CRIME/SEX OFFENSES: Provides relative to conduct that constitutes third degree rape

HLS 26RS-1070 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 298
BY REPRESENTATIVE MANDIE LANDRY
CRIME/SEX OFFENSES: Provides relative to conduct that constitutes third degree rape
1 AN ACT
2 To amend and reenact R.S. 14:43(C) and to enact R.S. 14:43(A)(5) and (D), relative to rape;
3 to provide for additional conduct that constitutes the crime of third degree rape; to
4 provide for a definition; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:43(C) is hereby amended and reenacted and R.S. 14:43(A)(5) and
7 (D) are hereby enacted to read as follows:
8 §43. Third degree rape
9 A. Third degree rape is a rape committed when the anal, oral, or vaginal
10 sexual intercourse is deemed to be without the lawful consent of a victim because it
11 is committed under any one or more of the following circumstances:
12 * * *
13 (5) When the victim is confined or detained in a correctional facility.
14 * * *
15 C. For purposes of this Section, "correctional facility" means any jail, prison,
16 penitentiary, juvenile institution, temporary holding center, or detention facility.
17 D. For all purposes, "simple rape" and "third degree rape" mean the offense
18 defined by the provisions of this Section and any reference to the crime of simple
19 rape is the same as a reference to the crime of third degree rape. Any act in violation
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1070 ORIGINAL
HB NO. 298
1 of the provisions of this Section committed on or after August 1, 2015, shall be
2 referred to as "third degree rape".
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 298 Original 2026 Regular Session Mandie Landry
Abstract: Adds a rape committed when the victim is confined or detained in a correctional
facility as conduct that constitutes third degree rape.
Present law provides for the crime of third degree rape and provides for penalties.
Proposed law retains present law and adds, as conduct that constitutes third degree rape, a
rape committed when the victim is confined or detained in a correctional facility.
Proposed law defines the term "correctional facility".
(Amends R.S. 14:43(C); Adds R.S. 14:43(A)(5) and (D))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.