The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 32 Engrossed 2020 Regular Session Connick
Present law provides that second degree rape is rape committed when the anal, oral, or vaginal sexual
intercourse is deemed to be without the lawful consent of the victim because it is committed under
any one or more of the following circumstances:
(1)When the victim is prevented from resisting the act by force or threats of physical violence
under circumstances where the victim reasonably believes that such resistance would not
prevent the rape.
(2)When the victim is incapable of resisting or of understanding the nature of the act by reason
of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or
other controlled dangerous substance administered by the offender and without the
knowledge of the victim.
Proposed law retains present law.
Present law provides that whoever commits the crime of second degree rape is to be imprisoned at
hard labor for not less than five nor more than 40 years, and at least two years of the sentence must
be without benefit of parole, probation, or suspension of sentence.
Proposed law provides that the entire sentence of imprisonment for the commission of second degree
rape must be served without benefit of parole, probation, or suspension of sentence. Proposed law
otherwise retains present law.
Effective August 1, 2020.
(Amends R.S. 14:42.1(B))