{
 "citation": "14:42",
 "heading": "First degree rape",
 "doc_id": "78529",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78529",
 "classification": "F",
 "enacted_year": "1978",
 "last_amended_year": "2022",
 "penalties": [
  {
   "subsection": "D(1)",
   "text": "D.(1) Whoever commits the crime of first degree rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.",
   "los_min": "LIFE",
   "los_max": "LIFE",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "D(2)(a)",
   "text": "(a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury.",
   "los_min": "LIFE",
   "los_max": "LIFE",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": true,
   "condition": ""
  },
  {
   "subsection": "D(2)(b)",
   "text": "(b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.",
   "los_min": "LIFE",
   "los_max": "LIFE",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (parole, probation, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:42\n\nNOTE: This provision of law was included in the Unconstitutional Statutes Biennial\nReport to the Legislature, dated March 14, 2016.\n\n\u00a742. First degree rape\n\nA. First degree rape is a rape committed upon a person sixty-five years of age or\nolder or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful\nconsent of the victim because it is committed under any one or more of the following\ncircumstances:\n\n(1) When the victim resists the act to the utmost, but whose resistance is overcome\nby force.\n\n(2) When the victim is prevented from resisting the act by threats of great and\nimmediate bodily harm, accompanied by apparent power of execution.\n\n(3) When the victim is prevented from resisting the act because the offender is armed\nwith a dangerous weapon.\n\n(4) When the victim is under the age of thirteen years. Lack of knowledge of the\nvictim's age shall not be a defense.\n\n(5) When two or more offenders participated in the act.\n\n(6) When the victim is prevented from resisting the act because the victim is a person\nwith a disability.\n\n(7) When the offender commits the act when engaged in the perpetration or\nattempted perpetration of any violation of Subsubpart 3 of Subpart A of Part III of this\nChapter, relative to burglary offenses.\n\nB. For purposes of Paragraph (A)(5) of this Section, \"participate\" shall mean:\n\n(1) Commit the act of rape.\n\n(2) Physically assist in the commission of such act.\n\nC. For purposes of this Section, \"person with a disability\" means a person with a\nmental, physical, or developmental disability that substantially impairs the person's ability\nto provide adequately for his or her own care or protection.\n\nD.(1) Whoever commits the crime of first degree rape shall be punished by life\nimprisonment at hard labor without benefit of parole, probation, or suspension of sentence.\n\n(2) However, if the victim was under the age of thirteen years, as provided by\nParagraph (A)(4) of this Section:\n\n(a) And if the district attorney seeks a capital verdict, the offender shall be punished\nby death or life imprisonment at hard labor without benefit of parole, probation, or\nsuspension of sentence, in accordance with the determination of the jury. The provisions of\nCode of Criminal Procedure Article 782 relative to cases in which punishment may be capital\nshall apply.\n\n(b) And if the district attorney does not seek a capital verdict, the offender shall be\npunished by life imprisonment at hard labor without benefit of parole, probation, or\nsuspension of sentence. The provisions of Code of Criminal Procedure Article 782 relative\nto cases in which punishment is necessarily confinement at hard labor shall apply.\n\nE. For all purposes, \"aggravated rape\" and \"first degree rape\" mean the offense\ndefined by the provisions of this Section and any reference to the crime of aggravated rape\nis the same as a reference to the crime of first degree rape. Any act in violation of the\nprovisions of this Section committed on or after August 1, 2015, shall be referred to as \"first\ndegree rape\".\n\nActs 1978, No. 239, \u00a71. Amended by Acts 1981, No. 707, \u00a71; Acts 1984, No. 579,\n\u00a71; Acts 1993, No. 630, \u00a71; Acts 1995, No. 397, \u00a71; Acts 1997, No. 757, \u00a71; Acts 1997, No.\n898, \u00a71; Acts 2001, No. 301, \u00a71; Acts 2003, No. 795, \u00a71; Acts 2006, No. 178, \u00a71; Acts 2015,\nNo. 184, \u00a71; Acts 2015, No. 256, \u00a71; Acts 2022, No. 173, \u00a71."
}