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HB261 • 2026

ABORTION: Provides for exceptions to abortion laws relative to rape and certain sex offenses

ABORTION: Provides for exceptions to abortion laws relative to rape and certain sex offenses

Abortion
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Delisha Boyd
Last action
2026-03-09
Official status
Pending House Administration of Criminal Justice - Considered 5/19/26
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on enforcement mechanisms or penalties, leaving some aspects open to interpretation.

Abortion Exceptions for Sex Offenses

This bill creates exceptions to abortion laws when the pregnancy is a result of certain sex offenses.

What This Bill Does

  • Adds new rules that allow abortions if the pregnancy resulted from specific crimes like rape or sexual battery.
  • Specifies that these exceptions apply even without police reports, forensic evidence, or prosecution of the alleged offender.

Who It Names or Affects

  • People who have experienced certain sex crimes and become pregnant as a result
  • Doctors performing abortions

Terms To Know

Abortion
The termination of a pregnancy before the fetus can survive outside the womb.
Sex offenses
Crimes involving sexual acts without consent, such as rape or molestation.

Limits and Unknowns

  • It is unclear how this bill will be enforced and what specific evidence would be required to prove the exceptions.
  • The bill does not specify any penalties for violating these new rules.

Bill History

  1. 2026-03-09 H

    Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

  2. 2026-02-27 H

    First appeared in the Interim Calendar on 2/27/2026.

  3. 2026-02-23 H

    Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.

  4. 2026-02-23 H

    Prefiled.

Official Summary Text

ABORTION: Provides for exceptions to abortion laws relative to rape and certain sex offenses

Current Bill Text

Read the full stored bill text 
HLS 26RS-728 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 261
BY REPRESENTATIVE BOYD
ABORTION: Provides for exceptions to abortion laws relative to rape and certain sex
offenses
1 AN ACT
2 To enact R.S. 14:87.1(1)(b)(vii), relative to exceptions to existing abortion laws; to provide
3 relative to the definition of abortion; to provide exceptions to abortion for acts that
4 constitute certain sex offenses; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:87.1(1)(b)(vii) is hereby enacted to read as follows:
7 §87.1. Definitions
8 Wherever used in this Subpart, unless a different meaning clearly appears in
9 the context, the following terms, whether used in the singular or plural, shall have
10 the following meanings:
11 (1)
12 * * *
13 (b) Abortion shall not mean any one or more of the following acts, if
14 performed by a physician:
15 * * *
16 (vii)(aa) Termination of a pregnancy that is the result of an act that
17 constitutes any of the following offenses:
18 (I) R.S. 14:41 (Rape).
19 (II) R.S. 14:42 (First degree rape).
20 (III) R.S. 14:42.1 (Second degree rape).
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-728 ORIGINAL
HB NO. 261
1 (IV) R.S. 14:43 (Third degree rape).
2 (V) R.S. 14:43.1 (Sexual battery).
3 (VI) R.S. 14:80 (Felony carnal knowledge of a juvenile).
4 (VII) R.S. 14:81.2 (Molestation of a juvenile or a person with a physical or
5 mental disability).
6 (VIII) R.S. 14:89 (Crime against nature).
7 (IX) R.S. 14:89.1 (Aggravated crime against nature).
8 (bb) This Item shall not be construed to require any of the following:
9 (I) A police or investigatory report.
10 (II) Forensic evidence provided by the pregnant female.
11 (III) A prosecution of the alleged offense.
12 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 261 Original 2026 Regular Session Boyd
Abstract: Provides for exceptions to abortion laws relative to acts that constitute certain
sex offenses.
Present law defines "abortion" and provides a list of acts performed by a physician that are
not, by definition, considered acts of abortion.
Proposed law retains present law and further provides that "abortion" is not the termination
of a pregnancy that is the result of an act that constitutes any of the following offenses:
(1) Rape (R.S. 14:41).
(2) First degree rape (R.S. 14:42).
(3) Second degree rape (R.S. 14:42.1).
(4) Third degree rape (R.S. 14:43).
(5) Sexual battery (R.S. 14:43.1).
(6) Felony carnal knowledge of a juvenile (R.S. 14:80).
(7) Molestation of a juvenile or a person with a physical or mental disability (R.S.
14:81.2).
(8) Crime against nature (R.S. 14:89).
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-728 ORIGINAL
HB NO. 261
(9) Aggravated crime against nature (R.S. 14:89.1).
Proposed law further provides that the provisions of proposed law do not require any of the
following:
(1) A police or investigatory report.
(2) Forensic evidence provided by the pregnant female.
(3) A prosecution of the alleged offense.
(Adds R.S. 14:87.1(1)(b)(vii))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.