HLS 14RS-942 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 215
BY REPRESENTATIVE RICHARD
CRIME/SEX OFFENSES: Creates the crime of prohibited sexual contact by a
psychotherapist and provides for criminal penalties
AN ACT1
To enact Division 6 of Subpart A of Part V of Chapter 1 of Title 14 of the Louisiana Revised2
Statutes of 1950, to be comprised of R.S. 14:89.7, relative to prohibited sexual3
contact by psychotherapists; to create the crime of prohibited sexual contact by a4
psychotherapist; to provide for elements of the crime; to provide for exceptions; to5
provide for definitions; to provide for criminal penalties; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Division 6 of Subpart A of Part V of Chapter 1 of Title 14 of the9
Louisiana Revised Statutes of 1950, comprised of R.S. 14:89.7, is hereby enacted to read as10
follows: 11
6. SEXUAL OFFENSES CONCERNING PROFESSIONAL MISCONDUCT12
ยง89.7. Prohibited sexual contact by a psychotherapist13
A.(1) It shall be unlawful for any psychotherapist, or any person who14
fraudulently represents himself as or purports to be a psychotherapist, to engage in15
sexual contact with a client or patient. Consent of the client or patient shall not be16
a defense, regardless of the age of client or patient.17
(2)(a) It shall be unlawful for any psychotherapist to engage in sexual18
contact with a former client or former patient, when the relationship was terminated19
primarily for the purpose of engaging in the sexual contact.20 HLS 14RS-942 ORIGINAL
HB NO. 215
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) It shall not be a violation of the provisions of this Paragraph if the client1
is at least seventeen years of age, the sexual contact was consensual, and the2
psychotherapist formally terminated the psychotherapist-client relationship as3
required by the ethical standards and guidelines established by the licensing or4
governing board of his profession.5
B. For purposes of this Section:6
(1) "Psychotherapist" means any of the following:7
(a) A psychiatrist licensed pursuant to R.S. 37:1261 et seq.8
(b) A psychologist licensed pursuant to R.S. 37:2351 et seq., or a medical9
psychologist licensed pursuant to R.S. 37:1360.51 et seq.10
(c) A licensed social worker licensed pursuant to R.S. 37:2701 et seq.11
(d) A licensed professional counselor or a licensed marriage and family12
therapist licensed pursuant to R.S. 37:1101 et seq.13
(e) Any other person who provides or purports to provide treatment,14
diagnosis, assessment, evaluation, or counseling of any mental, emotional,15
behavioral, or addictive illnesses, disorders, symptoms, or conditions.16
(2) "Sexual contact" means any of the following:17
(a) Anal, oral, or vaginal sexual intercourse. Emission is not necessary, and18
penetration, however slight, is sufficient to complete the crime.19
(b) Touching of the anus or genitals of the patient or client by the20
psychotherapist using any instrumentality or any part of the body of the21
psychotherapist.22
(c) Touching of the anus or genitals of the psychotherapist by the patient or23
client using any instrumentality or any part of the body of the patient or client, if24
done at the request of the psychotherapist.25
(d) "Sexual contact" shall also include a request by the psychotherapist for26
the conduct described in Subparagraphs (a) through (c) of this Paragraph.27 HLS 14RS-942 ORIGINAL
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are additions.
(3) "Therapeutic deception" means a representation by the psychotherapist1
to the patient or client that sexual contact by the psychotherapist is consistent with2
or part of the treatment of the patient or client.3
C.(1) Whoever violates the provisions of this Section shall be imprisoned,4
with or without hard labor, for not more than ten years, fined not more than ten5
thousand dollars, or both.6
(2) Whoever violates the provisions of this Section by means of therapeutic7
deception shall be imprisoned, with or without hard labor, for not more than fifteen8
years, fined not more than twenty thousand dollars, or both.9
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)]
Richard HB No. 215
Abstract: Creates the crime of prohibited sexual contact by a psychotherapist and provides
for elements of the crime, definitions, exceptions, and criminal penalties for the
commission of the offense.
Proposed law provides that it shall be unlawful for any psychotherapist, or any person who
fraudulently represents himself as or purports to be a psychotherapist, to engage in sexual
contact with a client or patient. Proposed law provides that the consent of the patient or
client shall not be a defense.
Proposed law provides that it shall be unlawful for any psychotherapist to engage in sexual
contact with a former client or patient, when the relationship was terminated primarily for
the purpose of engaging in the sexual contact.
Relative to former clients and former patients, proposed law provides that it shall not be a
violation if the client is at least 17 years of age, the sexual contact was consensual, and the
psychotherapist formally terminated the psychotherapist-client relationship as required by
the ethical standards and guidelines established by the licensing or governing board of his
profession.
Proposed law provides definitions for "psychotherapist", "sexual contact", and "therapeutic
deception".
Proposed law provides for the following penalties:
(1)Imprisonment for not more than 10 years, fined not more than $10,000, or both.
(2)If the sexual contact occurs by means of "therapeutic deception" - imprisonment for
not more than 15 years, fined not more than $20,000, or both.
(Adds R.S. 14:89.7)