2015 Regular Session ENROLLED
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.
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 14:42(A) and (D)(1), 42.1, 43, and
3 43.1(A), R.S. 15:541(2)(a), (b), and (c) and(24)(a) and 542(A)(2) and (3)(a) and (b),
4 and Children's Code Art. 884.1(A)(1) and (2), and to enact R.S. 14:42(E) and 43.1.1,
5 relative to sex offenses; to rename the crimes of "aggravated rape", "forcible rape",
6 and "simple rape" to "first degree rape", "second degree rape", and "third degree
7 rape", respectively; to provide relative to the elements of the crime of sexual battery;
8 to provide for transitional phrasing; to create the crime of misdemeanor sexual
9 battery; to provide for penalties; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. The introductory paragraph of R.S. 14:42(A) and (D(1), 42.1, 43, and
12 43.1(A) are hereby amended and reenacted, and R.S. 14:42(E) and 43.1.1 are hereby enacted
13 to read as follows:
14 §42. Aggravated First degree rape
15 A. Aggravated First degree rape is a rape committed upon a person sixty-
16 five years of age or older or where the anal, oral, or vaginal sexual intercourse is
17 deemed to be without lawful consent of the victim because it is committed under any
18 one or more of the following circumstances:
19 * * *
20 D.(1) Whoever commits the crime of aggravated first degree rape shall be
21 punished by life imprisonment at hard labor without benefit of parole, probation, or
22 suspension of sentence.
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1 * * *
2 E. For all purposes, "aggravated rape" and "first degree rape" mean
3 the offense defined by the provisions of this Section and any reference to the
4 crime of aggravated rape is the same as a reference to the crime of first degree
5 rape. Any act in violation of the provisions of this Section committed on or after
6 August 1, 2015, shall be referred to as "first degree rape".
7 §42.1. Forcible Second degree rape
8 A. Forcible Second degree rape is rape committed when the anal, oral, or
9 vaginal sexual intercourse is deemed to be without the lawful consent of the victim
10 because it is committed under any one or more of the following circumstances:
11 (1) When the victim is prevented from resisting the act by force or threats of
12 physical violence under circumstances where the victim reasonably believes that
13 such resistance would not prevent the rape.
14 (2) When the victim is incapable of resisting or of understanding the nature
15 of the act by reason of stupor or abnormal condition of the mind produced by a
16 narcotic or anesthetic agent or other controlled dangerous substance administered by
17 the offender and without the knowledge of the victim.
18 B. Whoever commits the crime of forcible second degree rape shall be
19 imprisoned at hard labor for not less than five nor more than forty years. At least
20 two years of the sentence imposed shall be without benefit of probation, parole, or
21 suspension of sentence.
22 C. For all purposes, "forcible rape" and "second degree rape" mean the
23 offense defined by the provisions of this Section and any reference to the crime
24 of forcible rape is the same as a reference to the crime of second degree rape.
25 Any act in violation of the provisions of this Section committed on or after
26 August 1, 2015, shall be referred to as "second degree rape".
27 §43. Simple Third degree rape
28 A. Simple Third degree rape is a rape committed when the anal, oral, or
29 vaginal sexual intercourse is deemed to be without the lawful consent of a victim
30 because it is committed under any one or more of the following circumstances:
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1 (1) When the victim is incapable of resisting or of understanding the nature
2 of the act by reason of a stupor or abnormal condition of mind produced by an
3 intoxicating agent or any cause and the offender knew or should have known of the
4 victim's incapacity.
5 (2) When the victim, through unsoundness of mind, is temporarily or
6 permanently incapable of understanding the nature of the act and the offender knew
7 or should have known of the victim's incapacity.
8 (3) When the female victim submits under the belief that the person
9 committing the act is her husband someone known to the victim, other than the
10 offender, and such belief is intentionally induced by any artifice, pretense, or
11 concealment practiced by the offender.
12 (4) When the offender acts without the consent of the victim.
13 B. Whoever commits the crime of simple third degree rape shall be
14 imprisoned, with or without at hard labor, without benefit of parole, probation, or
15 suspension of sentence, for not more than twenty-five years.
16 C. For all purposes, "simple rape" and "third degree rape" mean the
17 offense defined by the provisions of this Section and any reference to the crime
18 of simple rape is the same as a reference to the crime of third degree rape. Any
19 act in violation of the provisions of this Section committed on or after August
20 1, 2015, shall be referred to as "third degree rape".
21 §43.1. Sexual battery
22 A. Sexual battery is the intentional touching of the anus or genitals of the
23 victim by the offender using any instrumentality or any part of the body of the
24 offender, directly or through clothing, or the touching of the anus or genitals of the
25 offender by the victim using any instrumentality or any part of the body of the
26 victim, directly or through clothing, when any of the following occur:
27 (1) The offender acts without the consent of the victim.
28 (2) The act is consensual but the other person, who is not the spouse of the
29 offender, victim has not yet attained fifteen years of age and is at least three years
30 younger than the offender.
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1 (3) The offender is seventeen years of age or older and any of the following
2 exist:
3 (a) The act is without consent of the victim, and the victim is prevented from
4 resisting the act because either of the following conditions exist:
5 (i) The victim has paraplegia, quadriplegia, or is otherwise physically
6 incapable of preventing the act due to a physical disability.
7 (ii) The victim is incapable, through unsoundness of mind, of understanding
8 the nature of the act, and the offender knew or should have known of the victim's
9 incapacity.
10 (b) The act is without consent of the victim, and the victim is sixty-five years
11 of age or older.
12 * * *
13 §43.1.1. Misdemeanor sexual battery
14 A. Misdemeanor sexual battery is the intentional touching of the breasts
15 or buttocks of the victim by the offender using any instrumentality or any part
16 of the body of the offender, directly or through clothing, or the intentional
17 touching of the breasts or buttocks of the offender by the victim using any
18 instrumentality or any part of the body of the victim, directly or through
19 clothing, when the offender acts without the consent of the victim.
20 B. Whoever commits the crime of misdemeanor sexual battery shall be
21 fined not more than one thousand dollars, or imprisoned for not more than six
22 months, or both.
23 C. The offender shall not be eligible to have his conviction set aside and
24 his prosecution dismissed in accordance with Code of Criminal Procedure
25 Article 894.
26 D. The offender shall not be subject to any provisions of law that are
27 applicable to sex offenders, including but not limited to any provision that
28 requires the registration of the offender and notice to the public.
29 Section 2. R.S. 15:541(2)(a), (b), and (c) and (24)(a) and 542(A)(2) and (3)(a) and
30 (b) are hereby amended and reenacted to read as follows:
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1 §541. Definitions
2 For the purposes of this Chapter, the definitions of terms in this Section shall
3 apply:
4 * * *
5 (2) "Aggravated offense" means a conviction for the perpetration or
6 attempted perpetration of, or conspiracy to commit, any of the following:
7 (a)(i) Aggravated rape (R.S. 14:42), which occurred prior to August 1,
8 2015, and which shall include convictions for the perpetration or attempted
9 perpetration of, or conspiracy to commit, aggravated oral sexual battery (formerly
10 R.S. 14:43.4, Repealed by Acts 2001, No. 301, §2) occurring prior to August 15,
11 2001.
12 (ii) First degree rape (R.S. 14:42), which occurred on or after August 1,
13 2015.
14 (b)(i) Forcible rape (R.S. 14:42.1) which occurred prior to August 1, 2015.
15 (ii) Second degree rape (R.S. 14:42.1) which occurred on or after August
16 1, 2015.
17 (c)(i) Simple rape under the provisions of R.S. 14:43(A)(1) and (2) which
18 occurred prior to August 1, 2015.
19 (ii) Third degree rape under the provisions of R.S. 14:43(A)(1) and (2)
20 which occurred on or after August 1, 2015.
21 * * *
22 (24)(a) "Sex offense" means deferred adjudication, adjudication withheld,
23 or conviction for the perpetration or attempted perpetration of or conspiracy to
24 commit human trafficking when prosecuted under the provisions of R.S.
25 14:46.2(B)(2), R.S. 14:46.3 (trafficking of children for sexual purposes), R.S. 14:89
26 (crime against nature), R.S. 14:89.1 (aggravated crime against nature), R.S.
27 14:89.2(B)(3) (crime against nature by solicitation), R.S. 14:80 (felony carnal
28 knowledge of a juvenile), R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1
29 (pornography involving juveniles), R.S. 14:81.2 (molestation of a juvenile or a
30 person with a physical or mental disability), R.S. 14:81.3 (computer-aided
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1 solicitation of a minor), R.S. 14:81.4 (prohibited sexual conduct between an educator
2 and student), R.S. 14:82.1 (prostitution; persons under eighteen), R.S. 14:82.2(C)(4)
3 and (5) (purchase of commercial sexual activity), R.S. 14:92(A)(7) (contributing to
4 the delinquency of juveniles), R.S. 14:93.5 (sexual battery of the infirm), R.S.
5 14:106(A)(5) (obscenity by solicitation of a person under the age of seventeen), R.S.
6 14:283 (video voyeurism), R.S. 14:41 (rape), R.S. 14:42 (aggravated or first degree
7 rape), R.S. 14:42.1 (forcible or second degree rape), R.S. 14:43 (simple or third
8 degree rape), R.S. 14:43.1 (sexual battery), R.S. 14:43.2 (second degree sexual
9 battery), R.S. 14:43.3 (oral sexual battery), R.S. 14:43.5 (intentional exposure to
10 AIDS virus), or a second or subsequent conviction of R.S. 14:283.1 (voyeurism),
11 committed on or after June 18, 1992, or committed prior to June 18, 1992, if the
12 person, as a result of the offense, is under the custody of the Department of Public
13 Safety and Corrections on or after June 18, 1992. A conviction for any offense
14 provided in this definition includes a conviction for the offense under the laws of
15 another state, or military, territorial, foreign, tribal, or federal law which is equivalent
16 to an offense provided for in this Chapter, unless the tribal court or foreign
17 conviction was not obtained with sufficient safeguards for fundamental fairness and
18 due process for the accused as provided by the federal guidelines adopted pursuant
19 to the Adam Walsh Child Protection and Safety Act of 2006.
20 * * *
21 §542. Registration of sex offenders and child predators
22 A. The following persons shall be required to register and provide
23 notification as a sex offender or child predator in accordance with the provisions of
24 this Chapter:
25 * * *
26 (2) Any juvenile who has pled guilty or has been convicted of a sex offense
27 or second degree kidnapping as provided for in Children's Code Article 305 or 857,
28 with the exception of simple or third degree rape but including any conviction for
29 an offense under the laws of another state, or military, territorial, foreign, tribal, or
30 federal law which is equivalent to the offenses listed herein for which a juvenile
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1 would have to register; and
2 (3) Any juvenile, who has attained the age of fourteen years at the time of
3 commission of the offense, who has been adjudicated delinquent based upon the
4 perpetration, attempted perpetration, or conspiracy to commit any of the following
5 offenses:
6 (a) Aggravated or first degree rape (R.S. 14:42), which shall include those
7 that have been adjudicated delinquent based upon the perpetration, attempted
8 perpetration, or conspiracy to commit aggravated oral sexual battery (formerly R.S.
9 14:43.4, Repealed by Acts 2001, No. 301, §2) occurring prior to August 15, 2001.
10 (b) Forcible or second degree rape (R.S. 14:42.1).
11 * * *
12 Section 3. Children's Code Art. 884.1(A)(1) and (2) is hereby amended and
13 reenacted to read as follows:
14 Art. 884.1. Informing the child of sex offender registration and notification
15 requirements; form
16 A. When the child has admitted the allegations of the petition or when
17 adjudicated delinquent for any of the following offenses, the court shall provide him
18 with written notice of the requirements for registration as a sex offender:
19 (1) Aggravated or first degree rape as defined in R.S. 14:42.
20 (2) Forcible or second degree rape as defined in R.S. 14:42.1.
21 * * *
22 Section 4. The Louisiana State Law Institute is hereby authorized and directed to
23 change any and all references to the crimes of "aggravated rape", "forcible rape", and
24 "simple rape" in current law, not already amended by Sections 1, 2 and 3 of this Act, in the
25 manner it deems appropriate in order to make those provisions consistent with the provisions
26 of Sections 1, 2 and 3 of this Act.
27 Section 5. Nothing in this Act alleviates any person arrested, convicted, or
28 adjudicated delinquent of aggravated rape, forcible rape, or simple rape prior to the effective
29 date of this Act from any requirement, obligation, or consequence imposed by law as a result
30 of that arrest, conviction, or adjudication including but not limited to any requirements
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1 regarding the setting of bail, sex offender registration and notification, parental rights,
2 probation, parole, sentencing, or any other requirement, obligation, or consequence imposed
3 by law as a result of that arrest, conviction, or adjudication.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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