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Committee approves substitute tightening penalties for accessories in child-molestation cases
Summary
Lawmakers adopted a substitute for SB 86 to treat certain post-offense assistance in child-sex-abuse cases as accessory after the fact, with mandatory minimums (half the principal's minimum) and limits on suspension of sentence; the substitute was drafted with input from prosecutors.
Chairman Morris presented a substitute for SB 86 after consultation with prosecutors and staff. The substitute moves elements of the proposal into the accessory-after-the-fact statute to ensure people who assist offenders in hiding child sexual abuse cannot evade meaningful punishment. Zach Daniels of the Louisiana District Attorneys Association explained the change is intended to close an inadvertent loophole in the original language and maintain consistency in the criminal code.
Under the substitute language, an accessory after the fact to specified offenses would face a mandatory minimum term equal to half the minimum sentence provided by law for the principal offender; committee discussion clarified that the sentence would not be eligible for suspension in these cases. Senator Kleinpeter and others asked for examples and clarity about how aiding-and-abetting language was removed and replaced by an accessory-after-the-fact specification to avoid unintended consequences.
The committee adopted amendment set 891 (the substitute) and reported SB 86 favorably.
