Louisiana Bar Exam - Criminal Law

Simple Robbery

(1) taking anything of value

(2) from person/immediate control

(3) using force or intimidation

Second Degree Robbery

(1) - (3) Simple Robbery

+

(4) specific intent to cause serious bodily injury

(5) victim suffered serious bodily injury

First Degree Robbery

(1) - (3) Simple Robbery

+

(4) Leads victim to believe armed with dangerous weapon

Armed Robbery

(1)-(3) Simple Robbery

+

(4) Armed with Dangerous Weapon

Simple Battery

(1) intentional use of force or violence

(2) without victim's consent

Second Degree Battery

(1) - (2) Simple Battery

+

(3) specific intent to cause serious bodily injury

(4) victim suffered serious injury

Aggravated Battery

(1) - (2) Simple Battery

+

(3) Used dangerous weapon

Simple Assault

(1) attempt to commit a battery or intentionally put victim in apprehension of battery

Aggravated Assault

(1) Simple Assault

+

(2) Used Dangerous Weapon

Unauthorized Entry of an Inhabited Dwelling

(1) intentional entry of inhabited dwelling

(2) unauthorized entry

(3) dwelling of another

Simple Burglary

(1) enter dwelling

(2) unauthorized entry

(3) with specific intent to commit a felony

Aggravated Burglary

(1) - (3) Simple Burglary

+

(4) structure is inhabited or person present

(5) armed at any point

Carjacking

(1) intentionally took auto

(2) auto in victim's presence

(3) victim was in lawful possession or passenger

(4) use of force/intimidation to take

Theft

(1) misappropriation or taking of anything of value belonging to another

(2) without consent

(3) specific intent to permanently deprive

Unauthorized Use of Movable

(1) intentional taking of property of another

(2) without consent

Simple Arson

(1) intentionally set fire without consent

(2) fire causes damage to property

Aggravated Arson

(1) - (2) Simple Arson

+

(3) property is structure, movable, watercraft

(4) foreseeable that human life could be endangered

Simple Kidnapping

(1) intentional and forcible seizing and carrying victim from one place to another

Aggravated Kidnapping

(1) Simple Kidnapping

+

(2) specific intent for victim to give up anything of value

(3) victim under defendant's apparent or actual control

Second Degree Kidnapping

(1) Simple Kidnapping

+

(2) victim used as shield/hostage, abused, imprisoned for 72+ hours, defendant armed

Second Degree Murder

(1) specific intent to kill or to cause great bodily harm

OR

(1) death during enumerated felony

OR

(1) death caused by ingestion of CDS

OR

(1) Felony-Murder (causal connection between felony and death of victim)

First Degree Murder

(1) specific intent to kill or cause great bodily harm

(2) enumerated felony

OR

(1) specific intent to kill or cause great bodily harm

(2) specific intent to kill 2+ victims, fireman/law officer, victim is <12 or >65, engaged in drug distribution or purchase, ritualistic acts, no contact order, victim or family member is witness, prior killing with specific intent to kill or cause great bodily harm

Manslaughter

(1) murder, but

(2) sudden passion or heat of blood; caused by adequate provocation

OR

(1) unintentional homicide while:

(2) unenumerated felony; intentional misdemeanor against the person; resisting lawful arrest

Negligent Homicide

(1) negligence

(2) criminal negligence; violation of statute presumptive evidence of negligence

Vehicular Homicide

(1) operating vehicle, boat, plane

(2) under the influence of drugs/alcohol

Aggravated Assault with Firearm

(1) Aggravated Assault

(2) With firearm (whether discharged or not)

General Negligent Injuring

(1) injury by criminal negligence

OR

(1) violation of statue presumptive evidence of negligence

Vehicular Negligent Injuring

(1) injuring by operation of car/boat/plane

(2) when under influence of alcohol/drugs

First Degree Vehicular Negligent Injuring

(1) - (2) Vehicular Negligent Injuring

+

(3) serious bodily injury

False Imprisonment (General)

(1) intentional confinement or detention

(2) without consent

(3) without proper legal authority

False Imprisonment with Dangerous Weapon

(1) unlawful intentional confinement of another

(2) while armed with a dangerous weapon

Simple Criminal Damage to Property

(1) intentional damaging of property without consent

(2) other than by fire or explosion

Aggravated Criminal Damage to Property

(1) intentional damaging of structure or movable

(2) other than by fire or explosion

(3) foreseeable that human life might be endangered

Possession of Stolen Things

(1) intentional possessing

(2) of anything of value

(3) that has been the subject of robbery or theft

(4) when knew or had good reason to know the thing was stolen

Defenses

(1) Infancy (<10 years)

(2) Insanity (incapable of distinguishing between right and wrong because of mental disease or defect)

(3) Intoxication (involuntary or voluntary if precluded specific intent)

(4) Mistake of Fact (reasonable, precludes mental element)

(5) Mistake of Law (ignorance of law is no defense)

(6) Duress (threat of death or great bodily harm, reasonable belief present and harm imminent, not a defense to murder)

Justifiable Homicide

(1) Self-Defense (imminent danger of great bodily harm and killing necessary to save self - not aggressor)

(2) Prevent Felony (prevent violent or forcible felony involving great bodily harm, reasonable belief offense imminent and force necessary to prevent)

(3) Burglar (force against person in dwelling, business, or car, person committing burglary or robbery, person reasonably likely to use unlawful force against occupant)

(4) Intruder (person unlawfully in or attempting to get in dwelling, business, car, reasonable to believe that deadly force necessary to prevent entry or compel intruder to leave)

Use of Nonlethal Force

(1) defendant used force to prevent forcible offense or trespass against property in a person's lawful possession

(2) force reasonably and apparently necessary to prevent offense

Defense of Others

(1) force okay if the person attack could have used the same means

Principal

Person who commits criminal act

OR

Person who aids, abets, counsels, or procures another to commit (whether at scene or not)

Accessory After the Fact

(1) After felony

(2) harbors, conceals, or aids

(3) with actual/constructive knowledge of felony

(4) intent to help avoid punishment

Criminal Negligence

gross deviation below standard of care maintained by reasonable careful man under like circumstances