{
 "citation": "14:43.7",
 "heading": "Administration of surgical castration for certain sex offenders; failure to comply with",
 "doc_id": "1388414",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=1388414",
 "classification": "F",
 "enacted_year": "2024",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "B(3)",
   "text": "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.",
   "los_min": "3Y",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:43.1",
  "15:541"
 ],
 "text": "RS 14:43.7\n\n\u00a743.7. Administration of surgical castration for certain sex offenders; failure to comply with\ncourt order\n\nA. Notwithstanding any other provision of law to the contrary, upon conviction of\nany sex offense as defined in R.S. 15:541 that is also an aggravated offense as defined in R.S.\n15:541, except sexual battery prosecuted under R.S. 14:43.1(C)(2) and second degree sexual\nbattery, occurring on or after August 1, 2024, when the victim is under the age of thirteen at\nthe time of the offense, in addition to any other sentence imposed for the offense, the court\nmay sentence the offender to be surgically castrated, to be administered by the Department\nof Public Safety and Corrections by a licensed physician. The department shall provide the\nservices necessary to perform the castration.\n\nB.(1) An order of the court sentencing an offender to surgical castration under this\nSection shall be contingent upon a determination by a court-appointed medical expert that\nthe offender is an appropriate candidate for surgery. Notwithstanding Paragraph (2) of this\nSubsection, this determination shall be made not later than sixty days from the imposition\nof sentence.\n\n(2) In all cases involving an offender sentenced to a period of incarceration or\nconfinement in an institution, the procedure shall be performed not later than one week prior\nto the offender's release from the institution.\n\n(3) If an offender fails to appear as required by court order for purposes of the\nprocedure or refuses to allow the procedure, then the offender shall be charged with a\nviolation of the provisions of this Section. Upon conviction, the offender shall be\nimprisoned, with or without hard labor, for not less than three years nor more than five years\nwithout benefit of probation, parole, or suspension of sentence.\n\nC. Nothing in this Section shall be construed to require the surgical castration when\nit is not medically appropriate.\n\nD. The provisions of this Section shall not apply to an offender who is under the age\nof seventeen years.\n\nActs 2024, No. 651, \u00a71."
}