Download the Crime Against Nature Factsheet (PDF)
Louisiana’s Solicitation of a Crime Against Nature statute, which dates back to the 19th century, is an archaic law founded on moral disapproval of what kinds of sex acts are acceptable. The statute criminalizes sexual conduct considered contrary to the laws of nature because it is nonprocreative.
The Crime Against Nature statute harshly punishes individuals who offer or agree to have oral or anal sex — acts historically associated with homosexuality — for money by requiring them to register as a sex offender upon conviction.
This is the only instance in which an offense that does not involve children, the use of force, violence, a weapon or lack of consent requires registration. Louisiana’s own prostitution statute does not trigger a registration requirement, and this stands to reason, because a simple prostitution conviction also does not involve force, lack of consent, violence, or children.
The inclusion of offenses under the Crime Against Nature statute on Louisiana’s sex offender registry is both discriminatory and unconstitutional, and disparately affects women, people across the spectrum of gender and sexuality, including gay, lesbian and transgender people, African Americans
and poor people.
A Situation Ripe for Abuse and Discrimination
Most of the people convicted of Crime Against Nature by Solicitation law are poor women of color and lesbian, gay, bisexual, transgender and questioning (LGBTQ) people who often must turn to sex work to survive.
The statute brands poor women and LGBTQ people with a modern-day scarlet letter and disproportionately affects members of the black community.
In Orleans Parish, almost 40 percent of registered sex offenders are on the registry because they were convicted under the Crime Against Nature statute – despite the fact that their convictions did not involve any force, lack of consent or children. Furthermore, 75 percent of those registered are women, 79 percent of them are African American.
Police officers and prosecutors have complete discretion in applying the statute throughout the entire legal process – from the initial arrest and charges to conviction and subsequent mandatory registration as a sex offender. This creates a situation ripe for abuse and discriminatory enforcement.
An Unconstitutional and Unjustifiable Law
Disparate punishment for the solicitation of - or only offering or agreeing to engage in - oral or anal sex for money more harshly than for solicitation of vaginal sex has no rational or legitimate purpose. In reality, individuals convicted solely for Crime Against Nature who are required to register as sex offenders pose no threat to children or the community.
Until August 2010, even a first Crime Against Nature conviction would trigger a registration requirement. Despite legislative amendments to the law, anyone convicted of a first offense before August 2010 or with a second charge must continue to register on the sex offender registry.
A Modern-Day Scarlet Letter
For individuals convicted under the statute, sex offender registration has a devastating effect on every aspect of their lives, including their rights to housing, employment, travel, identification documents and access to evacuation services in the event of an emergency or natural disaster. This is what one experiences if convicted under the Crime Against Nature statute:
If you are convicted under the statute twice, registration is required annually for 15 years. Any subsequent convictions lead to a lifetime registration. During this 15 year period, you must carry a state ID with the words “SEX OFFENDER” in bright orange capital letters. If you fail to pay annual registration fees, it is likely that you will receive prison time or a $500 fine.
You must mail neighbors postcards notifying them of your name, address, description and your Crime Against Nature conviction – which requires that you spend additional hundreds of dollars every time you move. Your name, address and photograph will appear on a sex offender website, and you may be required to publish your name and Crime Against Nature conviction in the local newspaper. You must disclose the fact that you are registered as a sex offender to your landlord, employer, school, parks department, community centers and place of worship.
It is very possible you will be denied access to homeless shelters and drug treatment because such facilities do not accept sex offenders. And in the case of an evacuation in a natural disaster or other emergency, you will not be allowed to stay with your children or family in a publicly-run emergency shelter, and you must present yourself as a registered sex offender in all emergency situations.
The Crime Against Nature sex offender registration requirement ultimately shuts down access to the services necessary for people to live a productive life and to take care of themselves and their families.
The case of Doe v. Jindal
In February 2011, the Center for Constitutional Rights (CCR), Andrea J. Ritchie, Esq., and the Stuart H. Smith Law Clinic of Loyola University New Orleans College of Law filed a federal civil rights complaint challenging the continued use of the 206 year-old Crime Against Nature statute that brands people who solicit or agree to oral and anal sex as sex offenders. The complaint was filed in the United States District Court Eastern District of Louisiana in New Orleans on behalf of nine anonymous plaintiffs. Some of the plaintiffs have multiple convictions of Crime Against Nature by Solicitation and must register as sex offenders for the rest of their lives.
The lawsuit alleges that being forced to register as a sex offender because of a Crime Against Nature conviction (which is the only offense requiring registration that includes no element of force, coercion, lack of consent, use of a weapon, or the involvement of a minor) serves no legitimate purpose whatsoever. As such, it is unjustifiable and unconstitutional. CCR further contends that the only reason our clients are registered sex offenders is that they were convicted under the provisions of a 200-year-old statute that condemns non-procreative sex acts and sex acts traditionally associated with homosexuality, solely on grounds of moral disapproval.
The Louisiana Legislature must:
- Stop putting individuals convicted under the Crime Against Nature statute on the sex offender registry;
- Remove Crime against Nature from the list of offenses that require registration as a sex offender; and
- Remove individuals who are currently registered as sex offenders under Crime Against Naturefrom the registry; stop subjecting them to the onerous requirements of the registry law and expunge their registry records
Louisiana’s Solicitation of a Crime Against Nature statute, which dates back to the 19th century, is an archaic law founded on moral disapproval of what kinds of sex acts are acceptable. The statute criminalizes sexual conduct considered contrary to the laws of nature because it is nonprocreative.
The Crime Against Nature statute harshly punishes individuals who offer or agree to have oral or anal sex — acts historically associated with homosexuality — for money by requiring them to register as a sex offender upon conviction.
This is the only instance in which an offense that does not involve children, the use of force, violence, a weapon or lack of consent requires registration. Louisiana’s own prostitution statute does not trigger a registration requirement, and this stands to reason, because a simple prostitution conviction also does not involve force, lack of consent, violence, or children.
The inclusion of offenses under the Crime Against Nature statute on Louisiana’s sex offender registry is both discriminatory and unconstitutional, and disparately affects women, people across the spectrum of gender and sexuality, including gay, lesbian and transgender people, African Americans
and poor people.
A Situation Ripe for Abuse and Discrimination
Most of the people convicted of Crime Against Nature by Solicitation law are poor women of color and lesbian, gay, bisexual, transgender and questioning (LGBTQ) people who often must turn to sex work to survive.
The statute brands poor women and LGBTQ people with a modern-day scarlet letter and disproportionately affects members of the black community.
In Orleans Parish, almost 40 percent of registered sex offenders are on the registry because they were convicted under the Crime Against Nature statute – despite the fact that their convictions did not involve any force, lack of consent or children. Furthermore, 75 percent of those registered are women, 79 percent of them are African American.
Police officers and prosecutors have complete discretion in applying the statute throughout the entire legal process – from the initial arrest and charges to conviction and subsequent mandatory registration as a sex offender. This creates a situation ripe for abuse and discriminatory enforcement.
An Unconstitutional and Unjustifiable Law
Disparate punishment for the solicitation of - or only offering or agreeing to engage in - oral or anal sex for money more harshly than for solicitation of vaginal sex has no rational or legitimate purpose. In reality, individuals convicted solely for Crime Against Nature who are required to register as sex offenders pose no threat to children or the community.
Until August 2010, even a first Crime Against Nature conviction would trigger a registration requirement. Despite legislative amendments to the law, anyone convicted of a first offense before August 2010 or with a second charge must continue to register on the sex offender registry.
A Modern-Day Scarlet Letter
For individuals convicted under the statute, sex offender registration has a devastating effect on every aspect of their lives, including their rights to housing, employment, travel, identification documents and access to evacuation services in the event of an emergency or natural disaster. This is what one experiences if convicted under the Crime Against Nature statute:
If you are convicted under the statute twice, registration is required annually for 15 years. Any subsequent convictions lead to a lifetime registration. During this 15 year period, you must carry a state ID with the words “SEX OFFENDER” in bright orange capital letters. If you fail to pay annual registration fees, it is likely that you will receive prison time or a $500 fine.
You must mail neighbors postcards notifying them of your name, address, description and your Crime Against Nature conviction – which requires that you spend additional hundreds of dollars every time you move. Your name, address and photograph will appear on a sex offender website, and you may be required to publish your name and Crime Against Nature conviction in the local newspaper. You must disclose the fact that you are registered as a sex offender to your landlord, employer, school, parks department, community centers and place of worship.
It is very possible you will be denied access to homeless shelters and drug treatment because such facilities do not accept sex offenders. And in the case of an evacuation in a natural disaster or other emergency, you will not be allowed to stay with your children or family in a publicly-run emergency shelter, and you must present yourself as a registered sex offender in all emergency situations.
The Crime Against Nature sex offender registration requirement ultimately shuts down access to the services necessary for people to live a productive life and to take care of themselves and their families.
The case of Doe v. Jindal
In February 2011, the Center for Constitutional Rights (CCR), Andrea J. Ritchie, Esq., and the Stuart H. Smith Law Clinic of Loyola University New Orleans College of Law filed a federal civil rights complaint challenging the continued use of the 206 year-old Crime Against Nature statute that brands people who solicit or agree to oral and anal sex as sex offenders. The complaint was filed in the United States District Court Eastern District of Louisiana in New Orleans on behalf of nine anonymous plaintiffs. Some of the plaintiffs have multiple convictions of Crime Against Nature by Solicitation and must register as sex offenders for the rest of their lives.
The lawsuit alleges that being forced to register as a sex offender because of a Crime Against Nature conviction (which is the only offense requiring registration that includes no element of force, coercion, lack of consent, use of a weapon, or the involvement of a minor) serves no legitimate purpose whatsoever. As such, it is unjustifiable and unconstitutional. CCR further contends that the only reason our clients are registered sex offenders is that they were convicted under the provisions of a 200-year-old statute that condemns non-procreative sex acts and sex acts traditionally associated with homosexuality, solely on grounds of moral disapproval.
The Louisiana Legislature must:
- Stop putting individuals convicted under the Crime Against Nature statute on the sex offender registry;
- Remove Crime against Nature from the list of offenses that require registration as a sex offender; and
- Remove individuals who are currently registered as sex offenders under Crime Against Naturefrom the registry; stop subjecting them to the onerous requirements of the registry law and expunge their registry records
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