§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
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
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.