Under the Jail
An offender makes an unauthorized entry into an inhabited and occupied home intending to steal electronics, but after entering, he commits a battery by punching the homeowner in the face before fleeing.
What is Aggravated Burglary?
Rank the crimes of Battery from Highest offense to Lowest offense. (Bonus if you can recite the differences)
1. Aggravated 2nd Degree Battery- A battery with a dangerous weapon and the offender intentionally inflicts serious bodily injury.
2. 2nd Degree Battery- A battery where the offender intentionally inflicts "serious bodily injury".
3. Aggravated Battery- A battery committed with a dangerous weapon.
4. Simple Battery- The intentional use of force or violence upon another without a weapon.
The intentional taking of a motor vehicle belonging to another in their presence by the use of force or intimidation is defined under La. R.S. 14:64.2
What is Carjacking?
For a killing to constitute First Degree Murder, the law requires that the offender have the specific intent to kill or inflict great bodily harm while engaged in one of these statutory conditions, such as armed robbery or cruelty to juveniles.
What is an aggravating factor (or aggravating circumstance)?
Because the crime of Simple Battery requires only the intentional use of force or violence upon another without their consent, it is classified as requiring this type of intent.
What is General Intent?
A husband uncovers his wife committing adultery and instantly shoots the adulterer in a sudden passion and heat of blood, immediately caused by the provocation, before having any time for his blood to cool.
What is Manslaughter?
Rank the crimes of Arson from Highest offense to Lowest offense.
1. Aggravated Arson
2. Simple Arson
3. Negligent Arson
The killing of a human being by criminal negligence is penalized under La. R.S. 14:32
What is Negligent Homicide?
Under the law for Armed Robbery, the state must prove the taking of anything of value by use of force or intimidation while the offender is armed with one of these.
What is a dangerous weapon?
The crime of Theft requires this type of intent, because the prosecution must prove the offender actively desired to permanently deprive the owner of the misappropriated property.
What is Specific Intent?
A perpetrator takes money from a cashier using intimidation and keeps his hand concealed inside a towel to intentionally lead the victim to reasonably believe he is armed with a dangerous weapon, even though he is completely unarmed.
What is First Degree Robbery?
Rank the Kidnapping crimes from Highest offense to Lowest offense.
1. Aggravated Kidnapping
2. 2nd Degree Kidnapping
3. Simple Kidnapping
The intentional and forcible seizing and carrying of any person from one place to another without his consent is codified in La. R.S. 14:45.
What is Simple Kidnapping?
To secure a conviction for Vehicular Homicide, the law requires the state to prove that the operator’s intoxication was this specific type of factor to the fatal accident.
What is a "contributing factor"?
Despite being a highly dangerous crime involving the taking of property by force or intimidation while armed with a dangerous weapon, Armed Robbery requires only this type of intent, which is shown by the very doing of the acts.
What is General Intent?
An offender forcibly seizes a victim, carries them to an abandoned house, and demands that the victim grant him sexual gratification in order to secure their safe release.
What is Aggravated Kidnapping?
Rank the crimes of Robbery from Highest offense to Lowest offense.
1. Armed Robbery
2. 1st Degree Robbery
3. 2nd Degree Robbery
4. Carjacking
5. Simple Robbery
The intentional use of force or violence upon the person of another without their consent is defined under La. R.S. 14:35.
What is Simple Battery?
The law for Accessory After the Fact requires that a person harbor, conceal, or aid an offender, knowing they committed a felony, and with this specific intent in mind.
What is the intent that the offender avoid or escape from arrest, trial, conviction, or punishment?
Unlike other forms of battery, Second Degree Battery requires this type of intent because the prosecution must prove that the offender actively desired to inflict "serious bodily injury".
What is Specific Intent?
An offender who is actively engaged in the perpetration of an aggravated burglary has the specific intent to kill and fatally shoots a responding police officer engaged in the performance of his lawful duties.
What is First Degree Murder?
Rank the Homicides from Highest offense to Lowest offense. (Bonus if you name the difference)
1. 1st Degree Murder- Deliberate and requires the specific intent to kill or inflict great bodily harm, accompanied by at least one statutory aggravating factor
2. Second Degree Murder- Includes homicides where there is a specific intent to kill without the aggravating factors of first degree murder, or "felony murder" where death occurs during the perpetration of enumerated violent felonies even if there is no intent to kill
3. Manslaughter- A homicide that would otherwise be murder, but is reduced because it is committed in "sudden passion" or "heat of blood"
4. Vehicular Homicide- The killing of a human being caused proximately or directly by an offender operating a motor vehicle while under a prohibited degree of intoxication
5. Negligent Homicide- Involves no specific or general intent, but occurs when an offender's criminal negligence—a gross deviation below the standard of care—causes death.
The agreement or combination of two or more persons for the specific purpose of committing any crime, provided at least one party does an act in furtherance of the agreement, falls under La. R.S. 14:26.
What is Criminal Conspiracy?
The law defines Aggravated Burglary as the unauthorized entering of an inhabited dwelling where a person is present, with the intent to commit either of these two things once inside.
What is a felony or any theft?
Because the statute requires an unauthorized entry into an inhabited dwelling accompanied by the intent to produce or accomplish a prescribed consequence—such as using force, violence, or vandalizing property—Home Invasion requires this level of intent
What is Specific Intent?