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Regular Session, 2014
SENATE BILL NO. 333
BY SENATOR JOHNS
CRIMINAL RECORDS. Provides relative to crime against nature and incest. (gov sig)
AN ACT1
To amend and reenact Children's Code Article 1015(3)(c), Code of Criminal Procedure2
Articles 465(A)(16) and (26), 571.1, and 648(B)(3)(g), R.S. 13:5713(F), R.S. 14:3
43.6(A) and (B)(1), 89, and 89.1, and R.S. 15:536(A), 537, 541(2)(j) and (l) and4
(24)(a), 542(A)(3)(f) and (g), and 571.3(B)(4)(d) and (e), R.S. 40:1299.34.5(B)(3),5
(C), and (E), 1299.35.2(D)(2)(d) and (E), 1299.35.7(B) and (D), and 1300.13(E)(6),6
and to repeal Children's Code Articles 855(B)(7)(f) and 884.1(A)(6), Code of7
Criminal Procedure Article 648(B)(3)(h), R.S. 14:2(B)(40), 78 and 78.1, and R.S.8
15:541(25)(d) and 571.3(B)(3)(i) and (j), relative to sex offenses affecting the9
family; to provide relative to the crimes of incest and crime against nature; to place10
the elements of the crimes of incest and aggravated incest within the definitions of11
crime against nature and aggravated crime against nature, respectively; to provide12
relative to penalties; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. Article 1015(3)(c) of the Children's Code is hereby amended and15
reenacted to read as follows:16
Art. 1015. Grounds17 SB NO. 333
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The grounds for termination of parental rights are:1
* * *2
(3) Misconduct of the parent toward this child or any other child of the3
parent or any other child which constitutes extreme abuse, cruel and inhuman4
treatment, or grossly negligent behavior below a reasonable standard of human5
decency, including but not limited to the conviction, commission, aiding or abetting,6
attempting, conspiring, or soliciting to commit any of the following:7
* * *8
(c) Aggravated incest crime against nature as provided in R.S. 14:89.1(B).9
* * *10
Section 2. Code of Criminal Procedure Articles 465(A)(16) and (26), 571.1, and11
648(B)(3)(g) are hereby amended and reenacted to read as follows:12
Art. 465. Specific indictment forms13
A. The following forms of charging offenses may be used, but any other14
forms authorized by this title may also be used:15
* * *16
16. Crime Against Nature - A.B. committed crime against nature with C.D.,17
his __________________ (state relationship, if any) by18
_______________________ (describe the act).19
* * *20
26. Incest Aggravated Crime Against Nature - A.B. committed incest21
aggravated crime against nature with C.D., his _________________ (state22
relationship, if any) by ______________________ (describe the act).23
* * *24
Art. 571.1. Time limitation for certain sex offenses25
Except as provided by Article 572 of this Chapter, the time within which to26
institute prosecution of the following sex offenses, regardless of whether the crime27
involves force, serious physical injury, death, or is punishable by imprisonment at28
hard labor shall be thirty years: sexual battery (R.S. 14:43.1), second degree sexual29 SB NO. 333
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battery (R.S. 14:43.2), oral sexual battery (R.S. 14:43.3), human trafficking (R.S.1
14:46.2(B)(2) or (3)), trafficking of children for sexual purposes (R.S. 14:46.3),2
felony carnal knowledge of a juvenile (R.S. 14:80), indecent behavior with juveniles3
(R.S. 14:81), pornography involving juveniles (R.S. 14:81.1), molestation of a4
juvenile (R.S. 14:81.2), prostitution of persons under eighteen (R.S. 14:82.1),5
enticing persons into prostitution (R.S. 14:86), crime against nature (R.S. 14:89),6
aggravated crime against nature (R.S. 14:89.1), crime against nature by solicitation7
(R.S. 14:89.2(B)(3)), incest (R.S. 14:78), or aggravated incest (R.S. 14:78.1) which8
that involves a victim under seventeen years of age. This thirty-year period begins9
to run when the victim attains the age of eighteen.10
* * *11
Art. 648. Procedure after determination of mental capacity or incapacity12
* * *13
B. * * *14
(3) If, after the hearing, the court determines that the incompetent defendant15
is unlikely in the foreseeable future to be capable of standing trial, the court shall16
order the defendant released or remanded to the custody of the Department of Health17
and Hospitals which, within ten days exclusive of weekends and holidays, may18
institute civil commitment proceedings pursuant to Title 28 of the Louisiana Revised19
Statutes of 1950, or release the defendant. The defendant shall remain in custody20
pending such civil commitment proceedings. If the defendant is committed to a21
treatment facility pursuant to Title 28 of the Louisiana Revised Statutes of 1950, the22
director of the institution designated for the patient's treatment shall, in writing,23
notify the court and the district attorney when the patient is to be discharged or24
conditionally discharged, as long as the charges are pending. If not dismissed without25
prejudice at an earlier trial, charges against an unrestorable incompetent defendant26
shall be dismissed on the date upon which his sentence would have expired had he27
been convicted and received the maximum sentence for the crime charged, or on the28
date five years from the date of his arrest for such charges, whichever is sooner,29 SB NO. 333
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except for the following charges:1
* * *2
(g) R.S. 14:78 (incest) R.S. 14:89(A)(2) (crime against nature involving3
ascendants or descendants).4
* * *5
Section 3. R.S. 13:5713(F) is hereby amended and reenacted to read as follows:6
§5713. Duty to hold autopsies, investigations, etc.7
* * *8
F. The coroner or his designee shall examine all alleged victims of rape,9
carnal knowledge, sexual battery, incest, and crime against nature when such cases10
are under police investigation.11
* * *12
Section 4. R.S. 14:43.6(A) and (B)(1), 89, and 89.1 are hereby amended and13
reenacted to read as follows:14
§43.6. Administration of medroxyprogesterone acetate (MPA) to certain sex15
offenders16
A. Notwithstanding any other provision of law to the contrary, upon a first17
conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.1 (forcible rape), R.S. 14:43.218
(second degree sexual battery), R.S. 14:78.1 (aggravated incest), R.S. 14:81.2(D)(1)19
(molestation of a juvenile when the victim is under the age of thirteen), and R.S.20
14:89.1 (aggravated crime against nature), the court may sentence the offender to be21
treated with medroxyp rogesterone acetate (MPA), according to a schedule of22
administration monitored by the Department of Public Safety and Corrections.23
B.(1) Notwithstanding any other provision of law to the contrary, upon a24
second or subsequent conviction of R.S. 14:42 (aggravated rape), R.S. 14:42.125
(forcible rape), R.S. 14:43.2 (second degree sexual battery), R.S. 14:78.1 (aggravated26
incest), R.S. 14:81.2(D)(1) (molestation of a juvenile when the victim is under the27
age of thirteen), and R.S. 14:89.1 (aggravated crime against nature), the court shall28
sentence the offender to be treated with medroxyprogesterone acetate (MPA)29 SB NO. 333
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according to a schedule of administration monitored by the Department of Public1
Safety and Corrections.2
* * *3
§89. Crime against nature4
A. Crime against nature includes any of the following:5
(1) The is the unnatural carnal copulation by a human being with another of6
the same sex or opposite sex or with an animal, except that anal sexual intercourse7
between two human beings shall not be deemed as a crime against nature when done8
under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43.9
Emission is not necessary; and, when committed by a human being with another, the10
use of the genital organ of one of the offenders of whatever sex is sufficient to11
constitute the crime.12
(2) The marriage to, or sexual intercourse with, any ascendant or13
descendant, brother or sister, uncle or niece, aunt or nephew, with knowledge14
of their relationship. The relationship must be by consanguinity, but it is15
immaterial whether the parties to the act are related to one another by the16
whole or half blood. This Paragraph shall not constitute a violation of this17
Section where one, not a resident of this state at the time of the celebration of18
his marriage, shall have contracted a marriage lawful at the place of celebration19
and shall thereafter have removed to this state.20
B. Penalties. (1)(a) Whoever violates the provisions of this Section21
Paragraph (A)(1) of this Section shall be fined not more than two thousand dollars,22
imprisoned, with or without hard labor, for not more than five years, or both.23
(2)(b) Whoever violates the provisions of this Section Paragraph (A)(1)24
with a person under the age of eighteen years shall be fined not more than fifty25
thousand dollars, imprisoned at hard labor for not less than fifteen years nor more26
than fifty years, or both.27
(3)(c) Whoever violates the provisions of this Section Paragraph (A)(1) with28
a person under the age of fourteen years shall be fined not more than seventy-five29 SB NO. 333
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thousand dollars, imprisoned at hard labor for not less than twenty-five years nor1
more than fifty years, or both.2
(2)(a) Whoever violates the provisions of Paragraph (A)(2) of this3
Section, where the crime is between an ascendant and descendant, or between4
brother and sister, shall be imprisoned at hard labor for not more than fifteen5
years.6
(b) Whoever violates the provisions of Paragraph (A)(2) of this Section,7
where the crime is between uncle and niece, or aunt and nephew, shall be fined8
not more than one thousand dollars, or imprisoned, with or without hard labor,9
for not more than five years, or both.10
C. It shall be an affirmative defense to prosecution for a violation of this11
Section Paragraph (A)(1) of this Section that, during the time of the alleged12
commission of the offense, the defendant was a victim of trafficking of children for13
sexual purposes as provided in R.S. 14:46.3(E).14
§89.1. Aggravated crime against nature15
A. Aggravated crime against nature is crime against nature committed under16
any one or more of the following circumstances:17
(1) When the victim resists the act to the utmost, but such resistance is18
overcome by force;19
(2) When the victim is prevented from resisting the act by threats of great and20
immediate bodily harm accompanied by apparent power of execution;21
(3) When the victim is prevented from resisting the act because the offender22
is armed with a dangerous weapon; or23
(4) When through idiocy, imbecility, or any unsoundness of mind, either24
temporary or permanent, the victim is incapable of giving consent and the offender25
knew or should have known of such incapacity;26
(5) When the victim is incapable of resisting or of understanding the nature27
of the act, by reason of stupor or abnormal condition of mind produced by a narcotic28
or anesthetic agent, administered by or with the privity of the offender; or when he29 SB NO. 333
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has such incapacity, by reason of a stupor or abnormal condition of mind from any1
cause, and the offender knew or should have known of such incapacity; or2
(6) When the victim is under the age of seventeen years and the offender is3
at least three years older than the victim.4
B.(1) Aggravated crime against nature is engaging in any of the following5
with a person who is under eighteen years of age and who is known to the6
offender to be related to the offender as a child, grandchild of any degree,7
brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece, whether8
biological, step, or adoptive relatives:9
(a) Sexual intercourse, sexual battery, second degree sexual battery,10
carnal knowledge of a juvenile, indecent behavior with juveniles, pornography11
involving juveniles, molestation of a juvenile or a person with a physical or12
mental disability, crime against nature, cruelty to juveniles, parent enticing a13
child into prostitution, or any other involvement of a child in sexual activity14
constituting a crime under the laws of this state.15
(b) Any lewd fondling or touching of the person of either the child or the16
offender, done or submitted to with the intent to arouse or to satisfy the sexual17
desires of either the child, the offender, or both.18
(2) Consent is not a defense under this Subsection.19
B.C. Whoever commits the crime of aggravated crime against nature violates20
the provisions of Subsection A of this Section shall be imprisoned at hard labor for21
not less than three nor more than fifteen years, such prison sentence to be without22
benefit of suspension of sentence, probation or parole.23
D.(1) Except as provided in Paragraph (2) of this Subsection, whoever24
violates the provisions of Subsection B of this Section shall be fined an amount25
not to exceed fifty thousand dollars, or imprisoned, with or without hard labor,26
for a term not less than five years nor more than twenty years, or both.27
(2)(a) Whoever violates the provisions of Subsection B of this Section28
when the victim is under the age of thirteen years and the offender is seventeen29 SB NO. 333
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years of age or older shall be punished by imprisonment at hard labor for not1
less than twenty-five years nor more than ninety-nine years. At least twenty-five2
years of the sentence imposed shall be served without benefit of parole,3
probation, or suspension of sentence.4
(b)(i) Upon completion of the term of imprisonment imposed in5
accordance with Subparagraph (a) of this Paragraph, the offender shall be6
monitored by the Department of Public Safety and Corrections through the use7
of electronic monitoring equipment for the remainder of his natural life.8
(ii) Unless it is determined by the department, pursuant to rules adopted9
in accordance with the provisions of this Subsection, that a sexual offender is10
unable to pay all or any portion of such costs, each sexual offender to be11
electronically monitored shall pay the cost of such monitoring.12
(iii) The costs attributable to the electronic monitoring of an offender13
who has been determined unable to pay shall be borne by the department if, and14
only to, the degree that sufficient funds are made available for such purpose15
whether by appropriation of state funds or from any other source.16
(iv) The department shall develop, adopt, and promulgate rules in the17
manner provided in the Administrative Procedure Act that provide for the18
payment of such costs. Such rules shall contain specific guidelines that shall be19
used to determine the ability of the offender to pay the required costs and shall20
establish the reasonable costs to be charged. Such rules may provide for a21
sliding scale of payment so that an offender who is able to pay a portion, but not22
all, of such costs may be required to pay such portion.23
(3)(a) In addition to any sentence imposed under this Subsection, the24
court shall, after determining the financial resources and future ability of the25
offender to pay, require the offender, if able, to pay the victim's reasonable costs26
of counseling that result from the offense.27
(b) The amount, method, and time of payment shall be determined by the28
court either by ordering that documentation of the offender's financial29 SB NO. 333
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resources and future ability to pay restitution and of the victim's pecuniary loss1
submitted by the victim be included in the presentence investigation and report,2
or the court may receive evidence of the offender's ability to pay and the3
victim's loss at the time of sentencing.4
(c) The court may provide for payment to a victim up to but not in excess5
of the pecuniary loss caused by the offense. The offender may assert any defense6
that he could raise in a civil action for the loss sought to be compensated by the7
restitution order.8
Section 5. R.S. 15:536(A), 537, 541(2)(j) and (l) and (24)(a), 542(A)(3)(f) and (g),9
and 571.3(B)(4)(d) and (e) are hereby amended and reenacted to read as follows:10
§536. Definitions11
A. For purposes of this Chapter, "sexual offender" means a person who has12
violated R.S. 14:78 (incest), R.S. 14:78.1 (aggravated incest), R.S. 14:89 (crime13
against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual14
battery of the infirm) or any provision of Subpart C of Part II, or Subpart A(1) of Part15
V, of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950.16
* * *17
§537. Sentencing of sexual offenders; serial sexual offenders18
A. If a person is convicted of or pleads guilty to, or where adjudication has19
been deferred or withheld for a violation of R.S. 14:78 (incest), R.S. 14:78.120
(aggravated incest), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:8121
(indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles),22
R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental23
disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:89 (crime24
against nature), R.S. 14:89.1 (aggravated crime against nature), R.S. 14:93.5 (sexual25
battery of the infirm), or any provision of Subpart C of Part II of Chapter 1 of Title26
14 of the Louisiana Revised Statutes of 1950, and is sentenced to imprisonment for27
a stated number of years or months, the person shall not be eligible for diminution28
of sentence for good behavior.29 SB NO. 333
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B. The court shall sentence a person who has on two or more occasions1
previously pleaded guilty, nolo contendere, or has been found guilty of violating R.S.2
14:42, 42.1, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 78, 78.1, 80, 81, 81.1, 81.2, 89(A)(2),3
89.1, or 107.1(C)(2) to life imprisonment without the benefit of parole, probation,4
or suspension of sentence.5
* * *6
§541. Definitions7
For the purposes of this Chapter, the definitions of terms in this Section shall8
apply:9
(1) * * *10
(2) "Aggravated offense" means a conviction for the perpetration or11
attempted perpetration of, or conspiracy to commit, any of the following:12
* * *13
(j) Aggravated incest (R.S. 14:78.1) involving sexual intercourse, second14
degree sexual battery, oral sexual battery, or when prosecuted under the provisions15
of R.S. 14:78.1(D)(2) Aggravated crime against nature involving certain16
biological, step, or adoptive relatives (R.S. 14:89.1(B)) involving sexual17
intercourse, second degree sexual battery, oral sexual battery, or when18
prosecuted under the provisions of R.S. 89.1(D)(2).19
* * *20
(l) Aggravated crime against nature (R.S. 14:89.1(A)).21
* * *22
(24)(a) "Sex offense" means deferred adjudication, adjudication withheld, or23
conviction for the perpetration or attempted perpetration of or conspiracy to commit24
human trafficking when prosecuted under the provisions of R.S. 14:46.2(B)(2) or (3),25
R.S. 14:46.3 (trafficking of children for sexual purposes), R.S. 14:78 (incest), R.S.26
14:78.1 (aggravated incest), R.S. 14:89 (crime against nature), R.S. 14:89.127
(aggravated crime against nature), R.S. 14:89.2(B)(3) (crime against nature by28
solicitation), R.S. 14:80 (felony carnal knowledge of a juvenile), R.S. 14:8129 SB NO. 333
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(indecent behavior with juveniles), R.S.14:81.1 (pornography involving juveniles),1
R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental2
disability), R.S. 14:81.3 (computer-aided solicitation of a minor), R.S. 14:81.43
(prohibited sexual conduct between an educator and student), R.S. 14:92(A)(7)4
(contributing to the delinquency of juveniles), R.S. 14:93.5 (sexual battery of the5
infirm), R.S. 14:106(A)(5) (obscenity by solicitation of a person under the age of6
seventeen), R.S. 14:283 (video voyeurism), R.S. 14:41 (rape), R.S. 14:42 (aggravated7
rape), R.S. 14:42.1 (forcible rape), R.S. 14:43 (simple rape), R.S. 14:43.1 (sexual8
battery), R.S. 14:43.2 (second degree sexual battery), R.S. 14:43.3 (oral sexual9
battery), R.S. 14:43.5 (intentional exposure to AIDS virus), or a second or10
subsequent conviction of R.S. 14:283.1 (voyeurism), committed on or after June 18,11
1992, or committed prior to June 18, 1992, if the person, as a result of the offense,12
is under the custody of the Department of Public Safety and Corrections on or after13
June 18, 1992. A conviction for any offense provided in this definition includes a14
conviction for the offense under the laws of another state, or military, territorial,15
foreign, tribal, or federal law which is equivalent to an offense provided for in this16
Chapter, unless the tribal court or foreign conviction was not obtained with sufficient17
safeguards for fundamental fairness and due process for the accused as provided by18
the federal guidelines adopted pursuant to the Adam Walsh Child Protection and19
Safety Act of 2006.20
* * *21
§542. Registration of sex offenders and child predators22
A. The following persons shall be required to register and provide23
notification as a sex offender or child predator in accordance with the provisions of24
this Chapter:25
* * *26
(3) Any juvenile, who has attained the age of fourteen years at the time of27
commission of the offense, who has been adjudicated delinquent based upon the28
perpetration, attempted perpetration, or conspiracy to commit any of the following29 SB NO. 333
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offenses:1
* * *2
(f) Aggravated incest Aggravated crime against nature involving certain3
biological, step, or adoptive relatives (R.S. 14:89.1(B)) involving circumstances4
defined as an "aggravated offense" (R.S. 14:78.1).5
(g) Aggravated crime against nature (R.S. 14:89.1(A)).6
* * *7
§571.3. Diminution of sentence for good behavior8
* * *9
B.(1) * * *10
* * *11
(4) Diminution of sentence shall not be allowed an inmate in the custody of12
the Department of Public Safety and Corrections if the inmate has been convicted13
one or more times under the laws of this state, any other state, or the federal14
government of any one or more of the following crimes or attempts to commit any15
of the following crimes:16
* * *17
(d) Incest Crime against nature involving ascendants or descendants.18
(e) Aggravated incest Aggravated crime against nature involving certain19
biological, step, or adoptive relatives.20
* * *21
Section 6. R.S. 40:1299.34.5(B)(3), (C), and (E), 1299.35.2(D)(2)(d) and (E),22
1299.35.7(B) and (D), and 1300.13(E)(6) are hereby amended and reenacted to read as23
follows:24
§1299.34.5. Use of public funds 25
* * *26
B. Notwithstanding any other provision of law to the contrary, no public27
funds made available to any institution, board, commission, department, agency,28
official, or employee of the state of Louisiana, or of any local political subdivision29 SB NO. 333
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thereof, whether such funds are made available by the government of the United1
States, the state of Louisiana, or a local governmental subdivision, or from any other2
public source, shall be used in any way for, to assist in, or to provide facilities for an3
abortion, except for any of the following:4
* * *5
(3) Whenever the abortion is being sought to terminate a pregnancy resulting6
from an alleged act of incest crime against nature as provided in R.S. 14:89(A)(2)7
and all of the requirements of R.S. 40:1299.35.7(B) are met.8
C. The secretary of the Department of Health and Hospitals shall promulgate9
rules to insure that no funding of any abortion shall be made based upon a claim of10
rape or incest crime against nature as provided in R.S. 14:89(A)(2) until the11
applicable requirements of R.S. 40:1299.35.7 have been complied with and written12
verification has been obtained from the physician performing the abortion and from13
the law enforcement official to whom the report is made, if applicable.14
* * *15
E. If Subsections B and C and R.S. 40:1299.35.7 become effective and16
subsequently the federal requirement for acceptance of Medicaid funds, that public17
funds be made available for abortions resulting from pregnancy due to rape or incest18
crime against nature as provided in R.S. 14:89(A)(2), is no longer applicable to19
the state of Louisiana, then on the same day, the provisions of Subsections B and C20
and R.S. 40:1299.35.7 shall be superseded and the provisions of Subsection A shall21
be effective to the fullest extent allowed by law.22
* * *23
§1299.35.2. Abortion by physician; determination of viability; ultrasound test24
required; exceptions; penalties25
* * *26
D. * * *27
(2) Requirements. At least twenty-four hours prior to the woman having any28
part of an abortion performed or induced, and prior to the administration of any29 SB NO. 333
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anesthesia or medication in preparation for the abortion on the woman, the physician1
who is to perform the abortion or a qualified person who is the physician's agent2
shall comply with all of the following requirements:3
* * *4
(d) Prior to the ultrasound, obtain from the pregnant woman a copy of a5
completed, signed, and dated election form. The election form shall be produced and6
made available by the department, and shall state as follows:7
"Ultrasound Before Abortion Notice and Election Form8
Louisiana law requires an ultrasound examination prior to the performance of an9
abortion. By signing below, I certify that I understand the following:10
(1)I have the option to look at or look away from the ultrasound display at any11
time.12
(2)I have the option to listen to the heartbeat of the unborn child that is required13
to be made audible unless I decline by initialing here: ________________.14
(3)I am required by law to hear an oral explanation of the ultrasound images,15
unless I certify below that I am pregnant due to an act of rape or incest crime16
against nature as provided in R.S. 14:89(A)(2).17
(4)I have the option to ask and receive answers to any questions about the18
images of the unborn child.19
(5)I have the option to ask for an ultrasound photographic print depicting the20
unborn child.21
_____________________ _____________________22
Signature Date23
OPTION FOR WOMEN WHO HAVE FILED LAW ENFORCEMENT REPORTS:24
I certify that I have reported an act of rape or incest crime against nature as25
provided in R.S. 14:89(A)(2) to law enforcement officials, and that I decline to hear26
an oral explanation of the ultrasound images.27
_____________________ _____________________28
Signature Date29 SB NO. 333
SLS 14RS-395 ENGROSSED
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words in boldface type and underscored are additions.
* * *1
E. Pregnant rape survivors or victims of incest crime against nature as2
provided in R.S. 14:89(A)(2) who have reported the act to law enforcement officials3
shall have the opportunity to opt out of the oral explanation provisions of4
Subparagraph D(2)(b) of this Section, in addition to having the same options to view5
or listen to the required medical information as provided in Paragraph D(3) of this6
Section.7
* * *8
§1299.35.7. Abortion sought due to rape or incest crime against nature; reporting9
and certification10
* * *11
B. Whenever an abortion is being sought pursuant to R.S. 40:1299.34.5 to12
terminate a pregnancy resulting from an alleged act of incest, prior to the abortion13
all of the following requirements shall be met:14
(1) The victim of incest crime against nature as provided in R.S.15
14:89(A)(2) shall report the act of incest to a law enforcement official unless the16
treating physician certifies in writing that in the physician's professional opinion the17
victim was too physically or psychologically incapacitated to report the incest.18
(2) The victim certifies that the pregnancy is the result of incest crime19
against nature as provided in R.S. 14;89(A)(2), which certificate shall be20
witnessed by the treating physician.21
* * *22
D. Whenever an abortion is being sought pursuant to R.S. 40:1299.34.5 to23
terminate a pregnancy resulting from an alleged act of rape or incest crime against24
nature as provided in R.S. 14:89(A)(2), the victim may request spiritual counseling25
and shall be offered the same informed consent information, without the twenty-four-26
hour delay, contained in R.S. 40:1299.35.6(B), prior to the performance of the27
abortion.28
* * *29 SB NO. 333
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words in boldface type and underscored are additions.
§1300.13. HIV-related testing; consent; exceptions1
* * *2
E. The provisions of Subsections A through D shall not apply to the3
performance of an HIV-related test:4
* * *5
(6) On any person who has been arrested, indicted, or convicted for the6
crimes of aggravated rape, forcible rape, simple rape, or incest crime against nature7
as provided in R.S. 14:89(A)(2) when required by a court to undergo an HIV-8
related test.9
* * *10
Section 7. Children's Code Articles 855(B)(7)(f) and 884.1(A)(6), Code of Criminal11
Procedure Article 648(B)(3)(h), R.S. 14:2(B)(40), 78 and 78.1 and R.S. 15:541(25)(d) and12
571.3(B)(3)(i) and (j) are hereby repealed in their entirety.13
Section 8. This Act shall become effective upon signature by the governor or, if not14
signed by the governor, upon expiration of the time for bills to become law without signature15
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If16
vetoed by the governor and subsequently approved by the legislature, this Act shall become17
effective on the day following such approval.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Johns (SB 333)
Present law defines and provides penalties relative to the crimes of incest, aggravated incest,
crime against nature, and aggravated crime against nature.
Proposed law repeals the named present law crimes of "incest" and "aggravated incest" and
places those crimes' elements and penalties under "crime against nature" and "aggravated
crime against nature", respectively.
Proposed law otherwise retains all present law relative to the crimes of incest and aggravated
incest.
Present law references the present law crimes of incest and aggravated incest in various
provisions relative to the time limitation for prosecuting certain sex offenses, sentencing and
registration of sex offenders, criminal procedure, determination of mental capacity or
incapacity, diminution of sentence, grounds for termination of parental rights, a coroner's
duties relative to certain crimes and crime victims, and the use of public funds for certain SB NO. 333
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words in boldface type and underscored are additions.
purposes.
Proposed law changes these references in present law from "incest" and "aggravated incest"
to "crime against nature" or "aggravated crime against nature" or deletes present law in its
entirety as appropriate in the context of present law.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Ch. Art. 1015(3)(c), C.Cr.P. Art. 465(A)(16) and (26), 571.1, and 648(B)(3)(g),
R.S. 13:5713(F), R.S. 14:43.6(A) and (B)(1), 89, and 89.1, and R.S. 15:536(A), 537,
541(2)(j) and (l) and (24)(a), 542(A)(3)(f) and (g), and 571.3(B)(4)(d) and (e), R.S.
40:1299.34.5(B)(3), (C), and (E), 1299.35.2(D)(2)(d) and (E), 1299.35.7(B) and (D), and
1300.13(E)(6); repeals Ch.C. Art. 855(B)(7)(f) and 884.1(A)(6), C.Cr. P. Art. 648(B)(3)(h),
R.S. 14:2(B)(40), 78 and 78.1, and R.S. 15:541(25)(d) and 571.3(B)(3)(i) and (j))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Deletes references to "incest" and "aggravated incest" from additional
provisions of present law.