What is SCAN?
- Louisiana Statute14:89 A(2) defines SCAN as the solicitation by a human being of another with the intent to engage in any unnatural carnal copulation for compensation. Louisiana 14:89 A(1) defines unnatural carnal copulation as anal or oral sex. A(2) further states that emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.
- Basically, the offense is defined as prostitution using a genital organ in sex acts such as anal or oral sex, and emission, or the act itself, is not necessary to constitute the crime, just the verbal exchange with the intent to commit the sex act is needed for conviction.
- SCAN and Solicitation of Prostitution are two different charges with two different penalties, prostitution being a misdemeanor, and SCAN carrying a potential felony conviction.
Who is affected by SCAN?
- SCAN affects mostly low income women and transgender women of color.
- SCAN is a registrable sex offense, however it is not a crime committed against children or minors. The crime doesn’t involve minors or children at all. The majority of SCAN cases involve a person and an undercover police officer.
- Just under half of the offenders on the Orleans Parish Sex Offender Registry are women with a SCAN conviction, the number ranges from 350-400 women.
- Beginning August 2010, the first SCAN offense/conviction is a misdemeanor. The second offense is a felony with required sex offender registration for a period of 15 years. However, the law is not retroactive and only applies to SCAN convictions from August 2010 and on.
- If a person has been convicted of SCAN in the past, and sex offender registration was never enforced at the time of the original conviction, that person may be forced to register if ever brought up on new charges, even if the new charge/conviction does not include solicitation or SCAN. They will have to register beginning from the new conviction date.
- There is little consistency with regard to how the conviction is enforced, some women having to mail out sex offender notification cards in the neighborhood and some do not. It is at the discretion of the Judge presiding over the case.
Can you get housing with a SCAN conviction?
- Under Section 15:538 of the Sexual Offender Law (which is separate from the Registry law), no sexual offender whose offense involved a minor child AND is on probation or parole may physically reside within 1000 feet of a group or residential home.
- The law indicates that a person with a prior SCAN conviction and/or who currently registers as a sex offender CAN legally live in a group home, residential home, housing shelter etc if a) the person wasn’t convicted of an offense involving a minor OR b) the person is not on probation or parole.