Flashcards in Code I - Property Deck (135):
How are criminal statutes interpreted?
1. Fair import approach; 2. If meaning of statute not apparent; use STRICT CONSTRUCTION against the state.
What is criminal intent?
1. SPECIFIC intent state of mind--when circumstances indicate that the offender actively desired the prescrived criminal consequences to follow his act or failure to act. 2. GENERAL intent--when circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed crim conseque reas certain to occur as the result of his act.
What is criminal negligence?
1. Requires MORE than ordinary negligence that would suppor tort recovery; 2. Must be such disregard to the extent that D's conduct amounts to a GROSS deviation below the standard of care required of a reas careful person under the circ.
What are the defenses to criminal behavior?
1. INFANCY--under the acge of 10; under age of 17, commits juvenile delinquency, with exceptions. 2. INSANITY--exculpatory, diminished responsibility; 3. INTOXICATION--involuntary intox creates criminal conduct/negates specific intent; 4. MISTAKE OF FACT--reas ignorance which negates presence of mental element required for crime; 5. MISTAKE OF LAW--either leg repeal/final judgment of crim court; JUSTIFICATION--D believes that his conduct is necessary under circ, and this belief is reas.
Does LA have a specific statute dealing with the application of deadly force?
No. 1. When a D kills a person claiming justification, the defense is controlled by the justifiable homicide statute; 2. In cases where DEADLY FORCE is used but does not result in death, D's actions will be evaluated in terms of reas belief in the necessity for use of such force.
When is homicide justifiable?
When committed: 1. In self-defense by person who believes she is in imminent danger of death/great bodily harm; 2. To prevent violent/forciable felony involving danger to life/great bodily harm; 3. Against a person who one believes is liekly to use force while committing robbery; 4. Committing robbery/carjacking. When a person is LAWFULLY in dwelling/place of business/car, a PRESUMPTION exists that belief in the necessity to use force was reas if for purposes of preventing unlawful entry.
What are the two kinds of parties in LA?
1. PRINCIPALS--all persons who directly commit the act constituting the offense OR who aid/abet--presence or absence at scene is irrelevant; acts of principals are generally imputed to other principals. 2. ACCESSORIES AFTER FACT--persons who, after another has committed a felony harbor, conceal, aid the felon, KNOWING or HAVING REAS GROUND TO BELIEVE that the person committed the felony. Must show speicific intent to assist felong to avoid arrest/escape.
What is criminal conspiracy?
Criminal conspiracy is the AGREEMENT of TWO or MORE persons, for the SPECIFIC purpose of COMMITTING any crime. Note: no conspiracy unless one of the parties does an act in FURTHERANCE of the object of the agreement. Note: Need an ACTUAL agreement, no conspiracy if one of them does not intentd to go through. Note: Specific intent to achieve a result that is CRIMINAL is all that is necessary.
What are the ramifications of criminal conspiracy?
Under LA law, the acts and statements of ONE conspirtor during the course of conspiracy can be attributed to ALL the conspirators. So, if during an armed robbery one of the conspirtors shoots the victim, that act will be imputed to all, supplying the actus reus (although mens rea will need to be established separately). Note: in LA, statements of co-conspirators are NON-HEARSAY.
Does the conspiracy MERGE into the completed offense?
No. Under LA law, there is no merger between conspiracy and the completed substantive offense. Person may be convicted of CONSPIRACY, COMPLETED OFFENSE, or BOTH.
How is a conspiracy terminated?
1. Successful commission of the offense, or, its total frustration. 2. To WITHDRAW from a conspiracy a party must communicate withdrawal to other co-conspirators or report the matter to the police. 2. Fine or imprisonment in the same mannter as the principal offense, but NOT more than one-half. For death/life--hard labor for not more than 30 years.
What is criminal attempt?
Person: 1. Specific intent to commit a crime; 2. Does or omits an act; 3. For the purpose of/tending directly toward the accomplishing of his object; 4. Immaterial whether she would have accomplished her purpose; 5. Mere preparation to commit crime shall not be sufficient to constitute attempt; but lying in wait/moving toward consumnation of the offense may constitue attempt.
Does Louisiana ascribe to the doctrine of impossibility?
In LA, it is IMMATERIAL whether the circ are such that D cannot as a matter of FACT OR LAW commit an actual offense which she intends to commit; does not preven ther from being liable for attempt. It is not necessary to prove tht the attempt failed; attempt is considered a LESSER included offense, it does not merge into the crime.
What is the penalty for attempt?
Penalty for attempt is unusual; fine or imprisonment in same manner as principal offense/not more than one-half.
What is inciting a felony?
1. Relative felony; 2. Inciting a felony is the endeavor by one person to INCITE or PROCURE another person to commit a felony.
What is soliciation for murder?
1. Felony. 2. Intentional solicitation by one person of another person to commit or cause to be committed first or second degree murder.
What is homicide? What are the five classes of homicide?
Homicide is the killing of a human being by the act/procurement/culpable omission of another. 1. First degree murder; 2. Second degree murder; 3. Manslaughter; 4. Negligent homicide; 5. Vehicular homicide. Note: unborn child is not a human being unless child has been born alive. Note1: Legislature repealed one year/one day death rule.
What is first degree murder?
First degree murder is when the offender has SPECIFIC INTENT to kill or inflict great bodily harm AND is engaging in a felony; or, 2. Same as, and kills a cop/peace officer/fireman, or, 3. Same as, and UPON more than one person by same act; 4. Same as, but received or given value for the killing; 4. Same as, but killed person under 12 or over 65; 5. Same as, but RITUAL killing; 6. Same as, but in context of drug deal; 7. Same as, but victim was protected by court order from killer; 8. Same as, but victim was witness to a crime; 9. Same as but offender previously killed persons.
What is the penalty for first degree murder?
Whoever commits the crime of FDM shall be punsihed by DEATH or life imprisonment, in accordance with rec of the jury. Note, FDM always requires specific intent + an additional enhancing factor. Note: DA has discretion to seek life imprisonment or death.
What is second degree murder?
Killing of a human being when: 1. Offender has a SPECIFIC INTENT to kill or inflict great bodily harm; OR 2. Offender is engaged in armed perpetration of a felony, e.g., rape, arson, burglary EVEN THOUGH she has not intent to kill/inflict great bodily harm; OR 3. Offender unlawfully dispenses drugs which is direct cause of recipient who ingested/consumed it; OR 4. Offender gives drugs to another who dispenses to someone who dies as a result of ingestion; OR 5. Offender is engaged in perp of cruetly to juveniles even though no intent to kill/inflict great bodily harm.
What is the penalty for second degree murder?
Whoever commits the crime of second degree murder shall be punished by LIFE imprisonment at hard labor without parole/probation/suspension of sentence.
What is felony murder?
LA requires a STRONG causal connection between felon/death of the victim. Defendant must have been ACTUAL killer or a principal of the actual killer. Need CAUSATION, D must hav committed act/had act attribued to him/done act that directly placed victim in serious danger.
What is manslaughter?
A homicide which would be murder (first or second), BUT the offense is committed: 1. In sudden passion/heat of blood; 2. Caused by provocation; 3. Sufficient to deprive an average person of self-control; 4. Blood must not have cooled. D has BURDEN of proving mitigatin factors; OR A homicide committed without intent to ause harm when the offender is engaged in a non0enumerated feony/intentional misdemanor/resisting lawful arrests by means not inhernetly dangerous.
What are the two types of manslaughter?
1. Death which results from an act intended to cause DEATH or great bodily harm (adequate provocation); OR 2. Death which was not intentional (perp of unenumerated felony/intentional misdemeanor/use of means not inherenty dangerous).
What is negligent homicide?
Either the following: 1. Killing of a human being by criminal negligence; 2. Killing of a human being by a dog or other animal when the owner is reckless and criminally negligent in confining/restraining the other dog or animal (does not apply to police dogs). Note: the violation of a statute/ordinance shall be considered only as PRESUMPTIVE evidence of such negligence. Need GROSS deviation from standard of care.
What is vehicular homicide?
1. Killing of a human being; 2. Caused proximately/caused directly; 3. By offender engaged in operation/physical control of motor vehicle; 4. Whether or not offender had intent to cause death/bodily harm; 5. WHEN Offender is under influence of alcohol/drugs/feld the scene. NOTE: Vehicular homicide ONLY applies when the driver has imbibed alcohol/used drugs. If no drugs, negligent homicide statute. NOTE: Also falls under vehicular negligent injuring--if there is injury. Violation of statute only considered presumptive evidence. If SERIOUS bodily injury, falls under FIRST DEGREE vehicular negligent injuring.
What is criminal assistance to suicide?
1. Encourage someone to commit suicide; 2. Providing phys means to enable someone to commit suicide; 3. Assist another to commit/attempt suicide. Does NOT apply to nurses that withdraw medical treatment to relieve suffering and NOT to cause death.
What is battery?
Battery is the intentional: 1. Use of force/violence upon the person of another; 2. Admin of posion to another; 3. Offender must apply SOME phys force toward the victim's person, even if indirect/does not entail pain. Application of force must be unlawful, the person cannot have consented. Note: general criminal intent is all that is required, UNLIKE second degree battery.
What is aggrevated battery?
Aggrevated battery is a battery committed with a dangerous weapon. ANY intentional use of force with a dangerous weapon constitutes aggrevated battery.
What is second degree battery?
1. Battery, 2. When the offender INTENTIONALLY; 3. Inflicts serious bodily injury. Note: this provision does NOT apply to medical providers who have obtained consent of a patient. Specific intent--UNLIKE the definition of battery. Note: Prosecutor is required to prove lack of consent.
What is aggrevated second degree battery?
Battery committed with a dangerous weapon where the offender INTENTIONALLY inflicts serious bodily injury. Serious bodily injury involves unconciousness; extreme phys pain; protracted/obv disfigurement/subst risk of death.
What is battery of a police officer?
1. Battery (inlcudes throwing feces), 2. Committed without the consent of the victime; 3. When the offender has REAS GROUNDS to believe that the victim is a commissioned police officer acting in the performance of his duty. Note: Prosecutor is required to prove lack of consent; police officer likely needs to be a commissioned officer. Note1: Also, similar to batter of a school teacher.
What is domestic abuse battery?
INTENTIONAL use of force/violence by one member of a household upon another member of the household. Victim must be of opposite sex/living in same residence within five years of the occurrence WHETHER married or NOT.
What is battery of a child welfare worker? What is battery of a school athletic contest official?
1. Without consent, when offender has reason to believe that victim is a child welfare worker in the performance of her duties and has presented proper identification; 2.
What is intentional exposure to the AIDS virus?
Intentional exposure of another to any acquired immune deficiency syndrome virus through sexual contact without knowing and lawful consent of the victim.
What is simple battery?
Simple battery is a battery committed without the consent of the victim. Pros must prove lack of consent. Spitting on a person is simple battery.
What is negligent injuring?
Negligent injuring is either the inflicting of any injury upon the person of another by CRIMINAL NEG or the inflicting of any injury by a dog/other animal when the owner is reckless/criminally negligent in confining the dog or other animal.
What is assault? What is aggrevated assault? What is simple assault?
An attempt to commit a battery OR the intentional placing of another is reas apprehension of receiving a battery. Assault may be committed in either of two ways: 1. ATTEMPT to inflict a batter; 2. Placing victim in APPREHENSION of impending battery. Aggrevated assault is an assault committed with a dangerous weaspon. Simple assault is an assault committed WO a dangerous weapon.
What is assault be drive-by shooting?
1. Assault committed with a firearm when offender uses motor vehicle to facilitate the asault. Drive by shooting means discahrge of firearm from motor vehicle on public street/highway with intent to kill/cause harm/frighten another person.
What is aggrevated assault with a motor vehicle upon a peace officer?
If peace officer is acting withint the course/scope of duties; aslo extends to watercraft/aircraft.
What are the elements of terrorizing?
1. Intentional communication of information; 2. That commission of crime/violence exists or is about to exist; 3. With intent to cause serious disruption to the general public; e.g., bomb scare.
What is stalking?
Intentional and repeated following or harassing of another person that would cause a reas person to feel ALARM or EMOTIONAL DISTRESS. Repeated pattern of verbal communication/non-verbal behavior. Does NOT apply to private investigators.
What is unlawful disruption of a school? What is cyberbullying?
1. Intimidation/harassment of any student or teacher by force/threat of force; 2. Cyberbullying--transmission of any electronic textual/visual/written/oral communication with the malicious and willful intent to coerce/abuse/torment/or intimidate a person under the age of 18.
What is terrorism?
1. Committed when offender has intent to: intimdate or coerce civilian population/affect conduct of unit of government BY the commission of any of the following acts: intentional killing/intentional infliction of serious bodily injury/kidnapping/aggrevated arson/intentional aggrevated criminal damage to property. 2. Aiding others in terrorism, including hindering prosecution or providing material support.
Is operating a vehicle without documentation that you are lawfully in a United States a crime?
Yes. No alien student or non-resident alien can drive in Louisiana WITHOUT documents showing that the person is lawfully present in the United States. Also giving false info to get drivers' license is also a misdemenaor.
What is rape?
1. Anal/oral/vaginal sexual intercourse; 2. With a male or female person; 3. Committed without the person's lawful consent. Note: emission is not necessary; any penetration, however slight, is sufficient to complete crime. NO spousal immunity EXCEPT for simple rape.
What is aggrevated rape?
Rape committed without lawful consent WHEN: 1. Victim's resistance is overcome by force; 2. Rapist threatens violence; 3. Victim is prevented from resisting because offender is armed with dangerous weapon; 4. Victim is under the age of 13 or oder than 65 (lack of knowledge not defense); 5. Where TWO or more offenders participated in act; 6. Where victim is preventing from resisting because of physical/mental defects.
What is forcible rape?
Rape without the lawful consent when: 1. Victim is prevented from resisitng by force/threats of physical violence; 2. Victim reas believes such resistance would NOT prevent the rape; 4. Victim was drugged by rapist.
What is simple rape?
1. Victim is drunk & offnder knew or should have known of victim's incapacity (lack of capacity); 2. Victim is temporarily/perm incapable of understanding the nature of the act--unsoundness of mind; 3. Femal victim submits under belief that person is her husband + belief inducted by artifice/pretense/concealment practiced by offender.
What are crimes against nature?
1. Any unnatural carnal copulation between persons of same/opposite sex or with an animal. Force--oral--aggrevated crime against nature; Force--anal--rape; Consensual--oral or anal--crime against nature.
What is felony carnal knowledge of a juvenile?
A person who is age 17 or older: 1. Has sex; 2. With consent; 3. With a person; 4. Younger than 17, but older than 13, 4. When victim is NOT the spouse; AND 5. Age differential is four years or greater.
What is misdemeanor carnal knowledge of a juvenile?
Same elements has felony carnal knowledge of a juvenile, but the difference in age of the victim and offender is GREATER than TWO years, but LESS than FOUR years. Lack of knowledge of the juvenile's age shall NOT be a defense. Over the age of 17 means day after birthday, etc.
What is sexual battery?
INTENTIONAL engaging in any of the following acts: 1. Touching of anus/genitals of the victim by the offender; 2. Touching anus of genitals of the OFFENDER by the victim, using any instrumentality or any party of the body of the victim IF offender acts: WITHOUT CONSENT of the victim, or, victime is LESS than age 15 and at least three years younger than the offender.
What is second degree sexual battery?
Second degree sexual battery is the INTENTIONAL engaging in any of the following acts with another person where the offender INTENTIONALLY INFICTS SERIOUS BODILY injury on the victim by touching anus/genitals. No spousal immunity.
What is oral sexual battery?
Where offender compels NON-SPOUSE victim to touch anus/gentials of offenders with mouth or tongue, and victim is under age of 15 and offender is at least three years older.
What is computer-aided solicitation for sexual purposes?
Prohibits one whose age is 17 or greater from soliciting sex/crime of violence USING ELECTRONIC TEXT from any person reas believed to be younder than 17 if TWO-year age differentional.
What is sexual conduct between educator and student?
Prohibited conduct when educator has sexual intercourse/with a person 17 or older but less than 21 years of age when there is an age difference of GREATER than FOUR years between the two persons. Consent and ignorance of age is no defense.
What is aggravated kidnapping?
1. Forcibel seizing/carrying; Enticing/persuading; Imprisoning/forcible secreting of any person with the intent thereby to 2. FORCE the victim to give up something of value; 3. In order to secure a release of the person under the offender's actual or apparent control.
What is second degree kidnapping?
Same as aggravated kidnapping, but the victim is: 1. Used as a hostage or shield; 2. Used to facilitate felony/flight; 3. Physically injured or sexually abused.
What is aggravted kidnapping of a child?
Unathorized taking/enticing/decoying from a location, a child under 13 within intent to secret him from parent/guardian; for unlawful purposes. Note: DOES NOT apply to parent/grandparent/legal guardian.
What is simple kidnapping?
1. Intentional seizure/carrying away person without his consent; 2. Inetnitonal seizure/carrying away person for an unlawful purpose, any child not his own and under 14; 3. Kidnapping orphan/institutionally committed child; 4. Kidnapping child from custody of other parent; 5. Any person seeking to defeat jurisdiction of custody court.
What is interference with custody of a child?
Intentional taking/enticing/decoying away, of a minor child, by a parent who does not have a right of custody, with intent to detain/conceal such child from a parent having a right of custody pursuant to court order. Note: Affirmative defense when offender REAS believes that his actions were necessary to protect the welfare of the child.
What is human trafficking?
Knowingly recruiting/transporting/providing a person to provide labor through force/fraud/coercion.
What is theft?
1. Misappropriation or taking; 2. Of anything of value; 3. Which beongs to another; 4. EITHER without CONSENT to misapp/taking; or, MEANS OF FRAUDULENT conduct/practices. Note: an intent to deprive the other permanenetly of the subject of the misapprop or taking is essential. Note1: Anything of value is given the BROADEST possible construction. Property of another includes both title and possession.
What is the applicable mens rea for theft?
1. Requires an intent to PERMANENTLY deprive the owner of his property. 2. Fact-finder can draw an inference of "intent to perm deprive" when D has intentionally concealed on her/his person or otherwise goods held for sale, done other fraud, under Theft of Goods provision.
What is the statutory presumption applicable to all theft offenses?
Presumption that the person in UNEXPLAINED possession of property recently stolen is the THIEF (permissive inference) Note: presumption is valid for THEFT offenses, but not for burglary or illegal possession of stolen things.
What are the elements of computer fraud?
1. Accessing any computer system; 2. With INTENT to defraud/obtain money/property by means of false or fraudulent conduct/practices/representations.
What is unathorized use of a movable?
The intentional taking or use of a movable; which belongs to another; either--without the OTHER's consent, or by means of fradulent conduct/practices, but WITHOUT any intention to deprive the other of the movable permanently.
What is forgery?
Unlawful to forge with intent to defraud any signature or anypart of writing purporting to have legal efficacy/possessing forged writing with intent to defraud. Forge means TWO THINGS: to actually create the forgery, or, to issue, transfer, pass or possess a forged writing. Note: LA also has a worthless check statute--if someone writies a check ot obtain soemthign of value knowing that the check is worthless. Two prior convictions for worthless checks makes it relative feony.
How to distinguish fraud and forgery?
The note itself needs to be a false writing; it is the singer's genuine note, does not beomce forgery if there is merely fraud in the inducement. Writing must have been made FALSE with the intent to defraud can be inferred from its making. ONCE the writing has been made false, the offense is complete. It need not be transferred/cause injury.
What is illegal possession of stolen things?
Intenitonal possession/concealing of objects under circumstances indicating that offenders knows/had good reason to believe that the thing was the subject of one of these offenses. Affirmative defense if accused reports within 72 hours. Includes possession/procuring/receiving/concealing. Note: Mens rea--receipt must be INTENTIONAL and WITH KNOWLEDGE. Must have good reason to know, do not need to prove actual knowledge.
What is armed robbery?
1. Taking of anything of vaue; 2. Belonging to another; 3. From--the person of another/in immediate control of another--4. By use of FORCE or INTIMIDATION, 5. While armed with a dangerous weapon.
What is first degree robbery?
Taking of anything of value; belonging to another; from person/in immediate control of another; by use of force/intimidation when the offender LEADS the victim to REAS BELIEVE that she is armed with a dangerous weapon. Victim's subjective belief that person is armed must be OBJECTIVELY reasonable.
What is second degree robbery?
Same elements as first degree robbery, but the offender INTENTIONALLY inflicts serious bodily injury as defined in the second degree battery statute--specific intent to committ serious bodily injury.
What is simple robbery?
1. Taking anything of value; 2. Belonging to another; 3. From: the person of another/that is in immediate control of another; 4. By use of force/intimidation, 5. BUT NOT ARMED WITH A DANEROUS WEAPON. Note: no intent to permanently deprive encessary; intention to take may be sufficient. Taking must be from the person or in the presence of the victim--cannot be miles away during the taking. Note: Fear may be of injury either to the victim or other persons. Fear/violence is sufficient if used to retain possession if not used in the original taking.
What is carjacking?
Intentional taking of a motor vehicle belonging to another person, in the presence of that person/presence of a passenger/or any other person in lawful possession of the motor vehcile by force or intimidation.
What is extortion?
1. Communication of threats to another; 2. With inteniton; 3. To obtain something of value. Threat element is satsified when threat is to: UNLAWFULY injury person or property; accuse of crime; expose any secret. Offender must communicate an UNLAWFUL threat to the victim; not necessary to actually obtain anything from the victim. Note: not limited to property; can include sex. No defense to extortion if offender seeks to obtain property under claim of right.
What is aggrevated burglary?
1. Unathorized entering; 2. Of any inhabited dwelling/structure; 3. With intent to commi a felony/theft therein; 4. If offender is armed with dangerous weapon/commits a battery while in place. Notes: break down into four elements; not necessary for the offender to ACTUALLY commmit the felony/theft; must have intent at the time entry is effected; if place is public, authorized to enter while open to public.
What is simple burglary?
1. Unauthorized entering of; 2. ANY dwelling; 3. With the intent to commit a felony or any theft therein. Note: does not require dwelling be inhabited. Broad enough to inlcude every burglary that is NOT aggrevated, but there is a separate burglary offense when the structure is an inhabited dwelling.
What is simple burglary of an inhabited dwelling? What is simple burgalry of a law enforcement vehicle?
1. Same elements as simple burglary, but dwelling mustbe INHABITED. 2. Unatuhroized entering of any law enforcement vehicle with the intent to commit felony/any theft therein.
What is unauthorized entry of an inhabited dwelling?
1. Intentional entry. 2. Into any inhabited dwelling or other structure belonging to another; 3. Used in whole/or in party as a home/place of abode by a person 4. Without authorization. Note: Requires ONLY an intentional entry, not the intent to commit a felony therein. This is what distinguishes it from burglary.
What is unathorized entry of a place of business?
Intentional entry without authority of any structure/premised belonging to another that is enclosed by six feet height barrier and is used in part/whole as a place of business.
What is looting?
Looting is the entry into any building/structure/etc. when normal security is not present because of natrual disaster, and obtaining control/damaging/removing property of the owner.
What is home invasion?
Unauthorized entry of structure of structure used as home, when person is present, with SPECIFIC INTENT to use force against person/or damage property.
What is aggravated arson? What is injury by arson?
1. Intentional damaging; 2. By: any exploseive substance/setting fire to; 3. Any structure/watercraft/movable; 4. When it is foreseeable that human life might be endangered. Injury by arson contains the same elements as aggravated arson, but the structure must belong to another, and, EITHER THE FOLLOWING OCCUR: any person suffers bodily harm/disfigurement as a result of fire exploseion; or first responder is injured as result of fire.
What is simple arson? (Two versions)
FIRST: 1. Intentional damaging; 2. By any explosive substance/setting fire to; 3. Any property of another; 4. Without consent of owner. SECOND: 1. Starting fire; 2. Causing explosion; 3. While offender is engaged in; 4. The perp/attempted perp of another felony offense; 5. Even though offender does not have intent to start fire/cause explosion.
What is arson with the intent to defraud?
1. Setting fire to, or; 2. Damaging by any explosive substance; 3. Any property; 4. With intent to defraud. Note: special attempted arson provision--placing combustible material with SPECIFIC INTENT eventually to SET FIRE is an attempt to commit arson.
What is simple escape? What is aggravated escape?
1. Intentional departure; 2. Of imprisoned person; 3. From jail/place of legal confimenet; lawful custody of law enforcement official, including work release; 4. Uncer circ where human life is NOT endangered, or no show at place he was supposed to report. NOTE: A person may be arrested and convicted of simpe escape even if he has never been confined in a jail/other facility. Aggravated escape is the same elements of simple escape, except human life is endagered.
What is perjury?
1. Intentional making of; 2. False written or oral statement; 3. Made under oath or affirmation; 4. In/for use in a judicial proceeding/any official proceeding; 5. RELATED to the material at ISSUE in the question/controversy. Accused must KNOW that the statement is false. An unqualified statement of that whcih one does not know/definitively believe to be true is EQUIVALENT to a statement of that whcih she knows to be false. Note: contradictory testimony relieves pros of burden of showing which statement is fase.
What is public bribery?
1. Giving/offering to give; 2. Anything of apparent present/prospective value; 3. To any of the following persons--public official; election official; grand juror; witness; any person appointed to public officer; 4. With the intent to influence his conduct in relation to position/employemnet. ACCEPTANCE by the above named persons shall ALSO constitute public bribery.
What is mingling harmful substances?
1. Intentional mingling of any harmful substance with any food/drink/medicine; 2. With INTENT to injury any person.
What is intimidation by officers?
1. Intentional use of threats/violence/or any means of inhuman treatment; 2. Designed to secure a confession/incriminating statement; 3. From a person in custody of police officer/other person who has custody of person charged with crime.
What is false imprionsment? False imprionsment by offender armed with dangerous weapon?
False imprionsment is the: 1. Intentional confimenet/detnetion of another; 2. WITHOUT consent or legal authority. Relative felony hen offender is ARMED with dangerous weapon.
What is feticide? First and second degree?
1. Killing of an unborn child by act/procurement/culpable omission of a person OTHER THAN the mother; 2. Does not include consensual emergencies; 2. First--specific intent/felony murder/Second--same elements as manslaughter/Third--same elements as negligable and vehicular homicide.
What is abortion?
Felony--exceptions: preserve life or health of unborn child/remove dead child; express purpose of saving life of mother; pregnancy result of rape but only under specified circs; pregnancy result of incent and abortion is performed within 13 weeks of conception.
What is partial birth abortion?
1. Partially delibered or removed from uterus--specific intent to kill.
What is defamation?
1. Malicious publication/expression to anyone other than person defamed of anything; 2. Which exposes person to hatred/contempt/ridicule whether person is dead or alive, or to injure persons, corp, association of persons; 3. If statement is FALSE, it is presumed malicious unless proved otherwise.
What are offenses against proeprty?
1. Communication of false info of planned arson; 2. Manufacture and possession of delayed action incendiary devices; 3. Manufacture/possession of a bomb; 4. Fake explosive device; 5. Aggravated criminal damage to property (intentional/foreseeable that human life might be endangered); 6. Simple criminal damage to property (intentional, without consent by means OTHER than fire or explosion); 7. Criminal damage to coin-operated devices; 8. Damage ot proeprty with intent to defraud.
What is criminal mischief?
Intentional performance of the following: 1. Tampering with property of another without consent/with intent to interfere with free enjoying of rights/intent to deprive of full use. 2. False fire alarm; 3. False report to law enforcement officer; 4. Throwing stones in public places; 5. False evac of water service/public utility; 6. Shooting a firearm at a train.
What is criminal trespass? What is vehicular trespass?
Unauthorized entry into any structure/intentional entry onto immocable property owned by other--numerous affirmative defenses to trespass on land. Vehicular trespass--trespass into vehicles/boats.
What is entry/remaining in places? Unathorized entry of place of business?
1. Unauthorized going into/upon; 2. On or in any movable/immovable of another; 3. When forbidden orally or in writing including by means of a sign--need CONTEMPORANEOUS WARNINGS, previous warning are insufficient. UAEBusiness--intentioanl entry without authority; into structure belonging to anohter used wholly/in part as place of business.
What is purse snatching?
1. Theft of anything of value; 2. Contained in purse/wallet; 3. From person of another or within the immediate control of another; 4. By use of force/intimidation, but NOT ARMED with a dangerous weapon.
What is theft of utility services?
1. Misappropriation; of 2. Electricity/gas/water; 3. Which belong to another; 4. Without consent or by fraud. Includes diversion/preventing a meter from properly registering quantity. Does not apply to use of energy saving device.
What is misapplication of payments by contractors?
Knowingly failing to apply money received to claims for material/labor due under building construction/repair contracts.
What is commercial bribery?
1. Giving/offering to give; 2. Anything of value; 3. To any agent/employee/fiduciary; 4. Wihtout knowledge/consent of the principal or employer; 5. With intent to influence the agent's action in relation to principal/employer's affairs.
What is criminal neglect of family?
1. Desertion/intentional non-support; by; 2. Spouse/either parent; 3. Who is in destitute/necessitious circumstances. Note: there is a physical incapacity defense.
What is the failure to pay child support obligation?
Outlaws the INTENTIONAL failure to pay child support when support has NOT been paid for LONGER than one year or for a support amount GREATER than $5,000.
What is child abandonment?
1. Parent/legal guardian; 2. Phys abandons child under 10; 3. By leaving child unattended/to his own care; 4. Where it appears that parent DID not intent to return/provide adult supervision.
What is child desertion? Two versions?
ONE: 1. Intentional or criminally negligent; 2. Exposure of child under 10; 3. By a person with care/custody; 4. To a hazard or danger; 5. Which child could not be REAS be expected to protect against; OR TWO: 1. Abandonment of child; 2. Knowing/having reas to know; 3. That child could be exposed to hazard or danger. Note: also cannot buy minor child, but does not preclude adopters from paying birth mother's birth/living expenses.
What is bigamy?
1. Marriage to another person by a person already married and having a living spouse; OR 2. The habitual cohabitation in LA with such second spouse, regardless of where the marriage was celebrated. EXCEPTIONS: Former spouse absent for five years without being know to be alive; fromer marriage has been dissolved; person has REAS AND HONEST belief that former spouse was dead/valid divorce/prev marriage was invalid.
What is prostitution?
1. Practice by a person of INDISCRIM sexual intercourse with ohters; Or 2. For compensation; Soliciation to engage in prostitution. First offense is misdemeanor; subsequent offenses is a relative felony.
What is contributing to the delinquency of juveniles?
1. Intentional enticing/aiding/permitting; 2. By anyone OVER the age of 17 of; 3. Any child UNDER the age of 17--to; busk; association with vicious people; visit bar; visit casino; habitually trespass; use bad words; perform sexually immoral act; run away from parents; violate laws; visit porn shop. Note: Lack of knowledge of age is NO defense.
What is indecent behavior with juveniles?
1. Person over age of 17; 2. Lewd acts/texts lewd acts; 3. In presence of person under 17; 4. For purpose of turning them on; 5. MUST be MORE than TWO years difference in age; mistake as to age is no defense. Also, no sexting for people under 17; unlawful to traffick children for sexual purposes.
What is illegal carrying of weapons?
1. Intentional concealment on one's person; 2. Of a firearm/other instrumentality intended for use as dangerous weapon; OR; Ownership of explosives/instruments to commit crimes, with intent to commit crime; OR; Manufacutre/ownership/possession/custody or use of knife/switchblade; OR carrying weapon on shcool bus.
What is possession of firearm by person convicted of felony?
Felonies include murder/manslaughter/aggravated battery/rape, etc; Includes attempts; Any means any gun/capable of fire. However, NOT more than 10 YEARS after sentence or where Sheriff grants permit.
What are other crimes related to the carrying of weapons?
Illegal supplying a felon with a firearm; carrying a firearm by stdent on school property; illegal carrying of firearm at a parade; possession of firearm in alcoholic beverage outlet (except for owner/employee)
What is operating a vehicle while intoxicated?
Applies to any vehicle (but not horse/bike) when operator is: 1. Under influence of beverages; 2. Blood alc is over .08; 3. Under narcotic drugs//other drugs. Third conviction is a relative felony; fourth conviction is a felony.
What is disturbing the peace?
Fighting; using offensive words; appearing in an intoxicated condition; engaging in act of three or more persons; unlawful assembly; interruption of a lawful assembly--must be done in a manner that would foreseeably disturb or alarm the public.
Is it lawful to engage in ritualistic acts?
No, unlawful to engage in ritualsitc act that results in sacrifice of animals/ingestion of human blood; Unlawfful to engage in ritualistic mutiliation/sex abuse/psych abuse of children as part of rite.
What are the offenses related to law enforcement?
1. Resisting an officer; 2. Flight from an officer (including refusal to stop vehicle on signal); 3. Disarming an officer; 4. Interfering with a law enforcement investigation.
What is public intimidation?
Use of violence/force with intent to infuence conduct of public officer; grand juror; witness/person called as witness; voter at a public election; school bus operator.
What is jury tampering?
1. Verbal/written communication or attempt; 2. Whether indirect/direct; 3. Made to a juror in any case; 4. For purpose of influencing juror; 5. For corrupt/fraudulent purpose.
What is telephone communication--improper language/harassment?
Make obscene telephone calls; make repeated annyong calls; engage in telephone call that is obsence and reas likely to be overheard by a minor.
What is illegal use of a tracking device?
No person shall use a tracking device to determine the location or movement of another person without the consent of that person. Exceptions for: owerns of auto consenting to use of tracking device; parents of inor child whose movements are being racked; law enforcement officers; any commercial motor carrier operation.
What are other offenses against privacy?
1. Electronic eavesdropping/wiretapping; 2. Unlawful to intercept electronic communications; 3. Manufacutre/assemble/possess devices for intercepting communications.
What are other miscellaneous offenses under LA law?
1. Louisiana Racketeering Act; 2. Louisiana Street Terrorism Enforcement and Prevention Act; 3. Interference with animal research facilities; 4. Computer tampering; 5. Curelty to animals; 6. Unlawful to participate in cockfighting; 7. Unlawful to display noose in public place to intimidate.
When may capital punishment be imposed?
Capital punishment cannot be imposed EXCEPT for first degree murder or aggravated rape of a person under twelve years old. 1. No capital punihsment in felony murder undless D killed/assisting killing/encouraged it; 2. May not execute a person sentenced to death who subsequently has become insane; 3. May not execute a female who is pregnant; 4. May not impose DP on a person under 16 years of age under a statute that does not expressly provide. Note--imposition of DP for crime committed when D was 16/17 does not constitute cruel or unusual punishment; 5. May not impose a death sentence on an offender who is mentally retarded.
What jurors may be excluded from a capital jury?
Propsective juror may be excluded for CAUSE if juror's views against capital punishment would mean that the juror would automatically vote against/prevent impartial decision on guilty. Note: conscientous scruples against DP is not a basis for challenging for cause if juror can follow the instructions of the court. D must be able to question jurors whether they would impose DP without regard for mitigating circumstances. Death-qualified jury does not violate D's right to be tried by a jury selected from a rep cross section.
What is a capital sentencing hearing?
After jury has found D guily of capital offense, there is subsequent proceeding to determine if capital punishment will be imposed. Before the SAME jury unless reversal of sentence on appeal and remand. Hearing focuses on aggravating/mitigating circ; jury may consider evidence offered at trial on guilt.
How can a capital jury impose the DP?
Jury can't impose death unless it unanimously finds beyond a reas doubt at LEAST ONE aggravating circumstance and AFTER considering mitigating circumstances recommends death. Even if inapplicalbe aggravating circ is submitted to jury, does not invalidate DP if there is a valid aggravating circ. Note: Aggravating circ may be identical to an element of the crime for which D was convicted. Note: standard of review for federal court is that the state court finding was arbitrary/capricious.
What aggravating circumstances can be considered by the jury authorizing a capital sentence?
1. Engaged in pero of aggrav rape; forcible rape; kidnapping; aggrav burglary, arson, escape, assualt by drive-by shooting; armed robbery; first or second degree robbery; cruelty to juveniles; simple robbery or terrorism. 2. Cop was victim; 3. D intended to kill person under 12; 4. Paid killing; 5. Drug kiling; 6. Created risk of death to more than one person; 7. Offender prev. convicted of felony; 8. Particularly atocious killing; 9. Victim was witness for pros against D; 10. Victim was correctional employee in course of duties; 11. Victim was under 12 or over 65; 12. Offender was involved in ritualistic killing.
What are mitigating circumstances?
1. Offender has not signif prior history of crim history; 2. Committed under extreme mental/emot disturance; 3. Under influence/domination of other person; 4. Committed under circ reas believed to provide moral justification/extenuation for his conduct; 5. Could not appreciate the criminality of his conduct; 6. Youth of offender; 7. Offender was principal whose particiation was relatively into; 8. Any other elevant mitigating circ.
What mitigating evidence may the jury consider in determining whether to impose the DP?
State may NOT restrict mitigating evidence to specially enumerated factors; jury should not be told they they may not consider sympathy; judge should instruct jury they can return a verdic of life imprisonment WITHOUT finding any mitigating circumstances. Defendant is entitled to a state-appointed psychiatric expert to testify as to mitigating circumstances.
What is the appeal right for the death penalty?
Right of appeal to the Supreme Corut when death penalty is applied; every sentence shall be reviewed by the LA Sup. Ct. to determine if it is excessive--need to look at whether sentence was imposed under influence of passion/whether evidence supports finding of aggrav circ; and whether sentence is disprop to the penalty imposed in similar cases considering both crime + defendant.