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Committee clarifies first‑degree sexual‑offense language to include 'overpowering' attacks; survivor testimony supports change

House Committee on Administration of Criminal Justice (Louisiana House of Representatives) · March 18, 2026

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Summary

HB92 clarifies first‑degree sexual‑offense language to capture assaults where force overpowers a victim's ability to resist; the Jefferson Parish DA’s office and survivors supported the clarification and the committee reported the bill favorably.

The committee reported House Bill 92 favorably after the author, Chairwoman Schlegel, said the measure clarifies an element of first‑degree sexual offenses where an offender uses force that deprives a victim of the opportunity to resist.

Darren Aleman of the Jefferson Parish District Attorney's Office told the committee the bill fills a gap that can leave "blitz attacks" (for example, an attack from behind or a single overpowering strike) charged under second‑degree instead of first‑degree sexual offense. A survivor, Brandy Melissa, described why clearer statutory language matters for evidence and jury instructions: "When overwhelming force removes a person's ability to resist, the law must recognize that lack of consent."

The bill also reorders responsive verdicts and repeals an outdated oral‑sex provision made redundant by earlier reforms. The committee recorded supportive green cards from multiple district attorneys and law‑enforcement groups and reported HB92 favorably.