Louisiana Revised Statute 14:89.1

 

A. Aggravated crime against nature is crime against nature committed under any one or more of the following circumstances:

 

(1) When the victim resists the act to the utmost, but such resistance is overcome by force;

 

(2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution;

 

(3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon; or

 

(4) When through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known of such incapacity;

 

(5) When the victim is incapable of resisting or of understanding the nature of the act, by reason of stupor or abnormal condition of mind produced by a narcotic or anesthetic agent, administered by or with the privity of the offender; or when he has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of such incapacity; or

 

(6) When the victim is under the age of seventeen years and the offender is at least three years older than the victim.

 

B. Whoever commits the crime of aggravated crime against nature shall be imprisoned at hard labor for not less than three nor more than fifteen years, such prison sentence to be without benefit of suspension of sentence, probation or parole.

 

Credits

 

Added by Acts 1962, No. 60, § 1. Amended by Acts 1979, No. 125, § 1; Acts 1984, No. 683, § 1.

 

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