Welcome


Law should be interactive.

Rabbit Crowd Library is an experiment in enabling people to interact with the law directly without bias.

Give law accountability. Use - , and to comment and respond to text you agree and disagree with.

0
0
0
Rs 14:30 First Degree Murder

§30. First degree murder

A. First degree murder is the killing of a human being:

(1) 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, second

degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape,

forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by

shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to

juveniles, or second degree cruelty to juveniles.

(2) When the offender has a specific intent to kill or to inflict great bodily harm upon

a fireman, peace officer, or civilian employee of the Louisiana State Police Crime Laboratory

or any other forensic laboratory 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 officer, or civilian employee.

(3) When the offender has a specific intent to kill or to inflict great bodily harm upon

more than one person.

(4) When the offender has 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.

(5) When the offender has the specific intent to kill or to inflict great bodily harm

upon a victim who is under the age of twelve or sixty-five years of age or older.

(6) When the offender has the specific intent to kill or to 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 Substances Law.

(7) When the offender has specific intent to kill or to inflict great bodily harm and

is engaged in the activities prohibited by R.S. 14:107.1(C)(1).

(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 between

the offender and the victim in response to threats of physical violence or harm which was

served on the offender and is in effect at the time of the homicide.

(9) When the offender has specific intent to kill or to inflict great bodily harm upon

a victim who was a witness to a crime or was a member of the immediate family of a witness

to a crime committed on a prior occasion and:

(a) The killing was committed for the purpose of preventing or influencing the

victim's testimony in any criminal action or proceeding whether or not such action or

proceeding had been commenced; or

(b) The killing was committed for the purpose of exacting retribution for the victim's

prior testimony.

(10) When the offender has a specific intent to kill or to inflict great bodily harm

upon a taxicab driver who is in the course and scope of his employment. For purposes of this

Paragraph, "taxicab" means a motor vehicle for hire, carrying six passengers or less,

including the driver thereof, that is subject to call from a garage, office, taxi stand, or

otherwise.

(11) When the offender has a specific intent to kill or inflict great bodily harm and

the offender has previously acted with a specific intent to kill or inflict great bodily harm that

resulted in the killing of one or more persons.

(12) When the offender has a specific intent to kill or to inflict great bodily harm

upon a correctional facility employee who is in the course and scope of his employment.

B.(1) For the purposes of Paragraph (A)(2) of this Section, the term "peace officer"

means any peace officer, as defined in R.S. 40:2402, and includes any constable, marshal,

deputy marshal, sheriff, deputy sheriff, local or state policeman, commissioned wildlife

enforcement agent, federal law enforcement officer, jail or prison guard, parole officer,

probation officer, judge, attorney general, assistant attorney general, attorney general's

investigator, district attorney, assistant district attorney, or district attorney's investigator,

coroner, deputy coroner, or coroner investigator.

(2) For the purposes of Paragraph (A)(9) of this Section, the term "member of the

immediate family" means a husband, wife, father, mother, daughter, son, brother, sister,

stepparent, grandparent, stepchild, or grandchild.

(3) For the purposes of Paragraph (A)(9) of this Section, the term "witness" means

any person who has testified or is expected to testify for the prosecution, or who, by reason

of having relevant information, is subject to call or likely to be called as a witness for the

prosecution, whether or not any action or proceeding has yet commenced.

(4) For purposes of Paragraph (A)(12) of this Section, the term "correctional facility

employee" means any employee of any jail, prison, or correctional facility who is not a peace

officer as defined by the provisions of Paragraph (1) of this Subsection.

C. (1) If the district attorney 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, in accordance with the determination of the jury. The provisions of

Code of Criminal Procedure Article 782 relative to cases in which punishment may be capital

shall apply.

(2) If the district attorney does not seek a capital verdict, the offender shall be

punished by life imprisonment at hard labor without benefit of parole, probation or

suspension of sentence. The provisions of Code of Criminal Procedure Article 782 relative

to cases in which punishment is necessarily confinement at hard labor shall apply.

Amended by Acts 1973, No. 109, §1; Acts 1975, No. 327, §1; Acts 1976, No. 657,

§1; Acts 1979, No. 74, §1, eff. June 29, 1979; Acts 1985, No. 515, §1; Acts 1987, No. 654,

§1; Acts 1987, No. 862, §1; Acts 1988, No. 779, §2, eff. July 18, 1988; Acts 1989, No. 373,

§1; Acts 1989, No. 637, §2; Acts 1990, No. 526, §1; Acts 1992, No. 296, §1; Acts 1993, No.

244, §1; Acts 1993, No. 496, §1; Acts 1999, No. 579, §1; Acts 1999, No. 1359, §1; Acts

2001, No. 1056, §1; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 1223, §1; Acts

2004, No. 145, §1; Acts 2004, No. 649, §1; Acts 2006, No. 53, §1; Acts 2007, No. 125, §1;

Acts 2009, No. 79, §1, eff. June 18, 2009; Acts 2012, No. 679, §1; Acts 2014, No. 157, §1;

Acts 2014, No. 390, §2; Acts 2015, No. 184, §1.

Share this law:
Facebook Twitter LinkedIn Pinterest Reddit
Local Government
Louisiana
3
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
kill
offender
harm
great
bodily
specific
inflict
intent
victim
age