14:403.2D(1)Abuse and neglect of adults - retaliates against an individual who reports adult abuse to an adult protection agency
Any person who retaliates against an individual who reports adult abuse to an adult protection agency or to a law enforcement agency, shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 06/13/2008 - Present
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14:403.2D(2)Abuse and neglect of adults - retaliation' is defined
(2) For the purposes of this Section, 'retaliation' is defined as discharging, demoting, or suspending an employee who reports the adult abuse; or threatening, harassing, or discriminating against the reporter in any manner at any time provided the report is made in good faith for the purpose of helping the adult protection agency or law enforcement agency fulfill its responsibilities as set forth in Chapter 14 of Title 15 of the Louisiana Revised Statutes of 1950.
Effective: 06/13/2008 - Present
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14:404Self-mutilation by a prisoner
Self-mutilation by a prisoner
Effective: 08/15/1997 - Present
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14:404 ASelf-mutilation by a prisoner - defined
Self-mutilation by a prisoner is the intentional infliction of injuries to himself by a prisoner incarcerated in any state penitentiary or any local penal or correctional institution or while in the lawful custody of a peace officer, or the procuring or permitting of another person to inflict injury on such prisoner by means of shooting, stabbing, cutting, applying chemicals or other substances to the body, drinking or eating poisonous or toxic substances, or in any manner, when such results in permanent or temporary injury
Effective: 08/15/1997 - Present
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14:404 BSelf-mutilation by a prisoner - charging and penalty
B. Whoever commits the crime of self-mutilation by a prisoner shall be imprisoned at hard labor for a term not exceeding two years. Any sentence imposed under this Section shall run consecutively to any other sentence being served by the offender at the time of the offense.
Effective: 08/15/1997 - Present
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14:41 A.Rape - definition
Rape is the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person's lawful consent.
Effective: 08/15/2001 - Present
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14:41 B.Rape - emission is not necessary, any penetration completes the crime
Emission is not necessary, and any sexual penetration, when the rape involves vaginal or anal intercourse, however slight, is sufficient to complete the crime.
Effective: 08/15/2001 - Present
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14:41 C.Rape - definition of oral sexual intercourse for the purposes of this section
Definition of 'oral sexual intercourse' for purposes of this section can mean the touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim.
Effective: 08/15/2001 - Present
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14:41.1Consent when victim is in police custody
A person is deemed incapable of consent when the person is under arrest or otherwise in the actual custody of a police officer or other law enforcement official and the offender is a police officer or other law enforcement official who either: arrested the person or was responsible for maintaining the person in actual custody or knows or reasonably should know that the person is under arrest or otherwise in actual custody.
Effective: 05/23/2018 - Present
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14:42First degree rape
First degree rape
Effective: 07/22/1978 - Present
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14:42 AFirst degree rape - definition
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed when the victim resists the act to the utmost, but whose resistance is overcome by force.
Effective: 09/03/1984 - Present
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14:42 A.(1)First degree rape - charging and definition - victim's resistance is overcome by force.
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed when the victim resists the act to the utmost, but whose resistance is overcome by force.
Effective: 09/03/1984 - Present
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14:42 A.(2)First degree rape - charging and definition - victim prevented from resisting by threat of bodily harm
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.
Effective: 09/03/1984 - Present
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14:42 A.(3)First degree rape - charging and definition - victim prevented from resisting because offender armed with dangerous weapon
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because when the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.
Effective: 09/03/1984 - Present
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14:42 A.(4)First degree rape - charging and definition - victim under the age of 13 years old
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim when the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.
Effective: 08/15/2003 - Present
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14:42 A.(5)First degree rape - charging and definition - two or more offenders participated in the act
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim when two or more offenders participated in the act.
Effective: 09/03/1984 - Present
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14:42 A.(6)First degree rape - charging and definition - victim suffers from physical or mental infirmity
First degree rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent when the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
Effective: 08/15/1997 - Present
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14:42 B.First degree rape - definition of participate
For purposes of Paragraph (5), 'participate' shall mean commit the act of rape or physically assist in the commission of such act.
Effective: 01/01/1978 - Present
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14:42 C.First degree rape - definitions of physical infirmity and mental infirmity
For purposes of this Section, 'physical infirmity' means a person who is a quadriplegic or paraplegic and 'mental infirmity' means a person with an intelligence quotient of seventy or lower.
Effective: 08/15/1997 - Present
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14:42 D.(1)First degree rape - penalty
Whoever commits the crime of first degree rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Effective: 08/01/2015 - Present
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14:42 D.(2)(a)First degree rape - if victim under 13 - penalty
However, if the victim was under the age of thirteen years, as provided by Paragraph (A)(4) of this Section and if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of Code of Criminal Procedure Art. 782 relative to cases in which punishment may be capital shall apply.
Effective: 05/15/2006 - Present
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14:42 D.(2)(b)First degree rape - victim under 13, DA not seeking capital verdict
However, if the victim was under the age of thirteen years, as provided by Paragraph (A)(4) of this Section and if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of Code of Criminal Procedure Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.
Effective: 08/05/2006 - Present
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14:42 E.First degree rape - same as aggravated rape, referred to as first degree rape after 8/1/2015
For all purposes, 'aggravated rape' and 'first degree rape' mean the offense defined by the provisions of this Section and any reference to the crime of aggravated rape is the same as a reference to the crime of first degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as 'first degree rape'.
Effective: 08/01/2015 - Present
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14:42.1Second degree rape
Second degree rape
Effective: 08/01/2015 - Present
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14:42.1 A.(1)Second degree rape - victim prevented from resisting by force or threats of violence
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 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.
Effective: 08/01/2015 - Present
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