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Louisiana Crim Law I

Prof. Viator Loyola New Orleans Fall 2015

TermDefinition
Method of Citation §14:1 This Chapter shall be known as the Louisiana Criminal Code. The provisions hereunder may be referred to or cited either as Articles of the Criminal Code or as Sections of the Revised Statutes....
Definitions §14:2 (A) In the Code the terms enumerated shall have the designated meanings: Another, Anything of Value, Dangerous Weapon, Felony, Foreseeable, Misdemeanor, Person, Property, Public officer, State, Unborn Child, Whoever. (B) Crimes of Violence 1-44.
Another §14:2(A)(1) refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof.
Anything of Value §14:2(A)(2) must be given the broadest possible construction, including any conceivable thing of...slightest value, movable or [not], corporeal or [not], public or [not], and including trans., telephone and telegraph servs., or any other serv. for hire...
Dangerous Weapon §14:2(A)(3) includes any gas, liquid, or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.
Felony §14:2(A)(4) is any crime for which an offender may be sentenced to death or imprisonment at hard labor.
Foreseeable §14:2(A)(5) refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.
Misdemeanor §14:2(A)(6) is any crime other than a felony.
Person §14:2(A)(7) includes a human being from the moment of fertilization and implantation and also includes a body of persons, whether incorporated or not.
Property §14:2(A)(8) refers to both public and private property, movable and immovable, and corporeal and incorporeal property.
Public officer, Public office, Public employee, or Position of authority §14:2(A)(9) means and applies to any executive, ministerial, admin., judicial, or legislative officer, office, employee, or position of authority respectively, of the state of LA or an parish, municipality, district, or other political subdivision...
State §14:2(A)(10) means the state of LA or any parish, municipality, district, or other political subdivision thereof, or any agency, board, commission, department, or institution of said state, parish, municipality, district, or other political subdivision.
Unborn Child §14:2(A)(11) means any individual of the human species from fertilization and implantation until birth.
Whoever §14:2(A)(12) in a penalty clause refers only to natural persons insofar as death or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty clause refers to any person.
Crime of Violence §14:2(B) means an offense that has, as an element, [any] use...of physical force against the person or property of another, and that, by its very nature, involves a substantial risk [of] physical [harm]...44 Enumerated offenses:...
Interpretation §14:3 The Articles in this Code cannot be extended by analogy so as to create crimes not provided for herein; however...all of its provisions shall be given a genuine construction, according to the fair import of their words, taken in their usual sense...
Conduct Made Criminal Under Several Articles; How Prosecuted §14:4 Prosecution may proceed under either provision, in the discretion of the district attorney, whenever an offender's conduct is:(1)[Criminal under a general and special art. in this Code] or (2)[Criminal under an art. and some other provision.]
Lesser and Included Offenses §14:5 An offender who commits an offense which includes all the elements of other lesser offenses, may be prosecuted for and convicted of either the greater offense or one of the lesser and included offenses.....
Civil Remedies Not Affected §14:6 Nothing in this Code shall affect any civil remedy by the law pertaining to civil matters, or any legal power to inflict penalties for contempt.
Crime Defined §14:7 A crime is that conduct which is defined as criminal in this Code, or in other acts of the legislature, or in the constitution of this state.
Criminal Conduct §14:8 consists of: (1) An act or failure to act that produces criminal consequences..[with] criminal intent; or (2) An act or failure to act that produces criminal consequences, [without]criminal intent; or (3) Criminal negligence...cons.
Criminal Consequences §14:9 are any set of consequences prescribed in the articles of this Code or in the other acts of the legislature of this state as necessary to constitute any of the various crimes defined therein.
Criminal Intent §14:10 may be specific or general: (1) Specific Criminal Intent. (2) General Criminal Intent
Specific Intent §14:10(1) Specific criminal intent is the state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.
General Intent §14:10(2) [I]s present when there is specific intent, and also when the circumstances indicate that the offender,...must have adverted to the prescribed criminal consequences as reasonably certain to result for his act or failure to act.
Criminal Intent; How Expressed §14:11 [S]ome crimes require a specific criminal intent, while in others no intent is required. Some crimes consist merely of criminal negligence...in the absence of qualifying provisions, the terms "intent" and "intentional" mean general intent.
Criminal Negligence §14:12 exists when, although neither specific or general intent is present, there is such a disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected..by a reasonably careful man...
Infancy §14:13 Those who have not reached the age of ten years are exempt from criminal responsibility. However, nothing in this article shall affect the jurisdiction of juvenile courts as established by the constitution and statutes of this state.
Insanity §14:14 [T]he circumstances indicate that because of a mental disease or mental defect the offender was incapable of distinguishing between right and wrong with reference to the conduct in question, the offender shall be exempt from criminal responsibility
Intoxication §14:15 [A]n intoxicated or drugged condition...is immaterial, except..: (1) [where the condition has been involuntary and...it is the direct cause of the commission of the crime] (2) [where the condition precluded the presence of a specific intent...]
Mistake of Fact §14:16 Unless there is a provision to the contrary in the definition of a crime, reasonable ignorance of fact or mistake of fact which precludes the presence of any mental element required in that crime is a defense to any prosecution for that crime.
Mistake of Law §14:17 Ignorance...of any crim. stat. is not a defense. Except when...results in the lack of an intention that consequences which are criminal...follow, is a defense [if]: the offender...relied on (1) the act of the leg. or (2) final judgment of a...court
Justification; General Provisions §14:18 [C]onduct, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct. [There are 7 justification provisions]
Justifications §14:18[(1) [D]uties of public office; (2) of a lawful arrest; (3)conduct is authorized by law; (4) discipline of minors (5) crime consists of failure to perform due to impossiblity; (6) self-defense; or (7) defense of others or property[arts.19-22]]
Use of Force or Violence in Defense (A) §14:19(A) is justifiable when committed for the purpose of preventing a forcible offense or trespass against property in a person's lawful possession, provided the force is reasonably and necessary to prevent such offense[does not justify homicide].
Justifiable Homicide §14:20(A)(1) Self-Defense; (2) Preventing a violent or forcible felony involving danger to life; (3) Preventing an unlawful force against someone in a dwelling, motor vehicle , (4) Necessary to compel the intruder to leave a dwelling.
Investigation of Death Due to Violence or Suspicious Circumstances when Claim of Self-Defense is Raised §14:20.1 When a death results from violence or under suspici[on] and a claim of self-defense is raised, the appropriate law enforcement agency and coroner shall expeditiously conduct a full investigation of the death. All evidence shall be preserved.
Aggressor Cannot Claim Self-Defense §14:21 A person...who brings on a difficulty cannot claim the right of self-defense unless he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict.
Defense of Others §14:22 It is justifiable to use force or violence or to kill...when it is reasonably apparent that the person attacked could have justifiably used such means himself, and when it is..believed that such intervention is necessary to protect the other person
Parties Classified §14:23 The parties to crimes are classified as: (1) Principal; and (2) Accessories after the fact.
Principals §14:24 All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in it commission, or directly or [not] counsel or procure another to commit the crime.
Accessories After the Fact §14:25 any person who, after the commission of a felony, shall harbor, conceal, or aid the offender, knowing or having...ground to believe that he has committed the felony, and with the intent that he may avoid arrest, trial, conviction, or punishment.
Criminal Conspiracy §14:26(A) is the combination of two or more persons for the...purpose of committing any crime; and any of such parties does an act in furtherance of the object of the agreement. [The conspirators may be tried for the conspiracy and/or the completed crime]
Attempt; Penalties; Attempt on Peace Officer; Enhanced Penalties §14:27(A) Having a specific intent to commit a crime, does or omits an act for the purpose of...accomplishing of his object..and shall be immaterial whether he would have accomplished his purpose. (B) Mere preparation is not sufficient.
Inciting a Felony §14:28(A) The endeavor by one or more persons to incite or procure another person to commit a felony.
Solicitation for Murder §14:28.1(A) The intentional solicitation by one person of another to commit or cause to be committed a first of second degree murder.
Homicide §14:29 The killing of a human being by the act, procurement, or culpable omission of another. Criminal homicide is of five grades: (1) First Degree Murder, (2) Second Degree Murder, (3) Manslaughter, (4) Negligent Homicide, (5) Vehicular Homicide.
The Five Grades of Homicide (1) First Degree Murder, (2) Second Degree Murder, (3) Manslaughter, (4) Negligent Homicide, (5) Vehicular Homicide.
First Degree Homicide §14:30(A) The killing..when:(1)the offender has the specific intent to kill [and is engaged in one of the enumerated felonies].(2)On a service worker(3) More than one person(4)Offered something,(5)Under 12, over 65,(6)Drug Trade..(11)Previously Convicted
The 15 Enumerated Felonies of First and Second Degree Murder Aggro Kidnapping, 2nd° Kidnapping, Aggro Escape, Aggro Arson, Aggro Rape, Forcible Rape, Aggro Burglary, Armed Robbery, Assault by Drive-By Shooting, 1st° Robbery, 2nd° Robbery, Simple Robbery, Terrorism, Cruelty to Juveniles, 2nd° Cruelty to Juveniles
Second Degree Murder §14:30.1(A) The killing of a human being: (1) then the offender has the specific intent to kill or inflict great bodily harm; or (2) is engaged in the perpetration of [the enumerated felonies].(3)Drug Distribution Recipient,(4)Drug Recipient's Recipient.
Manslaughter §14:31(A)(1) homicide which would normally be murder..but..is committed in heat of blood immediately cause by provocation. (2) With intent to cause death:(a) engaged in a felony not enumerated in 30 or 30.1 or a misdemeanor; or (b) while resisting arrest.
Negligent Homicide §14:32(A)(1) The killing of a human being by criminal negligence. (2) The killing of a human being by a dog or other animal when the owner is reckless and criminally negligent in confining the dog or other animal.
Vehicular Homicide §14:32.1(A) The killing..caused by an offender's operation of any [means of conveyance] when any of the following conditions exist and was a contributing factor to the killing. (1)influence of alcohol, (2)BAC is .08 or more,(3) Influence of Drugs...(7)
Battery Defined §14:33 The intentional use of force of violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
Aggravated Battery §14:34(A) A battery committed with a dangerous weapon.
Second Degree Battery §14:34.1(A) A battery when the offender intentionally inflicts serious bodily injury. (B)(3) "Serious Bodily Injury" involves unconsciousness, extreme physical pain or protracted/obvious disfigurement..or substantial risk of death
Aggravated Second Degree Battery §14:34.7(A) A battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury. B)(3) "Serious Bodily Injury" involves unconsciousness, extreme physical pain or...obvious disfigurement..or substantial risk of death
Simple Battery §14:35 A battery committed without the consent of the victim.
Assault Defined §14:36 An attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.
Aggravated Assault §14:37 An assault committed with a dangerous weapon.
Simple Assault §14:38 An assault committed without a dangerous weapon.
Rape; Defined §14:41(A) The act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the person's lawful consent. (B) Emission is not necessary and any..penetration when the rape involves vaginal or anal intercourse is sufficient.
Aggravated Rape §14:42(A) A rape committed upon a person 65 or older, or without consent because: (1)Victim resists, (2) Prevented from resisting, by threats, (3) Prevented form resisting, by weapon, (4) Victim is under 13, (5) Two or more offenders, (6) Mental Infirmity
Forcible Rape §14:42.1(A) Rape [that lacks consent], because: (1) Victim is prevented from resisting because of threats [she believes will be enacted by her resistance], (2) Prevented from resisting due to [abnormal condition of the mind and offender knew it]
Sexual Battery §14:43.1(A) Intentional touching of the...genitals of the victim by the offender using an instrumentality or part of his/her body, or [vise versa] when: (1) without consent, (2) consensual, but not married, has not reached 15 and is 3 years younger..(3)..
Aggravated Kidnapping §14:44 With the intent to gain anything of value, in order to..release of a person under the offender's control:(1)forcible carrying any[one] from one place to another,(2)enticing any[one] from one place to another,(3)imprisoning or secreting of any[one]
Second Degree Kidnapping §14:44.1(A) Doing anything in (B) wherein the victim is:(1) a shield or hostage; (2)Used for a crime or the flight after; (3)Injured or sexually abused; (4)Imprisoned or kidnapped for 72hrs;(5)Imprisoned or kidnapped by weapon. (B)[Elements of Kidnapping]
Aggravated Arson §14:51 Intentional damaging by explosive substance or the setting fire to any structure, watercraft, or movable whereby it is foreseeable that human life might be endangered.
Simple Arson §14:52(A)(1) Intentional damaging by any explosive substance or the setting of fire to any property of another, without the consent of the owner...or (2) The starting of a fire or causing of explosion while the offender is..[perpetrating another felony].
Aggravated Burglary §14:60 The unauthorized entering of any inhabited dwelling, or of any structure, watercraft, or movable where a person is present, with the intent to commit a felony or theft, [when]: (1) [Armed]; (2) after entering, arms himself; or (3) batters someone
Simple Burglary §14:62(A) The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or cemetery, with the intent to commit a felony or theft therein, other than as set forth in R.S. 14:60.
Simple Burglary of an Inhabited Dwelling §14:62.2 The unauthorized entry of any inhabited dwelling, house, apartment or other structure used in whole or in part as a home or place of abode by a person or persons with the intent to commit a felony or any theft therein, other than in Article 60.
Unauthorized Entry of an Inhabited Dwelling §14:62.3(A) The Intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person.
Armed Robbery §14:64(A) The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.
First Degree Robbery §14:64.1(A) The taking of anything of value belonging to another from the person of another, or that is in the immediate control of another, by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed....
Simple Robbery §14:65(A) The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon.
Theft §14:67(A) The misappropriation or taking of anything of value belonging to another, either without consent...or by...fraudulent conduct...or representations. An intent to deprive permanently of whatever may be the subject of...the taking is essential.
Unauthorized Use of a Movable §14:68(A) The intentional taking or use of a movable which belongs to another, either without the other's consent, or by...fraudulent conduct.., but without any intention to deprive the other permanently. [The classification of the movable is immaterial].
Illegal Possession of Stolen Things §14:69(A) The intentional possessing, procuring, receiving, or concealing of anything..which has been the subject of any robbery or theft, under circumstances which indicate that the offender knew...that the thing was the subject of one of these offenses.
Cruelty to Juveniles §14:93(A)(1) The intentional or criminally negligent mistreatment or neglect by anyone 17 or older of any child under 17 whereby...pain or suffering is caused to said child; or (2) exposing a child to a laboratory, (3) exposing a child [drug use/ trade]
Compounding a Felony §14:131 [The accepting of anything..value which belongs to another, or of any promise thereof, by a person having knowledge of the commission of a felony, upon an agreement, express or implied, to conceal, or not to prosecute, or not reveal evidence.]