State of Louisiana v. Anibal Zelaya

STATE OF LOUISIANA NO. 2026 KW 0628

VERSUS

ANIBAL ZELAYA MAY , 12, 2026

In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC - 25- 04290.

BEFORE: McCLENDON, C. J., GREENE AND STROMBERG, JJ.

STAY DENIED. WRIT GRANTED. The definitions in 2022 La. Act No. 173 constitute an interpretive enactment intended to clarify the of terms previously included in the pre - revision meaning version of the statute, La. R. S. 14: 41. Specifically, the amendment of Subsection B makes it clear that it does not matter whether the proscribed sexual penetration is accomplished using the offender' s genitals, the victim' s genitals, or an instrumentality.

Furthermore, the phrase, " sexual penetration," included in any both the pre- and post -revision versions of La. R. S. 14: 41( B), is broad enough to proscribe the conduct specified in the amended version of the statute. See State v. B. M. S., 2024- 1246 ( La. App. 1st Cir. 3/ 24/ 26), So. 3d , 2026 WL 819717. Accordingly, the district court' s finding of no probable cause for third degree rape is reversed and this matter is remanded for further proceedings.

PMC HG TPS