Provides relative to certain sex offenses (EG SEE FISC NOTE GF EX)

House Bill 92 amends Louisiana's sex offense statutes by expanding the definition of first degree rape, establishing a new standardized indictment form, modifying responsive verdict options, and eliminating the separate crime of oral sexual battery. The bill adds a new circumstance to R.S. 14:42(A) establishing that first degree rape occurs when a victim is prevented from resisting because the offender's application of force overpowers the victim's ability to resist. It simultaneously enacts Code of Criminal Procedure Article 465(A)(47) to provide a specific indictment form for charges of forcible rape or second degree rape. The legislation amends Code of Criminal Procedure Article 814(A)(11) to revise the responsive verdicts available in first degree rape prosecutions, specifying an exception when the victim is under thirteen years old, reordering the list of lesser offenses, adding attempted sexual battery as a responsive verdict option, and removing the reference to oral sexual battery as a responsive verdict. Finally, the bill repeals R.S. 14:43.3 in its entirety, effectively eliminating oral sexual battery as a distinct criminal offense.

The practical effect of this legislation impacts several groups involved in the criminal justice system. Prosecutors will gain an additional charging mechanism and a standardized indictment form when pursuing rape cases, while juries will have a modified menu of verdict options that includes attempted sexual battery as a lesser included offense and excludes oral sexual battery. Defendants charged with first degree rape will face a revised legal standard that encompasses conduct involving forcible restraint that prevents resistance, potentially exposing them to additional criminal liability. Victims, particularly those under thirteen years of age, receive categorical protection from certain reduced responsive verdicts, ensuring that first degree rape charges against child victims cannot be reduced to lesser offenses through jury verdict. Individuals who might previously have been charged under the oral sexual battery statute will now be prosecuted under remaining applicable statutes or alternative charges.

This legislation operates within Louisiana's comprehensive rape and sexual offense framework codified in R.S. 14:42 and related statutes, and intersects with the procedural requirements for indictments and jury verdicts established in the Code of Criminal Procedure. The addition of the force-based circumstance to first degree rape complements existing first degree rape provisions that address victims aged sixty-five and older or situations involving lack of lawful consent. The repeal of oral sexual battery consolidates sexual offense classifications, potentially directing such conduct toward prosecution under remaining sexual battery or rape statutes depending on the circumstances. The responsive verdict framework under Article 814 must comply with Louisiana constitutional and statutory principles governing jury verdicts and the rights of defendants to lesser included offense instructions where evidence supports them, with the exception carved out for child victims under thirteen reflecting legislative judgment about the severity of offenses against young children.