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Rs 14:43.1 Sexual Battery

§43.1. Sexual battery

A. Sexual battery is the intentional touching of the anus or genitals of the victim by

the offender using any instrumentality or any part of the body of the offender, directly or

through clothing, or the touching of the anus or genitals of the offender by the victim using

any instrumentality or any part of the body of the victim, directly or through clothing, when

any of the following occur:

(1) The offender acts without the consent of the victim.

(2) The victim has not yet attained fifteen years of age and is at least three years

younger than the offender.

(3) The offender is seventeen years of age or older and any of the following exist:

(a) The act is without consent of the victim, and the victim is prevented from

resisting the act because either of the following conditions exist:

(i) The victim has paraplegia, quadriplegia, or is otherwise physically incapable of

preventing the act due to a physical disability.

(ii) 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.

(b) The act is without consent of the victim, and the victim is sixty-five years of age

or older.

B. Lack of knowledge of the victim's age shall not be a defense. However, normal

medical treatment or normal sanitary care shall not be construed as an offense under the

provisions of this Section.

C.(1) Whoever commits the crime of 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.

(2) Whoever commits the crime of 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.

(3) Whoever commits the crime of sexual battery by violating the provisions of

Paragraph (A)(3) 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 benefit of parole, probation, or suspension of sentence.

(4) Upon completion of the term of imprisonment imposed in accordance with

Paragraphs (2) and (3) 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.

(5) 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.

(6) 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.

(7) 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.

Acts 1978, No. 239, §1. Amended by Acts 1981, No. 624, §1, eff. July 20, 1981;

Acts 1984, No. 924, §1; Acts 1991, No. 654, §1; Acts 1995, No. 946, §2; Acts 2003, No.

232, §1; Acts 2006, No. 103, §1; Acts 2008, No. 33, §1; Acts 2011, No. 67, §1; Acts 2015,

No. 256, §1.

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Local Government
Louisiana
2
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
offender
victim
sexual
able
years
pay
battery
age
costs
cost