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 14th 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 (5th Cir. 2005), the 5th 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 5th 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.
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))