2.2 Louisiana Criminal Code Foundations (Title 14)

Louisiana Criminal Code Foundations (Title 14)

Structure of the Louisiana Criminal Code

In Louisiana, the substantive criminal laws are primarily codified in Title 14 of the Louisiana Revised Statutes (La. R.S.). Title 14 defines what acts constitute crimes, the elements of those crimes, and the authorized penalties. It is essential for law enforcement officers to be intimately familiar with Title 14, as every lawful arrest must be based on probable cause that a specific statute within this code (or other applicable titles) has been violated.

The code is organized into several parts and subparts, grouping offenses by their nature, such as offenses against persons (e.g., homicide, battery), offenses against property (e.g., theft, arson), and offenses affecting the public morals (e.g., gambling, prostitution).

Classification of Crimes: Felony vs. Misdemeanor

A critical distinction in Louisiana criminal law is the difference between a felony and a misdemeanor. This distinction affects everything from the statute of limitations and the type of court with jurisdiction, to the procedures for arrest and the severity of punishment.

• Felony: In Louisiana, a felony is defined as any crime for which an offender may be sentenced to death or imprisonment at hard labor. The key phrase is "at hard labor." It does not matter if the judge actually imposes a hard labor sentence; if the statute allows for it, the crime is a felony. Hard labor sentences are served in the custody of the Louisiana Department of Public Safety and Corrections (state penitentiary).
• Misdemeanor: A misdemeanor is any crime other than a felony. This means a misdemeanor is a crime where the maximum penalty is a fine and/or imprisonment in a parish or local jail, without hard labor.

Elements of a Crime

For a person to be convicted of a crime, the State must prove every element of the offense beyond a reasonable doubt. Generally, a crime consists of two fundamental components:

1. Actus Reus (Criminal Act): There must be an act, or a failure to act when there is a legal duty to do so. In Louisiana, this is often referred to as criminal conduct. The act must be voluntary.
2. Mens Rea (Criminal Intent): There must be a culpable mental state. Title 14 recognizes different levels of criminal intent:
   • Specific Criminal Intent: The offender actively desired the prescribed criminal consequences to follow their act or failure to act.
   • General Criminal Intent: The offender must have adverted to the prescribed criminal consequences as reasonably certain to result from their act or failure to act.
   • Criminal Negligence: There is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected of a reasonably careful man under like circumstances.

Some crimes, known as strict liability offenses, do not require a showing of criminal intent, but these are rare in the core criminal code.

Inchoate Offenses: Attempt, Conspiracy, and Solicitation

Inchoate offenses are "incomplete" crimes. They are acts taken toward the commission of a crime, even if the target crime is not successfully completed.

Attempt (La. R.S. 14:27)

An attempt occurs when a person, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of their object.

• Overt Act Required: Mere preparation is not enough. The offender must take a substantial step toward committing the crime.
• Penalty: Generally, the penalty for an attempt is a fine or imprisonment not exceeding one-half of the largest fine or one-half of the longest term of imprisonment prescribed for the offense attempted.

Criminal Conspiracy (La. R.S. 14:26)

Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime.

• Overt Act: In Louisiana, an overt act in furtherance of the agreement must be committed by one or more of the parties for a conspiracy conviction to stand.
• The crime of conspiracy is a separate and distinct offense from the completed crime.

Inciting a Felony (Solicitation) (La. R.S. 14:28)

Inciting a felony is the endeavor by one or more persons to incite or procure another person to commit a felony. This is essentially asking or encouraging someone else to commit a serious crime.

Parties to a Crime

When a crime is committed, multiple people may be held criminally liable, even if they did not physically commit the act themselves.

Principals (La. R.S. 14:24)

All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.

• Important Note: Louisiana does not distinguish between a principal and an "accessory before the fact." Everyone who helps plan or execute the crime before or during its commission is charged as a principal.

Accessories After the Fact (La. R.S. 14:25)

An accessory after the fact is any person who, after the commission of a felony, harbors, conceals, or aids the offender, knowing or having reasonable ground to believe that they have committed the felony, and with the intent that they may avoid or escape from arrest, trial, conviction, or punishment.

• Key Element: The original crime must be a felony, and the assistance must occur after the felony has been completed.

Understanding these foundations of Title 14 ensures that law enforcement officers correctly identify crimes, accurately document the elements, and appropriately charge suspects.