Louisiana Supreme Court

14:42First degree rape

First degree rape

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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'.

14:42.1Second degree rape

Second degree rape

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.

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.