HLS 14RS-145 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 12
BY REPRESENTATIVE SMITH
CRIME: Amends crime against nature and aggravated crime against nature relative to
certain provisions held to be unconstitutional
AN ACT1
To amend and reenact R.S. 14:89 and 89.1(A) and to enact R.S. 14:89.1(C), relative to crime2
against nature; to delete certain provisions of crime against nature held to be3
unconstitutional; to amend the elements of crime against nature and aggravated4
crime against nature relative to the repeal of the unconstitutional provision; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:89 and 89.1(A) are hereby amended and reenacted and R.S.8
14:89.1(C) is hereby enacted to read as follows: 9
§89. Crime against nature10
A. Crime against nature is the unnatural carnal copulation by a human being11
with another of the same sex or opposite sex or with an animal, except that anal12
sexual intercourse between two human beings shall not be deemed as a crime against13
nature when done under any of the circumstances described in R.S. 14:41, 14:42,14
14:42.1 or 14:43. Emission is not necessary; and, when committed by a human15
being with another, the use of the genital organ of one of the offenders of whatever16
sex offender is sufficient to constitute the crime.17
B.(1) Whoever violates the provisions of this Section shall be fined not more18
than two thousand dollars, imprisoned, with or without hard labor, for not more than19
five years, or both.20 HLS 14RS-145 ORIGINAL
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(2) Whoever violates the provisions of this Section with a person under the1
age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned2
at hard labor for not less than fifteen years nor more than fifty years, or both.3
(3) Whoever violates the provisions of this Section with a person under the4
age of fourteen years shall be fined not more than seventy-five thousand dollars,5
imprisoned at hard labor for not less than twenty-five years nor more than fifty years,6
or both.7
C. It shall be an affirmative defense to prosecution for a violation of this8
Section that, during the time of the alleged commission of the offense, the defendant9
was a victim of trafficking of children for sexual purposes as provided in R.S.10
14:46.3(E).11
§89.1. Aggravated crime against nature12
A. Aggravated crime against nature is crime against nature the unnatural13
carnal copulation by a human being with another when committed under any one or14
more of the following circumstances: 15
(1) When the victim resists the act to the utmost, but such resistance is16
overcome by force ;. 17
(2) When the victim is prevented from resisting the act by threats of great18
and immediate bodily harm accompanied by apparent power of execution ;. 19
(3) When the victim is prevented from resisting the act because the offender20
is armed with a dangerous weapon; or. 21
(4) When through idiocy, imbecility, or any unsoundness of mind, either22
temporary or permanent, the victim is incapable of giving consent and the offender23
knew or should have known of such incapacity;. 24
(5) When the victim is incapable of resisting or of understanding the nature25
of the act, by reason of stupor or abnormal condition of mind produced by a narcotic26
or anesthetic agent, administered by or with the privity of the offender; or when he27
has such incapacity, by reason of a stupor or abnormal condition of mind from any28
cause, and the offender knew or should have known of such incapacity; or. 29 HLS 14RS-145 ORIGINAL
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(6) When the victim is under the age of seventeen years and the offender is1
at least three years older than the victim. 2
* * *3
C. Emission is not necessary, and the use of the genital organ of the offender4
is sufficient to constitute the crime.5
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)]
Smith HB No. 12
Abstract: Repeals certain provisions of crime against nature held to be unconstitutional and
amends crime against nature and aggravated crime against nature relative to the
repeal of the unconstitutional provision.
Present law (R.S. 14:89) defines crime against nature as the unnatural carnal copulation by
a human being with another of the same sex or opposite sex or with an animal and provides
criminal penalties for convictions of this offense.
Present law (R.S. 14:89.1) defines aggravated crime against nature as crime against nature
committed under certain circumstances including resistance by the victim, threats of great
and immediate bodily harm to the victim, and when the victim is incapable of giving consent
or resisting due to his age, unsoundness of mind, when or by reason of stupor produced by
a narcotic or anesthetic agent.
In 2003, in the case Lawrence v. Texas, 539 U.S. 558 (2003), the U.S. Supreme Court held
that a Texas statute making it a crime for two persons of the same sex to engage in certain
intimate sexual conduct violates the Due Process Clause of the 14
th
Amendment of the U.S.
Constitution.
Based on the holding in the Lawrence decision, in the case La. Electorate of Gays and
Lesbians v. Connick, 902 So.2d 1090 (5
th
Cir. 2005), the 5
th
Circuit Court of Appeals
recognized the unconstitutionality of present law (R.S. 14:89), but held that the trial court
could sever unconstitutional portions of present law and leave in effect the portion
forbidding copulation with an animal.
Proposed law repeals the provisions of crime against nature relative to consensual,
uncompensated sexual activity between persons of the same sex which was held to be
unconstitutional by the 5
th
Circuit Court of Appeals and the U.S. Supreme Court. Proposed
law further repeals the penalty provisions associated with convictions involving this
particular type of activity.
Proposed law amends present law aggravated crime against nature to reflect the repeal of this
unconstitutional provision by defining aggravated crime against nature as the "unnatural
carnal copulation by a human being with another" when committed under certain
circumstances provided for in present law. Proposed law further provides that for
aggravated crime against nature, emission is not necessary, and the use of the genital organ
of the offender is sufficient to constitute the crime. HLS 14RS-145 ORIGINAL
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Proposed law retains all other provisions of present law relative to crime against nature and
aggravated crime against nature.
(Amends R.S. 14:89 and 89.1(A); Adds R.S. 14:89.1(C))