Louisiana has become the first state with the power to punish child sex offenders with surgical castration under a bill that was recently passed by Republican Governor Jeff Landry.
The law came into effect on Thursday, August 1, as part of wider series of conservative legislation in the state including anti-LGBTQ+ policies and absentee ballot regulations.
Newsweek has reached out to Governor Landry via email for comment.
The new law gives state judges the power to punish sex offenders found guilty of certain sex offenses—including rape, molestation and incest—against children under the age of 13.
The state hopes the threat of surgical castration might act as a deterrent for those who commit sexual offenses against children.
This is not a blanket punishment for all sex offenders, however, and will be up to the discretion of the judge. The bill also states that a medical expert must determine “that the defendant is an appropriate candidate for surgery.”
If an offender refuses the surgery, they could be sentenced to an additional five years in prison. Those under the age of 17 who are found guilty of sex crimes are not allowed to receive the punishment.
For over 15 years, Louisiana has had legislation in place that allows for chemical castration. Other states including Georgia, Iowa and California also have some form of chemical castration legislation. Chemical castration involves the use of drugs to limit testosterone production and thereby lower sex drive.
Evan Vucci/AP
Surgical castration is far more invasive and involves removing both testicles or ovaries. It is currently only practiced in the Czech Republic and Nigeria.
AP Newsroom reports there are currently 2,224 people in prison in Louisiana for sex crimes that could be punishable with surgical castration. However, the new law only applies to those found guilty on or after August 1.
“This is a consequence. It’s a step over and beyond just going to jail and getting out,” Republican state Senator Valarie Hodges said at a committee hearing for the bill in April.
The law was authored by Democratic state Senator Regina Barrow and was passed by Landry who took office in January and the Republican supermajority in both chambers of the Louisiana State Legislature.
Opponents say the punishment is cruel and unusual, and question its effectiveness as a deterrent and raise concerns about potential constitutional challenges.
Newsweek has contacted Senators Hodges and Barrow via email for comment.
Meanwhile, other new legislation passed in Louisiana includes a broad ban on teachers discussing sexual orientation and gender identity in schools; permission to carry a concealed weapon without a permit in New Orleans; and increased restrictions on absentee ballots.
Last month, Landry signed a bill requiring the Ten Commandments be on display in every classroom.