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2023 Regular Session
SENATE RESOLUTION NO. 170
BY SENATOR DUPLESSIS
CRIME/PUNISHMENT. Creates a task force to study and make recommendations
regarding crime against nature by solicitation.
1 A RESOLUTION
2 To create and provide for the Task Force on Crime Against Nature by Solicitation.
3 WHEREAS, R.S. 14:89, crime against nature by solicitation, prohibits solicitation
4 of another with the intent to engage in any unnatural carnal copulation for compensation; and
5 WHEREAS, R.S. 14:82, the crime of prostitution, prohibits similar conduct; and
6 WHEREAS, the criminal statutes do not specifically define "unnatural carnal
7 copulation"; and
8 WHEREAS, the United States Supreme Court, in Lawrence v. Texas, (539 U.S. 558
9 (2003)), permitted adults to "choose to enter upon this relationship in the confines of their
10 homes and their own private lives and still retain their dignity as free persons"; and
11 WHEREAS, the Louisiana Fifth Circuit Court of Appeals in Louisiana Electorate
12 of Gays and Lesbians, Inc. v. Connick, 902 So.2d 1090 (La. App. 5 Cir. 2005), found parts
13 of the crime against nature statute unconstitutional in light of Lawrence; and
14 WHEREAS, the Louisiana State Law Institute has recommended that R.S.
15 14:89(A)(1), (B)(1), (2), and (3), and (C) be repealed in their entirety; and
16 WHEREAS, the crime against nature statute has a potential sentence of two thousand
17 dollars, imprisonment with or without hard labor for five years, or both, on a first offense;
18 and
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1 WHEREAS, both the prostitution and crime against nature by solicitation statutes
2 have a potential sentence of five hundred dollars, imprisonment for six months, or both; and
3 WHEREAS, male sex workers are more likely to be charged with crime against
4 nature rather than prostitution, and thus face a harsher penalty, if the other participant is
5 male; and
6 WHEREAS, there exists a question of whether the crime against nature by
7 solicitation statute is constitutional or in violation of a person's due process rights.
8 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
9 does hereby establish and provide for the Task Force on Crime Against Nature by
10 Solicitation, to study the effects of enforcement of the crime against nature by solicitation
11 statute, and to propose recommendations, together with specific proposals for legislation,
12 if the task force deems it necessary or appropriate, by written report to the Senate and to the
13 David R. Poynter Legislative Research Library as required by R.S. 24:771 and 772, no later
14 than March 1, 2024.
15 BE IT FURTHER RESOLVED that the task force shall consist of the following
16 members:
17 (1) Three representatives of Operation Restoration, appointed by the president of the
18 board of directors, one of whom will be designated by the president of the board of directors
19 to serve as chairman for the initial meeting.
20 (2) One member of the Louisiana Senate, appointed by the president of the Senate.
21 (3) A representative from the office of the governor, appointed by the governor.
22 (4) A representative from the Department of Public Safety and Corrections,
23 appointed by the secretary of the department.
24 (5) A representative from the office of state police, appointed by the superintendent.
25 (6) A representative from the office of motor vehicles, appointed by the deputy
26 secretary for the office of motor vehicles.
27 (7) A member of the Louisiana District Attorneys Association, appointed by the
28 executive director.
29 BE IT FURTHER RESOLVED that each designating authority shall submit the
30 names of designees to the task force to the chairman of the initial meeting, no later than
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1 September 1, 2023.
2 BE IT FURTHER RESOLVED that the task force shall convene for its first meeting
3 no later than October 1, 2023, at the call of the chairman of the initial meeting, and at the
4 first meeting, the members shall elect a chairman and other officers as the task force may
5 deem appropriate.
6 BE IT FURTHER RESOLVED that the task force shall receive staff support from
7 Operation Restoration.
8 BE IT FURTHER RESOLVED that in conducting this study, the task force may seek
9 input and advice from the Louisiana Board of Pardons and committee on parole, an expert
10 on the history of crime against nature by solicitation, an expert on the enforcement of crime
11 against nature by solicitation, an expert on constitutional law with a background in crime
12 against nature by solicitation or similar offenses, two or three people directly impacted by
13 the enforcement of the crime against nature by solicitation statute, at least one expert on the
14 incarceration of women, LGBTQ+ people, or sex workers, at least one expert on Louisiana's
15 transgender community, and one faith-based leader.
16 BE IT FURTHER RESOLVED that a majority of the task force shall constitute a
17 quorum for the transaction of business and all official actions of the task force shall require
18 the affirmative vote of a majority of the members.
19 BE IT FURTHER RESOLVED that the members of the task force shall serve
20 without compensation, except per diem or expenses reimbursement to which they may be
21 individually entitled as members of their constituent organizations.
22 BE IT FURTHER RESOLVED that the task force shall terminate on the date of the
23 submission of its report, if any is submitted, or March 1, 2024, whichever occurs first.
24 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
25 governor, the Department of Public Safety and Corrections, the office of state police, and
26 the office of motor vehicles, the Louisiana District Attorneys Association, and Operation
27 Restoration.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SR 170 Original 2023 Regular Session Duplessis
Creates the Task Force on Crime Against Nature by Solicitation, to study the effects of
enforcement of the crime against nature by solicitation statute, and to propose
recommendations, together with specific proposals for legislation, if the task force deems
it necessary or appropriate.
Provides that the task force consists of the following members:
(1)Three representatives of Operation Restoration, appointed by the president of the
board of directors, one of whom will be designated by the president to serve as
chairman for the initial meeting.
(2) One member of the La. Senate, appointed by the president of the Senate.
(3) A representative from the office of the governor, appointed by the governor.
(4) A representative from the Dept. of Public Safety and Corrections, appointed by the
secretary of the department.
(5) A representative from the office of state police, appointed by the superintendent.
(6) A representative from the office of motor vehicles, appointed by the deputy secretary
for the office of motor vehicles.
(7) A member of the La. District Attorneys Association, appointed by the executive
director.
Provides relative to meetings of the task force, quorum, and voting.
Provides that the task force make any written report of its findings and recommendations by
March 1, 2024.
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