RDCSB117 2697 2956
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 117 Reengrossed 2015 Regular Session Gary Smith
Present law provides for the crimes of aggravated rape, forcible rape, and simple rape.
Proposed law does all of the following:
(1)Changes the name of the offense of aggravated rape to first degree rape, the offense
of forcible rape to second degree rape, and the offense of simple rape to third degree
rape.
(2)Provides that any reference to the crime of "aggravated rape" is the same as a
reference to the crime of "first degree rape", any reference to the crime of "forcible
rape" is the same as a reference to the crime of "second degree rape", and any
reference to the crime of "simple rape" is the same as a reference to the crime of
"third degree rape".
(3)Amends provisions in the Children's Code and Title 15 regarding sex offender
registration and notification to reflect the proposed law change in reference of
"aggravated rape" to "first degree rape", of "forcible rape" to "second degree rape",
and of "simple rape" to "third degree rape".
(4)Provides that nothing in proposed law alleviates any person arrested, convicted, or
adjudicated delinquent of present law aggravated rape, forcible rape, or simple rape
prior to the effective date of proposed law from any requirement, obligation, or
consequence imposed by law as a result of that arrest, conviction, or adjudication
including but not limited to any requirements regarding the setting of bail, sex
offender registration and notification, parental rights, probation, parole, sentencing,
or any other requirement, obligation, or consequence imposed by law as a result of
that arrest, conviction, or adjudication.
(5)Provides that any act in violation of the present law crime of simple rape, forcible
rape, or aggravated rape committed on or after Aug. 1, 2015, shall be referred to
using terminology provided in proposed law - "third degree rape", "second degree
rape", or "first degree rape", respectively.
(6)Directs the La. Louisiana State Law Institute to change any and all references to the
crimes of "aggravated rape", "forcible rape", and "simple rape" in present law to
reflect the changes made in proposed law.
Present law provides that simple rape (referred to as "third degree rape" pursuant to proposed
law) is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be
without the lawful consent of a victim because it is committed under certain circumstances
including when the female victim submits under the belief that the person committing the
act is her husband and such belief is intentionally induced by any artifice, pretense, or
concealment practiced by the offender. Present law provides that whoever commits the
crime of simple rape shall be imprisoned, with or without hard labor, without benefit of
parole, probation, or suspension of sentence, for up to 25 years.
With regard to simple rape, proposed law does all of the following:
(1)Amends present law to provide that simple rape is a rape committed when the victim,
whether male or female, submits under the belief that the person committing the act
is someone known to the victim, other than the offender.
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(2)Expands present law ro provide that simple rape is committed when the offender acts
without the consent of the victim.
(3)Amends present law penalties to require the term of imprisonment to be served at
hard labor.
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 certain circumstances occur including when the
act is consensual but the other person, who is not the spouse of the offender, has not yet
attained fifteen years of age and is at least three years younger than the offender.
Proposed law amends this provision of present law to remove the reference to consensual
acts but retains the provision which provides that sexual battery can occur when the victim
has not yet attained the age of 15 and is at least three years younger than the offender.
Further adds that the prohibited touching can occur directly or through clothing.
Proposed law creates the crime of misdemeanor sexual battery and does all of the following:
(1)Defines the crime as the intentional touching of the breasts or buttocks of the victim
by the offender, or of the offender by the victim, using any instrumentality or any
part of the body of the offender, directly or through clothing, when the offender acts
without the consent of the victim.
(2)Provides penalties of a fine up to $1,000, imprisonment for up to six months, or both.
(3)Provides that the offender shall not be eligible to have his conviction set aside or
prosecution dismissed pursuant to present law (C.Cr.P. Art. 894).
(4)Provides that the offender shall not be subject to any provisions of law that are
applicable to sex offenders, including but not limited to any provision that requires
registration of the offender or notice to the public.
(Amends R.S. 14:42(A)(intro. para.) and(D)(1), 42.1, 43, and 43.1(A), R.S. 15:541(2)(a), (b),
and (c) and (24)(a) and 542(A)(2) and (3)(a) and (b), and Ch.C. Art. 884.1(A)(1) and (2);
Adds R.S. 14:42(E) and 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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Add provisions which provide that any reference to the crime of "aggravated
rape" is the same as a reference to the crime of "first degree rape", any reference
to the crime of "forcible rape" is the same as a reference to the crime of "second
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degree rape", and any reference to the crime of "simple rape" is the same as a
reference to the crime of "third degree rape".
2. Add a provision which provides that nothing in proposed law alleviates any
person arrested, convicted, or adjudicated delinquent of present law aggravated
rape, forcible rape, or simple rape prior to the effective date of proposed law
from any requirement, obligation, or consequence imposed by law as a result of
that arrest, conviction, or adjudication.
3. Add a requirement that any act in violation of any present law rape statute
committed on or after Aug. 1, 2015, shall be referred to using the terminology
provided in proposed law - first degree, second degree, or third degree rape.
4. Amend a provision in the Children's Code relative to sex offender registration
and notification to reflect the change in terminology of rape statutes as provided
in proposed law.
5. Make technical changes.
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