Definitions
That conduct which is defined as CRIMINAL
CRIME
that state of mind which exist when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act
Specific criminal intent
Aggressor starts fight
Aggressor gets a$$ beat
Aggressor cannot claim what?
Aggressor cannon claim self defense
LRS 14:21
Specific intent to kill or Inflict great bodily harm
engaged in the perpetration or attempted perpetration of a crime of violence
1st degree murder
Parties of a crime:
PRINCIPALS
ACCESSORIES AFTER THE FACT
Any conceivable thing of the slightest value
ANYTHING OF VALUE
all persons concerned in the commission of a crime, whether present or absent and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime
Principals LRS 14:24
intentional entry by a person without authorization into a dwelling, when the governor has declared a state of emergency or disaster
Unauthorized entry of a dwelling during an emergency or disaster
LRS 14:62.7
homicide that would be murder but committed in sudden passion or heat of blood
Manslaughter
Types of criminal intent:
SPECIFIC
GENERAL
Any crime for which an offender may be sentenced to death or imprisonment at HARD LABOR
FELONY
any person who, after the commission of a felony, shall harbor, conceal, or aid the offender, knowing or having reasonable ground to believe that he has committed the felony
Accessory after the fact LRS 14:25
No person shall enter any structure, watercraft, or moveable owned by another without express, legal, or implied authorization
Criminal Trespass
LRS 14:63
killing of a human being by criminal negligence
Negligent homicide
5 types of homicide in LA
1st degree murder
2nd degree murder
manslaughter
negligent homicide
vehicular homicide
Any crime NOT a felony. Usually a crime punishable by a fine or imprisonment in the parish jail
MISDEMEANOR
present whenever there is specific intent, and also when the circumstances indicate that the offender, in the ordinary course human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act
General criminal intent
intentional taking of a motor vehicle by the use of force or intimidation
vehicle must be in immediate control of owner or passenger
Carjacking
LRS 14:64.2
this type of murder has a specific intent to kill or inflict great bodily harm OR when a subject is engaged in the perpetration or attempted perpetration of a crime of violence, even though he has NO intent to kill or inflict great bodily harm
2nd degree of murder
means bodily injury which involves unconsciousness, extreme physical pain or protracted & obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death
SERIOUS BODILY INJURY
an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another
CRIME OF VIOLENCE
exists when neither specific nor general criminal intent is present
Criminal Negligence
Legally intoxicated, lol, while operating a motor vehicle, boat, plane, lawn mower
Operating a vehicle while intoxicated; DWI
LRS 14:98
killing of a human being caused by an offender in control of any means of conveyance
ex: vehicle, boat, atv, ect.
Vehicular homicide
Under the age of 10
INFANCY