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67 terms

LA Statutes

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Crime Defined
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
Criminal conduct consists of (1) An act OR a failure to act that produces criminal consequences, AND which is combined with criminal intent; OR (2) A mere act OR failure to act that produces criminal consequences, where there is no requirement of criminal intent; OR (3) Criminal negligence that produces criminal consequences.
Criminal Consequences
Criminal consequences are any set of consequences prescribed in the various 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 - Specific Intent
Criminal intent may be specific or general- Specific Criminal Intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act OR failure to act General Criminal Intent is present whenever there is specific intent, AND also when the circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act OR failure to act. General Criminal Intent is present whenever there is specific intent, AND also when the circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act OR failure to act.
Criminal Intent - General Intent
General Criminal Intent is present whenever there is specific intent, AND also when the circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act OR failure to act.
Criminal Intent - How Expressed
The definitions of some crimes require a specific criminal intent, while in others no intent is required. Some crimes consist merely of criminal negligence that produces criminal consequences. However, in the absence of qualifying provisions, the terms "intent" and "intentional" have reference to "general criminal intent."
Criminal Negligence
Criminal negligence exists when, although neither specific NOR general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.
Mistake of Fact
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
Ignorance in the provision of this Code OR of any criminal statute is not a defense to any criminal prosecution. However, mistake of law which results in the lack of an intention that consequences which are criminal shall follow, is a defense to a criminal prosecution under the following circumstances- (1) Where the offender reasonably relied on the act of the legislature in repealing an existing criminal provision, OR in otherwise purporting to make the offender's conduct lawful; OR (2) Where the offender reasonably relied on a final judgement of a competent court of last resort that a provision making the conduct in question criminal was unconstitutional.
Assault
Attempt to commit a battery, OR the intentional placing of another in reasonable apprehension of receiving a battery.
Aggravated Assault
assault committed with a dangerous weapon.
Simple Assault
assault committed without a dangerous weapon.
Negligent Injuring
the inflicting of any injury upon the person of another by criminal negligence. The violation of a statute OR ordinance shall be considered only as presumptive evidence of such negligence.
Theft
the misappropriation OR taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, OR by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
Unauthorized Use of a Movable
intentional taking OR use of a movable which belongs to another, either without the other's consent, OR by means of fraudulent conduct, practices, or representations, but w/o any intention to deprive the other of the movable permanently. The fact that the movable so taken OR used may be classified as an immovable, according to the law pertaining to civil matters, is immaterial.
Illegal Possession of Stolen Things
Illegal possession of stolen things is the intentional possessing, procuring, receiving, OR concealing of anything of value which has been the subject of any robbery OR theft, under circumstances which indicate that the offender knew or had good reason to believe that the thing was the subject of one of these offenses.
Forgery
It shall be unlawful to forge, with intent to defraud, any signature to, OR any part of, any writing purporting to have legal efficacy. B. Issuing, transferring, or possessing with intent to defraud, a forged writing, known by the offender to be a forged writing, shall also constitute a violation of the provisions of this Section.
Operation of a Vehicle While Intoxicated
is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when: (a) The operator is UI of alcoholic beverages; OR (b) The operator's BAC is 0.08 percent or more; OR (c) The operator is UI of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; OR (d)(i) The operator is UI of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.
Aggravated Escape
intentional departure of a person from the legal custody of any officer of the Department of Public Safety and Corrections OR any law enforcement officer OR from any place where such person is legally confined when his departure is under circumstances wherein human life is endangered.
Homicide
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.
First Degree Murder
the killing of a human being: (1) Specific Intent to kill or to inflict great bodily harm AND is engaged in the perpetration or attempted perpetration of an enumerated felony. (2) When the offender has a specific intent to kill or to inflict great bodily harm upon a fireman, peace officer, or civilian employee of the Louisiana State Police Crime Laboratory or any other forensic laboratory engaged in the performance of his lawful duties, or when the specific intent to kill or to inflict great bodily harm is directly related to the victim's status as a fireman, peace officer, or civilian employee. (3) upon more than one person. (4) has offered, has been offered, has given, or has received anything of value for the killing. (5) victim who is under the age of twelve or sixty-five years of age or older. (6) while engaged in the distribution, exchange, sale, or purchase, or any attempt thereof, of a controlled dangerous substance (8) there has been issued by a judge or magistrate any lawful order prohibiting contact between the offender and the victim i (9) upon a victim who was a witness to a crime or was a member of the immediate family of a witness to a crime committed (a) The killing was committed for the purpose of preventing or influencing the victim's testimony in any criminal action or proceeding whether or not such action or proceeding had been commenced; or (b) The killing was committed for the purpose of exacting retribution for the victim's prior testimony.
Second Degree Murder
When offender has a SI to kill or to inflict great bodily harm; OR (2)(a) When the offender is engaged in the perpetration OR attempted perpetration of an enumerated felony even though he has no intent to kill or to inflict great bodily harm. (b) When the offender is engaged in the perpetration a. of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm. (3) When the offender unlawfully distributes OR dispenses a CDS which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance. (4) When the offender unlawfully distributes OR dispenses a CDS to another who subsequently distributes OR dispenses such CDS which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
Manslaughter
A homicide which would be murder under either 30 or 30.1, but the offense is committed in sudden passion OR heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control AND cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, OR that an average person's blood would have cooled, at the time the offense was committed; OR (2) A homicide committed, without any intent to cause death or gbh. (a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in 30 or 30.1, OR of any intentional misdemeanor directly affecting the person; OR (b) When the offender is resisting lawful arrest by means, OR in a manner, not inherently dangerous, AND the circumstances are such that the killing would not be murder under 30 or 30.1.
Insanity
If the 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
The fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, EXCEPT AS FOLLOWS: (1) Where the production of the intoxicated or drugged condition has been involuntary, AND the circumstances indicate this condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility. (2) Where the circumstances indicate that an intoxicated or drugged cond has precluded the presence of a specific criminal intent OR of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime
Justification
The fact that an offender's conduct is justifiable, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct. This defense of justification can be claimed under- When any crime, EXCEPT MURDER, is committed through the compulsion of threats by another of death or great bodily harm, AND the offender reasonably believes the person making the threats is present AND would immediately carry out the threats if the crime were not committed;
Use of Force or Violence
The use of force OR violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person OR a forcible offense OR trespass against property in a person's lawful possession; provided that the force or violence used must be reasonable AND apparently necessary to prevent such offense, AND that this article shall NOT apply where the force or violence results in a homicide.
Justifiable Homicide
When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life OR receiving great bodily harm AND that the killing is necessary to save himself from that danger. (2) When committed for the purpose of preventing a violent OR forcible felony involving danger to life OR of great bodily harm by one who reasonably believes that such an offense is about to be committed AND that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life OR person if he attempted to prevent the felony without the killing. (3) When committed against a person whom one reasonably believes to be likely to use ANY unlawful force against a person present in a dwelling OR a place of business, OR when committed against a person whom one reasonably believes is attempting to use ANY unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing OR attempting to commit a burglary OR robbery of such dwelling, business, OR motor vehicle. The homicide SHALL BE justifiable even though the person does not retreat from the encounter.
Justifiable Homicde 2
When committed by a person lawfully inside a dwelling, a place of business, OR a motor vehicle 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, OR who has made an unlawful entry into the dwelling, place of business, or motor vehicle, AND the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry OR to compel the intruder to leave the premises OR motor vehicle. The homicide SHALL BE justifiable even though the person committing the H does not retreat from the encounter. (b) The provisions of this Paragraph SHALL NOT apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, OR possession of, with intent to distribute a controlled dangerous substance
Defense of Others
It is justifiable to use force OR violence OR to kill in the defense of another person when it is reasonably apparent that the person attacked could have justifiably used such means himself, AND when it is reasonably believed that such intervention is necessary to protect the other person.
Principals
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 its commission, OR directly OR indirectly counsel OR procure another to commit the crime, ARE principals
Accessories After the Fact
any person who, after the commission of a felony, shall harbor, conceal, OR aid the offender, knowing OR having reasonable ground to believe that he has committed the felony, AND with the intent that he may avoid OR escape from arrest, trial, conviction, or punishment. An accessory after the fact may be tried and punished, notwithstanding the fact that the principal felon may not have been arrested, tried, convicted, or amenable to justice.
Criminal Conspiracy
the agreement OR combination of 2 or more persons for the specific purpose of committing any crime; provided that an agreement OR combination to commit a crime SHALL NOT amount to a criminal conspiracy UNLESS, in addition to such agreement OR combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
Attempt
Any person who, having a specific intent to commit a crime, does OR omits an act for the purpose of AND tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; AND it SHALL BE immaterial whether, under the circumstances, he would have actually accomplished his purpose. B.(1) Mere preparation to commit a crime SHALL NOT BE sufficient to constitute an attempt; BUT lying in wait with a dangerous weapon with the intent to commit a crime, OR searching for the intended victim with a dangerous weapon with the intent to commit a crime, SHALL BE sufficient to constitute an attempt to commit the offense intended.
Negligent homicide
Negligent homicide is the killing of a human being by criminal negligence. B. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.
Vehicular Homicide
the killing of a human being caused proximately OR caused directly by an offender engaged in the operation of, OR in actual physical control of, any motor vehicle, aircraft, watercraft, OR other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists: (1) The operator is UI of alcoholic beverages determined by chemical tests. (2) The operator's BACis 0.08 percent or more (3) The operator is UI of any controlled dangerous substance (4) The operator is UI of alcoholic beverages.
Battery
intentional use of force OR violence upon the person of another; OR the intentional administration of a poison OR other noxious liquid OR substance to another.
Aggravated Battery
a battery committed with a dangerous weapon.
Second Degree Battery
without the consent of the victim when the offender intentionally inflicts serious bodily injury.
Serious Bodily Injury
bodily injury which involves unconsciousness, extreme physical pain OR protracted AND obvious disfigurement, OR protracted loss OR impairment of the function of a bodily member, organ, OR mental faculty, OR a substantial risk of death.
Aggravated Second Degree Battery
with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
Simple
without the consent of the victim.
Aggravated Rape
rape committed upon a person 65 years of age or older OR where the anal, oral, OR vaginal sexual intercourse is deemed to be w/o lawful consent of the victim because it is committed under any 1 or more of the following circumstances: (1) When the victim resists the act to the utmost, but whose resistance is overcome by force. (2) When the victim is prevented from resisting the act by threats of great AND immediate bodily harm, accompanied by apparent power of execution. (3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon. (4) When the victim is under the age of 13 years. Lack of knowledge of the victim's age SHALL NOT be a defense. (5) When 2 or more offenders participated in the act. (6) When the victim is prevented from resisting the act because the victim suffers from a physical OR mental infirmity preventing such resistance.
Rape Defined
the act of anal, oral, OR vaginal sexual intercourse with a male or female person committed w/o the person's lawful consent.
Forcible Rape
rape committed when the anal, oral, OR vaginal sexual intercourse is deemed to be w/o the lawful consent of the victim because it is committed under any 1 or more of the following circumstances: (1) When the victim is prevented from resisting the act by force OR threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape. (2) When the victim is incapable of resisting OR of understanding the nature of the act by reason of stupor OR abnormal condition of the mind produced by a narcotic OR anesthetic agent OR other controlled dangerous substance administered by the offender AND without the knowledge of the victim.
Simple Rape
rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be w/o the lawful consent of a victim because it is committed under any 1 or more of the following circumstances: (1) When the victim is incapable of resisting OR of understanding the nature of the act by reason of a stupor OR abnormal condition of mind produced by an intoxicating agent OR any cause AND the offender knew OR should have known of the victim's incapacity. (2) When the victim is incapable, through unsoundness of mind, whether temporary or permanent, OR understanding the nature of the act AND the offender knew OR should have known of the victim's incapacity. (3) When the female victim submits under the belief that the person committing the act is her husband AND such belief is intentionally induced by any artifice, pretense, OR concealment practiced by the offender.
Sexual Battery
intentional engaging in any of the following acts with another person where the offender acts without the consent of the victim, OR where the act is consensual BUT the other person, who is NOT the spouse of the offender, has not yet attained 15 years of age AND is at least 3 years younger than the offender: (1) The touching of the anus or genitals of the victim by the offender using any instrumentality OR any part of the body of the offender; OR (2) The touching of the anus or genitals of the offender by the victim using any instrumentality OR any part of the body of the victim. Lack of knowledge of the victim's age SHALL NOT be a defense.
Second Degree Sexual Battery
intentional engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim: (1) The touching of the anus or genitals of the victim by the offender using any instrumentality OR any part of the body of the offender; OR (2) The touching of the anus or genitals of the offender by the victim using any instrumentality OR any part of the body of the victim.
Aggravated Kidnapping
the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present OR prospective value, OR to grant any advantage OR immunity, in order to secure a release of the person under the offender's actual OR apparent control: (1) The forcible seizing AND carrying of any person from one place to another; OR (2) The enticing OR persuading of any person to go from one place to another; OR (3) The imprisoning OR forcible secreting of any person.
Second Degree Kidnapping
doing of any of the acts listed in B wherein the V is: (1) Used as a shield or hostage; (2) Used to facilitate the commission of a felony OR the flight after an attempt to commit or the commission of a felony; (3) Physically injured OR sexually abused; (4) Imprisoned OR kidnapped for 72 or more hours, except as provided in 14:45(A)(4) or (5); OR (5) Imprisoned OR kidnapped when the offender is armed with a dangerous weapon OR leads the v to reasonably believe he is armed w/ a dang. weapon. B. For purposes of this Section, kidnapping is: (1) The forcible seizing AND carrying of any person from one place to another; or (2) The enticing OR persuading of any person to go from one place to another; OR (3) The imprisoning OR forcible secreting of any person.
Simple Kidnapping
The intentional AND forcible seizing AND carrying of any person from one place to another without his consent. (2) The intentional taking, enticing OR decoying away, for an unlawful purpose, of any child NOT HIS own AND under the age of 14 years, without the consent of its parent OR the person charged with its custody. (3) The intentional taking, enticing OR decoying away, without the consent of the proper authority, of any person who has been lawfully committed to any orphan, insane, feeble-minded OR other similar institution. (4) The intentional taking, enticing OR decoying away AND removing from the state, by any parent of his/her child, from the custody of any person to whom custody has been awarded by ANY court of competent jurisdiction of ANY state, without the consent of the legal custodian, with intent to defeat the jurisdiction of the said court over the custody of the child. (5) The taking, enticing OR decoying away AND removing from the state, by any person, other than the parent, of a child temporarily placed in his custody by ANY court of competent jurisdiction in THE state, with intent to defeat the jurisdiction of said court over the custody of the child.
False Imprisonment
the intentional confinement OR detention of another, without his consent AND without proper legal authority.
Aggravated Arson
the intentional damaging by any explosive substance OR the setting fire to any structure, watercraft, OR movable whereby it is foreseeable that human life might be endangered.
Simple Arson
the intentional damaging by any explosive substance OR the setting fire to any property of another, without the consent of the owner AND except as provided in 14:51.
Arson with Intent to Defraud
the setting fire to, OR damaging by any explosive substance, any property, with intent to defraud.
Aggravated Burglary
the unauthorized entering of any inhabited dwelling, OR of any structure, water craft, OR movable where a person is present, with the intent to commit a felony OR any theft therein, IF the offender, (1) Is armed with a dangerous weapon; OR (2) After entering arms himself with a dangerous weapon; OR (3) Commits a battery upon any person while in such place, OR in entering OR leaving such place.
Simple Burglary
the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable OR immovable, OR any cemetery, with the intent to commit a felony OR any theft therein, other than as set forth in 14:60.
Simple Burglary of an Inhabited Dwelling
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 as set forth in Article 60.
Unauthorized Entry of an Inhabited Dwelling
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.
Unauthorized Entry of a place of Business
the intentional entry by a person without authority into any structure OR onto any premises, belonging to another, that is completely enclosed by any type of physical barrier that is at least 6 feet in height AND used in whole or in part as a place of business.
Armed Robbery
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
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 with a dangerous weapon.
Carjacking
intentional taking of a motor vehicle, defined in 32:1(40), belonging to another person, in the presence of that person, OR in the presence of a passenger, OR any other person in lawful possession of the motor vehicle, by the use of force OR intimidation.
Second Degree Robbery
the taking of anything of value belonging to another from the person of another OR that is in the immediate control of another when the offender intentionally inflicts serious bodily injury.
Simple Robbery
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.
Unauthorized use of a movable
the intentional taking OR use of a movable which belongs to another, either without the other's consent, OR by means of fraudulent conduct, practices, OR representations, BUT without any intention to deprive the other of the movable permanently
Computer Fraud
the accessing OR causing to be accessed of any computer, computer system, computer network, OR any part thereof with the intent to: (1) Defraud; OR (2) Obtain money, property, OR services by means of false or fraudulent conduct, practices, OR representations, OR through the fraudulent alteration