Originally published: . Volume 13, No. 3. Source pages: 10.
Sen. Connick is proposing refinements in criminal law with SB64. The present law provides for a nonexhaustive list of crimes of violence , the definition of rape, and the crimes of first degree/ aggravated rape, second degree sexual battery, oral sexual battery, second degree kidnapping, aggravated kidnapping of a child, and sexual battery of persons with infirmities.
Proposed law does the following:
(1) Adds the present law crimes of aggravated kidnapping of a child, molestation, and sexual battery of persons with infirmities to the list of crimes of violence.
(2) Defines rape to include foreign object penetration.
(3) Defines first degree/aggravated rape to include rapes committed during the course of burglary crimes.
(4) Replaces the definitions of "physical infirmity" and "mental infirmity" relative to first degree/aggravated rape with more inclusive language to better protect victims with disabilities.
(5) Defines the term "sexually abused" relative to second degree kidnapping and aggravated kidnapping of a child to mean that the victim was subjected to any offense defined as a sex offense by present law.
(6) Aligns second degree sexual battery, oral sexual battery, and sexual battery of persons with infirmities with other provisions of present law.
Proposed law otherwise retains present law.
Sen. Connick is also proposing changes with his measure, SB 66.
Present law provides penalties for violation of protective orders depending upon recidivist status, whether the offender battered the victim and whether the offender committed a crime of violence against the victim. Proposed law further provides that a violation of a protective order, if the violation involves a battery or any crime of violence against the victim to whose benefit the protective order is in effect, is a crime of violence.
The proposed law retains present law and provides enhanced penalties when the offender goes to the residence or household, school, or place of employment of the person for whose benefit the protective order is in effect while in possession of a firearm.
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