84 Tul. L. Rev. 429 (2009-2010)
A Crime against Common Sense: How Louisiana's Implementation of the Adam Walsh Act Exposes the Law's Most Significant Flaw

handle is hein.journals/tulr84 and id is 433 raw text is: COMMENTS
A Crime Against Common Sense:
How Louisiana's Implementation of the Adam
Walsh Act Exposes the Law's
Most Significant Flaw
Kelsey Meeks Duncan*
In Louisiana, hundreds ofpeople are required to register as sex offenders for committing
a crime that is neither violen; predatory, nor against children. Prostitutes who offer (or solicitors
seeking) vaginal sex are convicted of prostitution, whereas prostitutes offering (or solicitors
seeking) oral or anal sex may be convicted of Crime against nature and must register as sex
offenders. Tis Comment explores how Louisiana   implementation of the flawedAdam Walsh
Act has led to the senseless mislabeling of those convicted of Crime against nature as sex
offenders. More than merely recognizing the problem, this Comment offers apractical solution.
I.    INTRODUCTION      ............................................................................. 430
II.   SOME RELEVANT HISTORY ........................................................... 433
A.     TheA WA and Its Precumvrs ......               .............       433
B.     CrimeAgainst Naturein Louisiana ............................... 434
C     Sex Offender Registiation Requirements ......................... 436
III. THE PROBLEM: STATES MAY EXCEED AWA
REQUIREMENTS AND REMAIN COMPLIANT ................................. 437
A.    A  Unique Situation in Louisiana ....................................... 438
B.    Including Section 14.-89 Is Contray to the
Registry  Purpose .............................................................. 440
C     Challenges to the Constitutionality ofLouisiana '
CimeAgainstNatureLaw ......................................4...... 41
1.    Recent Section 14:89 Cases ...................................... 442
2.    Lawrence v Texas's Impact on Louisiana's
Sodom   y  Statute  .......................................................... 445
IV    CONSEQUENCES OF LOUISIANA'S AWA IMPLEMENTATION
PER RESEARCH DATA ................................................................... 446
© 2009 Kelsey Meeks Duncan. J.D. candidate 2010, Tulane University School of
Law; B.A. 2005, University of Southern Mississippi. I would like to thank Professor Janet
Hoeffel for her enthusiasm and guidance; Ramsey Prather, Erica Therio, and Nadja Tilstra for
their research and editing assistance; my family for their endless support; and, especially,
Jamie Duncan for his patience and encouragement. Special thanks also to Twissy and Joanell
for their invaluable contributions to this Comment.
429

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