Louisiana Supreme Court

14:42.1 A.(2)Second degree rape - incapable of resisting because victim under influence of substance administered by defendant

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 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.

14:42.1 B.Second degree rape - penalty

Whoever commits the crime of second degree rape shall be imprisoned at hard labor for not less than five nor more than forty years. At least two years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

14:42.1 C.Second degree rape - forcible rape and second degree rape have same meaning

For all purposes, 'forcible rape' and 'second degree rape' mean the offense defined by the provisions of this Section and any reference to the crime of forcible rape is the same as a reference to the crime of second degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as 'second degree rape'.

14:43Third degree rape

Third degree rape

14:43 AThird degree rape - victim incapable of resisting because drugged by offender

14:43 A.(1)Third degree rape - victim incapable of resisting because drugged by offender

Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed when the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.

14:43 A.(2)Third degree rape - victim is incapable of understanding the nature of the act, and the offender knew/should have known

Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim when the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.

14:43 A.(3)Third degree rape - victim believes the person committing the act is someone known, other than offender

Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim when the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

14:43 A.(4)Third degree rape - when the offender acts without consent of the victim

Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim when the offender acts without the consent of the victim.

14:43 B.Third degree rape - penalty

Whoever commits the crime of third degree rape shall be imprisoned at hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.

14:43 C.Third degree rape - simple rape and third degree rape have same meaning

For all purposes, 'simple rape' and 'third degree rape' mean the offense defined by the provisions of this Section and any reference to the crime of simple rape is the same as a reference to the crime of third degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as 'third degree rape'.

14:43.1Sexual battery

Sexual battery

14:43.1 A.(1)Sexual battery - offender acts without the consent of the victim

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when the offender acts without the consent of the victim.

14:43.1 A.(2)Sexual battery - victim under 15, at least 3 years younger than the offender

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when the victim has not yet attained fifteen years of age and is at least three years younger than the offender.

14:43.1 A.(3)(a)(i)Sexual battery - offender 17 or older, victim incapable of resisting due to physical disability

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when the offender is seventeen years of age or older and the act is without consent of the victim, and the victim is prevented from resisting the act because the victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.

14:43.1 A.(3)(a)(ii)Sexual battery - offender over 17, victim incapable through unsoundness of mind, offender should have known

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when the offender is seventeen years of age or older, the act is without consent of the victim, and the victim is incapable, through unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity.

14:43.1 A.(3)(b)Sexual battery - offender is 17 years of age or older and victim is over 65, no consent

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when the offender is seventeen years of age or older and the act is without consent of the victim, and the victim is sixty-five years of age or older.

14:43.1 B.Sexual battery - lack of knowledge of age shall not be a defense

Lack of knowledge of the victim's age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense under the provisions of this Section.

14:43.1 C.(1)Sexual battery - penalty

Whoever commits the crime of sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten years.

14:43.1 C.(2)Sexual battery - penalty when victim is under 13, offender 17 or older

Whoever commits the crime of sexual battery on a victim under the age of thirteen years when the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

14:43.1 C.(3)Sexual battery - penalty for violation of 14:43.1 (A)(3)

Whoever commits the crime of sexual battery by violating the provisions of Paragraph (A)(3) of this Section shall be imprisoned at hard labor for not less than twenty-five years nor more than ninety-nine years. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

14:43.1 C.(4)Sexual battery - electronic monitoring after imprisonment as required in C(2) and C(3)

Upon completion of the term of imprisonment imposed in accordance with Paragraphs (2) and (3) of this Subsection, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

14:43.1 C.(5)Sexual battery - offender shall pay for cost of monitoring

(5) Unless it is determined by the Department of Public Safety and Corrections, pursuant to rules adopted in accordance with the provisions of this Subsection, that a sexual offender is unable to pay all or any portion of such costs, each sexual offender to be electronically monitored shall pay the cost of such monitoring.

14:43.1 C.(6)Sexual battery - for offender unable to pay, costs shall be borne by department if funds available

The costs attributable to the electronic monitoring of an offender who has been determined unable to pay shall be borne by the department if, and only to the degree that, sufficient funds are made available for such purpose whether by appropriation of state funds or from any other source.

14:43.1 C.(7)Sexual battery - DPSC shall develop rules for payment of such costs

The Department of Public Safety and Corrections shall develop, adopt, and promulgate rules in the manner provided in the Administrative Procedure Act that provide for the payment of such costs. Such rules shall contain specific guidelines which shall be used to determine the ability of the offender to pay the required costs and shall establish the reasonable costs to be charged. Such rules may provide for a sliding scale of payment so that an offender who is able to pay a portion, but not all, of such costs may be required to pay such portion.