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2015 Regular Session
SENATE BILL NO. 117
BY SENATORS GARY SMITH, MILLS AND MORRELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SEX OFFENSES. Provides relative to certain sex offenses. (8/1/15)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 14:42(A) and 42(D)(1), 42.1, 43,
3 and 43.1(A), and to enact R.S. 14:43.1.1, relative to sex offenses; to rename the
4 crimes of "aggravated rape", "forcible rape", and "simple rape" to "first degree rape",
5 "second degree rape", and "third degree rape", respectively; to provide relative to the
6 elements of the crime of sexual battery; to create the crime of misdemeanor sexual
7 battery; to provide for penalties; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. The introductory paragraph of R.S. 14:42(A) and 42(D)(1), 42.1, 43, and
10 43.1(A) are hereby amended and reenacted, and R.S. 14:43.1.1 is hereby enacted to read as
11 follows:
12 §42. Aggravated First degree rape
13 A. Aggravated First degree rape is a rape committed upon a person sixty-
14 five years of age or older or where the anal, oral, or vaginal sexual intercourse is
15 deemed to be without lawful consent of the victim because it is committed under any
16 one or more of the following circumstances:
17 * * *
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1 D.(1) Whoever commits the crime of aggravated first degree rape shall be
2 punished by life imprisonment at hard labor without benefit of parole, probation, or
3 suspension of sentence.
4 * * *
5 §42.1. Forcible Second degree rape
6 A. Forcible Second degree rape is rape committed when the anal, oral, or
7 vaginal sexual intercourse is deemed to be without the lawful consent of the victim
8 because it is committed under any one or more of the following circumstances:
9 (1) When the victim is prevented from resisting the act by force or threats of
10 physical violence under circumstances where the victim reasonably believes that
11 such resistance would not prevent the rape.
12 (2) When the victim is incapable of resisting or of understanding the nature
13 of the act by reason of stupor or abnormal condition of the mind produced by a
14 narcotic or anesthetic agent or other controlled dangerous substance administered by
15 the offender and without the knowledge of the victim.
16 B. Whoever commits the crime of forcible second degree rape shall be
17 imprisoned at hard labor for not less than five nor more than forty years. At least
18 two years of the sentence imposed shall be without benefit of probation, parole, or
19 suspension of sentence.
20 §43. Simple Third degree rape
21 A. Simple Third degree rape is a rape committed when the anal, oral, or
22 vaginal sexual intercourse is deemed to be without the lawful consent of a victim
23 because it is committed under any one or more of the following circumstances:
24 (1) When the victim is incapable of resisting or of understanding the nature
25 of the act by reason of a stupor or abnormal condition of mind produced by an
26 intoxicating agent or any cause and the offender knew or should have known of the
27 victim's incapacity.
28 (2) When the victim, through unsoundness of mind, is temporarily or
29 permanently incapable of understanding the nature of the act and the offender knew
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1 or should have known of the victim's incapacity.
2 (3) When the female victim submits under the belief that the person
3 committing the act is her husband someone known to the victim, other than the
4 offender, and such belief is intentionally induced by any artifice, pretense, or
5 concealment practiced by the offender.
6 (4) When the offender acts without the consent of the victim.
7 B. Whoever commits the crime of simple third degree rape shall be
8 imprisoned, with or without at hard labor, without benefit of parole, probation, or
9 suspension of sentence, for not more than twenty-five years.
10 §43.1. Sexual battery
11 A. Sexual battery is the intentional touching of the anus or genitals of the
12 victim by the offender using any instrumentality or any part of the body of the
13 offender, directly or through clothing, or the touching of the anus or genitals of the
14 offender by the victim using any instrumentality or any part of the body of the
15 victim, directly or through clothing, when any of the following occur:
16 (1) The offender acts without the consent of the victim.
17 (2) The act is consensual but the other person, who is not the spouse of the
18 offender, victim has not yet attained fifteen years of age and is at least three years
19 younger than the offender.
20 (3) The offender is seventeen years of age or older and any of the following
21 exist:
22 (a) The act is without consent of the victim, and the victim is prevented from
23 resisting the act because either of the following conditions exist:
24 (i) The victim has paraplegia, quadriplegia, or is otherwise physically
25 incapable of preventing the act due to a physical disability.
26 (ii) The victim is incapable, through unsoundness of mind, of understanding
27 the nature of the act, and the offender knew or should have known of the victim's
28 incapacity.
29 (b) The act is without consent of the victim, and the victim is sixty-five years
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1 of age or older.
2 * * *
3 §43.1.1. Misdemeanor sexual battery
4 A. Misdemeanor sexual battery is the intentional touching of the breasts
5 or buttocks of the victim by the offender using any instrumentality or any part
6 of the body of the offender, directly or through clothing, or the intentional
7 touching of the breasts or buttocks of the offender by the victim using any
8 instrumentality or any part of the body of the victim, directly or through
9 clothing, when the offender acts without the consent of the victim.
10 B. Whoever commits the crime of misdemeanor sexual battery shall be
11 fined not more than one thousand dollars, or imprisoned for not more than six
12 months, or both.
13 C. The offender shall not be eligible to have his conviction set aside and
14 his prosecution dismissed in accordance with Code of Criminal Procedure
15 Article 894.
16 D. The offender shall not be subject to any provisions of law that are
17 applicable to sex offenders, including but not limited to any provision that
18 requires the registration of the offender and notice to the public.
19 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
20 change any and all references to the crimes of "aggravated rape", "forcible rape", and
21 "simple rape" in current law, not already amended by Section 1 of this Act, in the manner
22 it deems appropriate in order to make those provisions consistent with the provisions of
23 Section 1 of this Act.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 117 Engrossed 2015 Regular Session Gary Smith
Present law provides relative to the crimes of aggravated rape, forcible rape, and simple
rape.
Proposed law renames the crime of aggravated rape, forcible rape, and simple rape to "first
degree rape", "second degree rape", and "third degree rape", respectively.
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Proposed law adds that third degree rape is committed when the offender acts without the
consent of the victim.
Proposed law changes a possible penalty for third degree rape from imprisonment with or
without hard labor to imprisonment at hard labor.
Proposed law otherwise retains present law.
Present law provides that sexual battery is the intentional touching of the anus or genitals of
the victim by the offender using any instrumentality or any part of the body of the offender,
or the touching of the anus or genitals of the offender by the victim using any instrumentality
or any part of the body of the victim, when any of the following occur:
(1)The offender acts without the consent of the victim.
(2)The act is consensual but the other person, who is not the spouse of the offender, has
not yet attained 15 years of age and is at least three years younger than the offender.
(3)The offender is 17 years of age or older and any of the following exist:
(a)The act is without consent of the victim, and the victim is prevented from
resisting the act because either of the following conditions exist:
(i)The victim has paraplegia, quadriplegia, or is otherwise physically
incapable of preventing the act due to a physical disability.
(ii)The victim is incapable, through unsoundness of mind, of
understanding the nature of the act, and the offender knew or should
have known of the victim's incapacity.
(b)The act is without consent of the victim, and the victim is 65 years of age or
older.
Proposed law retains present law and adds that the prohibited touching can occur directly or
through clothing.
Proposed law creates the crime of misdemeanor sexual battery.
Proposed law provides that misdemeanor sexual battery is the intentional touching of the
breasts or buttocks of the victim by the offender using any instrumentality or any part of the
body of the offender, directly or through clothing, or the intentional touching of the breasts
or buttocks of the offender by the victim using any instrumentality or any part of the body
of the victim, directly or through clothing, when the offender acts without the consent of the
victim.
Proposed law provides that misdemeanor sexual battery is punishable by a fine of up to
$1,000, or imprisonment for up to six months, or both. Proposed law further provides that
an offender convicted of misdemeanor sexual battery cannot have his conviction set aside
and prosecution dismissed in accordance with certain provisions of present law. Proposed
law further provides that an offender convicted of misdemeanor sexual battery is not subject
to any provisions of present law that are applicable exclusively to sex offenders, including
but not limited to provisions of present law that require the registration of the offender and
notice to the public.
Proposed law authorizes and directs the La. Law Institute to change all references to the
crimes of "aggravated rape", "forcible rape", and "simple rape" in present law, not already
amended by proposed law, in the manner it deems appropriate in order to make those
provisions consistent with the provisions of proposed law.
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Effective August 1, 2015.
(Amends R.S. 14:42(A)(intro para) and 42(D)(1), 42.1, 43, and 43.1(A); adds R.S. 14:43.1.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Adds that third degree rape under proposed law is committed when the
offender acts without the consent of the victim.
2. Changes a possible penalty for third degree rape from imprisonment with or
without hard labor to imprisonment at hard labor.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.