The original instrument was prepared by Alden A. Clement, Jr. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Mary
Dozier O'Brien.
DIGEST
SB 117 Reengrossed 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.
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.
Relative to registration sex offenders, proposed law includes an effective date of occurrence of the
offense such that the terms "first degree rape", "second degree rape", and "third degree rape" apply
only to occurrences on or after August 1, 2015.
Proposed law adds the terms "first degree rape", "second degree rape", and "third degree rape" to the
enumeration of "sexual offenses" in the present law.
Proposed law provides that those found guilty of "first degree rape", "second degree rape", and "third
degree rape" shall be subject to the requirement to register as a sex offender or a child predator.
Proposed law amends the Children's Code to provide for children who admit an allegation or are
adjudicated delinquent based upon the offense of "first degree rape" or "second degree rape" shall
be informed of the requirements for registration as a sex offender.
Effective August 1, 2015.
(Amends R.S. 14:42(A)(intro para) and 42(D)(1), 42.1, 43, and 43.1(A), R.S. 15:541(2)(a), (b) and
(c) and (24)(a) and 542(A)(3)(a) and (b), and Children's Code Art. 884.1(A)(1) and (2); 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.
Senate Floor Amendments to engrossed bill
1. Revises present law regarding registration of sex offenders to include proposed law.