Provides relative to conduct that constitutes third degree rape

House Bill 298 amends Louisiana Revised Statutes 14:43 to expand the definition of third degree rape by adding a new circumstance under which sexual intercourse is deemed to occur without lawful consent. Specifically, the bill adds a fifth enumerated circumstance to R.S. 14:43(A) establishing that rape occurs when the victim is confined or detained in a correctional facility. The legislation simultaneously enacts a new subsection (D) that clarifies statutory terminology by establishing that the terms "simple rape" and "third degree rape" refer to the same offense and that all violations committed on or after August 1, 2015, shall be designated as "third degree rape." The bill also amends subsection (C) to provide a comprehensive definition of "correctional facility" encompassing jails, prisons, penitentiaries, juvenile institutions, temporary holding centers, and detention facilities.

The practical effect of this legislation is to criminalize sexual conduct between individuals in custodial relationships within correctional settings where the confined or detained person cannot legally consent due to their status as an inmate or detainee. This expansion protects individuals held in any of the enumerated facilities, including those in the juvenile justice system, from sexual abuse by those in positions of authority or other inmates. The law applies to correctional employees, contractors, volunteers, and other individuals in facilities who engage in sexual conduct with confined or detained persons, as well as to inmates engaging in such conduct with other confined persons. The change affects how prosecutors charge such crimes and how courts apply sentencing provisions associated with third degree rape.

This amendment operates within Louisiana's rape statute framework established in R.S. 14:43, which classifies rape as a felony without regard to victim consent when circumstances demonstrating inherent coercion or incapacity exist. The bill's addition of confinement or detention status as a circumstance negating lawful consent aligns with established legal principles recognizing the inherent power imbalance and vulnerability of incarcerated individuals. The statutory definition of correctional facility is sufficiently broad to encompass both adult and juvenile detention settings under state and local authority. The retroactive reference to August 1, 2015, in subsection (D) appears to address prior statutory reorganization of Louisiana's sexual assault laws and clarifies the proper nomenclature for historical violations. The legislation does not establish separate penalties but applies existing third degree rape penalties to offenses meeting this new circumstance.