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ACT No. 177
Regular Session, 2014
HOUSE BILL NO. 530
BY REPRESENTATIVE PYLANT
AN ACT1
To amend and reenact R.S. 14:89(A) and (B) and 89.1 and to repeal R.S. 14:78 and 78.1,2
relative to offenses affecting sexual immorality; to repeal the crimes of incest and3
aggravated incest; to amend the offense of crime against nature to include the4
elements and penalties of the crime of incest; to amend the offense of aggravated5
crime against nature to include the elements and penalties of the crime of aggravated6
incest; to direct the Louisiana State Law Institute to amend all references in law7
accordingly; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:89(A) and (B) and 89.1 are hereby amended and reenacted to read10
as follows: 11
§89. Crime against nature12
A. Crime against nature is the either of the following:13
(1) The unnatural carnal copulation by a human being with another of the14
same sex or opposite sex or with an animal, except that anal sexual intercourse15
between two human beings shall not be deemed as a crime against nature when done16
under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43.17
Emission is not necessary; and, when committed by a human being with another, the18
use of the genital organ of one of the offenders of whatever sex is sufficient to19
constitute the crime.20
(2) The marriage to, or sexual intercourse with, any ascendant or descendant,21
brother or sister, uncle or niece, aunt or nephew, with knowledge of their22 ENROLLEDHB NO. 530
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relationship. The relationship must be by consanguinity, but it is immaterial whether1
the parties to the act are related to one another by the whole or half blood. The2
provisions of this Paragraph shall not apply where one person, not a resident of this3
state at the time of the celebration of his marriage, contracted a marriage lawful at4
the place of celebration and thereafter removed to this state.5
B.(1) Whoever violates commits the offense of crime against nature in6
violation of the provisions of Paragraph (A)(1) of this Section shall be fined not more7
than two thousand dollars, imprisoned, with or without hard labor, for not more than8
five years, or both.9
(2) Whoever violates commits the offense of crime against nature in10
violation of the provisions of Paragraph (A)(1) of this Section with a person under11
the age of eighteen years shall be fined not more than fifty thousand dollars,12
imprisoned at hard labor for not less than fifteen years nor more than fifty years, or13
both.14
(3) Whoever violates commits the offense of crime against nature in15
violation of the provisions of Paragraph (A)(1) of this Section with a person under16
the age of fourteen years shall be fined not more than seventy-five thousand dollars,17
imprisoned at hard labor for not less than twenty-five years nor more than fifty years,18
or both.19
(4) Whoever commits the offense of crime against nature in violation of the20
provisions of Paragraph (A)(2) of this Section, where the crime is between an21
ascendant and descendant, or between brother and sister, shall be imprisoned at hard22
labor for not more than fifteen years.23
(5) Whoever commits the offense of crime against nature in violation of the24
provisions of Paragraph (A)(2) of this Section, where the crime is between uncle and25
niece, or aunt and nephew, shall be fined not more than one thousand dollars,26
imprisoned, with or without hard labor, for not more than five years, or both.27
* * *28 ENROLLEDHB NO. 530
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§89.1. Aggravated crime against nature1
A. Aggravated crime against nature is crime against nature either of the2
following:3
(1) A violation of the provisions of R.S. 14:89(A)(1) committed under any4
one or more of the following circumstances:5
(1)(a) When the victim resists the act to the utmost, but such resistance is6
overcome by force ;. 7
(2)(b) When the victim is prevented from resisting the act by threats of great8
and immediate bodily harm accompanied by apparent power of execution ;. 9
(3)(c) When the victim is prevented from resisting the act because the10
offender is armed with a dangerous weapon; or. 11
(4)(d) When through idiocy, imbecility, or any unsoundness of mind, either12
temporary or permanent, the victim is incapable of giving consent and the offender13
knew or should have known of such incapacity;.14
(5)(e) When the victim is incapable of resisting or of understanding the15
nature of the act, by reason of stupor or abnormal condition of mind produced by a16
narcotic or anesthetic agent, administered by or with the privity of the offender; or17
when he has such incapacity, by reason of a stupor or abnormal condition of mind18
from any cause, and the offender knew or should have known of such incapacity; or.19
(6)(f) When the victim is under the age of seventeen years and the offender20
is at least three years older than the victim.21
(2)(a) The engaging in any prohibited act enumerated in Subparagraph (b)22
of this Paragraph with a person who is under eighteen years of age and who is known23
to the offender to be related to the offender as any of the following biological, step,24
or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother,25
half-sister, uncle, aunt, nephew, or niece.26
(b) The following are prohibited acts under this Paragraph:27
(i) Sexual intercourse, sexual battery, second degree sexual battery, carnal28
knowledge of a juvenile, indecent behavior with juveniles, pornography involving29
juveniles, molestation of a juvenile or a person with a physical or mental disability,30 ENROLLEDHB NO. 530
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crime against nature, cruelty to juveniles, parent enticing a child into prostitution, or1
any other involvement of a child in sexual activity constituting a crime under the2
laws of this state.3
(ii) Any lewd fondling or touching of the person of either the child or the4
offender, done or submitted to with the intent to arouse or to satisfy the sexual5
desires of either the child, the offender, or both.6
(c) Consent shall not be a defense to prosecution for a violation of the7
provisions of this Paragraph.8
B. Whoever commits the crime of aggravated crime against nature in9
violation of the provisions of Paragraph (A)(1) of this Section shall be imprisoned10
at hard labor for not less than three nor more than fifteen years, such prison sentence11
to be without benefit of suspension of sentence, probation or parole.12
C.(1) Whoever commits the crime of aggravated crime against nature in13
violation of the provisions of Paragraph (A)(2) of this Section shall be fined an14
amount not to exceed fifty thousand dollars, or imprisoned, with or without hard15
labor, for a term not less than five years nor more than twenty years, or both.16
(2) Whoever commits the crime of aggravated crime against nature in17
violation of the provisions of Paragraph (A)(2) of this Section with a victim under18
the age of thirteen years when the offender is seventeen years of age or older shall19
be punished by imprisonment at hard labor for not less than twenty-five years nor20
more than ninety-nine years. At least twenty-five years of the sentence imposed21
shall be served without benefit of parole, probation, or suspension of sentence.22
(3) Upon completion of the term of imprisonment imposed in accordance23
with Paragraph (2) of this Subsection, the offender shall be monitored by the24
Department of Public Safety and Corrections through the use of electronic25
monitoring equipment for the remainder of his natural life.26
(4) Unless it is determined by the Department of Public Safety and27
Corrections, pursuant to rules adopted in accordance with the provisions of this28
Subsection, that a sexual offender is unable to pay all or any portion of such costs,29 ENROLLEDHB NO. 530
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each sexual offender to be electronically monitored shall pay the cost of such1
monitoring.2
(5) The costs attributable to the electronic monitoring of an offender who has3
been determined unable to pay shall be borne by the department if, and only to the4
degree that, sufficient funds are made available for such purpose whether by5
appropriation of state funds or from any other source.6
(6) The Department of Public Safety and Corrections shall develop, adopt,7
and promulgate rules in the manner provided in the Administrative Procedure Act8
that provide for the payment of such costs. Such rules shall contain specific9
guidelines which shall be used to determine the ability of the offender to pay the10
required costs and shall establish the reasonable costs to be charged. Such rules may11
provide for a sliding scale of payment so that an offender who is able to pay a12
portion, but not all, of such costs may be required to pay such portion.13
D.(1) In addition to any sentence imposed under Subsection C of this14
Section, the court shall, after determining the financial resources and future ability15
of the offender to pay, require the offender, if able, to pay the victim's reasonable16
costs of counseling that result from the offense.17
(2) The amount, method, and time of payment shall be determined by the18
court either by ordering that documentation of the offender's financial resources and19
future ability to pay restitution and of the victim's pecuniary loss submitted by the20
victim be included in the presentence investigation and report, or the court may21
receive evidence of the offender's ability to pay and the victim's loss at the time of22
sentencing.23
(3) The court may provide for payment to a victim up to but not in excess of24
the pecuniary loss caused by the offense. The offender may assert any defense that25
he could raise in a civil action for the loss sought to be compensated by the26
restitution order.27
Section 2. R.S. 14:78 and 78.1 are hereby repealed in their entirety.28 ENROLLEDHB NO. 530
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Section 3. The Louisiana State Law Institute is hereby directed to change all1
references in Louisiana law from "incest" to "crime against nature" and from "aggravated2
incest" to "aggravated crime against nature" to reflect the changes made in this Act.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: