Physical Castration Sex Offenders in Louisiana

 

Administration of Medroxyprogesterone Acetate (MPA) Sex Offenders La R.S.  —  14:43.6

Upon a first conviction of any of the following:

• aggravated rape, First Degree Rape as of 2015
• forcible rape, Second Degree Rape as of 2015
• second degree sexual battery,
• aggravated incest,
• molestation of a juvenile when the victim is under the age of thirteen, and
• aggravated crime against nature,

The court may sentence the offender to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Public Safety and Corrections.

Upon a second or subsequent conviction of any of the following:

• aggravated rape, First Degree Rape as of 2015
• forcible rape, Second Degree Rape as of 2015
• second degree sexual battery,
• aggravated incest,
• molestation of a juvenile when the victim is under the age of thirteen, and
• aggravated crime against nature,

The court shall sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.

Guidelines and Rules

• • If the court sentences a defendant to be treated with medroxyprogesterone acetate (MPA), this treatment may not be imposed in lieu of, or reduce, any other penalty prescribed by law.

• • In lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration provided the defendant file a written motion with the court stating that he intelligently and knowingly, gives his voluntary consent to physical castration as an alternative to the treatment.

• • An order sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment.  This determination shall be made not later than sixty days from the imposition of sentence.

• • An order sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.

• • In all cases involving defendants sentenced to a period of incarceration or confinement in an institution, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant’s release from prison or such institution.

• • If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails to appear as required by the Department of Public Safety and Corrections for purposes of administering the medroxyprogesterone acetate (MPA) or who refuses to allow the administration of medroxyprogesterone acetate (MPA), then the defendant shall be charged with a violation and may be imprisoned, with or without hard labor, for 3 to 5 years without benefit of probation, parole, or suspension of sentence.

• • If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) or ordered to undergo physical castration takes any drug or other substance to reverse the effects of the treatment, he shall be held in contempt of court.

Legal Representation

If you or a loved one is facing a Sex Offense charge, it is imperative that you have a knowledgeable, experienced attorney. Contact dwi attorney new orleans

Readmore Second Degree Rape / Forcible Rape — Louisiana Law