Homicide Flashcards by Maryam Diaab

14:30 (A-1)

FIRST DEGREE murder is the killing of a human being when the offender has SPECIFIC intent to kill or to inflict great bodily harm AND is engaged in the perpetration or attempted perpetration of aggravated kidnapping, 2d degree kidnapping, aggravated escape, aggravated arson, aggravated rape, forcible rape, aggravated burglary armed robbery, assault by a drive-by shooting, 1st degree robbery, 2d degree robbery, simple robbery; terrorism, cruelty to juveniles, or 2d degree cruelty to juveniles.

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14:30 (A-2)

When the offender has a SPECIFIC INTENT to kill or inflict great bodily harm upon a fireman, peace officer, or civilian employee of the La. State Crime Lab or any other forensic lab engaged in the performance of his lawful duties , OR when the specific intent to kill or to inflict great bodily harm is directly related to the victim’s status as a fireman, peace office, or civilian employee

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14:30 (A-3)

When the offender has the SPECIFIC INTENT to kill or inflict great bodily harm upon more than 1 person

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14:30 (A-4)

When the offender has the SPECIFIC INTENT to kill or inflict great bodily harm AND has offered, has been offered, has given, or has received anything of value for the killing.

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14:30 (A-5)

When the offender has the SPECIFIC INTENT to kill or inflict great bodily harm upon a victim who is under the age of 12 or over the age of 65.

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14:30 (A-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.

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14:30 (A-7)

When the offender has the specific intent to kill or inflict great bodily harm AND is engaged in the activities prohibited in R.S. 107

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14:30 (A-8)

When the offender has specific intent to kill or to inflict great bodily harm and there has been issued by a judge or magistrate any lawful order prohibiting contact

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14:30 (A-9)

When the offender has the specific intent to kill or inflict great bodily harm upon a victim who is a witness to a crime or what a member of the immediate family to a crime on a prior occasion AND

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14:30 (A-9a)

The killing was committed for the purpose of preventing or influencing the vic’s testimony in any criminal action or proceeding whether or not such action or proceeding has been commenced; OR

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14:30 (A-9b)

the killing was committed for the purpose of exacting retribution for the victim’s testimony.

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14:30 (A-10)

When the offender has a specific intent to kill to inflict great bodily harm upon a taxicab driver who is in the course and scope of his employment

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14:30 (A-11)

When the offender has the specific intent to kill or inflict great bodily harm and the offender has previously acted with the specific intent to kill or inflict great bodily harm that resulted in the killing of more or more persons

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14:30 (C-1)

If the DA seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence

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14:30 (C-2)

If the DA does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.

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14:30.1 (A-1)

SECOND DEGREE MURDER- is the killling of a human being when the offender has a specific intent to kill or inflict great bodily harm; OR

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14:30.1 (A-2)

when the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, 2d degree kidnapping, aggravated escape; assault by a drive-by shooting; armed robbery, 1st degree robbery, cruelty to juveniles, 2d degree cruelty to juveniles, or terrorism EVEN THOUGH HE HAS NO INTENT TO KILL OR TO INFLICT GREAT BODILY HARM

14:30.1 (A-3)

When the offender unlawfully distributes or dispenses a controlled dangerous substance

14:30.1 (A-4)

When the offender unlawfully distributes or dispenses a controlled dangerous substance

14:30.1 (B)

Whoever commits the crime of 2d degree murder shall be punished by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence

14:31 (A-1)

MANSLAUGHTER-is a homicide that may be murder under either Art. 30 or 30.1 BUT the offense is committed in sudden passion or heat of 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 blood would have cooled, at the time the offense was committed OR

14:31 (A-2)

a homicide committed, without any intent to cause death or great bodily harm

14:31 (A-2a)

When the offender is engaged in the perpetration to attempted perpetration of any felony NOT enumerated in Art. 30 or 30.1

14:31. (A-2b)

When the offender is resisting lawful arrest by any means, or in a manner, not inherently dangerous, an the circumstances are such that the killing would NOT BE A MURDER UNDER Art. 30 or 30.1

14:31 (B)

Whoever commits mansalughter shall be imprisoned at hard labor for not more than 30 years. However, if the victim killed was under the age of 10 years, the offender shall be imprisoned at hard labor, without the benefit of paraole, probation or suspension of sentence, for not less than 10 years nor more than 40 years

14:32 (A-1)

NEGLIGENT HOMICIDE-is either of the following- the killing of a human being by criminal negligence

14:32 (A-2)

the killing of a human being by a dog or other animal when the owner is reckless AND criminally negligent in confining or restraining the dog or other animal

14:32 (B)

the violation of a statute or ordinance shall be considered only has presumptive evidence of such negligence q

14:32 (C-1)

Except as provided in 14:32 (C-2), whoever commits the crime of negligent homicide shall be imprisoned with or without hard labor for not more than 5 years, fined not more than $5k or both.

14:32 (C-2a)

If the victim killed was under the age of 10 years, the offender shall be imprisoned at hard labor, with or without benefit of probation, parole, or suspension of sentence, for not less than 2 nor more than 5 years

14:32 (C-2b)

If the court does not order offender to a term of imprisonment when the following two factors are established, the court shall state, both orally and in writing at the time of sentencing, the reasons for not sentencing the offender to a term of imprisonment

14:32 (C-2bi)

The fatality was caused by a person engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance

14:32 (C-2bii)

The offender's blood alcohol level concentration contributed to the fatality

14:32.1 (A)

VEHICULAR HOMICIDE-is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in the actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether to not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:

14:32.1 (A-1)

The operator is under the influence of alcoholic beverages as determined by chemical tests

14:32.1 (A-2)

The operator's BAC is 0.08% or more

14:32.1 (A-3)

The operator is under the influence of any controlled substance

14:32.1 (A-4)

The operator is under the influence of alcoholic beverages

14:32.1 (A-5a)

The operator is under the influence of a combination of alcoholic beverages AND one or more controlled dangerous substance

14:32.1 (A-5b)

It shall be an affirmative defense that the label of the container of a prescription drug does not contain a warning against combining the medication with alcohol

14:32.1 (B)

Whoever commits the crime of vehicular homicide shall be fined not less than $2k nor more than $15k and shall be imprisoned with or without hard labor for not less than 5 years nor more an 30 years. At least three years of the sentence shall be imposed without benefit of probation, parole, or suspension of sentence