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

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

  • 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.

  • 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.

  • 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.

  • Negligently

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
  • 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
  1. Theft offenses at Common Law: The Complexities of Possession
  • Modern Theft: Toward Simplification 6:11
  • Burglary and Robbery 6:17
  • Larceny – Trespassory taking (caption) & carrying away (asportation) of personal property belonging to another w/ intent to steal
  • Larceny by trick – when defendant obtained another’s property by use of a lie or fraudulent scheme (later - false pretense)
  • Embezzlement – Defendant already had legal possession of another’s property and wrongfully converted it. Distinguish from larceny
  • 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

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

26 Criminal conspiracy 6
27 Attempt7
28 Inciting a felony8
28.1 Solicitation for murder8

PART II OFFENSES AGAINST THE PERSON

SUBPART A HOMICIDE

29 Homicide8

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

  1. 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)…

  1. For the purposes of paragraph (2) of this section, the term peace officer means…
  2. 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

  1. 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. 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 Manslaughter10

  1. 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

  1. 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

  1. Negligent homicide is the killing of a human being by criminal negligence
  2. The violation of a statute or ordinance shall be considered only as presumptive evidence or such negligence.
  3. 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 Homicide10

  1. 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 suicide11

SUBPART B ASSAULT AND BATTERY (WITH RELATED OFFENSES)

33 Battery defined12

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 fivethousand dollars,…

*FELONY

34.1 Second Degree Battery12
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 Battery13

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 defined13
Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.

37 Aggravated Assault13
Aggravated assault is an assault committed with a dangerous weapon

  1. Whoever commits an aggravated assault shall be…
  2. 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 shooting13

  1. Assault by drive by shooting is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.
  2. Whoever commits ..
  3. “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

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 assault14

Simple assault is an assault committed without a dangerous weapon.

Whoever commits…

*MISDEMEANOR

38.1 Mingling harmful substances14

Mingling harmful substances is the intentional mingling of any harmful