HLS 16RS-2015 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 992
BY REPRESENTATIVE CONNICK
CRIME/SEX OFFENSES: Amends certain definitions for purposes of sex offender
registration and notification requirements
1 AN ACT
2To amend and reenact R.S. 15:541(2)(c), (k) through (q) and (25)(n) and to enact R.S.
3 15:541(2)(r) and (25)(o), relative to the registration of sex offenders; to provide
4 relative to registration and notification requirements imposed on sex offenders; to
5 amend the definitions of "aggravated offense" and "sexual offense against a victim
6 who is a minor"; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:541(2)(c), (k) through (q) and (25)(n) are hereby amended and
9reenacted and R.S. 15:541(2)(r) and (25)(o) are hereby enacted to read as follows:
10 ยง541. Definitions
11 For the purposes of this Chapter, the definitions of terms in this Section shall
12 apply:
13 * * *
14 (2) "Aggravated offense" means a conviction for the perpetration or
15 attempted perpetration of, or conspiracy to commit, any of the following:
16 * * *
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) which
20 occurred on or after August 1, 2015.
21 * * *
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HB NO. 992
1 (k) Crime against nature when prosecuted under the provisions of R.S.
2 14:89(B)(2) or (3).
3 (k)(l) Molestation of a juvenile or a person with a physical or mental
4 disability prosecuted under the provisions of R.S. 14:81.2(C)(1), (D)(1), or (D)(2).
5 (l)(m) Aggravated crime against nature (R.S. 14:89.1(A)(1)).
6 (m)(n) Sexual battery of persons with infirmities (R.S. 14:93.5).
7 (n)(o) Trafficking of children for sexual purposes (R.S. 14:46.3).
8 (o)(p) Human trafficking (R.S. 14:46.2) when the trafficking involves a
9 person under the age of eighteen years or when the services include commercial
10 sexual activity or any sexual conduct constituting a crime under the laws of this state.
11 (p)(q) Purchase of commercial sexual activity with a person under the age
12 of eighteen years or with a victim of human trafficking (R.S. 14:82.2(C)(4) and (5)).
13 (q)(r) Any offense under the laws of another state, or military, territorial,
14 foreign, tribal, or federal law which is equivalent to the offenses listed in
15 Subparagraphs (a) through (p) (q) of this Paragraph.
16 * * *
17 (25) "Sexual offense against a victim who is a minor" means a conviction for
18 the perpetration or attempted perpetration of, or conspiracy to commit, any of the
19 following:
20 * * *
21 (n) Crime against nature prosecuted under the provisions of R.S. 14:89 other
22 than R.S. 14:89(B)(2) or (3) and the victim of the offense has not attained the age of
23 eighteen.
24 (n)(o) Any conviction for an offense under the laws of another state, or
25 military, territorial, foreign, tribal, or federal law which is equivalent to the offenses
26 listed in Subparagraphs (a) through (m) (n) of this Paragraph.
27 * * *
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are additions. HLS 16RS-2015 REENGROSSED
HB NO. 992
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)]
HB 992 Reengrossed 2016 Regular Session Connick
Abstract: Amends the definitions of "aggravated offense" and "sexual offense against a
victim who is a minor" to include crime against nature and provides relative to the
registration requirements of persons convicted of third degree rape.
Present law provides for sex offender notification and registration requirements. Those
requirements, and the time period in which an offender must comply with those
requirements, differ depending upon the offense committed. Persons convicted of an
"aggravated offense" must comply with these requirements for their lifetime and persons
convicted of a "sexual offense against a victim who is a minor" must comply for 25 years.
Other sex offenders must comply for 15 years.
Present law defines "aggravated offense" and "sexual offense against a victim who is a
minor" for the purposes of present law.
Proposed law adds the crime against nature to those definitions, depending upon which
element of the crime the sex offender is convicted.
Present law requires certain persons convicted of third degree rape to register and provide
notification pursuant to present law for the duration of their lifetime only when either of the
following occur:
(1)The victim is incapable of resisting or of understanding the nature of the act by
reason of a stupor or abnormal condition of mind produced by an intoxicating agent
or any cause and the offender knew or should have known of the victim's incapacity.
(2)The victim, through unsoundness of mind, is temporarily or permanently incapable
of understanding the nature of the act and the offender knew or should have known
of the victim's incapacity.
Proposed law amends present law to require all persons convicted of third degree rape to
register for the duration of their lifetime regardless of whether the victim is incapable of
resisting due to an intoxicating agent or unsoundness of mind.
(Amends R.S. 15:541(2)(c), (k)-(q) and (25)(n); Adds R.S. 15:541(2)(r) and (25)(o))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add a provision to amend present law to make application of sex offender
registration and notification requirements consistent among persons convicted
of third degree rape prior to Aug. 1, 2015, and persons convicted on or after Aug.
1, 2015.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.