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Rs 14:42.1 Second Degree Rape

§42.1. Second degree rape

A. 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 it is committed

under any one or more of the following circumstances:

(1) When 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.

(2) When 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.

B. 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.

C. 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".

Acts 1978, No. 239, §1. Acts 1984, No. 569, §1; Acts 1997, No. 862, §1; Acts 2001,

No. 301, §1; Acts 2015, No. 184, §1; Acts 2015, No. 256, §1.

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Local Government
Louisiana
2
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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victim
reason
second
degree
resisting
circumstances
crime
mind
anesthetic