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Louisiana Revised Statutes Tit. 14, § 43.7. Administration of surgical castration for certain sex offenders; failure to comply with court order

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Notwithstanding any other provision of law to the contrary, upon conviction of any sex offense as defined in R.S. 15:541 that is also an aggravated offense as defined in R.S. 15:541, except sexual battery prosecuted under R.S. 14:43.1(C)(2) and second degree sexual battery, occurring on or after August 1, 2024, when the victim is under the age of thirteen at the time of the offense, in addition to any other sentence imposed for the offense, the court may sentence the offender to be surgically castrated, to be administered by the Department of Public Safety and Corrections by a licensed physician. The department shall provide the services necessary to perform the castration.

B. (1) An order of the court sentencing an offender to surgical castration under this Section shall be contingent upon a determination by a court-appointed medical expert that the offender is an appropriate candidate for surgery. Notwithstanding Paragraph (2) of this Subsection, this determination shall be made not later than sixty days from the imposition of sentence.

(2) In all cases involving an offender sentenced to a period of incarceration or confinement in an institution, the procedure shall be performed not later than one week prior to the offender's release from the institution.

(3) If an offender fails to appear as required by court order for purposes of the procedure or refuses to allow the procedure, then the offender shall be charged with a violation of the provisions of this Section. Upon conviction, the offender shall be imprisoned, with or without hard labor, for not less than three years nor more than five years without benefit of probation, parole, or suspension of sentence.

C. Nothing in this Section shall be construed to require the surgical castration when it is not medically appropriate.

D. The provisions of this Section shall not apply to an offender who is under the age of seventeen years.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 14, § 43.7. Administration of surgical castration for certain sex offenders; failure to comply with court order - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-43-7/

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