Term
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Definition
| the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act; only required when the statute specifically includes it as an element of the crime!!! |
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Term
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Definition
| the offender must have averted to the prescribed criminal consequences as reasonably certain to result from his action or failure to act |
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Term
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Definition
| if because of mental disease or defect the offender is incapable of distinguishing between right and wrong in regard to the conduct in question, then he is exempt from criminal liability |
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Term
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Definition
| if the offender understands that his conduct is condemned by society then he is not insane, regardless of his belief that his conduct is morally right |
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Term
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Definition
| can introduce evidence that on the occasion in question, the offender did not have the specific intent required to be convicted of the particular crime he is charged with |
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Term
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Definition
| a reasonable ignorance or mistake of fact which negates the presence of a mental element required in a crime is a defense; offender must have actually made a mistake in fact and the mistake must have been objectively reasonable |
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Term
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Definition
| mistake in the meaning of a law may vitiate intent when the offender relies on legislative repeal of a criminal law that winds up being ineffective or on the final judgment of a court of last resort that the criminal law is unconstitutional |
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Term
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Definition
| (1) the offender must believe he is in imminent danger of death or great bodily harm and killing is necessary to save himself; (2) to prevent a violent or forcible felony involving danger to life or great bodily harm and intervention creates a serious danger to the actor’s life; (3) against a person who one believes is likely to use force against a person within a dwelling or place of business while committing burglary or robbery; (4) by a person lawfully inside a dwelling, place of business, or motor vehicle against a person who has or is attempting to make unlawful entry and the person reasonably believes deadly force is necessary to prevent entry or compel the intruder to leave |
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Term
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Definition
| any person who directly commits the act constituting the offense or who aids and abets or directly counsels or procures another to commit the offense; acts of one principal are imputed to other principals as long as each principal had the required criminal intent to commit or aid; presence at scene irrelevant |
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Term
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Definition
| a person who, after another has committed a felony, harbors, conceals, or aids the felon, knowing or having reasonable ground to believe that the person committed the felony; must prove specific intent to assist felon avoid arrest, escape; give aid personally (not reporting crime not enough); and person aided did commit felony |
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Term
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Definition
| an agreement between two or more persons for the specific purpose of committing a crime where each party has both the intent to agree and achieve the criminal objectives and a party to the conspiracy commits an act in furtherance of the conspiracy. Very little is required for overt act! |
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Term
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Definition
offender has specific intent to commit a particular crime, and the offender commits an act for the purpose and tending directly toward the accomplishment of the objective, whether or not would have actually accomplished objective.
o “mere preparation” (making plans, recruiting accomplices, acquiring weapons) is insufficient unless the offender is lying in wait with a dangerous weapon w/intent to commit crime, searching for the intended victim with a dangerous weapon w/intent to commit crime, or placing a combustible/explosive substance in or near a structure w/ specific intent to set fire or damage (for attempted arson). |
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Term
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Definition
| the killing of a human being by the act, procurement, or culpable omission of another. Unborn child not included in “human being.” |
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Term
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Definition
| 1st degree, 2nd degree, manslaughter, negligent homicide, vehicular homicide |
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Term
| • if homicide is the result of a specific intent to kill or inflict great bodily harm… |
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Definition
o 1st degree murder specific intent plus… (capital or life)
the offender is engaged in aggravated or 2nd degree kidnapping, aggravated escape, aggravated arson, aggravated or forcible rape, aggravated burglary, any degree of robbery, assault by drive by shooting, cruelty to juveniles or terrorism.
the victim is a fireman, peace officer, state police/forensic crime lab engaged in his duties
tried to kill 2+ persons
the offender was hired/offered to hire for the killing
the victim was younger than 12 or 65 or older
the offender is engaged in a drug deal (distribution, sale, exchange, purchase of CDS)
the offender is engaged in ritualistic torture
the offender was ordered not to contact the victim in response to threats of physical violence or harm
the victim was a witness to a crime or the witness’ immediate family member.
o 2nd degree murder
specific intent to kill or cause great bodily harm (L)
o manslaughter
would be 1st or 2nd degree murder but the killing was committed in the sudden passion or heat of blood by provocation sufficient to deprive an average person of his self-control and cool reflection. |
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Term
| • if homicide is not the result of a specific intent to kill… |
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Definition
o 2nd degree murder the killing of a human being… (L)
when the offender is engaged in aggravated or forcible rape, aggravated arson, aggravated burglary, aggravated or 2nd degree kidnapping, aggravated escape, assault by drive-by-shooting, any degree of robbery, or cruelty to juveniles.
as a result of the ingestion of drugs that were distributed to the victim by the offender (or 1 person removed from the offender).
o felony murder strict causal element where D actually committed an act that caused death, an act attributable to him as principal/conspiracy, or placed victim in serious danger (as a shield, initiating gun fire).
o manslaughter the killing of a human being… (F)
(death
intended) that would be 2nd degree murder but the killing was committed in the sudden passion or heat of blood by provocation sufficient to deprive an average person of his self-control and cool reflection (NOTE: D has burden of proving elements of sudden passion, provocation, etc.), OR
(death not intended) without any intent to cause death or great bodily harm while engaged in any felony not enumerated for 2nd degree murder, an intentional misdemeanor against the person, or resisting lawful arrest. |
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Term
| • if homicide is a result of criminal negligence… |
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Definition
o negligent homicide (RF) killing of a human being by criminal negligence (gross deviation from std of care that RP would exercise under like circumstances), or killing by dog/other animal where owner reckless/criminally neg.
o vehicular homicide (RF) killing of a human being that is caused by the offender’s engagement in operation of a motor vehicle or other means of conveyance and the offender is under the influence of drugs or alcohol, whether or not offender had the intent to cause death or great bodily harm. NOTE: applies only where driver drunk, high, if not, use negligent homicide statute |
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Term
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Definition
the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother.
o 1st degree 2nd degree murder of the mother
o 2nd degree same elements as manslaughter
o 3rd degree same as negligent homicide and vehicular homicide |
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Term
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Definition
| the intentional use of force or violence upon the person of another or the administration of a poison or other noxious substance to another without consent. (Battery can occur if victim injured by falling into trap set by D, when chased.) NOTE: if actor has right to touch/strike victim, not a battery; consent must not be obtained by vices; battery=general intent |
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Term
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Definition
| battery committed w/o the consent of the victim (spitting). |
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Term
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Definition
| (RF) battery committed with a dangerous weapon (don’t have to prove lack of consent). |
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Term
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Definition
| (RF) battery committed without consent of the victim and the offender inflicts serious bodily injury (have to have specific intent to cause SBI according to jurisprudence). |
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Term
| o aggravated 2nd degree battery |
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Definition
| (RF) a battery committed without the consent of the victim with a dangerous weapon and the offender inflicts serious bodily injury. |
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Term
| o battery of a PO, teacher, child welfare worker, school athletic official |
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Definition
| battery includes throwing bodily fluids while incarcerated or detained in jail/prison, without consent, w/reas grounds to believe victim performing duties. |
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Term
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Definition
| battery committed against another member of the household w/o consent and the victim is of the opposite sex and was living in the same residence within 5 years of the offense, regardless of marital status. |
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Term
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Definition
| inflicting injury on the person of another by criminal negligence. |
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Term
| o vehicular negligent injuring |
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Definition
| (M*) inflicting injury upon the person of another caused by operating a motor vehicle or other means of conveyance under the influence of alcohol or drugs |
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Term
| o 1st degree vehicular negligent injuring |
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Definition
| (RF) inflicting injury upon person of another caused by operating a motor vehicle or other means of conveyance under influence of alcohol or drugs that causes serious bodily injury. |
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Term
| • assault – general definition |
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Definition
| an attempted battery or placing the victim in reasonable apprehension of an impending battery. |
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Term
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Definition
| an assault (attempted battery or placing the victim in reasonable apprehension of an impending battery) committed without a dangerous weapon. |
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Term
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Definition
| an assault committed with a dangerous weapon |
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Term
| o aggravated assault w/a firearm |
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Definition
| assault committed by discharge of a firearm. |
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Term
| o assault by drive-by shooting |
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Definition
| an assault committed w/firearm when offender uses vehicle to facilitate assault; drive-by shooting means discharge of firearm from vehicle on public street to kill, harm, frighten another person |
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Term
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Definition
| intentional communication of information 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 intent to cause members of the public to be in fear for their safety (a/k/a “bomb scare” statute). |
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Term
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Definition
| offender has intent to intimidate civilian population, influence policy/affect conduct of unit of govt by commission of intentional killing, intentional infliction of SBI, kidnapping, aggravated arson, intentional aggravated crim damage to property; aiding others is providing material support; hindering pros is harboring, warning, suppressing evidence. |
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Term
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Definition
| intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarm or emotional distress (does not apply to PIs); harassing means repeated pattern over verbal communication or non-verbal behavior w/o invitation including phone calls, emails, etc. |
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Term
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Definition
| use of email to extort, threaten or harass another; cyberbullying—electronic visual, written or oral communication w/malicious and willful intent to coerce, torment, intimidate person under 18. |
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Term
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Definition
| (lacks capacity) victim lacked capacity because of intoxication or unsoundness of mind known by the offender or the victim consented under the belief that the person committing the act was her husband because of the conduct of the offender. |
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Term
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Definition
| (believes resistance is futile) victim does not resist because of threats of physical violence under circumstances where the victim reasonably believes that resistance would not prevent the rape or because the victim was drugged by the offender without her knowledge. |
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Term
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Definition
(fears for her life) a rape committed under one of the following circumstances…
the victim resists to the utmost and the resistance is overcome by force
the victim is prevented from resisting by threats of great and immediate bodily harm coupled with the offender’s apparent power of execution, or the offender is armed with a dangerous weapon, or because of mental or physical infirmity;
the victim is under 13 or over 65
there was more than one offender that participated (commit or physically assist) |
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Term
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Definition
| intentionally touching the victim’s genitals/anus or making the victim touch the offender’s genitals/anus when the victim did not consent or the victim is younger than 15 and the offender is 3+ years older than the victim. |
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Term
| o 2nd degree sexual battery |
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Definition
| committing a sexual battery where the offender intentionally inflicts serious bodily injury on the victim. |
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Term
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Definition
| victim is under 15 and the offender is at least 3 years older than the victim, and the offender either puts his mouth on the genitals/anus of the victim or makes the victim put her mouth on his genitals/anus. |
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Term
| o intentional exposure to AIDS virus |
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Definition
| intentionally exposing another to the HIV virus through sexual contact without the knowing and lawful consent of the victim. |
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Term
| o felony carnal knowledge of a juvenile |
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Definition
person over the age of 17 has consensual sexual intercourse with a person over 13 but under 17 who is not his spouse and the difference in age between them is 4 years or greater.
subsequent offenders what would be misdemeanor carnal knowledge is felony if it is a second offense or a first offense after being required to register as a sex offender. |
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Term
| o misdemeanor carnal knowledge of a juvenile |
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Definition
same as felony carnal knowledge but the age differential is between 2-3 years.
o lack of knowledge of victim’s age is NOT a defense. |
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Term
| • miscellaneous sex crimes |
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Definition
o computer aided solicitation for sexual purposes person over 17 solicits sex or a crime of violence using electronic text from any person reasonably believed to be younger than 17 if there is a 2 year age differential.
o indecent behavior with juveniles seeking arousal through lewd acts or electronic communication when the child is under 17 and the offender is at least 2 years older.
o sexual conduct between educator and student educator has sex, commits lewd act on student/in presence of another w/person between 17 and 21, where age diff greater than 4 years; consent, ignorance of age no defense. |
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Term
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Definition
| intentional and forcible seizing and carrying of any person from one place to another without his consent. |
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Term
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Definition
| forcible seizing and carrying of a person from one place to another, persuading a person to go from one place to another, or forcibly secreting any person to force someone to give up something of value in order to secure the victim’s release. |
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Term
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Definition
| forcible seizing and carrying of a person from one place to another, persuading a person to go from one place to another, or forcibly secreting any person and the victim is used as a hostage or shield, used to facilitate the commission of a felony or the flight afterwards, physically injured or sexually abused, imprisoned for more than 72 hours, or imprisoned when the offender has or suggests he has a dangerous weapon. |
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Term
| • aggravated kidnapping of a child |
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Definition
| unauthorized taking, enticing, or decoying for an unlawful purpose a child under 12 w/ intent to secret him from the parent or guardian; offender is not the parent, grandparent, or legal guardian. |
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Term
| • interference with the custody of a child |
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Definition
| intentional taking, enticing, or decoying away of a minor child by a parent who does not have a right of custody with intent to detain or conceal the child from the parent having custody. |
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Term
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Definition
| recruiting, transporting, or providing a person to provide labor through force, fraud, or coercion. |
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Term
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Definition
| intentional confinement or detention of another without consent and without proper legal authority; elevated degree if the imprisonment is with a dangerous weapon. |
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Term
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Definition
misappropriation of anything of value (given broadest possible construction),
o that belongs to another (refers to title or possession, so bailee, mortgagee, holder of title can be guilty of theft)
o without consent or by means of fraud (does not require taking from possession; taking title by fraud still theft)
o with intent to permanently deprive the victim of the thing taken (requires mens rea to permanently deprive that can be inferred by altering price, transferring to another package, damage or concealing goods).
NOTE: for all “theft” offenses, a statutory presumption arises that person in unexplained possession of recently stolen property is the thief. Presumption not valid for burglary, illegal poss of stolen things. |
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Term
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Definition
| accessing or causing to be accessed any computer system or network with intent to defraud or obtain money, property, or services by means of false or fraudulent conduct, practices, or representations. |
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Term
| • unauthorized use of access card |
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Definition
| requires intent to defraud; may be committed directly or indirectly by agent; access card means SSN, driver’s license, birth date, mother’s maiden name, any other means of account access that can be used to obtain anything of value by use of credit/deferred payment plan or debiting account. |
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Term
| • unauthorized use of movables |
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Definition
| intentional taking or use of a movable which belongs to another without consent or by means of fraud without intent to permanently depriving the victim. |
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Term
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Definition
| forging w/ intent to defraud any signature or any part of a writing purporting to have legal efficacy or issuing, transferring or possessing a forged writing with intent to defraud. Once writing has been made false, offense is complete and it need not be transferred or cause injury. NOTE: fraudulently inducing another to sign a promissory note is not forgery. While there is fraud in the inducement, note is not a false writing, so this would fall in theft statute prescribing false pretenses. Also, an unauthorized signature made in bona fide belief of authority won’t meet intent to defraud requirement. |
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Term
| • issuing worthless checks |
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Definition
| obtaining something of value by issuing a checking knowing that there are insufficient funds on deposit with intent to defraud. Failure to make good on check w/in 10 days of NSF creates presumption of intent to defraud. |
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Term
| • illegal possession of stolen things |
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Definition
intentionally possessing, procuring, receiving, or concealing of anything of value which has been the subject of robbery or theft under circumstances that indicate that the offender knows or had good reason to know that the thing was the subject of one of those offenses; if intends to restore property to owner, not IPST.
o defense if the possessor notifies the district attorney in writing in parish of his domicile w/in 72 hours of acquisition. |
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Term
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Definition
| taking anything of value belonging to another from their person or in their immediate control by the use of force or intimidation, but not armed with a dangerous weapon. NOTE: No mens rea to permanently deprive is specifed; intention to take may be sufficient; property need only belong to another; the taking must be from the person or in the presence of another (presence means such close proximity and control that victim would have stopped robbery if not subjected to violence or threats). |
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Term
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Definition
| taking anything of value belonging to another from their person or their immediate control by use of force or intimidation and the offender intentionally inflicts severe bodily injury on the victim. |
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Term
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Definition
| taking anything of value belonging to another from their person or their immediate control by the use of force or intimidation while leading the victim to reasonably believe that he is armed with a dangerous weapon. |
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Term
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Definition
| taking anything of value belonging to another from their person or their immediate control by the use of force or intimidation while armed with a dangerous weapon. |
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Term
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Definition
| intentional taking, by force or intimidation, of a motor vehicle belonging to another person, in the presence of that person or a passenger, or any other person in lawful possession of the vehicle. |
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Term
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Definition
| theft of anything of value within a purse or wallet from the person of another or within the immediate control of another by use of force, intimidation, or by snatching – not armed with a dangerous weapon. |
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Term
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Definition
| communication of threats to another (re: them, family, anyone they hold dear) with intent to obtain anything of value or any advantage (offender doesn’t have to obtain anything, but must intend to; can even be force victim to have sex); NO defense where offender seeks to obtain property under claim of right where actually due him. |
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Term
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Definition
| intentional making of false written or oral statement under oath or affirmation in or for use in a judicial proceeding or any proceeding before a board or official. |
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Term
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Definition
| giving or offering to give anything of apparent or prospective value to a person with intent to influence his conduct in relation to his position, employment, or duty to any public officer, employee, elected official, juror, witness or appointee to public office; also bribery to accept the thing of value. |
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Term
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Definition
| unauthorized entry of a dwelling, vehicle, watercraft, or other structure with intent to commit a felony or any theft therein (lesser, included offense of every other kind of burglary). |
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Term
| o simple burglary of an inhabited dwelling |
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Definition
| unauthorized entry of any inhabited dwelling or other structure used in whole or in party as a home or place of abode by a person with intent to commit a felony or any theft therein. |
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Term
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Definition
| unauthorized dwelling of any inhabited dwelling or a structure or movable where a person is present with the intent to commit a felony or theft therein and the offender is armed with a dangerous weapon, arms himself after entry, or commits a battery upon any person while in such a place or while entering or leaving such place. MUST have intent at time entry effected; if intent not formed until after D entered, no burglary. |
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Term
| o unauthorized entry of an inhabited dwelling |
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Definition
| intentional entry without authorization into any inhabited building or other structure used in whole or part as a home or place of abode by a person. |
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Term
| o unauthorized entry of a business |
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Definition
| intentional entry without authorization of any structure or premises belonging to another that is completely enclosed by any type of physical barrier at least 6 feet high that is used as a place of business. |
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Term
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Definition
| unauthorized entry into a structure used as a home when a person is present w/ specific intent to use force against the person or to damage property. |
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Term
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Definition
| entry or remaining on/in property owned by another without express, legal, or implied authorization and entry on or remaining in a place after being forbidden. NOTE: numerous defenses (lack of posting, retrieving dog) |
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Term
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Definition
| entry into any business or structure when normal security is not present due to a natural disaster or some human agency (riot/mob) and obtaining control over or damaging or removing property of the owner. |
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Term
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Definition
| intentional damaging by explosive substance or setting fire to any property of another without the consent of the owner OR starting fire/explosion w/perpetrating another felony even w/o intent to start fire/explosion. |
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Term
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Definition
| intentional damaging by explosive substance or setting fire to any structure, watercraft, or movable whereby it is foreseeable that human life might be endangered. |
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Term
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Definition
| intentional damaging by explosive device/setting fire to any structure, watercraft or movable belong to another if any person suffers great bodily harm/disability/disfigurement or PO, FF, 1st responder hurt. |
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Term
| o arson with intent to defraud |
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Definition
| setting fire or damaging by any explosive substance any property with intent to defraud. |
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Term
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Definition
| mere placing of combustible/explosive material in or near any structure, watercraft, movable, forest land w/specific intent eventually to set fire. |
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Term
| o simple criminal damage to property |
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Definition
| intentionally damaging the property of another without consent other than by fire or explosion. |
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Term
| o aggravated criminal damage to property |
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Definition
| intentional damaging of structure or movable other than by fire or explosion where it is foreseeable that human life might be endangered. |
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Term
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Definition
| intentionally tampering with property of another without consent with intent to interfere with free enjoyment or deprive of full use; a false fire alarm; false report to law enforcement of commission of a crime; remaining in a place of business after being told to leave. |
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Term
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Definition
o DWI operating any vehicle when under the influence of alcohol, CDS, etc.
o reckless operation of a vehicle
o hit and run failure to stop and give identity and to render aid at the scene of an accident. |
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Term
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Definition
o convicted felon in possession of a firearm
o supplying a known felon with a firearm
o intentional concealment of a firearm or other weapon on one’s person |
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Term
|
Definition
o possession of a scheduled CDS
o possession of a CDS with intent to distribute
o possession of a hallucinogenic plant with intent to distribute. |
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Term
| • crimes involving law enforcement officers |
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Definition
o resisting an officer intentionally interfering with or resisting a lawful arrest or resisting an officer with force or violence.
o flight from an officer failure to bring a vehicle to a stop after a visual and audible signal when officer has probable cause to stop.
aggravated when human life is endangered by the flight. |
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Term
|
Definition
| tampering with evidence, threatening force or retaliation because of witness’ testimony when action has or reasonably may affect potential criminal proceedings. |
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Term
|
Definition
| intentional making of a false written or oral statement under oath/affirmation, in or for use in a judicial proceeding, legislative committee relating to matter material to issue or Q in controversy; must know statement is false. |
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Term
| • miscellaneous criminal damage |
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Definition
| criminal damage to coin operated device; or criminal damage by defacing w/graffiti. |
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Term
|
Definition
| parent/legal guardian physically abandons child under 10 by leaving child unattended and to his own care where it appears parent didn’t intent to return or provide adult supervision. Also crim to not pay CS for 1 yr/$5K. |
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Term
|
Definition
| intentionally/criminal negligently exposing child under 10 to hazard child couldn’t protect against. |
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