14:87.4 B.Abortion advertising - penalty
Whoever commits the crime of abortion advertising shall be imprisoned, with or without hard labor, for not more than one year or fined not more than five thousand dollars, or both.
Effective: 08/01/2014 - Present
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14:87.5Intentional failure to sustain the life and health of an aborted viable infant - charging, definition and penalty
The intentional failure to sustain the life and health of an aborted viable infant is the intentional failure, by any physician or person performing or inducing an abortion, to exercise that degree of professional care and diligence, and to perform such measures as constitute good medical practice, necessary to sustain the life and health of an aborted viable infant, when the death of the infant results. For purposes of this Section, 'viable' means that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supporting systems. One who commits this crime shall be imprisoned at hard labor for not more than twenty-one years.
Effective: 09/07/1977 - Present
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14:87.6 A.Coerced abortion - charging and definition
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.
Effective: 06/01/2018 - Present
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14:87.6 B.Coerced abortion - penalty
Whoever commits the crime of coerced abortion shall be fined not more than five thousand dollars, or imprisoned for not more than five years, or both.
Effective: 06/01/2018 - Present
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14:88 A.(1)Distribution of abortifacients - intentional distribution or advertisement for distribution of drug, potion, instrument or artile for procuring an abortion
Distribution of abortifacients is the intentional distribution or advertisement for distribution of any drug, potion, instrument, or article for the purpose of procuring an abortion
Effective: 08/01/2014 - Present
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14:88 A.(2)Distribution of abortifacients - intentional publication of any advertisement or account of any secret drug or nostrum purporting to be exclusively for the use of females, for preventing conception or producing abortion or miscarriage.
Distribution of abortifacients is the intentional publication of any advertisement or account of any secret drug or nostrum purporting to be exclusively for the use of females, for preventing conception or producing abortion or miscarriage.
Effective: 08/01/2014 - Present
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14:88 B.Distribution of abortifacients - penalty
Whoever commits the crime of distribution of abortifacients shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Effective: 08/01/2014 - Present
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14:89Crime against nature
Crime against nature
Effective: 05/25/2018 - Present
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14:89 A.(1)Crime against nature - unnatural carnal copulation
Crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 42, 42.1, or 43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.
Effective: 05/25/2018 - Present
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14:89 A.(2)Crime against nature - marriage to, or secual intercourse with any ascendant or descendant with knowledge of their relationship
Crime against nature is the marriage to, or sexual intercourse with, any ascendant or descendant, brother or sister, uncle or niece, aunt or nephew, with knowledge of their relationship. The relationship must be by consanguinity, but it is immaterial whether the parties to the act are related to one another by the whole or half blood. The provisions of this Paragraph shall not apply where one person, not a resident of this state at the time of the celebration of his marriage, contracted a marriage lawful at the place of celebration and thereafter removed to this state.
Effective: 06/12/2014 - Present
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14:89 B.(1)Crime against nature - penalty
Whoever commits the offense of crime against nature as defined by Paragraph (A)(1) of this Section shall be fined not more than two thousand dollars, imprisoned, with or without hard labor, for not more than five years, or both.
Effective: 06/12/2014 - Present
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14:89 B.(2)Crime against nature - penalty for violation of (A)(1) when victim is under 18
(2) Whoever commits the offense of crime against nature as defined by Paragraph (A)(1) of this Section with a person under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
Effective: 06/12/2014 - Present
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14:89 B.(3)Crime against nature - penalty for violation of (A)(1) when victim is under 14
Whoever commits the offense of crime against nature as defined by Paragraph (A)(1) of this Section with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
Effective: 06/12/2014 - Present
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14:89 B.(4)Crime against nature - penalty for violation of Paragraph (A)(2) where the crime is between an ascendant and descendant, or between brother and sister
Whoever commits the offense of crime against nature as defined by Paragraph (A)(2) of this Section, where the crime is between an ascendant and descendant, or between brother and sister, shall be imprisoned at hard labor for not more than fifteen years.
Effective: 06/12/2014 - Present
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14:89 B.(5)Crime against nature - penalty for violation of Paragraph (A)(2) when crime is between uncle and niece or and and nephew
Whoever commits the offense of crime against nature as defined by Paragraph (A)(2) of this Section, where the crime is between uncle and niece, or aunt and nephew, shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.
Effective: 06/12/2014 - Present
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14:89 C.Crime against nature - affirmative defenses
It shall be an affirmative defense to prosecution for a violation of Paragraph (A)(1) of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E). It shall be an affirmative defense to prosecution for a violation of Paragraph (A)(1) of this Section that, during the time of the alleged commission of the offense, the defendant is determined to be a victim of human trafficking pursuant to the provisions of R.S. 14:46.2(F).
Effective: 06/12/2014 - Present
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14:89 DCrime against nature - elements of crimes of incest and aggravated incest incorporated into this Act
The provisions of Act No. 177 of the 2014 Regular Session and the provisions of Act No. 602 of the 2014 Regular Session incorporate the elements of the crimes of incest (R.S. 14:78) and aggravated incest (R.S. 14:78.1), as they existed prior to their repeal by these Acts, into the provisions of the crimes of crime against nature (R.S. 14:89) and aggravated crime against nature (R.S. 14:89.1), respectively.
Effective: 06/12/2014 - Present
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14:89 E.Crime against nature - Act 485 of the 2018 Legislature shall not alleviate any person convicted of 14:89 of sex offender registration
Nothing in Act No. 485 of the 2018 Regular Session of the Legislature shall be construed to alleviate any person convicted or adjudicated delinquent of crime against nature (R.S. 14:89) from any requirement, obligation, or consequence imposed by law resulting from that conviction or adjudication including but not limited to any requirements regarding sex offender registration and notification, parental rights, probation, parole, sentencing, or any other requirement, obligation, or consequence imposed by law resulting from that conviction or adjudication.
Effective: 06/12/2014 - Present
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14:89.1Aggravated crime against nature
Aggravated crime against nature.
Effective: 06/12/2014 - Present
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14:89.1 A.(1)(a)Aggravated crime against nature - committed when the victim resists the act as defined by 14:89 (A)(1) but is overcome by force
Aggravated crime against nature is an act as defined by R.S. 14:89(A)(1) committed when the victim resists the act to the utmost, but such resistance is overcome by force.
Effective: 06/12/2014 - Present
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14:89.1 A.(1)(b)Aggravated crime against nature - committed when the when the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution.
Aggravated crime against nature is an act as defined by R.S. 14:89(A)(1) committed when the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution.
Effective: 06/12/2014 - Present
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14:89.1 A.(1)(c)Aggravated crime against nature - committed when the when the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
Aggravated crime against nature is an act as defined by R.S. 14:89(A)(1) committed when the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
Effective: 06/12/2014 - Present
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14:89.1 A.(1)(d)Aggravated crime against nature - committed when as a result of an intellectual or mental disability, or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known
Aggravated crime against nature is an act as defined by R.S. 14:89(A)(1) committed when as a result of an intellectual or mental disability, or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known of such incapacity.
Effective: 06/12/2014 - Present
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14:89.1 A.(1)(e)Aggravated crime against nature - committed when the victim is incapable of resisting or of understanding the nature of the act
Aggravated crime against nature is an act as defined by R.S. 14:89(A)(1) committed when the victim is incapable of resisting or of understanding the nature of the act, by reason of stupor or abnormal condition of mind produced by a narcotic or anesthetic agent, administered by or with the privity of the offender; or when he has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of such incapacity.
Effective: 06/12/2014 - Present
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14:89.1 A.(1)(f)Aggravated crime against nature - committed when the victim is under the age of seventeen years and the offender is at least three years older than the victim.
Aggravated crime against nature is an act as defined by R.S. 14:89(A)(1) committed when the victim is under the age of seventeen years and the offender is at least three years older than the victim.
Effective: 06/12/2014 - Present
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