14:43.3 C.(3)Oral sexual battery - penalty for violation of Paragraph (A)(2)
Whoever commits the crime of oral sexual battery by violating the provisions of Paragraph (A)(2) 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 parole, probation, or suspension of sentence.
Effective: 08/15/2011 - Present
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14:43.3 D.(1)Oral sexual battery - after prison term is completed, offender shall be electronically monitored by DPSC for life
Upon completion of the term of imprisonment imposed in accordance with Paragraphs (C)(2) and (3) of this Section, 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.
Effective: 08/15/2011 - Present
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14:43.3 D.(2)Oral sexual battery - offender shall pay costs of monitoring unless deemed unable to pay
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.
Effective: 08/15/2011 - Present
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14:43.3 D.(3)Oral sexual battery - costs borne by department if offender can't pay only if there are sufficient 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.
Effective: 08/15/2011 - Present
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14:43.3 D.(4)Oral sexual battery - DPSC shall develop, adopt and promulgate rules re: payment of monitoring 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.
Effective: 08/15/2011 - Present
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14:43.4 A.(1)Female genital mutilation - knowingly excises any whole or part of the labia or clitoris of a female minor
A person is guilty of female genital mutilation when the person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor.
Effective: 08/01/2012 - Present
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14:43.4 A.(2)Female genital mutilation - parent allowing circumcision or excision of minor's labia or clitoris
A person is guilty of female genital mutilation when the parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of such minor's labia majora, labia minora, or clitoris.
Effective: 08/01/2012 - Present
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14:43.4 A.(3)Female genital mutilation - permits removal of female minor from the state for purpose of circumcision
A person is guilty of female genital mutilation when the person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.
Effective: 08/01/2012 - Present
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14:43.4 B.Female genital mutilation - not be a defense that the conduct is matter of religious practice or that the parent consented
It shall not be a defense to prosecution for a violation of this Section that the conduct described in Subsection A of this Section is required as a matter of custom, ritual, or religious practice, or that the minor on whom it is performed, or the minor's parent or legal guardian, consented to the procedure.
Effective: 08/01/2012 - Present
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14:43.4 C.(1)Female genital mutilation - not a violation if necessary for the physical health of the minor
If the action described in Subsection A of this Section is performed by a licensed physician during a surgical procedure, it shall not be a violation of this Section if the procedure is necessary to the physical health of the minor on whom it is performed.
Effective: 08/01/2012 - Present
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14:43.4 C.(2)Female genital mutilation - exception if minor is in labor or has given birth and is for medical purposes
If the action described in Subsection A of this Section is performed by a licensed physician during a surgical procedure, it shall not be a violation of this Section if the procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.
Effective: 08/01/2012 - Present
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14:43.4 D.Female genital mutilation - penalty
Whoever commits the crime of female genital mutilation shall be punished by imprisonment, with or without hard labor, for not more than fifteen years.
Effective: 08/01/2012 - Present
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14:43.5 A.Intentional exposure eto HIV - without knowing & lawful consent of victim if offender knew he was HIV positive
No person shall intentionally expose another to the human immunodeficiency virus (HIV) through sexual contact without the knowing and lawful consent of the victim, if at the time of the exposure the infected person knew he was HIV positive.
Effective: 08/01/2018 - Present
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14:43.5 B.Intentional exposure to HIV - shall not expose without knowing and lawful consent of victim if person knew he was HIV positive
No person shall intentionally expose another to HIV through any means or contact without the knowing and lawful consent of the victim, if at the time of the exposure the infected person knew he was HIV positive.
Effective: 08/01/2018 - Present
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14:43.5 C.Intentional exposure to HIV - shall not intentionally expose a first responder without consent of first responder
No person shall intentionally expose a first responder to HIV through any means or contact without the knowing and lawful consent of the first responder when the offender knows at the time of the offense that he is HIV positive, and has reasonable grounds to believe the victim is a first responder acting in the performance of his duty.
Effective: 08/01/2018 - Present
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14:43.5 D.Intentional HIV exposure - definition of first responder for purposes of this section
For purposes of this Section, 'first responder' includes a commissioned police officer, sheriff, deputy sheriff, marshal, deputy marshal, correctional officer, constable, wildlife enforcement agent, and probation and parole officer, any licensed emergency medical services practitioner as defined by R.S. 40:1131, and any firefighter regularly employed by a fire department of any municipality, parish, or fire protection district of the state or any volunteer firefighter of the state.
Effective: 08/01/2018 - Present
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14:43.5 E.(1)Intentional exposure to HIV - penalty
Whoever commits the crime of intentional exposure to HIV shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.
Effective: 08/01/2018 - Present
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14:43.5 E.(2)Intentional exposure to HIV - penalty for exposing first responder
Whoever commits the crime of intentional exposure to HIV against a first responder shall be fined not more than six thousand dollars, imprisoned with or without hard labor for not more than eleven years, or both.
Effective: 08/01/2018 - Present
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14:43.5 F.(1)Intentional exposure to HIV - affirmative defense that the person exposed knew other person was infected
It is an affirmative defense, if proven by a preponderance of the evidence, that the person exposed to HIV knew the infected person was infected with HIV, knew the action could result in infection with HIV, and gave consent to the action with that knowledge.
Effective: 08/01/2018 - Present
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14:43.5 F.(2)Intentional exposure to HIV - affirmative defense if licensed physician advised transfer noninfectious, HIV status disclosed to victim
It is also an affirmative defense that the transfer of bodily fluid, tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious, and the accused disclosed his HIV-positive status to the victim.
Effective: 08/01/2018 - Present
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14:43.5 F.(3)Intentional exposure to HIV - affirmative defense that status disclosed to victim, practical means to prevent transmission taken
It is also an affirmative defense that the HIV-positive person disclosed his HIV-positive status to the victim, and took practical means to prevent transmission as advised by a physician or other healthcare provider or is a healthcare provider who was following professionally accepted infection control procedures.
Effective: 08/01/2018 - Present
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14:43.6 A.Administration of MPA to sex offender - for 1st conviction of 14:42, 42.1, 43.1(C)(2), 43.2, 81.2(D)(1) & 89.1
Notwithstanding any other provision of law to the contrary, upon a first conviction of R.S. 14:42 (aggravated or first degree rape), R.S. 14:42.1 (forcible or second degree rape), R.S. 14:43.1(C)(2) (sexual battery when the victim is under the age of thirteen), R.S. 14:43.2 (second degree sexual battery), R.S. 14:81.2(D)(1) (molestation of a juvenile when the victim is under the age of thirteen), and R.S. 14:89.1 (aggravated crime against nature), the court may sentence the offender to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Public Safety and Corrections.
Effective: 08/01/2019 - Present
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14:43.6 B.MPA administration - for second or subsequent violation of 14:42, 42.1, 43.1 (C)(2), 43.2, 81.2(D)(1), 89.1
Notwithstanding any other provision of law to the contrary, upon a second or subsequent conviction of R.S. 14:42 (aggravated or first degree rape) , R.S. 14:42.1 (forcible or second degree rape), R.S. 14:43.1(C)(2) (sexual battery when the victim is under the age of thirteen), R.S. 14:43.2 (second degree sexual battery), R.S. 14:81.2(D)(1) (molestation of a juvenile when the victim is under the age of thirteen), and R.S. 14:89.1 (aggravated crime against nature), the court shall sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.
Effective: 08/01/2019 - Present
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14:43.6 C.(1)Administration of MPA - contingent on report by court appointed medical expert
C.(1) An order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment under this Section shall be contingent upon a determination by a court appointed medical expert that the defendant is an appropriate candidate for treatment. Except as provided in Subparagraph (2)(b) of this Subsection, this determination shall be made not later than sixty days from the imposition of sentence. An order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.
Effective: 08/01/2019 - Present
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14:43.6 C.(2)MPA Administration - shall commence not later than 1 week prior to defendant's release
In all cases involving defendants sentenced to a period of incarceration or confinement in an institution, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant's release from prison or such institution. When the provisions of this Paragraph apply, if the defendant is sentenced to incarceration or confinement for a period of time that is ten years or more, the commencement of the administration of treatment with medroxyprogesterone acetate (MPA) shall be contingent upon a medical evaluation.
Effective: 08/01/2019 - Present
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