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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14:89.1 A.(2)(a)Aggravated crime against nature - engaging in any prohibited act enumerated in Subparagraph (b) of this Paragraph with a person who is under eighteen years of age and who is known to the offender to be related to the offender
Aggravated crime against nature is the engaging in any prohibited act enumerated in Subparagraph (b) of this Paragraph with a person who is under eighteen years of age and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece.
Effective: 06/12/2014 - Present
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14:89.1 A.(2)(b)(i)Aggravated crime against nature - sexual crimes with a person who is under 18 and known to the offender to be related to the offender
Aggravated crime against nature is sexual intercourse, sexual battery, second degree sexual battery, carnal knowledge of a juvenile, indecent behavior with juveniles, pornography involving juveniles, molestation of a juvenile or a person with a physical or mental disability, crime against nature, cruelty to juveniles, parent enticing a child into prostitution, or any other involvement of a child in sexual activity constituting a crime with a person who is under eighteen years of age and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece.
Effective: 06/12/2014 - Present
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14:89.1 A.(2)(b)(ii)Aggravated crime against nature - any lewd fondling or touching of the person of either the child or the offender with a person who is under 18 and known to the offender to be related to the offender
Aggravated crime against nature is any lewd fondling or touching of the person of either the child or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child, the offender, or both. with a person who is under eighteen years of age and who is known to the offender to be related to the offender as any of the following biological, step, or adoptive relatives: child, grandchild of any degree, brother, sister, half-brother, half-sister, uncle, aunt, nephew, or niece.
Effective: 06/12/2014 - Present
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14:89.1 A.(2)(c)Aggravated crime against nature - consent shall not be a defense to prosecution for a violation of the provisions of this Paragraph.
Consent shall not be a defense to prosecution for a violation of the provisions of this Paragraph.
Effective: 06/12/2014 - Present
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14:89.1 B.Aggravated crime against nature - Penalty for violation of (A)(1)
Whoever commits the crime of aggravated crime against nature as defined by Paragraph (A)(1) of this Section shall be imprisoned at hard labor for not less than three nor more than fifteen years, such prison sentence to be without benefit of suspension of sentence, probation or parole.
Effective: 06/12/2014 - Present
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14:89.1 C.(1)Aggravated crime against nature - Penalty for violation of Paragraph (A)(2)
Whoever commits the crime of aggravated crime against nature as defined by Paragraph (A)(2) of this Section shall be fined an amount not to exceed fifty thousand dollars, or imprisoned, with or without hard labor, for a term not less than five years nor more than twenty years, or both.
Effective: 06/12/2014 - Present
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14:89.1 C.(2)Aggravated crime against nature - Penalty for violation of Paragraph (A)(2) with victim under 13
Whoever commits the crime of aggravated crime against nature as defined by Paragraph (A)(2) of this Section with 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.
Effective: 06/12/2014 - Present
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14:89.1 C.(3)Aggravated crime against nature - upon completion of prison term, offender shall be monitored by DPSC for the remainder of his natural life
Upon completion of the term of imprisonment imposed in accordance with Paragraph (2) 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.
Effective: 06/12/2014 - Present
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14:89.1 C.(4)Aggravated crime against nature - each sexual offender to be electronically monitored shall pay the cost of such monitoring
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: 06/12/2014 - Present
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14:89.1 C.(5)Aggravated crime against nature - costs for offender unable to pay shall be borne by the department only if sufficient funds are 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: 06/12/2014 - Present
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14:89.1 C.(6)Aggravated crime against nature - DPSC shall develop, adopt and promulgate 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.
Effective: 06/12/2014 - Present
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14:89.1 E.Aggravated crime against nature - incest (R.S. 14:78) and aggravated incest (R.S. 14:78.1) incorporated intocrimes of crime against nature (R.S. 14:89) and aggravated crime against nature (14:89.1)
Act No 177 of 2014 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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14:89.2 ACrime against nature by solitication - felony charging and definition
Crime against nature by solicitation is the solicitation by a human being of another with the intent to engage in any unnatural carnal copulation for compensation.
Effective: 08/15/2010 - Present
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14:89.2 A.Crime against nature by solitication - misdemeanor charging and definition
Crime against nature by solicitation is the solicitation by a human being of another with the intent to engage in any unnatural carnal copulation for compensation.
Effective: 08/15/2010 - Present
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14:89.2 B.(1)Crime against nature by solitication - first offense penalty
Whoever violates the provisions of this Section, on a first conviction thereof, shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
Effective: 08/15/2010 - Present
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