LOUISIANA REVISED STATUTES

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					1. Introductory Materials

          Introduction 1:2

          A Concise History of Criminal Law 1:5

          An Overview of Criminal Procedure 1:17

          Statutory Construction 1:23



2. Concepts of culpability - Mens Rea + Actus Rea = Causation = social harm

          Actus Reus : The physical act – does not alone manifest guilt, unless it
           is an act for which intent is not required element 2:5
               a willful act or omission is required for culpability
               an omission creates no culpability unless there was a duty to act
               in La an ―act‖ refers to an external manifestation of will producing consequences.
               Model Penal Code defines ―act‖ as a bodily movement whether voluntary or involuntary.
               ―voluntary‖ has been held to exclude acts during epileptic seizure & hyponsis.
               Model Penal Code suggests that ― possession is an act…if the possessor knowingly procured
                or received the thing possessed or was aware of his control thereof for a sufficient period to
                have been able to terminate his possession.‖
            7 general categories imposing a duty to act:
                     1) duty based on relationship. (parent-child; captain-passenger)
                     2) duty based on statute. (parent-child)
                     3) duty based on contract (nanny-child; lifeguard-swimmer)
                     4) duty created by voluntary assumption. (traditional rule is that a rescuer may not leave
                          a victim in a worse position than he found him.
                     5) Duty based on creation of the peril. (trapper-small child trapped)
                     6) Vicarious duty. (master-servant;
                     Duty of landowners. (landowner-invitee)
          Mens Rea – Guilt mind, intent, mental state required for culpability of
           a crime. 2:8
               the offender must have some specified state of mind if the criminal sanction is to stick.
               Examples: murder=malice aforethought; theft=intention to steal.
               Maxim ―Actus non facit reum nisi mens sit rea‖ (an act does not make guilt unless the mind is
                guilty)
               Leading National Case: Morissette v. US. (1952): crimes must have mens rea.
               Exceptions to the Mens Rea requirement:
                1) strict liability offenses: public safety offenses. ie running a light.

            State v . Lias La 1996: officers gain entry to crack hotel guest’s room; drugs were on the floor, but
            not on his person, sole evidence was that D attempted to close the door on the police & a known
            drug user was seen leaving the room w/ crack. No conviction.
              Factors to determine whether D exercised dominion & control sufficient to
            constitute constructive possession:
                     1) D’s knowledge that illegal drugs were in the area

                                                    1
                     2)   D’s relationship with the person found to actually be in possession
                     3)   D’s access to the area where the drugs were found
                     4)   Evidence of recent drug usage by the D
                     5)   actual drug paraphernalia…

                     Reasonable mistake of Fact will be a defense only if it
                     negates the requisite mens rea.

            State v. Barnes La 1971: 18 year old is convicted with possession of
                      marijuana. On appeal, D alleges that he did not meet the ― guilty knowledge‖ requirement
                      of the statute. Conviction affirmed. Dissents: 1) this case makes mere possession an
                      automatic guilty knowledge—this contradicts the caselaw. 2) the evidences suggests that
                      the teenager may not have known about the drugs—no evidence presented to support the
                      knowledge requirement.
            There is a class of acts where crimes are committed w/out intent:
                      1) ie. unlawful sales to minors; lack of knowledge no defense

            When a statute contains no language as to intent, the court must then determine if intent is a
            requirement or not. There are two factors to help determine this:
                    1) where the effectiveness of the statute would be seriously impaired by the element of
                         proof that an offender had knowledge of certain facts or intended to use the
                         prohibited articles in a particular manner (it is likely that the legislature did not
                         intend to require proof)
                    where the primary purpose of the statute is to protect society rather than to punish the
                    offender, criminal intent guilty knowledge have little relevance to the social evil
                    involved, ( it is likely that the legislature did not intend the required proof)


4 States of Mind Relating to Intent 2:23
                o Purpose (or intent)
            1) Purposefully:
               a) if the element involves the nature of his conduct or a result thereof; it is his conscious
                   object to engage in conduct of that nature or to cause such a result; and
               b) if the element involves the attendant circumstances, he is aware of the existance of such
                   circumstances if he believes or hopes that they exist.


                o Knowingly (scienter)
            2) Knowingly:
               a) if the element involves the nature of his conduct or the attendant circumstances, he is
                  aware that his conduct is of that nature or that such circumstances exist; and
               b) if the element involves a result of his conduct, he is aware that it is practically certain that
                  his conduct will cause such a result.


                o Recklessly
            3) Recklessly:
               A person acts recklessly with respect to a material element of an offense when he consciously
               disregards a substantial and unjustifiable risk that the material element exists or will result
               from his conduct. The risk must be of such nature and degree that considering the nature and
               purpose of the actor’s conduct and the circumstances known to him, its disregard involves a
               gross deviation from the standard of conduct that a law abiding person would observe in the
               actor’s situation.


                o Negligently
                                                     2
              4) Negligently:
                 A person acts negligently with respect to a material element of an offense when he should be
                 aware of a substantial and unjustifiable risk that the material element exists or will result from
                 his conduct. The risk must be of such a nature and degree that the actor’s failure to perceive it,
                 considering the nature and purpose of his conduct and the circumstances known to him.
                 Involves a gross deviation from the standard of care that a reasonable person would observe in
                 the actor’s situation.


           Specific and General Intent 2:23
              Specific Intent: generally requires the offender to actively desire the
                       criminal consequences.
              General Intent: requires the offender to know criminal consequences are
                       reasonably certain to follow the act.

      Article 10: Criminal intent may be specific or general:
                               1) 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.
                               2) General 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.

      Article 11: 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.’

              State v. Daniels

           Criminal Negligence 2:31
              Negligence can be deemed sufficient even w/out specific or general intent
              However, the actions must be a gross deviation below the standard of care
              expected from a reasonable person.


           Causation 2:34
              When a statute contains no language as to intent, the court must then determine if intent is a
              requirement or not. There are two factors to help determine this:

          1) where the effectiveness of the statute would be seriously impaired by the element of proof that an
             offender had knowledge of certain facts or intended to use the prohibited articles in a particular
             manner (it is likely that the legislature did not intend to require proof)
          2) where the primary purpose of the statute is to protect society rather than to punish the offender,
             criminal intent guilty knowledge have little relevance to the social evil involved, ( it is likely that
             the legislature did not intend the required proof)




3. Parties to Crimes

           Principals 3:1
                                                        3
          Accessories 3:8

          Accomplice Liability 3:9

4. Homicide

          Murder 4:1

                  First Degree

                  Second Degree

          Manslaughter 4:20

          Felony Murder, ―Unlawful Act Manslaughter 4:25

          Negligent Homicide 4:33

5. Other Offenses Against The Person

          Rape 5:1

          Kidnapping 5:10

          Assault and Battery 5:12

          Aggravated Offenses: Herein, dangerous Weapon and Enhancement
           Statues 5:16

6. Theft offenses at Common Law: The Complexities of Possession

          Modern Theft: Toward Simplification 6:11
          Burglary and Robbery 6:17
              i. Larceny – Trespassory taking (caption) & carrying away
                 (asportation) of personal property belonging to another w/
                 intent to steal
             ii. Larceny by trick – when defendant obtained another’s property
                 by use of a lie or fraudulent scheme (later - false pretense)


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              iii. Embezzlement – Defendant already had legal possession of
                   another’s property and wrongfully converted it. Distinguish
                   from larceny
              iv. False Pretense – False representation of a material fact
                   (past/present) which induces victim to pass title to defendant
                   who acts knowingly and fraudulently.

7. Miscellaneous Offenses

          Arson and Related Offenses 7:1

          Other Crimes Affecting Property 7:4

          Other Crimes Affecting the Person 7:8

8. Inchoate Offenses

          Conspiracy 8:1

          Attempt 8:6

          Soliciation 8:14

9. Jusitification and Defenses

          General Justification 9:1

          Infancy 9:5

          Insanity 9:6

          Intoxication 9:16

          Mistake or Ignorance of Law and Fact 9:18

          Defense of Self, Others and Property 9:21




                                         5
                             TITLE 14 CRIMINAL LAW
                            CHAPTER 1 CRIMINAL CODE

PART I GENERAL PROVISIONS

SUBPART A PRELIMINARY PROVISIONS

1 Method of citation 1
2 Definitions 1
3 Interpretation 2
4 Conduct made criminal under several articles; how prosecuted 2
5 Lesser and included offenses 2
6 Civil remedies not affected 2

SUBPART B ELEMENTS OF CRIMES

7 Crime defined 2
8 Criminal conduct 2
9 Criminal consequences 2
10 Criminal intent 3
11 Criminal intent; how expressed 3
12 Criminal negligence 3

SUBPART C CULPABILITY

13 Infancy 3
14 Insanity 3
15 Intoxication 3
16 Mistake of fact 4
17 Mistake of law 4
18 Justification; general provisions 4
19 Use of force or violence in defense 5
20 Justifiable homicide 5
21 Aggressor cannot claim self defense 5
22 Defense of others 6

SUBPART D PARTIES

23 Parties classified 6
24 Principals 6
25 Accessories after the fact 6
SUBPART E INCHOATE OFFENSES

                                              6
26 Criminal conspiracy 6
27 Attempt 7
28 Inciting a felony 8
28.1 Solicitation for murder 8




                                 7
PART II OFFENSES AGAINST THE PERSON

SUBPART A HOMICIDE

29 Homicide 8
      Homicide is the killing of a human being by the act, procurement, or culpable
      omission or another. Criminal homicide is of five grades:
      (1) 1st Degree Murder
      (2) 2nd Degree Murder
      (3) Manslaughter
      (4) Negligent homicide
      (5) Vehicular homicide

30 First Degree Murder 8

       A.     1st Degree Murder is the killing of a human being:
          (1) When the offender has specific intent to kill or inflict great bodily harm and is
              engaged in the perpetration of attempted perpetration of 1. Aggravated
              kidnapping, 2. 2nd degree kidnapping. 3. aggravated escape. 4. aggravated arson,
              5. Aggravated rape, 6. Forcible rape, 7. Aggravated burglary, 8. Armed robbery,
              9. Drive by shooting, 10. First degree robbery, 11. Simple robbery.
          (2) When the offender has the specific intent to kill or to inflict great bodily harm
              upon a firemen, peace officer, or civilian employee of the La State Police Crime
              La or any other forensic laboratory engaged in the performance of his lawful
              duties;
          (3) When the offender has specific intent to kill or to inflict great bodily harm upon
              more than (1) person; or
          (4) When the person has the specific intent to kill or inflict great bodily harm and has
              offered, has given, or has received anything of value for the killing.
          (5) When the offender has the specific intent to kill or inflict great bodily harm upon
              a victim under (12) or over (65).
          (6) When the offender has the specific intent to kill or inflict great bodily harm while
              engaged in the distribution, exchange, sale, or purchase, or any attempt thereof, of
              a controlled dangerous substance listed in Schedules I,II,III, IV, or V of the
              uniform controlled dangerous substance law.
          (7) …
       B. For the purposes of paragraph (2) of this section, the term peace officer means…
       C. Whoever commits the crime of 1st degree murder shall be punished by death or life
          imprisonment at hard labor without benefit or parole, probation, or suspension or
          sentence in accordance with the determination of the jury.

30.1 Second Degree Murder 9

       A.       Second degree murder is the killing of a human being:
            (1) when the offender has a specific intent to kill or inflict great bodily harm; or
            (2) (a)When the offender is engaged in the perpetration or attempted perpetration of a
                1. Aggravated kidnapping, 2. 2nd degree kidnapping. 3. aggravated escape. 4.
                                                8
                 aggravated arson, 5. Aggravated rape, 6. Forcible rape, 7. Aggravated burglary, 8.
                 Armed robbery, 9. Drive by shooting, 10. First degree robbery, 11. Simple
                 robbery, even though he has no intent to kill or inflict great bodily harm.
                 (b) when the offender is engaged in the perpetration of cruelty to juveniles, even
                 though he has not intent to kill or inflict great bodily harm.
             (3) When the offender unlawfully distributes or dispenses a controlled dangerous
                 substance listed in Schedules I or II or the Uniform Controlled Dangerous
                 Substance Law which is a direct cause of death of the recipient who ingested or
                 consumed the controlled dangerous substance.
             (4) When the offender unlawfully distributes or dispenses a controlled dangerous
                 substance listed in Schedules I or II or the Uniform Controlled Dangerous
                 Substance Law to another who subsequently distributes or dispenses such
                 controlled substance which is the direct cause of the death of the person who
                 ingested or consumed the controlled dangerous substance.
Whoever commits the crime of 2nd degree murder shall be punished by life imprisonment at hard labor without the
benefit of parole, probation, or suspension of sentence.

§§ 30.2 to 30.5 [Blank]

31 Manslaughter 10
      A. Manslaughter is :
         (1) A homicide which would be murder under either Article 30 (1st degree murder) or
             Article 30.1 (2nd degree murder), but the offense is committed in sudden passion
             or heat or 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 bloo would have cooled, at the time
             the offense was committed; or
         (2) A homicide committed, without any intent to cause death or great bodily harm.
             (a) when the offended is engaged in the perpetration or attempted perpetration or
                 any felony not enumerated in Article 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 article 30 or 30.1
      B. Whoever commits manslaughter shall be imprisoned at hard labor….However, if the
         victim was killed as a result of receiving a battery and was under the age or 10 years,
         the offender shall be imprisoned at hard labor, without benefit of probation or
         suspension of sentence,…


32 Negligent Homicide 10

        A. 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 or such negligence.



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            C. Whoever commits the crime shall be imprisoned… However, if the victim was killed
               as a result of receiving a battery and was under the age or 10 years, the offender shall
               be imprisoned at hard labor,



32.1 Vehicular Homicide 10
       A. Vehicular homicide is the killing or a human being caused proximately or caused
          directly by an offender engaged in the operation of, or in actual physical control or,
          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 under the influence of alcoholic beverage as determined by
              chemical tests administered under the provisions of RS 32:662.
          (2) The operator’s blood alcohol concentration is 0.08% or more by weight based
              upon grams of alcohol per 100 cubic centimeters of blood.
          (3) The operator is under the influence of any controlled dangerous substance listed
              in Schedule I,II,III,IV, or V as set forth in RS 40:964.
          (4) The operator is under the influence of alcoholic beverages and has fled the scene
              of the accident.


SUBPART A-1 FETICIDE
32.5 Feticide defined; exceptions 11
32.6 First degree feticide 11
32.7 Second degree feticide 11
32.8 Third degree feticide 11

32.9 Partial birth abortion 11

SUBPART A-2 SUICIDE

32.12 Criminal assistance to suicide 11

SUBPART B ASSAULT AND BATTERY (WITH RELATED OFFENSES)

33 Battery defined 12

        Battery is the intentional use of force or violence upon the person of another; or the
intentional administration or a poison or other noxious liquid or substance to another.

§ 33.1 [Blank]

34 Aggravated Battery 12
      Aggravated Battery is a battery committed with a dangerous weapon
      Whoever commits an aggravated battery shall not be fined not more than five
      thousand dollars,…
                         *FELONY


                                                    10
34.1 Second Degree Battery 12
        Second degree battery is a battery committed without the consent of the victim when the
offender intentionally inflicts serious bodily harm
        For the purposes of this article, serious bodily injury means bodily injury which involves
unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted
loss or impairment or the function of a bodily member, organ, or mental faculty, or a substantial
risk of death.
        Whoever commits the crime…
                          *FELONY


34.2 Battery of a police officer 12
34.3 Battery of a school teacher 12
34.4 Battery of a school or recreation athletic contest official 12
34.5 Battery of a correctional facility employee 12
34.6 Disarming of a peace officer 13
34.7 Aggravated second degree battery 13

35 Simple Battery 13

             Simple battery is a battery committed without the consent of the victim
             Whoever commits the crime..
                          *MISDEMEANOR


35.1 Simple battery of a child welfare worker 13
35.2 Simple battery of the infirm 13

36 Assault defined 13
       Assault is an attempt to commit a battery, or the intentional placing of another in
reasonable apprehension of receiving a battery.

37 Aggravated Assault 13
   Aggravated assault is an assault committed with a dangerous weapon
      A. Whoever commits an aggravated assault shall be…
      B. If the offense is committed upon a store’s or merchant’s employee while the offender
         is engaged in the perpetration or attempted perpetration of theft of goods, the offender
         shall be imprisoned…
*MISDEMEANOR



37.1 Assault by drive-by shooting 13

             A. Assault by drive by shooting is an assault committed with a firearm when an offender
                uses a motor vehicle to facilitate the assault.
             B. Whoever commits ..
             C. ―drive-by shooting‖ means the discharge of a firearm from a motor vehicle on a
                public street or highway with the intent either to kill, cause harm to, or frighten
                another person.
*FELONY



                                                                      11
37.2 Aggravated assault upon a peace officer with a firearm 14
37.3 Unlawful use of a laser on a police officer 14


38 Simple assault 14

             Simple assault is an assault committed without a dangerous weapon.
             Whoever commits…
                    *MISDEMEANOR


38.1 Mingling harmful substances 14

                    Mingling harmful substances 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.
                    Whoever commits …
             *FELONY


38.2 Assault on a school teacher 14
39 Negligent injuring 14
39.1 Vehicular negligent injuring 14
39.2 First degree vehicular negligent injuring 14
40 Intimidation by officers 14
40.1 Terrorizing 15
40.2 Stalking 15


SUBPART C RAPE AND SEXUAL BATTERY

41 Rape; defined 15
§ 41 Rape: Defined.
       A. Rape is the act or anal or vaginal sexual intercourse with a male or female person
           committed without the person’s lawful consent.
       B. Emission is not necessary and any sexual penetration, vaginal or anal, however slight
           is sufficient to complete the crime.

§ 41.1 [Blank]

42 Aggravated rape 15

 Aggravated Rape
       A. Aggravated rape is a rape committed upon a person 65 years or age or older or where
          anal or vaginal intercourse is deemed to be without lawful consent of the victim
          because it is committed under any one 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 12. Lack of knowledge of the victim’s age
              shall not be a defense.
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          (5) When two 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.
       B. for purposes of paragraph (5), ―participate‖ shall mean;
          (1) commit the act of rage
          (2) physically assist in the commission of the act.
       C. For the purposes of this section, the following words have the following meaning:
          (1) ― physical infirmity‖ means a person who is a quadriplegic or paraplegic.
          (2) ―Mental infirmity‖ means a person with an intelligence quotient or 70 or lower.
       D. whoever commits the crime…
              *FELONY


42.1 Forcible rape 16
§ 42.1 Forcible Rape
       A. Forcible rape is rape committed when the anal or vaginal sexual intercoursr is deemed
           to be without the lawful consent of the victim because it is committed under any one
           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
       B. Whoever commits the crime of forcible rape shall be imprisoned…
*FELONY

43 Simple rape 16
§ 43 Simple Rape
       A. Simple rape is a rape committed when the anal or vaginal sexual intercourse is
          deemed to be without the lawful consent of a victim who is not the spouse of the
          offender because is it committed under any one 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, other than the administration by the offender, and without the
              knowledge of the victim, of any narcotic or anesthetic agent or other controlled
              dangerous substance 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, of 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 a belief is intentionally induced by any artifice,
              pretense, or concealment practiced by the offender.
          B….For the purposes of this section, a person shall not be considered to be a spouse if
          a judgment of separation from bed and board has been rendered, or if the person and

                                               13
                  the offender are not legally separated but are living separate and apart and the
                  offender knows that a temporary restraining order, preliminary or permanent
                  injunction, or other order or decree has been issued prohibiting or restraining the
                  offender from sexually or physically abusing, intimidating, threatening violence
                  against, or in any way physically interfering with the person
                  C. Whoever commits the crime…
                              *FELONY


43.1 Sexual battery 17
§ 43.1 Sexual Battery
       A. Sexual battery is the intentional engaging in any of the following acts with another
          person, who is not the spouse of the offender, where the offender acts without consent
          of the victim, or where the other person has not yet retained fifteen years or age and is
          at least three 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 or the anus or genitals of the offender by the victim using any
               instrumentality or any part of the body of the offender.
       B. Lack of knowledge of the victim’s age shall not be a defense. However, where the
          victim is under 17, normal medical treatment or normal sanitary care of an infant
          shall not be construed as an offense under the provisions.
       C. Whoever commits this crime…
               *FELONY


43.2 Aggravated sexual battery 17
§ 43.2 Aggravated Sexual Battery
       A. Aggravated sexual battery is the intentional engaging in any of the following acts
          with another person when the offender intentionally inflicts serious bodily injury to
          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 or the anus or genitals of the offender by the victim using
              any instrumentality or any part of the body of the offender.
       B. For the purposes of this section, serious bodily injury means bodily injury which
          involves unconsciousness, extreme physical pain or protracted and obvious
          disfigurement, or protract loss or impairment of the function of a bodily member,
          organ, or mental faculty, or a substantial risk of death.
       C. Whoever commits this crime…
*FELONY



43.3 Oral sexual battery 18

43.4 Aggravated oral sexual battery 18
43.5 Intentional exposure to AIDS virus 19



                                                       14
SUBPART D KIDNAPPING AND FALSE IMPRISONMENT

44 Aggravated kidnapping 19
§ 44 Aggravated Kidnapping
           Aggravated kidnapping is 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 or
       prospective value, or to grant any advantage or immunity, in order to secure the 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.
       Whoever commits…
               *FELONY

44.1 Second degree kidnapping 20
§ 44.1 Second degree kidnapping
       A. Second degree kidnapping is the doing of any of the acts listed in Subsection B
           wherein the victim is:
           (1) used as a hostage or shield;
           (2) used to facilitate the commission of a felony or the flight after an attempt to
               commit or the commission or a felony;
           (3) physically injured or sexually abused;
           (4) imprisoned or kidnapped for 72 or more hours, except as provided by RS 14:45
               (A) (4) or (5); or
           (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.
       B. for the purposes of this section, Kidnapping is:
           (1) the forcible seizing and carrying or 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
           Whoever commits…
               *FELONY

45 Simple kidnapping 20
§ 45 Simple Kidnapping
       A. Simple kidnapping is:
          (1) 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 fourteen years, without the consent of
              his parent or the person charged with its custody.
          (3) The intentional taking, enticing or decoying away, without the consent of the
              proper authority, or any person who has been lawfully committed to an 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 or 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


                                               15
                   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 the intention to defeat the jurisdiction of
                   said court over the custody of the child
            B. Whoever commits…
                   *FELONY

45.1 Interference with the custody of a child 21

46 False imprisonment 21
§ 46 False imprisonment
              False imprisonment is the intentional confinement or detention of another,
       without his consent and without proper legal authority.
              Whoever commits…
                      *MISDEMEANOR


46.1 False imprisonment; offender armed with dangerous weapon 21


SUBPART E DEFAMATION
47 Defamation 21
48 Presumption of malice 21
49 Qualified privilege 21
50 Absolute privilege 21

50.1 Perpetration or attempted perpetration of crimes against a victim sixty-five years of
age or older 21




                                                                   16
PART III OFFENSES AGAINST PROPERTY

SUBPART A BY VIOLENCE TO BUILDINGS AND OTHER PROPERTY

1. ARSON AND USE OF EXPLOSIVES

51 Aggravated arson 22
52 Simple arson 22
52.1 Simple arson of a religious building 22
53 Arson with intent to defraud 22
54 Placing combustible materials 22
54.1 Communicating of false information of planned arson 22
54.2 Manufacture and possession of delayed action incendiary devices; penalty 23
54.3 Manufacture and possession of a bomb 23
§ 54.3.1 [Blank]
54.4 Forfeitures 23
54.5 Fake explosive device 23


2. CRIMINAL DAMAGE TO PROPERTY
54.6 Communicating of false information of planned bombing on school property, at a school sponsored function, or in a firearm-free zone 23

55 Aggravated criminal damage to property 23
56 Simple criminal damage to property 23
56.1 Criminal damage to coin-operated devices 23
56.2 Criminal damage of a pipeline facility 23

57 Damage to property with intent to defraud 24
58 Contaminating water supplies 24
59 Criminal mischief 24

3. BURGLARY

60 Aggravated burglary 24
§ 61 Repealed by Acts 1948, No. 285, § 2

62 Simple burglary 24
62.1 Simple burglary of a pharmacy 24
62.2 Simple burglary of an inhabited dwelling 24
62.3 Unauthorized entry of an inhabited dwelling 25
62.4 Unauthorized entry of a place of business 25
62.5 Looting 25
62.6 Simple burglary of a religious building 25


4. CRIMINAL TRESPASS
63 Criminal trespass 25
63.1 Illegal posting 25
63.2 Destruction, defacing or removal of posted signs 25
63.3 Entry on or remaining in places or on land after being forbidden 25
63.4 Aiding and abetting others to enter or remain on premises where forbidden 25
63.5 Unauthorized access to railroad property 25
63.6 Unauthorized entry upon railroad property 25
63.7 Criminal trespass; crawfish ponds; penalty 25
63.8 Criminal trespass; catfish ponds; penalty 26
63.9 Criminal trespass; agricultural row crop land; penalty 26
63.10 Vehicular trespass 26
§ 63.11 Repealed by Acts 1981, No. 78, § 3, eff. Jan. 1, 1982



                                                                               17
63.12 Criminal trespass upon marshlands 26




SUBPART B BY MISAPPROPRIATION WITH VIOLENCE TO THE PERSON

64 Armed robbery 26
64.1 First degree robbery 26
64.2 Carjacking 26
64.3 Armed robbery; use of firearm; additional penalty 27


65 Simple robbery 27
65.1 Purse snatching 27

66 Extortion 27

SUBPART C BY MISAPPROPRIATION WITHOUT VIOLENCE

67 Theft 27
67.1 Theft of livestock 28
67.2 Theft of animals 28
67.3 Unauthorized use of "access card" as theft; definitions 28
67.4 Theft of domesticated fish from fish farm, penalty 28
67.5 Theft of crawfish; penalty 28
67.6 Theft of utility service; inference of commission of theft; penalties 28
67.7 Theft of petroleum products; penalties 28
67.8 Theft of oilfield geological survey, seismograph, and production maps; penalties 29
67.9 Theft of oil and gas equipment; penalties 29
67.10 Theft of goods 29
67.11 Credit card fraud by persons authorized to provide goods and services 29
67.12 Theft of timber; information and investigations 29
67.13 Theft of an alligator 29
67.14 Fraudulent acquisition of a rental motor vehicle 29
67.15 Theft of a firearm 29
67.16 Identity theft 29

68 Unauthorized use of a movable 29
68.1 Unauthorized removal of shopping cart, basket, or dairy case 29

68.2 Unauthorized use of food stamp coupons, food stamp authorization cards, or food stamp access devices 30
68.3 Unauthorized removal of a motor vehicle; penalties 30
68.4 Unauthorized use of a motor vehicle 30
68.5 Unauthorized removal of property from governor's mansion and the state capitol complex 30
68.6 Unauthorized ordering of goods or services 30

69 Illegal possession of stolen things 30

70 False accounting 30
70.1 Medicaid fraud 30
70.2 Refund or access device application fraud 30
70.3 Fraud in selling agricultural equipment 30
70.4 Access device fraud 30
70.5 Fraudulent remuneration 31

71 Issuing worthless checks 31
71.1 Bank fraud 31
71.2 Failure to pay bridge or bridge-causeway toll 31




                                                                                18
72 Forgery 31
72.1 Use of forged academic records 31
72.2 Monetary instrument abuse 31
73 Commercial bribery 32


SUBPART D COMPUTER RELATED CRIME
73.1 Definitions 32
73.2 Offenses against intellectual property 32
73.3 Offenses against computer equipment or supplies 32
73.4 Offenses against computer users 32
73.5 Computer fraud 32
73.6 Offenses against electronic mail service provider 32




                                                            19
PART IV OFFENSES AFFECTING THE FAMILY

SUBPART A CRIMINAL NEGLECT OF FAMILY
74 Criminal neglect of family 32
74.1 Right of action 32
§ 75 Repealed by Acts 1993, No. 442, § 4, eff. June 9, 1993
§§ 75.1, 75.2 Repealed by Acts 1993, No. 442, § 4, eff. June 9,
1993
§§ 75.1, 75.2 Repealed by Acts 1993, No. 442, § 4, eff. June 9,
1993


SUBPART B SEX OFFENSES AFFECTING THE FAMILY

76 Bigamy 33
77 Abetting in bigamy 33
78 Incest 33
78.1 Aggravated incest 33

SUBPART C DOMESTIC VIOLENCE OFFENSES
79 Violation of protective orders 33

SUBPART D CRIMINAL ABANDONMENT
§§ 79.1, 79.2 Repealed by Acts 1975, No. 638, § 3
79.1 Criminal abandonment 33
§§ 79.1, 79.2 Repealed by Acts 1975, No. 638, § 3




                                                                  20
PART V OFFENSES AFFECTING THE PUBLIC MORALS

SUBPART A OFFENSES AFFECTING SEXUAL IMMORALITY

1. SEXUAL OFFENSES AFFECTING MINORS

80 Carnal knowledge of a juvenile 33
81 Indecent behavior with juveniles 34
81.1 Pornography involving juveniles 34
81.2 Molestation of a juvenile 34


2. OFFENSES CONCERNING PROSTITUTION
82 Prostitution; definition; penalties; enhancement 34
82.1 Prostitution; persons under seventeen; additional offenses 34
83 Soliciting for prostitutes 34
83.1 Inciting prostitution 34
83.2 Promoting prostitution 34
83.3 Prostitution by massage 34
83.4 Massage; sexual conduct prohibited 34
84 Pandering 34
85 Letting premises for prostitution 35
85.1 Letting premises for obscenity 35
86 Enticing persons into prostitution 35

3. ABORTION

87 Abortion 35
87.1 Killing a child during delivery 35
87.2 Human experimentation 35
§ 87.3 [Blank]
87.4 Abortion advertising 35
87.5 Intentional failure to sustain life and health of aborted viable infant 35

88 Distribution of abortifacients 35
4. CRIME AGAINST NATURE

89 Crime against nature 35
89.1 Aggravated crime against nature 36

SUBPART B OFFENSES AFFECTING GENERAL MORALITY

1. GAMBLING
90 Gambling 36
90.1 Seizure and disposition of evidence; gambling 36
90.2 Gambling in public 36
90.3 Gambling by computer 36
90.4 Unlawful playing of video draw poker devices by persons under the age of twenty-one; penalty 36
§§ 90.5 to 90.16 [Blank]

2. OFFENSES AFFECTING THE HEALTH AND MORALS OF MINORS
91 Unlawful sales of weapons to minors 36
§§ 91.1 to 91.5 Repealed by Acts 1995, No. 639, § 3; Acts
1996, 1st Ex.Sess., No. 78, § 3.
91.6 Unlawful distribution of sample tobacco products to persons under age eighteen; penalty 36
91.7 Unauthorized possession or consumption of alcoholic beverages on public school property 36
91.8 Unlawful sale, purchase, or possession of tobacco; signs required; penalties 36
§§ 91.9, 91.10 [Blank]

                                                                                  21
§§ 91.9, 91.10 [Blank]
91.11 Sale, exhibition, or distribution of material harmful to minors 36
91.12 Sale, distribution or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled dangerous substances 36
91.13 Illegal use of controlled dangerous substances in the presence of persons under seventeen years of age 36
§§ 91.14 to 91.20 [Blank]
91.21 Sale of poisonous reptiles to minors; penalty 36
§ 91.22 Repealed by Acts 1974, No. 276, § 1
92 Contributing to the delinquency of juveniles 36
92.1 Encouraging or contributing to child delinquency, dependency, or neglect; penalty; suspension of sentence; definitions 36
92.2 Improper supervision of a minor by parent or legal custodian; penalty 36
92.3 Retaliation by a minor against a parent, legal custodian, witness, or complainant 36
93 Cruelty to juveniles 36
93.1 Model glue; use of; abuse of toxic vapors; unlawful sales to minors; penalties 36
93.2 Tattooing and body piercing of minors; prohibition
93.2.1 Child desertion
93.2.2 Unlawful placement of gold fillings, caps, and crowns; minors
93.2.3 Second degree cruelty to juveniles


3. OFFENSES AFFECTING THE HEALTH AND SAFETY OF THE INFIRM
93.3 Cruelty to the infirmed
93.4 Exploitation of the infirmed
93.5 Sexual battery of the infirm

4. UNLAWFUL SALE, PURCHASE, AND POSSESSION OF ALCOHOLIC
   BEVERAGES
93.10 Definitions
93.11 Unlawful sales to persons under twenty-one
93.12 Purchase and public possession of alcoholic beverages; exceptions; penalties
93.13 Unlawful purchase of alcoholic beverages by persons on behalf of persons under twenty-one
93.14 Responsibilities of retail dealers not relieved
§§ 93.15 to 93.19 Reserved by Acts 1997, No. 728, § 1
§ 93.20 Repealed by Acts 1998, No. 71, § 2, eff. June 25,
1998




                                                                                  22
PART VI OFFENSES AFFECTING THE PUBLIC GENERALLY

SUBPART A OFFENSES AFFECTING THE PUBLIC SAFETY

1. ILLEGAL CARRYING AND DISCHARGE OF WEAPONS
94 Illegal use of weapons or dangerous instrumentalities 38

95 Illegal carrying of weapons 38
95.1 Possession of firearm or carrying concealed weapon by a person convicted of certain felonies 38
95.2 Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school sponsored functions or firearm-free zone 38
95.3 Unlawful use of body armor 38
95.4 Consent to search; alcoholic beverage outlet 38
95.5 Possession of firearm on premises of alcoholic beverage outlet 38
95.6 Firearm-free zone; notice; signs; crime; penalties 38
95.7 Possession of or dealing in firearms with obliterated number or mark 38
95.8 Illegal possession of a handgun by a juvenile 39


2. OBSTRUCTING HIGHWAYS OF COMMERCE
96 Aggravated obstruction of a highway of commerce 39
97 Simple obstruction of a highway of commerce 39

3. DRIVING OFFENSES
97.1 Solicitation on an interstate highway 39
98 Operating a vehicle while intoxicated 39
98.1 Underage driving under the influence 39
99 Reckless operation of a vehicle 39
100 Hit-and-run driving 39

4. OBSTRUCTING PUBLIC PASSAGES
100.1 Obstructing public passages 39
§ 100.2 [Blank]


SUBPART B OFFENSES AFFECTING THE PUBLIC SENSIBILITY
101 Desecration of graves 39
101.1 Purchase or sale of human organs 39
101.2 Unauthorized use of sperm, ovum, or embryo 39
102 Definitions; cruelty to animals 39
102.1 Cruelty to animals; simple and aggravated 40
102.2 Seizure and disposition of animals cruelly treated 40
102.3 Search warrant; animal cruelty offenses 40
102.4 Confined animals; necessary food and water 40
102.5 Dogfighting 40
102.6 Seizure and destruction or disposition of dogs and equipment used in dogfighting 40
102.7 Search warrant for dogfighting offenses 40
102.8 Injuring or killing of a police animal 40
102.9 Interference with animal research; research laboratory or farm 40
102.10 Bear wrestling; penalty 40
102.11 Illegal contact sports; penalty 40


SUBPART C OFFENSES AFFECTING THE GENERAL PEACE AND ORDER
103 Disturbing the peace 40
103.1 Emanation of excessive sound or noise; exceptions; penalties 40
103.2 Amplified devices in public places; quiet zones; penalties 41
104 Keeping a disorderly place 41
105 Letting a disorderly place 41
106 Obscenity 41
106.1 Promotion or wholesale promotion of obscene devices 41
107 Vagrancy 41

107.1 Ritualistic acts 41



                                                                                23
107.2 Hate crimes 42
107.3 Criminal blighting of property 42


SUBPART D OFFENSES AFFECTING LAW ENFORCEMENT
108 Resisting an officer 42

108.1 Flight from an officer; aggravated flight from an officer 42
§§ 109, 109.1 Repealed by Acts 1972, No. 740, § 3
§§ 109, 109.1 Repealed by Acts 1972, No. 740, § 3


110 Simple escape; aggravated escape 43
110.1 Jumping bail 43
§ 110.2 Repealed by Acts 1972, No. 740, § 3
111 Assisting escape 43
112 False personation 43
112.1 False personation of a peace officer 43




            Notes from Review Session

Approached by fellah with knife, asks for money, you give it to him, and as he departs, you take your derringer and
shoot him in the head. What are the criminal liabilities as to the shooter? 19(no homicide) and 20 – Self defense
resulting in a homicide – Retreat makes the shooting unjustifiable

§22. Use of force on behalf of 3rd party – intervene – must be reasonable, and force would have been available to
the party at risk.

Robbery > term of imprisonment – against person – are greater in magnitude, persons are more valuable and sacred
then property.

Penalties are motivated for other reasons – social appeasing, etc.

Issue of deterrence with death penalty – requires some pondering to have deterrent effect. Does have an deterrence
as to future crimes by the same perp.

War on drugs – decriminalize

Police shoots person on motor cycle, thought person had something in hand, - need reasonable belief to use force,
but not at fleeing felons.

Springtraps – Boobytraps – legal - Plumley rule – Analyze the event as if the owner or trap maker was present -
how far does the fiction go?

Purpose of the shooting – armed, intent, reason for entry,

Lacking specific intent needed for 1st degree, 2nd degree,
Foreseeability of events reasonably certain, aggravated battery – general intent,

Entrant to house gets smacked in the head by owner with fireplace poker

            Prima facie case of the defender’s act, then
                              Analyze the defenses available: match the facts with the statute, and the balance of the
                              force used and the threat reasonably perceived.
                                                             24
Problem # 2 –

Intoxication is operative as a defense if it is involuntary, in this case, it is voluntary – so it will almost certainly not
act as a defense to the proceedings crimes listed.

Conspiracy to commit theft – Hughie and Louie – talked about it and the act in furtherance of its completion confect
the conspiracy elements. Possibility of the element of time being too narrow to allow for planning and commission
to be separate elements to allow for multiple billing for these offenses. Assault with the beer bottle against the nun,
by Hughie, perhaps with a dangerous weapon, as the full bottle, as employed by Hughie, could be reasonably
determined to be a dangerous weapon as a 1 lb. projectile, certain to cause serious bodily harm if battery is
successful. (Depends if she was aware) Nun is drinking, operative as to intent, though involuntary. Issue of
forseeabilty as to the simple criminal damage to property, operative on intent element in the statue. Felony theft. >
$1,000.00. Objective value of the object. Nun’s death – Manslaughter in perp of felony theft, w/o intent to kill or
cause great bodily harm. In the alternative, the beer bottle, in the manner used, could be deduced to cause death or
gbh if thrown at the human cranium. This would qualify as a conduit felony for murder 2. The bartender’s death is
the result of the peril created by their crimes, so their crime may function as the conduit felony of theft, and
therefore, result in a finding for manslaughter.




7. 2nd degree and neg. hom for Tim

8. Murder of the depraved heart variety – negligent homicide.



Second half of the C-1 – Watch, Shoes, Burning of Shoes, by house, type of arson (simple) – respective conduit or
misdemeanor – (not at hard labor) fire= proximate result =conduit felony of manslaughter – simple is felony – Both
had affirmative duty to do something because of presence – arson is of a nature that it is intentional, but not directed
at a person, so you get to felony manslaughter.

Natural probable consequences imputation for liability for murder or manslaughter is when it is the likely result of
the action undertaken by the perpetrators simple versus aggriviated – heightened level of likelihood

Time element, place




Look at Pinkerton doctrine type of analysis – offense and inchoate counterpart – substantive criminal law – two
offenses, versus double jeopardy

Co conspirators guilty of differing offenses, depending on the commission of crimes arising out of the intended
conspiracy, as well as when the conspiracy and the choate offense itself, standing to convict on both when the act is
completed

Pinkerton – natural probable consequences – agreement, plan, and a subsequent happening, when perhaps the other
conspirator has indeed removed himself, or not considered - what is the result

    13. Hot blood manslaughter is responsive to both Murder 1 and 2, look to see if the inciter is guilty of a higher
        crime than the perp, because the perp has an exciting circumstances satisfying the elements of hot blooded
        manslaughter, circumstances that are not operative on the inciting principle, who may therefore be guilty
        of a greater offense, for such things as murder for hire, more than one person.


                                                             25
Specific Intent – when does it exist – practical matter – active desire to achieve the intended act – more concentrated
than general intent, (not purposeful), mind must have averted to the substantial likelihood that what occurred was the
natural probable consequences of actions. Known to result, but not intended to specifically cause criminal
consequences from act, though likely to occur.

         Gun through both – academic rendering would be specific intent as to the hiding person, and general intent
for the human shield.

Using kid as shield is not active desire to kill kid through logical analysis. Not trying to kill the kid.

Practically speaking, there is no general intent murder.

Homicide with general intent?

With difference in intended actions versus results, one act, one attempted action, so choose which action to
prosecute - negligent injuring charge, aggravated battery, general intent, attempted murder, or battery charge, end
up with one charge being brought.



Active desire does not mean pre-meditation, just directed action with specifically desired results.

Contrast versus fast action of assailant, involuntary action, but robbery is a difficult act to defend with regard to how
one reacts during the perpetration of the crime.

Third party calculations apply to toy weapons, jumping out of window, remedial actions, further removal the
legislative intent regarding to wacky situations.

Third party not aware that 1 and 2 parties are in a attempting to place at apprehension, while 2 really knows that the
gun is fake, what happens when third party intercedes.

Rape – of wife - no simple rape of wife, but can have aggravated and greater degrees

                   Slip roofy into drink = forceable circumstances

Getaway driver, can be a principal to the murder under that natural probable consequence theory – with general
intent – Felony murder doctrine – implies that certain actions carry with them a presumption of what the natural
probable consequences are, or will be considered – like an insurance format. Weak heart and dies, guilty, that is a
consequence + eggshell doctrine.

Form of the key, Attempted burglary issue, but not likely unauthorized entry.

General intent to commit rape, if necessary, attempted aggravated burglary issue,

Reasonably likely to have to use force, even if drunk. Look at Drunkenness. Got the comb = armed self, calculated,

Attempted aggravated rape – until consent. Steps of execution, impossibility of success will not vitiate a valid
attempt.

Carnal Knowledge of a juvenile, sexual battery,

Attempted aggravated burglary – intent to steal, get surprised by homeowner, attempted to arm self with poker,
scuffle ensues, attempted aggravated battery, intent to arm self makes for separate, inchoate, actual battery in
scuffle, inhabited dwelling need not have a person present.


Aggrivated burglary can be committed even if perpetrator thinks that person is not present, outside the control or
knowledge of the perpetrator, makes a simple offense aggravated.
                                                            26
How to apply the rule of lenity:

Person – person who is lawfully on premises – (assumption)




                                                      27

				
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