Registered as a Sex Offender for a Crime Against Nature Conviction? The Law Has Changed!! Louisiana Revised Statute 15:542(F)(4) – Crime Against Nature and Sex Offender Registry

From Deon Haywood of Women With a Vision:

Are you currently required to register as a sex offender for a crime against nature conviction? If so, the law has changed and you may no longer be required to register as a sex offender. In order to be relieved of your sex offender registration requirement, the new law requires you to do certain things, including filing what’s called a Motion in court to get you off the sex offender registry permanently. If you think this applies to you and you want to learn more about the new law and how to file a Motion in court, please come to one of the following Community Meetings organized by Women With A Vision and Orleans Public Defenders:

DATE TIME LOCATION coming soon

For more information about the Meetings, please contact:

Kim Diemer
Orleans Public Defenders
2601 Tulane Ave, 7th Floor
(504) 821-8101
kdiemer@opdla.org

Deon Haywood,ED
Women With A Vision
(504) 931-7944
deon@wwav-no.org

The new law states that “Any persons who was convicted of crime against nature…may file a motion in the court of conviction to be relieved of the sex offender registration and notification requirements.” (Louisiana Revised Statute 15:542(F)(4)). This law was passed by the Louisiana Legislature because the sex offender registration for those convicted of crime against nature was found unconstitutional.

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Louisiana Revised Statute 15:542(F)(4))

(4)(a) Any person who was convicted of crime against nature (R.S. 14:89) prior to August 15, 2010, may file a motion in the court of conviction to be relieved of the sex offender registration and notification requirements of this Chapter if the offense for which the offender was convicted would be defined as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted on or after August 15, 2010. Offenders convicted of an offense under the laws of another state, or military, territorial, foreign, tribal, or federal law may file a motion in the district court of his parish of residence once the administrative procedures of R.S. 15:542.1.3 have been exhausted, and the elements of the offense of conviction have been found to be equivalent to the current definition of crime against nature by solicitation (R.S. 14:89.2). The provisions of this Subparagraph shall not apply to persons whose conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation of a person under the age of seventeen and would authorize sentencing of the offender pursuant to R.S. 14:89.2(B)(3), had the offender been convicted on or after August 15, 2010.

(b) The motion shall be accompanied by supporting documentation to establish that the person was convicted of crime against nature prior to August 15, 2010, and that the offense for which the offender was convicted would be defined as crime against nature by solicitation (R.S. 14:89.2) had the offender been convicted on or after August 15, 2010.

(c) The district attorney, office of state police, and the Department of Justice, shall be served with a copy of the motion.

(d) If the supporting documentation described in Subparagraph (b) of this Paragraph is provided and meets the requirements of Subparagraph (4)(b), relief shall be granted unless the district attorney objects and provides supporting documentation proving that the offense for which the person was convicted, and which requires registration and notification pursuant to the provisions of this Chapter, involved the solicitation of a person under the age of seventeen.

(e) If the district attorney proves by clear and convincing evidence that the conviction for crime against nature pursuant to R.S. 14:89 involved the solicitation of a person under the age of seventeen, the court shall deny the motion to be relieved of the sex offender registration and notification requirements as provided by the provisions of this Paragraph.

(f) The provisions of this Paragraph shall not apply to any person who was convicted of one or more offenses which otherwise require registration pursuant to the provisions of this Chapter.