Louisiana 2025 2025 Regular Session

Louisiana House Bill HB425 Comm Sub / Analysis

                    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 425 Original	2025 Regular Session	Carlson
Abstract: Provides relative to the crime of coerced abortion and for mandatory reporting.
Present law (R.S. 14:87.6) provides for the crime of coerced abortion.
Proposed law retains present law.
Present law (R.S. 14:87.6(A)) provides that coerced abortion is committed when any person
intentionally engages in the use or threatened use of physical force against the person of a pregnant
woman, with the intent to compel the pregnant woman to undergo an abortion against her will,
whether or not the abortion procedure has been attempted or completed.
Proposed law amends present law to provide that coerced abortion is committed when any person
knowingly rather than intentionally, engages in the use or threatened use of force, control, or
intimidation rather than the use of physical force, against a pregnant woman rather than the person
of a pregnant woman, to undergo an abortion against her will, whether or not the abortion procedure
has been attempted or completed.  
Proposed law provides that such means of use or threatened use of force, control, or intimidation
shall include but not be limited to any of the following:
(1)Physical force or actual or implied threats of physical force.
(2)Exploitation of any of the following:
(a)Needs for food, shelter, safety, affection, or intimate or marital relationships.
(b)A condition of developmental disability, cognitive limitation, affective disorder, or
substance dependency.
(c)Previous victimization caused by sexual abuse or battery.
(d)A pornographic performance.
(3)Restraint of any of the following:
(a)Movement. (b)Speech or communication with others, such as exploitation of a language difference,
or interference with the use of mail, telephone, or money.
(4)Destruction of property.
(5)Kidnapping.
(6)Defining the terms of an individual’s employment or working conditions in a manner that
may foreseeably lead to the individual seeking or obtaining an abortion.
(7)Blackmail.
(8)Extortion or claims of indebtedness.
(9)Threat of any of the following:
(a)Legal complaints or report of delinquency.
(b)Interference with parental rights or responsibilities, whether by judicial or
administrative action or otherwise.
(10)Promise of any of the following:
(a)Legal benefit, such as the posting of bail, procurement of an attorney, or protection
from arrest.
(b)Financial award.
(11)Isolation of an individual from others.
(12)Interference with opportunities for education or skills training.
Present law (R.S. 14:87.6(B)) provides that whoever commits the crime of coerced abortion shall
be fined not more than $5,000, imprisoned for not more than five years, or both.
Proposed law amends present law to provide that the term of imprisonment shall be served with or
without hard labor.
Present law (R.S. 40:2175.7) provides for mandatory reports to law enforcement.
Proposed law retains present law.
Present law (R.S. 40:2175.7(A)) provides that any mandatory reporter to law enforcement who has
cause to believe that a minor or adult female who presents at an outpatient abortion facility is a
victim of human trafficking, trafficking of children for sexual purposes, rape, incest, or coerced abortion shall report such crime immediately, or no later than the end of the business day, to the
sheriff's department in the parish or local police department where the outpatient abortion facility
is located.
Present law further provides that if the victim does not reside in the parish where the outpatient
abortion facility is located, the mandatory reporter to law enforcement shall also report the crime to
the law enforcement agency in the parish or county in which the victim resides, if reasonably
ascertainable.
Proposed law amends present law to remove the condition that the minor or adult female present at
an outpatient abortion facility.  Further changes the reference of "incest" to "crime against nature".
Proposed law deletes the provision of present law relative to reporting requirements when the victim
does not reside in the parish where the outpatient abortion facility is located.
(Amends R.S. 14:87.6 and R.S. 40:2175.7(A)(1) )