§43.7. Administration of surgical castration for certain sex offenders; failure to comply with
court order
A. Notwithstanding any other provision of law to the contrary, upon conviction of
any sex offense as defined in R.S. 15:541 that is also an aggravated offense as defined in R.S.
15:541, except sexual battery prosecuted under R.S. 14:43.1(C)(2) and second degree sexual
battery, occurring on or after August 1, 2024, when the victim is under the age of thirteen at
the time of the offense, in addition to any other sentence imposed for the offense, the court
may sentence the offender to be surgically castrated, to be administered by the Department
of Public Safety and Corrections by a licensed physician. The department shall provide the
services necessary to perform the castration.
B.(1) An order of the court sentencing an offender to surgical castration under this
Section shall be contingent upon a determination by a court-appointed medical expert that
the offender is an appropriate candidate for surgery. Notwithstanding Paragraph (2) of this
Subsection, this determination shall be made not later than sixty days from the imposition
of sentence.
(2) In all cases involving an offender sentenced to a period of incarceration or
confinement in an institution, the procedure shall be performed not later than one week prior
to the offender's release from the institution.
(3) If an offender fails to appear as required by court order for purposes of the
procedure or refuses to allow the procedure, then the offender shall be charged with a
violation of the provisions of this Section. Upon conviction, the offender shall be
imprisoned, with or without hard labor, for not less than three years nor more than five years
without benefit of probation, parole, or suspension of sentence.
C. Nothing in this Section shall be construed to require the surgical castration when
it is not medically appropriate.
D. The provisions of this Section shall not apply to an offender who is under the age
of seventeen years.
Acts 2024, No. 651, §1.