Louisiana Revised Statutes & Codes

La. Rev. Stat. § 14:43 (2026)

Third degree rape

✓ current as of May 2026

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§43. Third degree rape

A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.

(2) When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.

(3) When the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

(4) When the offender acts without the consent of the victim.

B. Whoever commits the crime of third degree rape shall be imprisoned at hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.

C. For all purposes, "simple rape" and "third degree rape" mean the offense defined by the provisions of this Section and any reference to the crime of simple rape is the same as a reference to the crime of third degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as "third degree rape".

Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1 Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1, eff. August 15, 2010; Acts 2015, No. 184, §1, eff. August 1, 2015; Acts 2015, No. 256, §1, eff. August 1, 2015.

Notes of Decisions

Cited in 165 cases (27 in the last 5 years), 1959–2025 · leading case: State v. Williams, 632 So. 2d 351 (La. Ct. App. 1993).

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State v. Williams, 632 So. 2d 351 (La. Ct. App. 1993). · cites it 5× “R.S. 14:43 (the simple rape statute) or La.”

State v. Brown, 788 So. 2d 694 (La. Ct. App. 2001). · cites it 4× “R.S. 14:43, and from his sentence of ten years imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.”

State v. Berry, 684 So. 2d 439 (La. Ct. App. 1996). · cites it 3× “R.S. 14:43 defines simple rape as follows: A.”

Vaughn v. St. Helena Par. Police Jury, 192 F. Supp. 2d 562 (M.D. La. 2001). · cites it 6× “Instead of enforcing the existing ordinance, however, the defendant enacted the new Section 14:43, which is substantially more restrictive and fails to meet the fourth requirement of the O’Brien test.”

State v. Cleveland, 115 So. 3d 578 (La. Ct. App. 2013). · cites it 4× “R.S. 14:43. He entered a plea of not guilty at his arraignment on 12 August 2010.”

State v. McDowell, 427 So. 2d 1346 (La. Ct. App. 1983). · cites it 4× “LRS 14:43(2). In this appeal of his sentence and conviction, he assigns seven errors.”

State of Louisiana v. Toby James Fruge, 179 So. 3d 579 (La. 2015). · cites it 2× “R.S. 14:43(A). 14 That a defendant may have taken advantage of an |inunconscious .”

State v. Eley, 203 So. 3d 462 (La. Ct. App. 2016). · cites it 3× “R.S. 14:43 provided in pertinent part in 2012: 4 A.”

State Ex Rel. Olivieri v. State, 779 So. 2d 735 (La. 2001). “§ 14:43, simple rape; LA.REV.STAT. ANN. § 14:43.”

State v. German, 133 So. 3d 179 (La. Ct. App. 2014). · cites it 3× “R.S. 14:43(A). In Porter, supra, the Louisiana Supreme Court concluded that it was reversible error for the trial court to exclude the responsive verdicts of simple rape and attempted simple rape on the charged offense of aggravated rape where the evidence in that case could…”

State v. Williams, 926 So. 2d 665 (La. Ct. App. 2006). · cites it 4× “R.S. 14:43. For reasons that follow, we affirm.”

State v. Starr, 2 So. 3d 451 (La. Ct. App. 2008). · cites it 3× “_jjOn November 2, 2003, the Jefferson Parish District Attorney’s Office filed a bill of information charging the defendant, Dave Starr, with simple rape, a violation of *453 LSA-R.S. 14:43. At his arraignment, the defendant pled not guilty.”

Show all 165 citing cases →

— La. Rev. Stat. § 14:43(1) — 2 cases

In Re Ashy, 721 So. 2d 859 (La. 1998).

State v. Watley, 301 So. 2d 332 (La. 1974).

— La. Rev. Stat. § 14:43(2) — 1 case

State v. McDowell, 427 So. 2d 1346 (La. Ct. App. 1983). “LRS 14:43(2). In this appeal of his sentence and conviction, he assigns seven errors.”

— La. Rev. Stat. § 14:43(3) — 1 case

State v. Watley, 301 So. 2d 332 (La. 1974).

— La. Rev. Stat. § 14:43(A) — 8 cases

State of Louisiana v. Toby James Fruge, 179 So. 3d 579 (La. 2015). “R.S. 14:43(A). 14 That a defendant may have taken advantage of an |inunconscious .”

State v. German, 133 So. 3d 179 (La. Ct. App. 2014). “R.S. 14:43(A). In Porter, supra, the Louisiana Supreme Court concluded that it was reversible error for the trial court to exclude the responsive verdicts of simple rape and attempted simple rape on the charged offense of aggravated rape where the evidence in that case could…”

State v. Leyva-Martinez, 981 So. 2d 276 (La. Ct. App. 2008).

State v. Green, 248 So. 3d 360 (La. Ct. App. 2017).

State v. Wagnon, 261 So. 3d 60 (La. Ct. App. 2018).

— La. Rev. Stat. § 14:43(A)(1) — 15 cases

State v. Eley, 203 So. 3d 462 (La. Ct. App. 2016). “R.S. 14:43 provided in pertinent part in 2012: 4 A.”

State v. Starr, 2 So. 3d 451 (La. Ct. App. 2008). “_jjOn November 2, 2003, the Jefferson Parish District Attorney’s Office filed a bill of information charging the defendant, Dave Starr, with simple rape, a violation of *453 LSA-R.S. 14:43. At his arraignment, the defendant pled not guilty.”

State v. Taylor, 774 So. 2d 379 (La. Ct. App. 2000).

State v. GT, JR., 71 So. 3d 394 (La. Ct. App. 2011).

State v. Richard, 902 So. 2d 1271 (La. Ct. App. 2005).

— La. Rev. Stat. § 14:43(A)(2) — 4 cases

State v. Lott, 940 So. 2d 722 (La. Ct. App. 2006).

Keeley, 27 I. & N. Dec. 146 (2017).

Penny v. State, 702 So. 2d 1173 (La. Ct. App. 1997).

— La. Rev. Stat. § 14:43(A)(3) — 1 case

— La. Rev. Stat. § 14:43(A)(4) — 3 cases

In re State in Interest of W.A.P., 274 So. 3d 690 (La. Ct. App. 2019).

State of Louisiana v. Torey Kirby (La. Ct. App. 2021).

— La. Rev. Stat. § 14:43(B) — 14 cases

State v. Baker, 970 So. 2d 948 (La. 2008).

State of Louisiana v. Toby James Fruge, 179 So. 3d 579 (La. 2015). “R.S. 14:43(A). 14 That a defendant may have taken advantage of an |inunconscious .”

State v. Williams, 926 So. 2d 665 (La. Ct. App. 2006). “R.S. 14:43. For reasons that follow, we affirm.”

State v. Jeansonne, 931 So. 2d 1258 (La. Ct. App. 2006).

State v. Keener, 939 So. 2d 510 (La. Ct. App. 2006).

— La. Rev. Stat. § 14:43(C) — 5 cases

State v. Brown, 788 So. 2d 694 (La. Ct. App. 2001). “R.S. 14:43, and from his sentence of ten years imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.”

State v. Eley, 203 So. 3d 462 (La. Ct. App. 2016). “R.S. 14:43 provided in pertinent part in 2012: 4 A.”

State v. Yancy, 673 So. 2d 1018 (La. 1996).

State of Louisiana v. William A. McDonough (La. Ct. App. 2023).

State v. Yancy, 673 So. 2d 1018 (La. 1996).

— La. Rev. Stat. § 14:43(a) — 1 case

Vaughn v. St. Helena Par. Police Jury, 192 F. Supp. 2d 562 (M.D. La. 2001). “Instead of enforcing the existing ordinance, however, the defendant enacted the new Section 14:43, which is substantially more restrictive and fails to meet the fourth requirement of the O’Brien test.”

— La. Rev. Stat. § 14:43(e) — 1 case

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