HB 321

ENROLLED
 2026 Regular Session
  ACT No. 637
 HOUSE BILL NO. 321
 BY REPRESENTATIVES LAFLEUR, ADAMS, BAYHAM, BILLINGS, BOUDREAUX,
  BOYD, BOYER, BRASS, CARRIER, ROBBY CARTER, WILFORD CARTER,
  CHASSION, CHENEVERT, COX, EGAN, FISHER, FREEMAN, FREIBERG,
  GLORIOSO, GREEN, DANA HENRY, HORTON, JACKSON, KNOX,
  LARVADAIN, LYONS, MARCELLE, MILLER, MOORE, MURRAY, NEWELL,
  OWEN, PHELPS, RISER, SCHLEGEL, SPELL, TAYLOR, VILLIO, WALTERS,
  WILEY, WYBLE, AND YOUNG AND SENATORS ABRAHAM, BARROW,
  BARTHELEMY, BASS, BOUDREAUX, CARTER, CONNICK, DUPLESSIS,
  FESI, HODGES, JACKSON-ANDREWS, JENKINS, KLEINPETER, MORRIS,
  PRICE, AND WHEAT
1AN ACT
2 To amend and reenact R.S. 14:46.2(F)(1), 46.3(A)(1) and (E), 82(G), 82.1(A)(introductory
3paragraph) and (1), (B), (D)(2) and (3)(b), (E), and (F), 82.2(E), 83(C), 83.3(D),
483.4(C), 89(C)(2), and 89.2(D)(1) and (5) and Children's Code Articles 804(3) and
5(5) and 839(D) and to enact R.S. 14:83.1(C), 83.2(C), and 84(C), relative to victims
6of human trafficking and prostitution offenses; to provide for an exemption from
7criminal responsibility and delinquency proceedings; to provide relative to
8affirmative defenses for prosecution of certain offenses; to provide eligibility for
9specialized services; to provide relative to conduct that constitutes prostitution; to
10revise certain terminology relative to prostitution involving persons under eighteen
11years of age; and to provide for related matters.
12 Be it enacted by the Legislature of Louisiana:
13Section 1. R.S. 14:46.2(F)(1), 46.3(A)(1) and (E), 82(G), 82.1(A)(introductory
14 paragraph) and (1), (B), (D)(2) and (3)(b), (E), and (F), 82.2(E), 83(C), 83.3(D), 83.4(C),
15 89(C)(2), and 89.2(D)(1) and (5) are hereby amended and reenacted and R.S. 14:83.1(C),
16 83.2(C), and 84(C) are hereby enacted to read as follows:
17§46.2. Human trafficking
18*        *  *
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1F.(1) A victim of trafficking involving services that include commercial
2sexual activity or a sex offense as defined in R.S. 15:541 shall have an affirmative
3defense to prosecution for any of the following offenses which were committed as
4a direct result of being trafficked:
5(a) R.S. 14:82 (Prostitution).
6(b) R.S. 14:83 (Soliciting for prostitutes).
7(b) (c) R.S. 14:83.3 (Prostitution by massage).
8(c) (d) R.S. 14:83.4 (Massage; sexual conduct prohibited).
9(d) (e) R.S. 14:89 (Crime against nature).
10(e) (f) R.S. 14:89.2 (Crime against nature by solicitation).
11*  *        *
12§46.3. Trafficking of children for sexual purposes
13A. It shall be unlawful:
14(1) For any person to knowingly recruit, harbor, transport, provide, sell,
15receive, isolate, entice, obtain, or maintain the use of a person under the age of
16eighteen years child for the purpose of engaging in commercial sexual activity. For
17the purposes of this Section, "child" means a person under the age of eighteen years.
18*  *        *
19E.(1) No victim of trafficking as provided by the provisions of this Section
20shall be prosecuted for unlawful acts committed as a direct result of being trafficked.
21Any child determined to be a victim pursuant to the provisions of this Subsection
22shall be eligible for specialized services for sexually exploited children.
23(2) Any child who is engaged in prostitution or prostitution-related offenses
24is presumed to be a victim of human trafficking. A child victim of trafficking as
25provided by the provisions of this Section is exempt from criminal responsibility and
26delinquency proceedings for prostitution-related offenses.
27(3) Any child determined to be a victim pursuant to the provisions of this
28Subsection is eligible for specialized services for sexually exploited children as
29provided in R.S. 46:2161.
30*  *        *
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1§82. Prostitution; definition; penalties; enhancement
2*  *        *
3G.(1) It shall be an affirmative defense to prosecution for a violation of this
4Section that, during the time of the alleged commission of the offense, the defendant
5was a victim of trafficking of children for sexual purposes as provided in R.S.
614:46.3(E). Any child determined to be a victim pursuant to the provisions of this
7Paragraph shall be eligible for specialized services for sexually exploited children.
8Any child who is engaged in prostitution is presumed to be a victim of human
9trafficking pursuant to R.S. 14:46.3(E) and is exempt from criminal responsibility
10and delinquency proceedings for such offenses. A child victim of human trafficking
11shall be referred and is eligible for specialized services for victims of human
12trafficking pursuant to R.S. 46:2161.
13(2) It shall be an affirmative defense to prosecution for a violation of this
14Section that, during the time of the alleged commission of the offense, the defendant
15is determined to be a victim of human trafficking pursuant to the provisions of R.S.
1614:46.2(F). Any person, eighteen years of age or older, who is determined to be a
17victim pursuant to the provisions of this Paragraph of human trafficking shall be
18notified of any treatment or specialized services for human trafficking victims or
19sexually exploited persons to the extent that such services are available.
20§82.1. Prostitution; persons under eighteen; additional offenses
21A. It shall be unlawful to do any of the following:
22(1) For any person over the age of seventeen to engage in sexual intercourse
23with any person under the age of eighteen who is practicing prostitution, who
24receives or agrees to receive anything of value as compensation for such activity and
25there is an age difference of greater than two years between the two persons.
26*  *        *
27B.(1) Lack of knowledge of the age of the person practicing prostitution who
28the offender engages in sexual intercourse with shall not be a defense.
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1(2) It shall not be a defense to prosecution for a violation of this Section that
2the person practicing prostitution who the offender engages in sexual intercourse
3with consented to the activity prohibited by this Section.
4*        *  *
5D.
6*        *  *
7(2) Whoever violates the provisions of Paragraph (A)(1) of this Section when
8the person practicing prostitution who the offender engages in sexual intercourse
9with is under the age of fourteen shall be fined not more than seventy-five thousand
10dollars, imprisoned at hard labor for not less than twenty-five years nor more than
11fifty years, or both. Twenty-five years of the sentence imposed shall be without
12benefit of parole, probation, or suspension of sentence.
13(3)
14*        *  *
15(b) Whoever violates the provisions of Paragraph (A)(2) of this Section when
16the person practicing prostitution who the offender engages in sexual intercourse
17with is under the age of fourteen shall be required to serve at least ten years of the
18sentence imposed in Paragraph (2) of this Subsection without benefit of parole,
19probation, or suspension of sentence.
20E. It shall not be a defense to prosecution for a violation of this Section that
21the person practicing prostitution who is believed who the offender engages in sexual
22intercourse with and who the offender believes to be under the age of eighteen is
23actually a law enforcement officer or peace officer acting within the official scope
24of his duties.
25F. Any person determined to be a victim of this offense shall be eligible for
26specialized services for sexually exploited children. Any person under the age of
27eighteen years who is determined to be a victim of this offense shall be referred and
28is eligible for specialized services for victims of human trafficking pursuant to R.S.
2946:2161.
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1§82.2. Purchase of commercial sexual activity; penalties
2*        *  *
3E.(1) Any child person under the age of eighteen years who is determined
4to be a victim of this offense shall be eligible for specialized services for sexually
5exploited children victims of human trafficking pursuant to R.S. 46:2161.
6(2) Any person, eighteen years of age or older, who is determined to be a
7victim of this offense shall be notified of any treatment or specialized services for
8human trafficking victims or sexually exploited persons to the extent that such
9services are available.
10*        *  *
11§83. Soliciting for prostitutes
12*        *  *
13C.(1) Any child who is identified to be a victim of the crime of soliciting for
14prostitutes shall be referred and be eligible for specialized services for victims of
15human trafficking pursuant to R.S. 14:46.2 or trafficking of children for sexual
16purposes pursuant to R.S. 14:46.3. In accordance with R.S. 14:46.3(E), no victim
17of trafficking of children for sexual purposes shall be prosecuted for a violation of
18this Section if such violation is committed as a direct result of being trafficked. Any
19child who is engaged in prostitution-related offenses is presumed to be a victim of
20human trafficking pursuant to R.S. 14:46.3(E) and is exempt from criminal
21responsibility and delinquency proceedings for such offenses. A child victim of
22human trafficking shall be referred and is eligible for specialized services for victims
23of human trafficking pursuant to R.S. 46:2161.
24(2) It shall be an affirmative defense to prosecution for a violation of this
25Section that, during the time of the alleged commission of the offense, the defendant
26is determined to be a victim of human trafficking pursuant to the provisions of R.S.
2714:46.2(F). Any other person who is eighteen years of age or older who is identified
28as determined to be a victim of the crime of soliciting for prostitutes human
29trafficking shall be notified of any treatment or specialized services for human
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1trafficking victims or sexually exploited persons to the extent that such services are
2available.
3§83.1. Inciting prostitution
4*        *  *
5C.(1) Any person under the age of eighteen years who is determined to be
6a victim of this offense shall be referred and is eligible for specialized services for
7victims of human trafficking pursuant to R.S. 46:2161.
8(2) Any person who is eighteen years of age or older who is determined to
9be a victim of human trafficking shall be notified of any treatment or specialized
10services for human trafficking victims or sexually exploited persons to the extent that
11such services are available.
12§83.2. Promoting prostitution
13*        *  *
14C.(1) Any person under the age of eighteen years who is determined to be
15a victim of this offense shall be referred and is eligible for specialized services for
16victims of human trafficking pursuant to R.S. 46:2161.
17(2) Any person who is eighteen years of age or older who is determined to
18be a victim of human trafficking shall be notified of any treatment or specialized
19services for human trafficking victims or sexually exploited persons to the extent that
20such services are available.
21§83.3. Prostitution by massage
22*        *  *
23D.(1) It shall be an affirmative defense to prosecution for a violation of this
24Section that, during the time of the alleged commission of the offense, the defendant
25was a victim of trafficking of children for sexual purposes as provided in R.S.
2614:46.3(E). Any child determined to be a victim pursuant to the provisions of this
27Paragraph shall be eligible for specialized services for sexually exploited children.
28Any person under the age of eighteen years who is engaged in prostitution-related
29offenses is presumed to be a victim of human trafficking pursuant to R.S. 14:46.3(E)
30and is exempt from criminal responsibility and delinquency proceedings for such
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1offenses. A child victim of human trafficking shall be referred and is eligible for
2specialized services for victims of human trafficking pursuant to R.S. 46:2161.
3(2) It shall be an affirmative defense to prosecution for a violation of this
4Section that, during the time of the alleged commission of the offense, the defendant
5is determined to be a victim of human trafficking pursuant to the provisions of R.S.
614:46.2(F). Any person, eighteen years of age or older, who is determined to be a
7victim pursuant to the provisions of this Paragraph of human trafficking shall be
8notified of any treatment or specialized services for human trafficking victims or
9sexually exploited persons to the extent that such services are available.
10§83.4. Massage; sexual conduct prohibited
11*        *  *
12C.(1) It shall be an affirmative defense to prosecution for a violation of this
13Section that, during the time of the alleged commission of the offense, the defendant
14was a victim of trafficking of children for sexual purposes as provided in R.S.
1514:46.3(E). Any child determined to be a victim pursuant to the provisions of this
16Paragraph shall be eligible for specialized services for sexually exploited children.
17Any child who is engaged in prostitution-related offenses is presumed to be a victim
18of human trafficking pursuant to R.S. 14:46.3(E) and is exempt from criminal
19responsibility and delinquency proceedings for such offenses. A child victim of
20human trafficking shall be referred and is eligible for specialized services for victims
21of human trafficking pursuant to R.S. 46:2161.
22(2) It shall be an affirmative defense to prosecution for a violation of this
23Section that, during the time of the alleged commission of the offense, the defendant
24is determined to be a victim of human trafficking pursuant to the provisions of R.S.
2514:46.2(F). Any person, eighteen years of age or older, who is determined to be a
26victim pursuant to the provisions of this Paragraph of human trafficking shall be
27notified of any treatment or specialized services for human trafficking victims or
28sexually exploited persons to the extent that such services are available.
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1§84. Pandering
2*        *  *
3C.(1) Any child who is engaged in prostitution-related offenses is presumed
4to be a victim of human trafficking pursuant to R.S. 14:46.3(E) and is exempt from
5criminal responsibility and delinquency proceedings for such offenses. A child
6victim of human trafficking shall be referred and is eligible for specialized services
7for victims of human trafficking.
8(2) Any person who is eighteen years of age or older who is determined to
9be a victim of human trafficking shall be notified of any treatment or specialized
10services for human trafficking victims or sexually exploited persons to the extent that
11such services are available.
12*        *  *
13§89. Crime against nature
14*        *  *
15C.
16*        *  *
17(2) It shall be an affirmative defense to prosecution for a violation of
18Paragraph (A)(1) of this Section that, during the time of the alleged commission of
19the offense, the defendant is determined to be a victim of human trafficking pursuant
20to the provisions of R.S. 14:46.2(F). Any person determined to be a victim pursuant
21to the provisions of this Paragraph shall be notified of any treatment or specialized
22services for victims of human trafficking and sexually exploited persons to the extent
23that such services are available.
24*        *  *
25§89.2. Crime against nature by solicitation
26*        *  *
27D.(1) It shall be an affirmative defense to prosecution for a violation of this
28Section that, during the time of the alleged commission of the offense, the defendant
29was a victim of trafficking of children for sexual purposes as provided in R.S.
3014:46.3(E). Any child determined to be a victim pursuant to the provisions of this
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1Paragraph of this offense shall be eligible for specialized services for sexually
2exploited children victims of human trafficking pursuant to R.S. 46:2161.
3*        *  *
4(5) It shall be an affirmative defense to prosecution for a violation of this
5Section that, during the time of the alleged commission of the offense, the defendant
6is determined to be a victim of human trafficking pursuant to the provisions of R.S.
714:46.2(F). Any person determined to be a victim pursuant to the provisions of this
8Paragraph of this offense shall be notified of any treatment or specialized services
9for victims of human trafficking and sexually exploited persons, including but not
10limited to the services provided for by R.S. 46:2161.1, to the extent that such
11services are available.
12Section 2. Children's Code Articles 804(3) and (5) and 839(D) are hereby amended
13 and reenacted to read as follows:
14Art. 804. Definitions
15As used in this Title:
16*        *  *
17(3) "Delinquent act" means an act committed by a child of ten years of age
18or older which if committed by an adult is designated an offense under pursuant to
19the statutes or ordinances of this state, or of another state if the offense occurred
20there, or under federal law, except traffic violations. It includes an act constituting
21an offense under pursuant to R.S. 14:95.8, an act constituting an offense under
22pursuant to R.S. 14:81.1.1(A)(2), and a direct contempt of court committed by a
23child. "Delinquent act" shall does not include a violation of R.S. 14:82, 83.3, 83.4,
2489, or 89.2 for a child who, during the time of the alleged commission of the offense,
25was a victim of trafficking of children for sexual purposes pursuant to R.S.
2614:46.3(E)(2).
27*        *  *
28(5) "Felony-grade delinquent act" means an offense that if committed by an
29adult, may be punished by death or by imprisonment at hard labor. "Felony-grade
30delinquent act" shall does not include a violation of R.S. 14:82, 83.3, 83.4, 89, or
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189.2 for a child who, during the time of the alleged commission of the offense, was
2a victim of trafficking of children for sexual purposes pursuant to R.S. 14:46.3(E)(2).
3*       *       *
4Art. 839. Availability of an informal adjustment agreement
5*       *       *
6D.(1) Where a petition involves an allegation of an act of prostitution
7pursuant to R.S. 14:82, prostitution by massage pursuant to R.S. 14:83.3 or 83.4, or
8crimes against nature by solicitation pursuant to R.S. 14:89.2 and it is the child's first
9offense unlawful act committed as a direct result of the child being a victim of
10human trafficking pursuant to R.S. 14:46.3(E)(1) and the child expresses a
11willingness to cooperate and receive specialized services for sexually exploited
12children, the district attorney may effect an informal adjustment agreement which
13includes specialized services for the child.
14(2) If, however, the child has previously been adjudicated a delinquent in
15violation of R.S. 14:82, 83.3, 83.4, or 89.2 or is unwilling to cooperate with
16specialized services for sexually exploited children, continuing with the delinquency
17proceeding shall be within the discretion of the district attorney.
18(3) The specialized services referenced in Subparagraph (1) of this Paragraph
19may include but are not limited to the services provided pursuant to R.S. 46:2161,
20safe and stable housing, victim advocacy services, comprehensive on-site onsite case
21management, integrated mental health and chemical dependency services, including
22specialized trauma recovery services, education and employment training, and
23referrals to off-site offsite specialized services, as appropriate.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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