinate the delivery of health, mental health, housing, education, job12
training, child care, victims' compensation, legal, and other services available to13
victims of human or sex trafficking.14
(3) Refer the victim to the appropriate community-based services to the15
extent that such services are available.16
(4) Assist the victim with family reunification or returning to the victim's17
place of origin, if the victim so desires.18
B. In coordinating these services for the victim, the department shall work19
together with such other state and federal agencies, public and private entities, and20
other stakeholders as they deem appropriate.21
C. Each private entity that provides services to victims pursuant to the22
provisions of this Section shall submit to the Department of Children and Family23
Services an annual report on their operations including information on the services24
offered, geographic areas served, the number of persons served, and individual status25
updates on each person served. This information shall not include the name, address,26
or other identifying information of the person served. The Department of Children27
and Family Services shall compile the data from all the reports submitted pursuant28
to the provisions of this Subsection and shall provide this information to the29
legislature on or before the first day of February each year.30 ENROLLEDHB NO. 1025
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are additions.
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 Subparagraph (A)(2) or (B)(2) of29
this Article evidence of specific instances of the victim's past sexual behavior, the30 ENROLLEDHB NO. 1025
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are additions.
accused shall make a written motion in camera to offer such evidence. The motion1
shall be accompanied by a written statement of evidence setting forth the names and2
addresses of persons to be called as witnesses.3
* * *4
E. Hearing. (1) If the court determines that the statement of evidence5
contains evidence described in Paragraph B Subparagraph (A)(2) or (B)(2), the court6
shall order a hearing which shall be closed to determine if such evidence is7
admissible. At such hearing the parties may call witnesses.8
* * *9
Art. 412.3. Statements made by victims of trafficking during investigations10
If a victim of human trafficking or trafficking of children for sexual purposes11
is also a defendant in any case arising from unlawful acts committed as part of the12
same trafficking activity, any inculpatory statement made by the victim as a result13
of questioning by any person then known by the victim to be a law enforcement14
officer is inadmissible against the victim, except pursuant to Article 801 of this Code15
or in any prosecution of the victim for perjury, at a trial of the victim for the16
unlawful acts committed by the victim as part of the same trafficking activity if all17
of the following conditions exist:18
(1) The victim cooperates with the investigation and prosecution, including19
the giving of a use-immunity statement as directed by the prosecuting attorney.20
(2) The victim testifies truthfully at any hearing or trial related to the21
trafficking activity, or agrees, either in writing or on the record, to testify truthfully22
at any hearing or trial related to the trafficking activity in any prosecution of any23
other person charged with an offense arising from the same trafficking activity,24
regardless of whether the testimony is unnecessary due to entry of a plea by the other25
person.26
(3) The victim has agreed in writing to receive services or participate in a27
program that provides services to victims of human trafficking or trafficking of28
children for sexual purposes, if such services are available.29 ENROLLEDHB NO. 1025
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are additions.
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 ENROLLEDHB NO. 1025
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are additions.
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
Section 7. Children's Code Articles 603(2)(b) and (c) and 725.2 are hereby amended29
and reenacted and Children's Code Article 603(9.1) is hereby enacted to read as follows:30 ENROLLEDHB NO. 1025
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are additions.
Art. 603. Definitions1
As used in this Title:2
* * *3
(2) "Abuse" means any one of the following acts which seriously endanger4
the physical, mental, or emotional health and safety of the child:5
* * *6
(b) The exploitation or overwork of a child by a parent or any other person ,7
including but not limited to commercial sexual exploitation of the child.8
(c) The involvement of the child in any sexual act with a parent or any other9
person, or the aiding or toleration by the parent, or the caretaker, or any other person10
of the child's sexual involvement in any of the following:11
(i) Any sexual act with any other person. or of the child's involvement in12
pornographic13
(ii) Pornographic displays , or any other involvement of a child in.14
(iii) Any sexual activity constituting a crime under the laws of this state.15
* * *16
(9.1) "Commercial sexual exploitation" means involvement of the child17
activity prohibited by the following statutes: R.S. 14:46.2, 46.3, 81.1, 81.3, 82, 82.1,18
82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.19
* * *20
Art. 725.2. Safe house for sexually exploited children21
A. The department may, to the extent funds are available, operate or contract22
with an appropriate nongovernmental agency with experience working with sexually23
exploited children to operate one or more safe houses in a geographically appropriate24
area of the state. Each safe house shall provide safe and secure housing and25
specialized services for sexually exploited children. Nothing in this Article shall be26
construed to preclude an agency from applying for and accepting grants, gifts, and27
bequests for funds from private individuals, foundations, and the federal government28
for the purpose of creating or carrying out the duties of a safe house for sexually29
exploited children.30 ENROLLEDHB NO. 1025
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are additions.
B. Each safe house operating under a contract with the department to provide1
services to sexually exploited children pursuant to the provisions of this Article shall2
submit to the department an annual report on their operations including information3
on the services offered, geographic areas served, number of children served, and4
individual status updates on each child served. This information shall not include5
the name, address, or other identifying information of the child served. The6
department shall compile the data from all the reports submitted by each safe house7
pursuant to the provisions of this Article and shall provide this information in an8
annual report to the legislature on or before the first day of February each year.9
Section 8. Children's Code Article 606(A)(7) is hereby enacted to read as follows:10
Art. 606. Grounds; child in need of care11
A. Allegations that a child is in need of care must assert one or more of the12
following grounds:13
* * *14
(7) The child is a victim of commercial sexual exploitation, human15
trafficking, or trafficking of children for sexual purposes perpetrated by any person16
regardless of their relationship to the child.17
* * *18
Section 9. Each department or agency involved in the prevention of child sexual19
exploitation as provided in this Act shall utilize all means necessary to maximize the use of20
federal funds and all other non-state source means of financing available to support the21
activities of Sections 1 though 8 of this Act.22 ENROLLEDHB NO. 1025
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are additions.
Section 10. The provisions of Section 8 of this Act shall become effective when a1
child, who is a victim of commercial sexual exploitation, human trafficking, or trafficking2
of children for sexual purposes perpetrated by someone other than a parent or caretaker,3
becomes an eligible victim for which federal match funds are available through Title IV-E4
of 47 U.S.C. 672.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: