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Regular Session, 2014
HOUSE BILL NO. 530
BY REPRESENTATIVE PYLANT
CRIMINAL/VICTIMS: Provides relative to the crimes of incest and aggravated incest
AN ACT1
To amend and reenact R.S. 14:89(A) and (B) and 89.1(A) and (B), to enact R.S. 14:89.1(C)2
and (D), and to repeal R.S. 14:78 and 78.1, relative to offenses affecting sexual3
immorality; to repeal the crimes of incest and aggravated incest; to amend the4
offense of crime against nature to include the elements and penalties of the crime of5
incest; to amend the offense of aggravated crime against nature to include the6
elements and penalties of the crime of aggravated incest; to direct the Louisiana State7
Law Institute to amend all references in law accordingly; and to provide for related8
matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 14:89(A) and (B) and 89.1(A) and (B) are hereby amended and11
reenacted and R.S. 14:89.1(C) and (D) are hereby enacted to read as follows: 12
§89. Crime against nature13
A. Crime against nature is the either of the following:14
(1) The unnatural carnal copulation by a human being with another of the15
same sex or opposite sex or with an animal, except that anal sexual intercourse16
between two human beings shall not be deemed as a crime against nature when done17
under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43.18
Emission is not necessary; and, when committed by a human being with another, the19 HLS 14RS-1203 ORIGINAL
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use of the genital organ of one of the offenders of whatever sex is sufficient to1
constitute the crime.2
(2) The marriage to, or sexual intercourse with, any ascendant or descendant,3
brother or sister, uncle or niece, aunt or nephew, with knowledge of their4
relationship. The relationship must be by consanguinity, but it is immaterial whether5
the parties to the act are related to one another by the whole or half blood. The6
provisions of this Paragraph shall not apply where one person, not a resident of this7
state at the time of the celebration of his marriage, contracted a marriage lawful at8
the place of celebration and thereafter removed to this state.9
B.(1) Whoever violates commits the offense of crime against nature in10
violation of the provisions of Paragraph (A)(1) of this Section shall be fined not more11
than two thousand dollars, imprisoned, with or without hard labor, for not more than12
five years, or both.13
(2) Whoever violates commits the offense of crime against nature in14
violation of the provisions of Paragraph (A)(1) of this Section with a person under15
the age of eighteen years shall be fined not more than fifty thousand dollars,16
imprisoned at hard labor for not less than fifteen years nor more than fifty years, or17
both.18
(3) Whoever violates commits the offense of crime against nature in19
violation of the provisions of Paragraph (A)(1) of this Section with a person under20
the age of fourteen years shall be fined not more than seventy-five thousand dollars,21
imprisoned at hard labor for not less than twenty-five years nor more than fifty years,22
or both.23
(4) Whoever commits the offense of crime against nature in violation of the24
provisions of Paragraph (2) of this Section, where the crime is between an ascendant25
and descendant, or between brother and sister, shall be imprisoned at hard labor for26
not more than fifteen years.27
(5) Whoever commits the offense of crime against nature in violation of the28
provisions of Subsection (A)(2) of this Section, where the crime is between uncle29 HLS 14RS-1203 ORIGINAL
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and niece, or aunt and nephew, shall be fined not more than one thousand dollars,1
imprisoned, with or without hard labor, for not more than five years, or both.2
* * *3
§89.1. Aggravated crime against nature 4
A. Aggravated crime against nature is crime against nature either of the5
following:6
(1) A violation of the provisions of Paragraph (A)(1) of R.S. 14:897
committed under any one or more of the following circumstances: 8
(1)(a) When the victim resists the act to the utmost, but such resistance is9
overcome by force ;. 10
(2)(b) When the victim is prevented from resisting the act by threats of great11
and immediate bodily harm accompanied by apparent power of execution ;. 12
(3)(c) When the victim is prevented from resisting the act because the13
offender is armed with a dangerous weapon; or. 14
(4)(d) When through idiocy, imbecility, or any unsoundness of mind, either15
temporary or permanent, the victim is incapable of giving consent and the offender16
knew or should have known of such incapacity;.17
(5)(e) When the victim is incapable of resisting or of understanding the18
nature of the act, by reason of stupor or abnormal condition of mind produced by a19
narcotic or anesthetic agent, administered by or with the privity of the offender; or20
when he has such incapacity, by reason of a stupor or abnormal condition of mind21
from any cause, and the offender knew or should have known of such incapacity; or.22
(6)(f) When the victim is under the age of seventeen years and the offender23
is at least three years older than the victim. 24
(2)(a) The engaging in any prohibited act enumerated in Subparagraph (b)25
of this Paragraph with a person who is under eighteen years of age and who is known26
to the offender to be related to the offender as any of the following biological, step,27
or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother,28
half-sister, uncle, aunt, nephew, or niece.29 HLS 14RS-1203 ORIGINAL
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(b) The following are prohibited acts under this Paragraph:1
(i) Sexual intercourse, sexual battery, second degree sexual battery, carnal2
knowledge of a juvenile, indecent behavior with juveniles, pornography involving3
juveniles, molestation of a juvenile or a person with a physical or mental disability,4
crime against nature, cruelty to juveniles, parent enticing a child into prostitution, or5
any other involvement of a child in sexual activity constituting a crime under the6
laws of this state.7
(ii) Any lewd fondling or touching of the person of either the child or the8
offender, done or submitted to with the intent to arouse or to satisfy the sexual9
desires of either the child, the offender, or both.10
(c) Consent shall not be a defense to prosecution for a violation of the11
provisions of this Paragraph.12
B. Whoever commits the crime of aggravated crime against nature in13
violation of the provisions of Paragraph (A)(1) of this Section shall be imprisoned14
at hard labor for not less than three nor more than fifteen years, such prison sentence15
to be without benefit of suspension of sentence, probation or parole.16
C.(1) Whoever commits the crime of aggravated crime against nature in17
violation of the provisions of Paragraph (A)(2) of this Section shall be fined an18
amount not to exceed fifty thousand dollars, or imprisoned, with or without hard19
labor, for a term not less than five years nor more than twenty years, or both.20
(2)(a) Whoever commits the crime of aggravated crime against nature in21
violation of the provisions of Paragraph (A)(2) of this Section with a victim under22
the age of thirteen years when the offender is seventeen years of age or older shall23
be punished by imprisonment at hard labor for not less than twenty-five years nor24
more than ninety-nine years. At least twenty-five years of the sentence imposed25
shall be served without benefit of parole, probation, or suspension of sentence.26
(3) Upon completion of the term of imprisonment imposed in accordance27
with Paragraph (2) of this Subsection, the offender shall be monitored by the28 HLS 14RS-1203 ORIGINAL
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Department of Public Safety and Corrections through the use of electronic1
monitoring equipment for the remainder of his natural life.2
(4) Unless it is determined by the Department of Public Safety and3
Corrections, pursuant to rules adopted in accordance with the provisions of this4
Subsection, that a sexual offender is unable to pay all or any portion of such costs,5
each sexual offender to be electronically monitored shall pay the cost of such6
monitoring.7
(5) The costs attributable to the electronic monitoring of an offender who has8
been determined unable to pay shall be borne by the department if, and only to, the9
degree that sufficient funds are made available for such purpose whether by10
appropriation of state funds or from any other source.11
(6) The Department of Public Safety and Corrections shall develop, adopt,12
and promulgate rules in the manner provided in the Administrative Procedure Act13
that provide for the payment of such costs. Such rules shall contain specific14
guidelines which shall be used to determine the ability of the offender to pay the15
required costs and shall establish the reasonable costs to be charged. Such rules may16
provide for a sliding scale of payment so that an offender who is able to pay a17
portion, but not all, of such costs may be required to pay such portion.18
D.(1) In addition to any sentence imposed under Subsection C, the court19
shall, after determining the financial resources and future ability of the offender to20
pay, require the offender, if able, to pay the victim's reasonable costs of counseling21
that result from the offense.22
(2) The amount, method, and time of payment shall be determined by the23
court either by ordering that documentation of the offender's financial resources and24
future ability to pay restitution and of the victim's pecuniary loss submitted by the25
victim be included in the presentence investigation and report, or the court may26
receive evidence of the offender's ability to pay and the victim's loss at the time of27
sentencing.28 HLS 14RS-1203 ORIGINAL
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(3) The court may provide for payment to a victim up to but not in excess of1
the pecuniary loss caused by the offense. The offender may assert any defense that2
he could raise in a civil action for the loss sought to be compensated by the3
restitution order.4
Section 2. R.S. 14:78 and 78.1 are hereby repealed in their entirety.5
Section 3. The Louisiana State Law Institute is hereby directed to change all6
references in Louisiana law from "incest" to "crime against nature" and from "aggravated7
incest" to "aggravated crime against nature" to reflect the changes made in this Act.8
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)]
Pylant HB No. 530
Abstract: Repeals the crimes of incest and aggravated incest and includes the elements and
penalties for these crimes in the offenses of crime against nature and aggravated
crime against nature.
Present law provides for the crimes of incest, aggravated incest, crime against nature, and
aggravated crime against nature.
Proposed law repeals the crime of incest and places the elements and penalties for the crime
into the offense of crime against nature.
Proposed law repeals the crime of aggravated incest and places the elements and penalties
for the crime into the offense of aggravated crime against nature.
Proposed law directs the La. State Law Institute to change all references in La. law from
"incest" to "crime against nature" and from "aggravated incest" to "aggravated crime against
nature" to reflect the changes made in proposed law.
(Amends R.S. 14:89(A) and (B) and 89.1(A) and (B); Adds R.S. 14:89.1(C) and (D);
Repeals R.S. 14:78 and 78.1)