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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14:43.6 C.(3)Administration of MPA to sex offenders - DPSC shall provide services necessary to administer MPA
The Department of Public Safety and Corrections shall provide the services necessary to administer medroxyprogesterone acetate (MPA) treatment. Nothing in this Section shall be construed to require the continued administration of medroxyprogesterone acetate (MPA) treatment when it is not medically appropriate.
Effective: 06/25/2008 - Present
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14:43.6 C.(4)MPA Administration - penalty for failure to appear
(4) If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails to appear as required by the Department of Public Safety and Corrections for purposes of administering the medroxyprogesterone acetate (MPA) or who refuses to allow the administration of medroxyprogesterone acetate (MPA), then the defendant shall be charged with a violation of the provisions of this Section. Upon conviction, the offender shall be imprisoned, with or without hard labor, for not less than three years nor more than five years without benefit of probation, parole, or suspension of sentence.
Effective: 06/25/2008 - Present
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14:43.6 C.(5)Administration of MPA - contempt of court if defendant takes substance to reverse effects of treatment.
If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) or ordered to undergo physical castration takes any drug or other substance to reverse the effects of the treatment, he shall be held in contempt of court.
Effective: 06/25/2008 - Present
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14:44Aggravated kidnapping - forcible seizure, carrying of, enticement or persuading of a person to go from one place to another, or imprisonment of any person
Aggravated kidnapping is the forcible seizing and carrying of any person from one place to another, the enticing or persuading of any person to go from one place to another; or the imprisoning or forcible secreting of any person with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity, in order to secure a release of the person under the offender's actual or apparent control. Whoever commits the crime of aggravated kidnapping shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Effective: 09/12/1980 - Present
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14:44.1Second degree kidnapping
Second degree kidnapping
Effective: 09/03/1989 - Present
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14:44.1 A.(1)Second degree kidnapping - kidnapping wherein the victim is used as a shield or hostage
Second degree kidnapping is the doing of any of the acts listed in Subsection B wherein the victim is used as a shield or hostage;
Effective: 09/03/1989 - Present
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14:44.1 A.(2)Second degree kidnapping - To facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony
A. Second degree kidnapping is the doing of any of the acts listed in Subsection B wherein the victim is:
(2) Used to facilitate the commission of a felony or the flight after an attempt to commit or the commission of a felony.
Effective: 09/03/1989 - Present
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14:44.1 A.(3)Second degree kidnapping - kidnapping where the victim is physically injured or sexually abused
A. Second degree kidnapping is the doing of any of the acts listed in Subsection B wherein the victim is:
(3) Physically injured or sexually abused;
Effective: 09/03/1989 - Present
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14:44.1 A.(4)Second degree kidnapping - kidnapping where the victim is imprisoned or kidnapped for 72 or more hours, except as provided in 14:45(A)(4) or (5).
Second degree kidnapping is the doing of any of the acts listed in Subsection B wherein the victim is imprisoned or kidnapped for seventy-two or more hours, except as provided in R.S. 14:45(A)(4) or (5).
Effective: 09/03/1989 - Present
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