14:43.2 C.(2)Second degree sexual battery - penalty if victim under 13, offender 17 or older
Whoever commits the crime of second degree 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.
Effective: 08/15/2008 - Present
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14:43.2 C.(3)(a)Second degree sexual battery - penalty when offender is 17 years of age or older, victim physically unable to resist from disability
Any person who is seventeen years of age or older who commits the crime of second degree sexual battery shall be punished by imprisonment at hard labor for not less than twenty-five nor more than ninety-nine years, at least twenty-five years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence, when the victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.
Effective: 08/15/2011 - Present
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14:43.2 C.(3)(b)Second degree sexual battery - penalty when offender 17 or older, victim incapable, offender should know
Any person who is seventeen years of age or older who commits the crime of second degree sexual battery shall be punished by imprisonment at hard labor for not less than twenty-five nor more than ninety-nine years, at least twenty-five years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence, when 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.
Effective: 08/15/2011 - Present
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14:43.2 C.(3)(c)Second degree sexual battery - offender 17 and victim 65 years of age or older
Any person who is seventeen years of age or older who commits the crime of second degree sexual battery shall be punished by imprisonment at hard labor for not less than twenty-five nor more than ninety-nine years, at least twenty-five years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence, when the victim is sixty-five years of age or older.
Effective: 08/15/2011 - Present
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14:43.2 D.(1)Second degree sexual battery - electronic monitoring requirements
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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14:43.2 D.(2)Second degree sexual battery - offender shall pay the cost of 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: 08/15/2011 - Present
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14:43.2 D.(3)Second degree sexual battery - Department shall pay costs if offender unable, 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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14:43.2 D.(4)Second degree sexual battery - DPSC shall 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: 08/15/2011 - Present
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14:43.3Oral sexual battery
Oral sexual battery
Effective: 08/07/1985 - Present
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14:43.3 A.(1)Oral sexual battery - victim is not the spouse of the offender, under 15, 3+ years younger than offender
Oral sexual battery is the intentional 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, when the victim, who is not the spouse of the offender, is under the age of fifteen years and is at least three years younger than the offender.
Effective: 08/15/2001 - Present
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14:43.3 A.(2)(a)(i)Oral sexual battery - offender is 17 or older, victim prevented from resisting because of physical incapacity or disability
Oral sexual battery is the intentional 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, when the offender is seventeen years of age or older and the act is without the 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.
Effective: 08/15/2001 - Present
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14:43.3 A.(2)(a)(ii)Oral sexual battery - offender is 17 or older, victim is incapable of resisting through unsoundness of mind, offender knows
Oral sexual battery is the intentional 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, when the offender is seventeen years of age or older and the act is without the consent of the victim, and the victim is prevented from resisting the act because 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.
Effective: 08/15/2001 - Present
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14:43.3 A.(2)(b)Oral sexual battery - offender is 17 or older, victim is 65 or older and does not give consent
Oral sexual battery is the intentional 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, when the offender is seventeen years of age or older and the act is without the consent of the victim, and the victim is sixty-five years of age or older.
Effective: 08/15/2001 - Present
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14:43.3 B.Oral sexual battery - lack of knowledge of the victim's age shall not be a defense
Lack of knowledge of the victim's age shall not be a defense.
Effective: 09/06/1985 - Present
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14:43.3 C.(1)Oral sexual battery - penalty
Whoever commits the crime of oral 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.
Effective: 08/15/2006 - Present
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14:43.3 C.(2)Oral sexual battery -victim under 13, offender 17 or older
Whoever commits the crime of oral 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.
Effective: 08/15/2008 - Present
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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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