Louisiana POST - Elements of Criminal Conduct; Statutes latest updated version with expert solitions + rationales

crime defined

LRS 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 intent

LRS 14:10

_____ _______ 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.

(LRS 14:10)

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.

(LRS 14:10).

criminal negligence

LRS 14:12

______ _____ exists when, altho neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offenders conduct amounts to a gross deviation below the the standard to care expected to be maintained by a reasonably careful man under like circumstances.

infancy

LRS 14:13

________ is those who have not reached the age of 10 yrs 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

LRS 14:14=

if the circumstances indicate that because of a mental disease or defect the offender was incapable of distinguishing right and wrong with reference to the conduct in question, the offender shall be exempt from criminal responsibility.

intoxication

LRS 14:15

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 condition 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.

mistake of fact

LRS 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

LRS 14:17

ignorance of 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:

(a) where the offender reasonably relied on the act of the legislature in repealing an existing criminal provision, or in otherwise purporting to make the offenders conduct lawful; or

(b) where the offender reasonably relied in a final judgement of a competent court of last resort that a provision making the conduct in question criminal was unconstitutional

justification

LRS 14:18

the fact that an offenders conduct is justifiable, altho otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct. This defense of justification can be claimed under the following circumstances:

(a) when the offenders conduct is an apparently authorized an reasonable fulfillment of any duties of public office; or

(b) when the offenders conduct is a reasonable accomplishment of an arrest which is lawful under the code of criminal procedure; or (c) when for any reason the offenders conduct is authorized by law; or (d) when the offenders conduct is reasonable discipline of minors by their parents, tutors, or teachers; or (e) when the crime consists of failure to perform an affirmative duty and the failure to perform is caused by physical impossibility; or (f) when any crime, except murder, is committed thru the compulsion of threats by another of death or great bodily harm, and the offender reasonably believes the person making threats is present and would immediately carry out the threats if the crime were not committed; or when the offenders conduct is in defense of person or of property under any circumstances described in articles 19-22.

use of force or violence in defense

LRS 14:19

the use of force or violence upon the person of another is justifiable under either the following circumstances: when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a persons lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense; when committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in RS 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, and the person using the force or violence reasonably believes that the use of force or violence is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

justifiable homicide

LRS 14:20

a homicide is justifiable: when committed in self defense by one who reasonably believes that he is imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger; 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 w/out the killing; 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 present in a motor vehicle as defined in RS 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle; when committed by a person lawfully inside a dwelling, business or motor vehicle as defined in RS 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, business or motor vehicle, or who has made an unlawful entry into the dwelling, business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent entry or to compel the intruder to leave the dwelling, business or motor vehicle; 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, distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the uniform controlled dangerous substances law.

aggressor cannot claim self defense

LRS 14:21

a person who is the aggressor or 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

LRS 14:22

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.

parties classified

LRS 14:23

the parties to crimes are classified as: principals and accessories after the fact.

principals

LRS 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 & abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.

accessories after the fact

LRS 14:25

an ____ ____ _____ ____ is any person who, after the commission of the felony, shall harbor, conceal, or aid the offender knowing or having grounds to believe that he has committed the felony, and with the intent that he may avoid or escape from arrest, trial, conviction, or punishment.

*Whoever violates this offense shall be fined not more than $500 or imprisoned w/ or w/out hard labor, for not more than 5 yrs or both

criminal conspiracy

LRS 14:26

_______ _______ is the agreement or combo of 2 or more persons for the specific purpose of committing any crime; provided that an agreement or combo to commit a crime shall NOT amount to a ______ ______ unless, in addition to such agreement or combo, 1 or more of such parties does not act in Furtherance of the object of the agreement or combo.

*whoever is a party to a ____ ____ to commit any crime shall be fined or imprisoned or both in the same manner as for the offense contemplated by the conspirators; provided whoever is a part to a ______ ______ to commit a crime punishable by death or life imprisonment shall be imprisoned at hard labor for not more than 30 yrs.

attempt

LRS 14:27

any person who, having 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. Whoever attempts to commit any crime shall be punished as follows:

(1) if the offense so attempted is punishable by death or life imprisonment, he shall be imprisoned at hard labor for not less than 10 nor more than 50 yrs w/out benefit of parole, probation, or suspension of sentence.

(2) if attempted against peace officer: hard labor for not less than 20 nor more than 50 yrs w/out parole, probation, or suspended sentence

(3) attempted theft or receiving stolen things (not felony): fined $200, imprisoned for not more than 1 yr or both

(4) received stolen things (felony): fined $200, imprisoned for not more than 1 year or both

(5) theft of amount not less than $750-25000: fined $500, imprisoned for 1 yr or both.

(6) theft of greater than $25000: fined $2000, imprisoned w/ or w/out hard labor, for 5 yrs or both

inciting a felony

LRS 14:28

_____ _____ _____ is the endeavor by 1 or more persons to incite or procure another person to commit a felony.

punishment:

(1) fine of $1000 or imprisoned (w/ or w/out hard labor) for 2 yrs or both.

(2) if over 17 procures under 17 to incite felony, fined $1000 & imprisoned for 5 yrs.

solicitation for murder

LRS 14:28.1

_____ ____ _____ is the intentional solicitation by one person of another to commit or cause to be committed a 1st or 2nd degree murder.

punishment:

(1) imprisoned at hard labor for 5-20 yrs.

homicide

LRS 14:29

________ is defined as the killing of a human being by act, procurement, or culpable omission of another.

5 Grades:

(1) 1st degree

(2) 2nd degree

(3) manslaughter

(4)negligent

(5) vehicular

1st degree murder

LRS 14:30

_____ ____ ____ requires specific intent to kill or to inflict great bodily harm AND is engaged in the perpetration or attempted perpetration of one of the following: aggravated kidnapping, 2nd degree kidnapping, aggravated escape, aggravated arson, rape, aggravated battery, armed robbery, assault by drive by shooting, aggravated burglary, 1st degree robbery, 2nd degree robbery, simple robbery, terrorism, cruelty to juveniles, or 2nd degree cruelty to juveniles.

(1) fireman, peace officer

(2) more than 1 person

(3) has been solicited to kill

(4) victim is under age of 12 or 65 yrs or older

(5) engaged in distribution of controlled dangerous substances

(6) ritualistic acts

(7) violation of protection/court order

(8) offense against witness

(9) taxicab driver

(10) has killed before

(11) correctional facility employee

2nd degree murder

LRS 14:30.1

____ ____ ____ has a specific intent to kill or to inflict great bodily harm OR when the offender is engaged in the perpetration or attempted perpetration of rape, aggravated arson, aggravated burglary, aggravated kidnapping, 2nd degree kidnapping, aggravated escape, assault by drive by, armed robbery, 1st degree robbery, 2nd degree robbery, simple robbery, cruelty to juveniles, 1st degree cruelty to juveniles, or 2nd degree cruelty to juveniles.

(1) offender has intent to cause great bodily harm

(2) offender distributes controlled substances that causes death

(3) offender distributes controlled substance that was redistributed again and caused death.

punishment:

life imprisonment @ hard labor w/ no parole, probation or suspended sentence.

manslaughter

LRS 14:31

__________ is a homicide, which would be murder, but 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. A homicide w/out any intent to cause death or great bodily harm when committing a felony not enumerated in articles 30 or 31, or any intentional misdemeanor directly affecting the person; or when resisting lawful arrest by means not inherently dangerous.

*Hard labor for 40 yrs

*if victim was under 10yrs of age, offender imprisoned at hard labor w/out parole, probation or suspended sentence, for 10-40 yrs.

negligent homicide

LRS 14:32

______ ______ is

(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 or restraining the dog or other animal.

The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.

*Imprisoned w/ or w/out hard labor for 5yrs, fined $5000 or both

* if victim was under age of 10, imprisoned with hard labor, w/out parole, probation or suspended sentence, for 2-5 yrs.

Vehicular homicide

LRS 14:32.1

_______ ______ is the killing of a human being caused proximitely 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 exist and contributed to the offense:

(1) operator is under influence of alcohol as determined by chem tests.

(2) operators BAC is 0.08% or more by weight based upon grams of alcohol per 100 cubic centimeters of blood.

(3) operator is under influence of controlled dangerous substance listed in schedule 1,2,3,4,5

(4) operator is under influence of alcohol

(5) operator is under influence of alcohol AND 1 or more drugs not controlled and legally obtainable w/ or w/out prescription.

(6) operators blood has any detectable amount of controlled substances.

*offender fined $2000-$15000 & imprisoned w/ or w/out hard labor for 5-30 yrs

feticide

LRS 14:32.5

______ is the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother of the unborn child. The offense of _______ shall not include acts which cause the death of an unborn child if those acts were committed during any abortion to which the pregnant woman or her legal guardian has consented or which was performed in an emergency as defined in RS 40:1299.35.12. Nor shall the offense of _______ include acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

1st degree feticide

LRS 14:32.6

(1) the killing of an unborn child when the offender has a specific intent to kill or to inflict great bodily harm.

(2) The killing of an unborn child when the offender is engaged in the perpetration or attempted perpetration of rape, aggravated arson, aggravated burglary, aggravated kidnapping, 2nd degree kidnapping, assault by drive by, aggravated escape, armed robbery, 1st degree robbery, 2nd degree robbery, cruelty to juveniles, 2nd degree cruelty to juveniles, terrorism, or simple robbery, even tho he has no intent to kill or inflict great bodily harm.

*Offender imprisoned @ hard labor for 15 yrs

2nd degree feticide

LRS 14:32.7

(1) the killing of an unborn child which would be 1st degree feticide, but the offense is committed in SUDDEN PASSION or HEAT OF BLOOD immediately caused by provocation by the mother of the unborn child sufficient to deprive an average person of his self control and cool reflection. Provocation shall not reduce a 1st degree feticide to 2nd degree if the jury finds that the offenders blood had actually cooled, or that an average persons blood would have cooled, at the time the offense was committed.

(2) A feticide committed w/out any intent to cause death or great body harm: when the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in article 32.6 (1st degree feticide), or of any intentional misdemeanor directly affecting the person; or when the offender is resisting lawful arrest by any means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be 1st degree feticide under article 32.6.

*Offender imprisoned with hard labor for 10 yrs

3rd degree feticide

LRS 14:32.8

(1) the killing of an unborn child by criminal negligence. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.

(2) the killing of an unborn child caused proximitely or directly by an offender engaged in operation of, or in actual physical control of any motor vehicle, aircraft, vessel, or other means of conveyance whether or not the offender had intent to cause death or great bodily harm whenever any of the following conditions exist:

(2a) offender is under influence of alcohol as determined by chem tests

(2b) offenders BAC is 0.08% or more

(2c) offender under influence of controlled substances

(2d) offender is under influence of alcohol

(2e) offender is under influence of alcohol AND 1 or more drugs not controlled.

(2f) offender under influence of drugs not controlled and knowingly consumed amount that exceeds amount prescribed

* offender fined $2000 and imprisoned w/ or w/out hard labor for 5 yrs.

battery defined

LRS 14:33

battery is the INTENTIONAL use of force upon the person of another; or the INTENTIONAL administration of a poison or other noxious liquid or substance to another.

aggravated battery

LRS 14:34

_____ ______ is a battery committed with a dangerous weapon.

*offender fined $5000, imprisoned w/ or w/out hard labor for 10 yrs or both

2nd degree battery

LRS 14:34.1

____ ____ ____ is a battery when the offender intentionally inflicts serious body injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.

*offender fined $2000 or imprisoned, w/ or w/out hard labor, for 8 yrs or both.

battery of a police officer

LRS 14:34.2

_____ ____ ____ _____ ____ is a battery committed w/out the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.

*offender fined $500 and imprisoned 15 days-6 months w/out suspended sentence.

battery of a school teacher

LRS 14:34.3

____ ____ ____ ____ ____ is a battery committed w/out the consent of the victim when the offender has reasonable grounds to believe that the victim is a school teacher acting in the performance of employment duties.

*offender punished as follows:

(1) if committed by student, offender is fined $5000 or imprisoned 30 days-1 yr.

(2) if offender is not student, offender is fined $5000 or imprisoned w/ or w/out hard labor for 1-5 yrs or both.

(3) if battery produces injury that requires medical attention, offender is fined $5000 or imprisoned w/ or w/out hard labor for 1-5 yrs or both.

battery of a school or recreation athletic contest official

LRS 14:34.4

______ ______ ____ ____ _____ _____ _____ ______ _____is a battery committed w/out consent and when the offender has reasonable grounds to believe that the victim is a school athletic or recreation contest official actively in the conducting, supervising, refereeing, or officiating of a school sanctioned interscholastic athletic contest or a sanctioned recreation athletic contest.

*offender fined $1000-$5000 and imprisoned 5 days-6 months w/out suspended sentence.

battery of a correctional facility employee

LRS 14:34.5

____ ____ ___ ____ ____ ____ is a battery committed w/out the consent of the victim when the offender has reasonable grounds to believe the victim is a correctional facility employee acting in the performance of his duty.

*offender fined $500 and imprisoned 15 days- 6 months w/out suspended sentence.

battery of a bus operator

LRS 14:34. 5.1

_____ ___ ____ ____ ____ is a battery committed w/out consent of the victim when the offender has reasonable grounds to believe that the victim is a bus operator.

*offender fined $500 and imprisoned 48 hrs-6 months w/out parole, probation, or suspended sentence.

disarming of a peace officer

LRS 14:34.6

_____ ____ ____ ____ ____ is committed when an offender, thru use of force or threat of force, and w/out consent of the peace officer, take possession of any law enforcement equipment from the person of a peace officer or from an area in the officers immediate control, when the offender has reasonable grounds to believe the victim is a peace officer acting in the performance of his duty.

*offender imprisoned w/ hard labor for 5 yrs.

aggravated 2nd degree battery

LRS 14:34.7

_____ ____ ____ _____ is a battery committed with a dangerous weapon when the offender intentionally inflicts great bodily injury.

(1)Serious bodily injury involves unconsciousness, extreme physical pain, or protracted and obvious disfigurement, or loss/impairment of function of a bodily member, organ, or mental faculty, or substantial risk of death

*offender fined $10000 or imprisoned w/ or w/out hard labor for 15 yrs, or both.

simple battery

LRS 14:35

____ ______ is a battery committed w/out the consent of the victim.

*offender fined $1000 or imprisoned 6 months or both.

Battery of a child welfare or adult protective service worker

LRS 14:35.1

battery of a child welfare or adult protective service worker is a battery committed w/out the consent of the victim when the offender has reasonable grounds to believe the victim is a child welfare or adult protective service worker working in the performance of employment duties who has presented proper ID.

*offender fined $5000 and shall be imprisoned 15 days-6 months or both.

simple battery of a person with infirmities

LRS 14:35.2

____ ____ ___ ___ ____ ____ ____ is a batter committed against a person who is infirmed, has a disability, or is aged and who is incapable of consenting to the battery due to either of the following: advanced age, unsoundess of mind, stupor, abnormal condition of mind, or other mental disabilities.

*offender fined $500 and imprisoned 30 days- 6 months or both.

domestic abuse battery

LRS 14:35.3

is the intentional use of force or violence committed by one household member upon the person of another household member.

assault

LRS 14:36

is an attempt to commit battery, or the intentional placing of another in reasonable apprehension of receiving battery.

aggravated assault

LRS 14:37

is an assault committed with a dangerous weapon.

*offender is fined $1000 or imprisoned for 6 months or both

Assault by drive by

LRS 14:3

is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.

*offender imprisoned 1-5 yrs, w/ or w/out hard labor and w/out benefit of suspended sentence.

aggravated assault upon a peace officer

LRS 14:37.2

with a firearm is an assault committed upon a peace officer who is acting in the course and scope of his duties with a firearm.

*offender fined $5000 or imprisoned 1-10 yrs, w/ or w/out hard labor, or both.

unlawful use of a laser on a police officer

LRS 14:37. 3

is the intentional projection of a laser on or at a police officer w/out consent of the officer when the offender has reasonable grounds to believe that the officer is a police officer acting in the performance of his duties and that officer will be injured, intimidated, or placed in fear of great bodily harm.

*offender fined $500 or imprisoned 6 months or both.

aggravated assault with a firearm

LRS 14:37. 4

is an assault committed with a firearm.

*offender fined $10,000 or imprisoned 10 yrs or both.

Aggravated assault upon a utility service employee with a firearm

LRS 14:37.5

aggravated assault upon a utility service employee with a firearm is an assault committed upon a utility service employee who is acting in the course and scope of his duties when the offender knows the victim is a utility service employee and the assault is committed with the intention of preventing the person from performing his official duties and is committed with a firearm.

*$2000 fine, 1-3 yr sentence, or both

simple assault

LRS 14:38

____ ____ is an assault committed w/out a dangerous weapon.

*$2000 fine, or 90 day sentence or both

mingling harmful substances

LRS 14:38. 1

is the intentional mingling of any harmful substance or matter with any food, drink, or medicine with intent that the same shall be taken by any human being to his injury.

*2 yr sentence or $1000 fine or both

assault on a school teacher

LRS 14:38. 2

is an assault committed when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of his duties.

*student offender: $2000 fine or 30-180 day sentence or both

*nonstudent offender: $2000 fine or imprisoned w/ or w/out hard labor 1-3 yrs or both

assault on child welfare worker

LRS 14:38. 3

is an assault committed when the offender has reasonable rounds to believe the victim is a child welfare worker acting in the performance of his duties.

*$500 fine or 15-90 day sentence or both

negligent injuring

LRS 14:39

is either of the following: the inflicting of any injury upon the person of another by criminal negligence or the inflicting of any injury upon the person of another by a dog or other animal when the owner of the dog or other animal is reckless and criminally negligent in confining or restraining the dog or other animal.

*$500 fine or 6 month sentence or both

Vehicular criminal injuring

LRS 14:39. 1

is the inflicting of serious bodily injury upon the person of a human being when caused proximately or caused directly by an offender engaged in operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever the offender is under the influence of drugs or alcohol.

*$1000 fine or 6 month sentence or both

1st degree vehicular negligent injuring

LRS 14:39. 2

is the inflicting of serious body injury upon the person of a human being when caused proximately or caused directly by an offender engaged in operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance whenever the offender is under the influence of drugs or alcohol.

*$2000 fine or 5 yr sentence (w/ or w/out hard labor) or both.

intimidation by officers

LRS 14:40

is the intentional use, by any police officer or other person charged with the custody of parties accused of a crime or violation of a municipal ordinance, of threats, or other means of inhuman treatment designed to secure a confession or incriminating evidence from the person in custody.

*$500 fine or 6 month sentence or both.

Terrorizing

LRS 14:40. 1

is the intentional communication of info that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, with the intent of causing members of the general public to be in sustained fear for their safety; or causing evac of a building, public structure, or facility of transportation; or causing other serious disruption to the general public.

*$15,000 fine or 15 yr sentence(w/ or w/out hard labor) or both.

Stalking

LRS 14:40. 2

is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress. _____ shall include by not be limited to the intentional and repeated uninvited presence if the perpetrator at another persons home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, body injury, sex assault, kidnapping, or any other statutory criminal act to himself or any member of his family or any person with whom he is acquainted.

*if victim is under 18: 3 yr sentence or $2000 fine or both

* w/ dangerous weapon: 1-5 yr sentence (w/ or w/out had labor), w/ no probation, parole, or suspended sentence, or $1000 fine, or both

* w/ court order in place: 90 day-2 yr sentence or both

*offender is 13 or older and victim is 12 or under: 1-3 yr sentence and $1500-$5000 or both.

cyberstalking

LRS 14:40. 3

is action of any person to accomplish any of the following: use in electronic communication of any words or language threatening to inflict body harm to any person or to such persons child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.

*$2000 fine or 1 yr sentence or both

*2nd conviction w/in 7 yrs: 180 day-3 yrs sentence and $5000 fine or both.

*3rd conviction w/in 7 yrs for stalking: 2-5 yr sentence and $5000 fine or both.

cyberbullying

LRS 14:40. 7

is the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of 18.

Burning cross on property to intimidate

LRS 14:40. 4

it shall be unlawful for any person with the intent of intimidating any person or group of persons to burn, or cause to be burned, a cross on property of another, highway, or other public place.

*$15,000 fine or 15 yr sentence (w/ or w/out hard labor) or both.

public display of a noose

LRS 14:40. 5

it shall be unlawful for any person, with the intent to intimidate any person or group of persons, to etch, paint, draw, or other wise place or display a hangman's noose on the property of another, highway, or other public place.

*$5000 fine or 1 yr sentence

rape defined

LRS 14:41

______ is the act of anal, oral, or vaginal sexual intercourse with a male or female person committed without the persons lawful consent. Emission is not necessary, and any sexual penetration, when the _____ involves vaginal or sexual intercourse, however slight, is sufficient to complete the crime.

1st degree rape

LRS 14:42

is a rape committed upon a person 65 yrs of age or older or where the anal, oral, or vaginal intercourse is deemed to be w/out 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 yrs. Lack of knowledge of age shall not be a defense.

(5) when 2 or more offenders participate 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.

*life sentence w/out parole, probation, or suspended sentence

2nd degree rape

LRS 14:42.1

is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be w/out lawful consent of the victim because it is committed under any 1 of more of the following circumstances:

(1) 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) the victim is incapable of resisting or understanding of the act by reason of stupor or abnormal condition of mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender, w/out the knowledge of the victim.

*5-40 yrs sentence.

3rd degree rape

LRS 14:43

is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be w/out the lawful consent of the victim because it is committed under any 1 or more of the following circumstances:

(1) the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victims incapacity.

(2) the victim, thru unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victims 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.

* 25 yr sentence at hard labor

sexual battery

LRS 14:43. 1

is the intentional 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 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, when any of the following occurs:

(1) the offender acts w/out consent if the victim

(2) the act is consensual, but the other person, who is not the spouse of the offender, has not yet attained 15 yrs of age and is at least 3 yrs younger than the offender

(3) the offender is 17 yrs of age or older and any of the following exists:

(a) the act is w/out consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:

(a1) the victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability

(a2) the victim is incapable, thru unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victims incapacity

(a3) the act is w/out consent of the victim, and the victim is 65 yrs of age or older

*lack of knowledge of victim age shall NOT be a defense.

*10 yr sentence

*victim is 13 or younger and offender is 17 or older: 25-99 yr sentence

2nd degree sexual battery

LRS 14:43.____

is the 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 genital of the victim by the offender using any instrumentality or any body part of the offender

(2) the touching of the anus or genitals of the offender by the victim using any instrumentality or any body part of the victim.

*15 yr sentence

*victim is under 13: 25-99 yr hard labor sentence

oral sexual battery

LRS 14:43.___

is the intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim, when any of the following occur:

(1) the victim, who is not the spouse of the offender, is under the age of 15 yrs and is @ least 3 yrs younger than the offender

(2) the offender is 17 yrs of age or older and any of the following exist:

(a) the act is w/out consent of the victim, and the victim is prevented from resisting the act because either of the following exist:

(a2) the victim has paraplegia, quadriplegia, or is otherwise physically incapable of preventing the act due to a physical disability.

(a3) the victim is incapable, thru unsoundness of mind, of understanding the nature of the act, and the offender knew or should have known of the victims incapacity

(a4) the act is w/out consent of victim, and the victim is 65 yrs of age or older

*lack of knowledge of victim age is NOT a defense.

*10 yr sentence

*victim is under 13: 25-99 yr hard labor sentence

intentional exposure to AIDS virus

LRS 14:43. 5

no person shall intentionally expose another to any acquired immunodeficiency syndrome(AIDS) thru sexual contact w/out the knowing and lawful consent of the victim and no person shall intentionally expose a police officer to any AIDS virus thru any means of contact w/out the knowing and lawful consent of the officer when the offender has reasonable grounds to believe the victim is a police officer acting the performance of his duties.

*$5000 fine, 10 yr sentence or both

*against police officer: $6000 fine, 11 yr sentence or both

aggravated kidnapping

LRS 14:44

is the doing of any of the following acts w/ the intent thereby to force the victim, or some other person, to give up anything of apparent or prospective value, or to grant any advantage or immunity, in order to secure a release of the person under the offenders actual or apparent control:

(1) the forcible seizing and carrying of any person from 1 place to another

(2) the enticing or persuading of any person to go from 1 place to another

(3) the imprisoning or forcible secreting of any person.

*life sentence w/ hard labor

2nd degree kidnapping

LRS 14:44.1

is the doing of any acts listed in subsection B wherein the victim 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 hours or more, except as provided in RS 14:45(a)(4) or (5)

(5) imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon.

*5-40 yr hard labor sentence

simple kidnapping

LRS 14:45

_____ ____ is:

(1)the intentional and forcible seizing, and carrying of any person from 1 place to another w/out his consent

(2) the intentional taking, enticing, or decoying away, for an unlawful purpose, of any child not his own or under the age of 14 yrs, w/out the consent of its parents or the person charged with its custody

(3) the intentional taking, enticing, or decoying away, w/out the consent of the proper authority, of any person who has been lawfully committed to any institution for orphans, persons with mental illness, persons with intellectual disabilities, other similar institution

(4) the intentional taking, enticing, or decoying away and removing from the state, by any parent of his or her child, from the custody of any person to whom custody has been awarded by any court of competent jurisdiction of any state, w/out 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.

*$5000 fine, 5 yr sentence or both

interference with the custody of a child

LRS 14:45. 1

is the intentional enticing, or decoying away of a minor child by a parent not having a right of custody, with intent to detain or conceal such child from a parent having a right of custody pursuant to a court order or from a person entrusted with the care of the child by a parent having custody pursuant to a court order.

*It shall be an affirmative defense that the offender reasonably believed his actions were necessary to protect the welfare of the child.

*$500, 6 month sentence or both.

false imprisonment

LRS 14:46

is the intentional confinement or detention of another, w/out his consent and w/out proper legal authority.

*$200, 6 month sentence or both

Human trafficking

LRS 14:46.2

it shall be unlawful:

(1) for any person to knowingly recruit, harbor, transport, provide, solicit, receive, isolate, entice, obtain, or maintain the use of another person thru fraud, force, or coercion to provide services or labor

(2) for any person to knowingly benefit from activity prohibited by the provisions of this section

(3) for any person to knowingly facilitate any of the activities prohibited by the provisions of this section by any means, including but not limited to helping, aiding, abetting, or conspiring, regardless of whether a thing of value has been promised to or received by the person.

*$15,000 fine and 20 yr hard labor sentence

trafficking of children for sexual purposes

LRS 14:46. 3

it shall be unlawful:

(1) for any person to knowingly recruit, harbor, transport, provide, sell, purchase, receive, isolate, entice, obtain, or maintain the use of a person under the age of 18 years for the purpose of engaging in commercial sexual activity

(2) for any person to knowingly benefit from activity prohibited by the provisions of this section

(3) for any parent, legal guardian, or person having custody of a person under the age of 18 yrs to knowingly permit or consent to such minor entering into any activity prohibited by the provisions of this section

(4) for any person to knowingly facilitate any of the activities prohibited by the provisions of this section by any means, including, but not limited to helping, aiding, abetting, or conspiring, regardless of whether a thing of value has been promised to or received by the person

(5) for any person to knowingly advertise any of the activities prohibited by his section

(6) for any person to knowingly sell or offer to sell travel services that include or facilitate any of the activities prohibited by this section.

*$50,000 fine, 15-50 yr sentence or both

*victim is under 14: $75,000 fine and 25-50 yr sentence

*previously convicted of sex offense: $100,000 fine and 50 yr sentence

perpetration or attempted perpetration of certain crimes of violence against a victim 65 years of age or older

LRS 14:50. 2

the court in its discretion may sentence, in addition to any other penalty provided by law, any person who is convicted of a crime of violence or of an attempt to commit any of the crimes as defined in RS 14:2(B) with the exception of 1st degree murder(RS 14:30), 2nd degree murder (RS 14:30.1), aggravated assault, aggravated rape, and aggravated kidnapping, to an additional 3 yrs imprisonment when the victim of such crime is 65 yrs of age or older at the time the crime is committed.

aggravated arson

LRS 14:51

is 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.

*6-20 yr sentence and $25,000 fine

injury by arson

LRS 14:51.1

is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or other movable belonging to another if either of the following occurs:

(1) any person suffers great bodily harm, permanent disability, or disfigurement as a result of the fire or explosion

(2) a firefighter, LEO, or 1st responder who is present at the scene and acting in the line of duty is injured as a result of the fire or explosion.

*6-20 yr sentence and $25,000 fine

simple arson

LRS 14:52

________ _______is either of the following:

(1) the intentional damaging by any explosive substance or the setting fire to any property of another, w/out the consent of the owner and except as provided in RS 14:51

(2) the starting of a fire or causing an explosion while the offender is engaged in the perpetration or attempted perpetration of another felony offense even tho the offender does not have the intent to start a fire or cause an explosion

*damage is $500 or more: $15,000 fine and 2-15 yr sentence

*damage is under $500: $25,000 fine, 5 yr sentence or both.

simple arson of a religious building

LRS 14:52. 1

is the intentional damaging, by any explosive substance or setting fire, of any church, synagogue, mosque, or other building, structure, or place primarily used or religious worship or other religious purpose.

*$15,000 fine and 2-15 yr sentence

arson with intent to defraud

LRS 14:53

is the setting fire to, or damaging by any explosive substance, any property, with intent to defraud.

*$10,000 fine, 5 yr sentence or both

Unlawful possession of a bomb

LRS 14:54. 3

it shall be unlawful for any person w/out proper license as required by RS 40:1427.1 et seq., knowingly and intentionally to manufacture, possess, or have under his control any bomb.

*$10,000 fine, 20 yr sentence or both

fake explosive device

LRS 14:54. 5

it shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally:

(1) influences the official conduct or action of an official or any personnel of a public safety agency

(2) threatens to use the fake explosive device while committing or attempting to commit any felony

*5 yr sentence and fine equals cost of investigation and response by police

aggravated criminal damage to property

LRS 14:55

is the intentional damaging of any structure, watercraft, or movable, wherein it is foreseeable that human life might be endangered, by any means other than fire or explosion.

*$10,000 fine, 15 yr sentence or both.

simple criminal damage to property

LRS 14:56

is the intentional damaging of any property of another, w/out the consent of the owner, and except as provided in RS 14:55, by any means other than fire or explosion;

the provisions of this section shall include the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.

*damage is less than $500: $1000 fine, 6 month sentence, or both

*damage is $500 but less than $50,000: $1000 fine, 2 yr sentence, or both

*damage is $50,000 or more: $10,000 fine, 1-10 yr sentence or both

criminal damage to property by graffiti

LRS 14:56. 4

it shall be unlawful for any person to intentionally deface with graffiti immovable or movable property, whether publicly or privately owned, w/out the consent of the owner.

*$1000 fine and 2 yr sentence

criminal mischief

LRS 14:59

is the intentional performance of any of the following acts:

(1) tampering with any property of another, w/out the consent of the owner, with the intent to interfere with the free enjoyment of any rights of anyone thereto, or with the intent to intent to deprive anyone entitled thereto of the full use of the property

(2) giving of any false alarm of fire or notice which would reasonably result in emergency response

(3) driving of any tack, nail, spike, or metal over 1 and 1/2 inch in length into any tree on lands belonging to another, w/out consent of the owner, or w/out later removal of the object from the tree

(4) the felling, topping, or pruning of trees or shrubs w/in the right of way of a state highway, w/out prior written approval of the chief engineer of the department of transportation and development or his designated representative, provided prior written approval is not required for agents of employees of public utility companies in situations of emergency where the person or property of others is endangered

(5) giving of any false report or complaint to a sheriff, or his deputies, or to any officer of the law relative to the commission of, or an attempt, to commit, a crime

(6) throwing of any missile in any street, avenue, alley, road, highway, open space, public square, or enclosure, or throwing any stone, missile, or other object from any place into any street, avenue, road, highway, alley, open space, public square, enclosure,or at any train, railway car, or locomotive

(7) taking temporary possession of any part or parts of a place of business, or remaining in a place of business after the person in charge of such business or portion of business has directed such person to leave the premises and to desist from the temporary possession of any part or parts of such business

(8) the communication to any person for the purpose of disrupting any public utility water service, when the communication causes any officer, employee, or agent of the service reasonably to be placed in sustained fear for his or anothers safety, or causes the evac of a water service building, or caused any discontinuance of any water services

(9) the discharging of any firearm at a train, locomotive, or railway car.

*$500 fine, 6 month sentence, or both

aggravated burglary

LRS 14:60

is 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 any theft therein, under any of the following circumstances:

(1) if the offender is armed with a dangerous weapon

(2) if after entering, the offender arms himself with a dangerous weapon

(3) if the offender commits a battery upon any person while in such a place, or in entering or leaving such a place.

*1-30 yr sentence

unauthorized entry of a critical infrastructure

LRS 14:61

is the intentional entry by a person w/out authority into any structure or onto any premises, belonging to another, that constitutes in whole or in part a critical infrastructure that is completely enclosed by any type of physical barrier, including but not limited to:

(1) chemical manufacturing facilities

(2) refineries

(3) electrical power generating facilities

(4) water intake structure and water treatment facilities

(5) natural gas transmission compressor stations

(6) LNG terminals and storage facilities

(7) transportation facilities, such as ports, railroad switching yards, and trucking terminals.

simple burglary

LRS 14:62

is 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 RS 14:60.

*$2000 fine, 12 yr sentence or both

simple burglary of a pharmacy

LRS 14:62. 1

is the unauthorized entry of any building, warehouse, physicians office, hospital, pharmaceutical house, or other structure used in whole or in part of the sale, storage, and/or dispensing of controlled dangerous substances, as defined in RS 40:961(7), with the intent to commit the theft of any drug which is defined as a controlled dangerous substance in RS 40:961(7) other than set fourth in RS 14:60.

*1-10 yr sentence

*2nd conviction: 2-12 yr sentence

simple burglary of an inhabited dwelling

LRS 14:62. 2

is 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 fourth in RS 14:60.

*1-12 yr sentence

unauthorized entry of an inhabited dwelling

LRS 14:62. 3

is the intentional by a person w/out 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.

*$1000, 6 yr sentence or both