HLS 14RS-2506 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 1216
BY REPRESENTATIVE JOHNSON
SEX OFFENSE/REGISTRY: Amends the crime of unlawful presence of a sex offender
relative to a former victim
AN ACT1
To amend and reenact R.S. 14:91.9, relative to the unlawful presence of a sex offender; to2
amend the crime of unlawful presence of a sex offender relative to a former victim;3
to prohibit certain persons convicted of a sex offense from establishing a residence4
within seven miles of the victim; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:91.9 is hereby amended and reenacted to read as follows: 7
ยง91.9. Unlawful presence or contact of a sex offender relative to a former victim8
A. It Except as provided in Subsection B of this Section, it shall be unlawful9
for any person convicted of a sex offense as defined in R.S. 15:541 to do any of the10
following:11
(1) Establish a residence or physically reside within three miles of the victim12
of the offense for which he was convicted.13
(2) Knowingly be physically present within three hundred feet of the victim14
of the offense for which he was convicted.15
(3) Communicate, either by electronic communication, in writing, or orally,16
with the victim of the offense for which he was convicted or an immediate family17
member of the victim, unless the victim consents to such communication in writing18
and the communication is made pursuant to the provisions of R.S. 46:1846.19
B.(1) The provisions of this Subsection shall apply to all of the following:20 HLS 14RS-2506 ORIGINAL
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(a) Any person who is convicted of a sex offense as defined by R.S. 15:5411
on or after August 1, 2014, and who is not sentenced to a term of imprisonment for2
the conviction.3
(b) Any person who is convicted of a sex offense as defined by R.S. 15:5414
and who is released from incarceration for the offense on or after August 1, 2014,5
regardless of the date of conviction.6
(c) Any person subject to the three-mile restriction as provided in Subsection7
(A) of this Section prior to August 1, 2014, who establishes a new residence on or8
after August 1, 2014.9
(2) It shall be unlawful for any person provided for in Paragraph (1) of this10
Subsection to do any of the following:11
(a) Establish a residence or physically reside within seven miles of the victim12
of the offense for which he was convicted.13
(b) Knowingly be physically present within three hundred feet of the victim14
of the offense for which he was convicted.15
(c) Communicate, either by electronic communication, in writing, or orally,16
with the victim of the offense for which he was convicted or an immediate family17
member of the victim, unless the victim consents to such communication in writing18
and the communication is made pursuant to the provisions of R.S. 46:1846.19
B.C. For purposes of this Section, "immediate family member" means the20
spouse, mother, father, aunt, uncle, sibling, or child of the victim, whether related by21
blood, marriage, or adoption.22
C.D.(1) Whoever violates the provisions of Paragraphs (A)(1) or (2) or23
Subparagraphs (B)(2)(a) or (b) of this Section shall be fined not more than one24
thousand dollars, imprisoned with or without hard labor for not more than one year,25
or both.26
(2) Whoever violates the provisions of Paragraph (A)(3) or Subparagraph27
(B)(2)(c) of this Section shall be fined not more than five hundred dollars,28
imprisoned for not more than six months, or both.29 HLS 14RS-2506 ORIGINAL
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D.E.(1)(a) It shall be an affirmative defense to prosecution for a violation of1
Paragraph (A)(1) of this Section if the property where the offender resides was2
occupied by the offender prior to the date on which the victim began residing within3
three miles of the residence of the offender.4
(b) The affirmative defense provided in Subparagraph (a) of this Paragraph5
shall not be available to an offender who pleads guilty to or is convicted of a6
subsequent sex offense as defined in R.S. 15:541 against the same victim after the7
victim began residing within three miles of the residence of the offender.8
(2)(a) It shall be an affirmative defense to prosecution for a violation of9
Paragraph (A)(1) of this Section if the property where the offender resides was10
occupied by the offender prior to August 1, 2012.11
(b) The affirmative defense provided in Subparagraph (a) of this Paragraph12
shall not be available to an offender who pleads guilty to or is convicted of a13
subsequent sex offense as defined in R.S. 15:541 against the same victim after14
August 1, 2012.15
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)]
Johnson HB No. 1216
Abstract: Amends the crime of unlawful presence of a sex offender relative to a former
victim relative to persons convicted, released from incarceration, or who establish
a new residence on or after Aug. 1, 2014.
Present law prohibits a person convicted of a sex offense as defined by present law from
establishing a residence or physically residing within three miles of the victim of the offense
for which he was convicted, and further provides criminal penalties for a violation of this
prohibition.
Provides that any person who violates the provisions of present law shall be punished by a
fine of up to $1,000, imprisonment for not more than one year, or both.
Proposed law retains present law as it relates to persons not provided for in proposed law.
Proposed law provides that for the following persons, it shall be unlawful to establish a
residence or physically reside within seven miles of the victim of the offense for which the
person was convicted: HLS 14RS-2506 ORIGINAL
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(1)Any person who is convicted of a sex offense as defined by present law on or after
Aug. 1, 2014, and who is not sentenced to a term of imprisonment for the conviction.
(2)Any person who is convicted of a sex offense as defined by present law and who is
released from incarceration for the offense on or after Aug. 1, 2014, regardless of the
date of conviction.
(3)Any person subject to the three-mile restriction as provided for in present law prior
to Aug. 1, 2014, who establishes a new residence on or after Aug. 1, 2014.
Proposed law subjects any person who violates the provisions of proposed law to the same
penalties provided by present law.
(Amends R.S. 14:91.9)