CRIMINAL LAW

General Principals [40% is substantive criminal (crimes); 30% constitutional crim procedure; 20% statutory crim procedure]
1. Crime – conduct defined as crime in Code, other statutes or constitution (all crimes are determined by the legislature); LA is CmL
jx for criminal law and procedure.
a. Where offense includes all elements of lesser offense – ∆ charged with greater may be convicted of lesser.
2. Interpretation – give provisions genuine construction according to fair import of words taken in usual sense (fair import
approach); no creation of crimes by analogy (“strict construction”).
3. Definitions:
a. “anything of value” – corporeal or incorporeal; broadest possible construction.
b. “dangerous weapon”*– anything which, in the manner used, is calculated or likely to produce death or great bodily harm
c. “felony”* – any crime for which death or hard labor sentence authorized (need to know for person in possession of gun).
d. “misdemeanor” – any crime not a felony.
e. “person” – human being from moment of fertilization and implantation (homicide requires being born alive); a body of
persons, incorporated or not.
4. Parties:
a. Principals – persons who commit the criminal act or aid, abet, or directly/indirectly counsel or procure another to
commit whether at the scene or not. Acts of one P are attributable to other P’s if they had appropriate mens rea.
b. Accessories after the fact – after felony, persons who harbor, conceal or aid, with actual or constructive knowledge of the
felony and specific intent to help avoid punishment. (If no actual/constructive knowledge of felony – not accessory.)
5. Criminal conduct:
a. Act/omission that produces criminal consequences combined with criminal intent; or
b. Mere act/failure to act that produces criminal consequences, where no requirement of criminal intent; or
c. Criminal negligence that produces criminal consequences.
6. Men rea – criminal intent:
a. Specific intent – circs indicate that offender actively desired criminal consequences to follow act or omission.
b. General intent – offender was aware of the criminal consequences reasonably certain to result for act or omission.
c. Criminal negligence – gross deviation below the standard of care maintained by a reasonably careful person under like
circumstances.
7. Criminal negligence – more than ordinary negligence in tort; such disregard for the interest of another that ∆’s conduct amounts
to gross deviation below the standard of care required of a reasonably careful person under the circumstances.
a. Typically, the violation of statute or ordinance is only presumptive evidence of the required negligence.
b. EXAM – say that the standard is gross negligence.
8. Penalties: C – capital punishment; L – life imprisonment; F – felony (hard labor); RF – relative felony (hard labor discretionary);
M – misdemeanor (no hard labor); M* – misdemeanor with no right to jury trial.
a. Right to counsel – every crime here can be punished with imprisonment à right to appointed counsel for indigents.
b. Jury trial – of right for all crimes except misdemeanors for which the max potential punishment may not exceed
imprisonment for 6 mos or a fine of $1000.

CRIMINAL LAW – CRIMES AGAINST PERSONS

Homicide** – the killing of a human being by the act, procurement, or culpable omission of another. [Will be on bar – diff b/w 1st/2nd]
1. 1st degree (C or L) – the killing of a human being when offender has:
a. Specific intent to kill or cause great bodily harm and engaged in perpetration/attempted of enumerated felony:
i. Kidnapping – aag or 2nd
ii. Agg escape
iii. Agg arson *Must understand
iv. Rape – agg or forcible the elements of each
v. Agg burglary enumerate felony.
vi. Robbery – armed, 1st, 2nd, or simple
vii. Assault by drive by shooting
viii. Cruelty to juveniles
ix. Terrorism
b. Specific intent to kill or cause great bodily harm and:
i. SI to kill 2 or more victims
ii. Fireman or officer
iii. Murder for hire
iv. V = <12 or 65+
v. Perp engaged in drug distribution or purchase
vi. Perp engaged in ritualistic acts
vii. No contact order between perp and victim (judge ordered/effective)
viii. Victim who was a witness to a crime or member of immediate family was witness
ix. Taxicab driver in C&S of his employment
x. Prior killing with the SI to kill or cause GBH
2. 2nd degree (L w/out parole/probation/suspension) – the killing of a human being when offender has:
a. Specific intent to kill or cause great bodily harm, or
b. No SI + unintentional death during the perpetration of crimes mentioned above (except terrorism), or
c. Death caused by ingestion of controlled dangerous substance that offender distributed, or
d. No SI + cruelty to juveniles.
3. Manslaughter (F) – two types:
a. [Intentional]: murder but in sudden passion or heat of blood, caused by adequate provocation, sufficient to deprive
average person of his/her self-control and cool refection.
b. [Unintentional]: unintentional murder committed without intent to cause death/GBH while perpetrating an unenumerated
felony, an intentional misdemeanor against the victim, or resisting lawful arrest.
4. Negligent homicide (RF) – killing by criminal negligence (violation of statute is presumptive evidence of negligence), or killing
because of reckless or criminally negligent animal handling (not if service dog; not if V = intruder).
5. Vehicular homicide (RF) – killing of a human being, caused proximately or directly, by an offender operating a vehicle, boat, or
plane, under the influence of drugs or alcohol (whether/not intended death/GBH). [If no alcohol/drugs – negligent homicide.]
6. Criminal assistance to suicide – intentional advising/encouraging/assisting another to commit suicide, or providing physical
means or knowledge of means for purpose of enabling another to commit suicide, or assist another to commit/attempt suicide.
a. Suicide – intentional and deliberate act of taking one’s own life.
b. Does not apply to HCP who withdraw medical treatment or prescribe medication to relieve suffering.

Battery*
1. Simple (M) – intentional use of force or violence, or intentional administration of poison or noxious substance without V consent.
a. Some physical force required; must be unlawful; general criminal intent. Spitting is simple battery.
2. Agg (RF) – battery with a dangerous weapon (depends on manner used); no lack of consent proof required.
3. 2nd degree (RF) – battery with intent to cause serious bodily injury (unconsciousness, extreme physical pain, protracted/obvious
disfigurement, protracted loss/impairment of bodily member/organ, substantial risk of death.); specific intent to cause SBI.
4. Agg 2nd degree (RF) – battery with a dangerous weapon and intent to cause serious bodily injury (above).
5. Misc – battery of officer (M; includes throwing grossness at officer while in jail), school teacher (M*), bus driver, infirm, referee,
correctional officer, bus operator, child welfare worker, etc.…
a. Domestic abuse battery – intentional use of force or violence by one member of a household upon another member; V
must be of opposite sex and living in same residence w/in 5 years of occurrence (married or not).

Assault*
1. Simple (M) – attempt to commit a battery (requires SI to inflict battery) or intentional placing of another in reasonable
apprehension of receiving a battery, without a dangerous weapon (need not intend to inflict battery; apparent present ability to
inflict).
2. Agg (M) – assault with a dangerous weapon.
3. Agg assault with a firearm (RF) – agg assault with a firearm (whether discharged or not).
4. Misc – use of laser on police officer; assault on school teacher; mingling harmful substances; assault on child welfare worker;
a. Assault by drive-by shooting (RF; assault + firearm when use a motor vehicle)
i. Drive-by shooting – discharge of a firearm from vehicle on public street/highway with intent to kill/cause
harm/frighten.
b. Agg assault on peace officer with firearm (requires C&S; no discharge required) (or agg assault on utility worker w/ gun)
c. Domestic abuse agg assault (assault w/ dangerous weapon by one household member upon another)
d. Agg assault with vehicle on peace officer (requires C&S)
e. Terrorizing *(M; intentional communication of information that commission of crime is imminent/in progress/dangerous
circ to human life exists/imminent, with intent of causing general public to be sustained in fear for their safety or causing
evacuation/serious disruption.
f. Stalking** (M*) – intentional and repeated following or harassing (verbal/non-verbal, without invitation) of another
person that would cause reasonable person to feel alarm/emotional distress. Not PIs.
g. Cyberstalking* – use of email to extort, threaten, or harass.
h. Cyberbullying* – transmission of any electronic textual, visual, written, or oral communication with malicious and
willful intent to coerce, abuse, torment, or intimate a minor (person < 18).
i. Terrorism (F) – intent to intimidate/coerce the civilian population, or influence the policy of a unit of gov’t by
intimidation or coercion, or affect the conduct of a unit of gov’t by intimidation/coercion, by intentional killing,
intentional infliction of SBI, kidnapping, agg arson, or intentional agg criminal damage to property.
i. Aiding in terrorism – collecting/providing supplies or hindering prosecution of terrorism (harboring/warning).
ii. Unlawful to operate a vehicle without documentation showing that a person has a lawful presence in US.
Giving false info wrt lawful presence to obtain driver’s license (M).
j. Intimidation by officers – threats or violence to get confession from one in custody
k. Cross burning – on property of another or public property, with intent to intimidate.
l. Unlawful disruption of a school
Negligent Injuring
1. Generally – inflicting injury by criminal negligence or criminally negligent animal handling.
2. Vehicular – injury on human being’s person proximately or directly cause while offender operating/in physical control of a car,
boat, or plane, when under the influence of drugs or alcohol.
3. 1st degree vehicular – same as vehicular negligent injuring but caused serious bodily harm (above).

Sex Crimes [Never been tested!!]

1. Rape – anal, oral, or vaginal intercourse without consent (penetration required; emission not). Without lawful consent b/c:
a. Agg (L; C if V under 12) – V is 65+ or under 13 (lack of knowledge of V’s age is not defense); V resists to utmost but
resistance is overcome by force; 2 or more offenders participated; or prevented from resisting by credible threats of great
and imminent bodily harm, the perp was armed with a dangerous weapon, or V had a physical or mental infirmity
preventing resistence.
b. Forcible (F) – V can’t resist because drugged by perp; or V prevented from resisting by force/threats of physical violence
and V believes resistance won’t prevent.
c. Simple (RF) – V is intoxicated and incapable of resisting/understanding the act and perp should have known; V of
unsound mind and can’t understand act and perp knew or should have known; or V believed perp was husband because
of perp’s intentional artifice; spousal immunity. Basically: lack of capacity of consent b/c alcohol, drugs, mental issue.
d. Note: items of clothing are not admissible to prove the offense/that V encouraged/consented to the act.
2. Crime against nature (RF) – oral or anal sex; same sex or sex with animal; agg (F) – force overcomes resistence, threats of serious
harm are made, or V lacks capacity, or where V is prevented from resisting because offender is armed w/ dangerous weapon.
a. Solicitation of the offense for compensation – separate crime.
b. Summary:
i. Force – oral – agg crime against nature
ii. Force – anal – rape
iii. Consensual – oral or anal – crime against nature
3. Carnal knowledge of juvenile – consensual penetration of non-spouse (anal, oral, or vaginal; emission not required); lack of
knowledge of age is not a defense.
a. Felony (RF) – perp is 17+ and V is 13-16 and age differential is 4 years or greater, or
i. 2nd/subsequent offense of misdemeanor carnal knowledge of juvenile, or
ii. Registered sex offender + 1st offense of carnal knowledge of juvenile.
b. Misdemeanor (M*) – same; but age difference is 2-3 years, but it is a felony if prior offender.
4. Sexual Battery – V did not consent; or V consented, but is younger than 15 and 3 years younger than perp; and perp intentionally
touch anus/genitals, or made V touch his; (w/ any part of the body or instrumentality)
a. 2nd degree (RF) – same; perp intentionally inflicts serious bodily injury on V (above); no spousal immunity.
b. Oral (RF) – same, but touching w/ mouth or tongue; non-spouse V.
c. Agg oral (RF) – must include at least one factor of agg rape; no spousal immunity.
5. Computer-aided solicitation for sexual purposes – prohibits person 17+ from soliciting sex or crime of violence using electronic
text from any person reasonably believed to be younger than 17, if 2 year age differential; or person 17+ knowingly contacts or
communicates through electronic textual communication w/ person under 17 (2 year age differential) for purpose of or intent to
arrange for 3P to engage in prohibited activity above. Not a defense that juvenile consented to participation.
6. Indecent behavior with juveniles
7. Sexual conduct b/w “educator” and student

Kidnapping*
1. Agg (L) – either forcibly seizing a person and carrying from one place to another, or persuading a person to go from one place to
another, or forcible secreting/imprisoning of any person; and forcing someone to give up something of value or grant advantage
or immunity in order to secure release (EXAM: classic ransom, or forcing V to give up her own purse or even sex).
2. 2nd degree (F) – same 3; when V is used as a shield or hostage, used to facilitate a felony or flight therefrom, injured or sexually
abused, imprisoned over 72 hours, or imprisoned where perp has or suggests he has a dangerous weapon.
3. Agg of child (L) – taking, enticing, or removing a child < 13 from a location, for an unlawful purpose, by perp who is not a
parent/GP/guardian, with intent to secret the kid.
4. Simple (RF)
a. Intentionally forcibly seizing and carrying of person from one place to another without consent, or
b. Intentionally taking child out of state from custodian (without custodian’s consent) with intent to defeat jx; (with parent
or non-parent remover).
c. Intentionally taking/enticing for unlawful purpose any other person’s child under 14 years old w/out parental consent, or
doing the same with an institutionalized person (orphan, insane, feeble-minded, etc.) of any age.
5. Misc. – interference w/ custody of child (M): intentional taking/enticing minor child by non-cust parent w/intent to detain/conceal
child from custodial parent; affirm. defense – offender reasonably believed his actions were necessary to protect child’s welfare.
a. Human trafficking – knowingly recruiting, harboring, transporting, or providing, or soliciting person to provide labor
through force, fraud, or coercion; not a defense that person being recruited, harbored, transported, provided, solicited,
obtained, or maintained is actually a law enforcement officer acting within the official scope of his duties.
False Imprisonment* – typically staying in one place
1. False imprisonment (M*) – intentional confinement/detention of another without consent and without proper legal authority.
2. With a dangerous weapon (RF) – same; while perp armed with a dangerous weapon.

Robbery* – no intent to permanently deprive is specified; intent to take may be sufficient; no “claim of right” defense like theft.
1. Armed** (F) – taking anything of value belonging to another from their person or immediate control by use of force or
intimidation (threat of immediate bodily injury) while armed with a dangerous weapon (taking from person, not from a shelf – not
immediate control).
a. Force incudes use of drugs or blows producing unconsciousness; intimidation must excite reasonable apprehension of
danger. Violence/intimidation used later/after taking property to prevent recapturing is not robbery, unless right after.
b. Separate purse snatching statute.
2. 1st degree (F) – same; but perp does not actually have a dangerous weapon, instead leads V to reasonably believe he is armed;
(subjective and objectively reasonably belief).
3. 2nd degree (F) – taking anything of value belonging to another from their person or immediate control by use of force or
intimidation and perp intentionally inflicts serious bodily injury (above).
4. Simple (RF) – same as armed without the dangerous weapon.
5. Misc. – carjacking* (F) – intentional taking of motor vehicle belonging to another person, in the presence of that person in
possession or a passenger or any other person in lawful possession of the motor vehicle, by force or intimidation.
a. Extortion (F) – communication of threats to another/family members/close friends to unlawfully injure person/property,
accuse of crime, expose/impute deformity/disgrace, expose a secret, or do any other harm, with the intention to obtain
anything of value or any advantage, or immunity; actually obtaining something from V is unnecessary; no defense for
seeking to obtain property under “claim of right.”
b. Purse snatching (RF) – theft of anything of value contained within purse or wallet from the person of another or within
the immediate control of another, by use of force, intimidation, or by snatching, but not armed with a dangerous weapon.

CRIMINAL LAW – CRIMES AGAINST PROPERTY

Burglary** [EXAM: requires unauthorized entry – “employee’s only” area is not authorized]
1. Agg (F) – unauthorized entering of inhabited dwelling or structure/movable/watercraft where a person is present, with the intent
to commit a felony or theft, and the perp: is armed, or becomes armed with a dangerous weapon after entry, or commits a battery;
offender need not commit theft, just have intent to at entry (no burglary if after entry); if open to public – entry is authorized.
2. Simple (RF) – unauthorized entry of dwelling, vehicle, other structure, or cemetary with the intent to commit a felony or theft (no
need to have person present; broad enough to include every burglary not aggravated, but still have statute specific for home).
3. Simple of inhabited dwelling – same but of a structure used as a home. [EXAM: homeless man living in a box.]
4. Simple of a pharmacy – unauthorized entry (restricted area) with intent to commit theft of drug. [EXAM: Walgreens – behind
pharmacy counter is unauthorized entry, even though authorized to go in Walgreens.]
5. Simple of a law enforcement or emergency vehicle – unauthorized entry of such vehicle with intent to commit felony or theft.
6. Simple of religious building
7. Unauthorized entry – intentional entry; no intent to commit a felony or theft: (of inhabited dwelling (RF), dwelling during disaster
or emergency (unless rescue/refuge), place of business (RF) – must be enclosed by 6 ft. physical barrier; or critical infrastructure).
8. Home invasion – unauthorized entry of structure used as a home, when person is present, with specific intent to use force against
the person or damage property. (EXAM: kicking in door because they want to hurt inhabitant).
9. Looting (F) – entry into building/structure when normal security is not present by virtue of nature disaster or riot/mob/etc. and
obtaining control over or damaging or removing property of the owner; enhanced penalties if declared “state of emergency”.

Trespass [affirmative defenses: lack of posting; dog retrieval; etc.]

1. Trespass – entry on or remaining in a place after being forbidden; (EXAM: told to leave).
2. Criminal – entering or remaining in a movable or immovable owned by another without express/legal/implied authorization;
police, fire, EMT, gov’t agent ok.

CRIMINAL LAW – CRIMES AGAINST PROPERTY (DESTROY OR DAMAGE PROPERTY)

Arson
1. Agg (F) – intentional damaging by explosion or fire of structure, watercraft, or movable and it is foreseeable that human life
might be endangered.
2. Simple – (F) intentional damaging by explosion or fire of property of another without consent; or unintentional fire/explosion
during other felony/attempted felony; (can have simple arson of religious building).
3. Injury by arson (F) – intentional damaging by explosion or fire of structure, watercraft, or movable belonging to another if either:
any person suffers GBH, permanent disability, or disfigurements as result, or a firefighter, law enforcement officer, or first
responder who is present at the scene and acting in line of duty is injured as a result.
4. Arson with intent to defraud (RF) – damaging by fire or explosion any property with intent to defraud (insurance).
5. Attempted arson (placing combustible materials) – placing combustible or explosive material in/near any structure, watercraft,
movable, forest with specific intent eventually to set fire.
6. Misc. – manufacture of delayed action incendiary devices, manuf’g or possession of bomb, or fake explosive device (w/ SI), etc.
Property Damage
1. Criminal damage to property* – damage when no fire/explosion
a. Agg (RF) – intentional damaging of structure, watercraft, or movable other than by fire, where it is foreseeable that
human life might be endangered.
b. Simple** – intentional damaging of property of another without consent by means other than by fire/explosion.
i. Ex. break vase on purpose during break-in); damage: $500 or more – RF; less than $500 – M*.
c. Misc.: criminal damage to pipeline facility, criminal damage to genetically engineered crops/facilities, damage to
property with intent to defraud, contaminating water supplies (public or private), criminal damage by defacing with
graffiti.
i. Criminal damage to coin operated device*
2. Criminal mischief (M*) – tampering with property of another without consent with specific intent to interfere with enjoyment or
deprive of full use (ex. letting air out of someone’s tires); false fire alarm that would reasonably; false report of crime commission
to officer; throwing stones/missile in public places; shooting a firearm at a train; communicating to employee of public utility or
water service which places him in sustained fear for his safety or which causes evacuation or discontinuation of the water service;
remaining in place of business after being told to leave (overlap with trespass); graffiti on property without consent.

CRIMINAL LAW – THEFT, FRAUD, AND UNAUTHORIZED ACTIVITY

Theft* – statutory presumption person in unexplained possession of property recently stolen is the thief (unless burglary; illegal
possession of stolen things).
1. Theft – misappropriation or taking without consent or by means of fraud, of anything of value belonging to another (title or
possession), with the specific intent to permanently deprive owner of his property (EXAM: taking other’s umbrella at restaurant;
but not if you think it’s yours – not intending to permanently deprive another.)
a. Intent to permanently deprive may be inferred when ∆: intentionally concealed on his/her person or o/w goods for sale;
altered or transferred price marking; transferred goods from one container to another or placed goods in manner to avoid
detection; willfully caused cash register or other sales device to reflect less than actual price; removed price marking
with intent to deceive merchant; or damaged/consumed goods/property so as to render unmerchantable.
b. Theft of a firearm (RF) – 1-5 years in prison + $1000 fine.
c. Identity theft – intentional use/attempted use of personal identifying information with fraudulent intent to obtain
anything of value without consent/authorization; penalty depends on value of property stolen: > $300 stolen à RF;
<$300 stolen à M, but RF if two prior theft convictions.
d. Misc. theft of: livestock, animals, utility services, petroleum products, oilfield geological survey, seismograph, etc., oil
and gas equipment, goods, timber, an alligator, motor vehicle fuel, anhydrous ammonia, business record, assets of an
aged/disabled person, used building component, crawfish, utility property, motor vehicle, copper from church/graveyard;
and failure to pay bridge toll.
2. Unauthorized use of an access card** – direct/indirect theft if used with intent to defraud to obtain anything of value (includes
access card itself, credit, ATM cards, forged, revoked, stolen, or borrowed cards); ex. permitted to buy gas, but not a coke.
a. Access card can be: person’s SS#, driver’s license #; birth date, maiden name, etc. or any account access means that can
be used to obtain anything of value.
3. Forgery (RF) – unlawful to forge with intent to defraud any signature or any part of writing purporting to have legal efficacy or
issuing, transferring, or possessing a forged writing with intent to defraud.
a. Defined – alter, make, complete, execute or authenticate any writing so it purports to be: the act of another who did not
authorize the act, or to have been executed at time or place or in manner sequence other than was in fact the case; or to
be copy of an original when no such original existed. Also to issue/transfer/pass/possess forged writing.
b. LA “worthless check statute” – SI to defraud and perp knew NSF when issued.
4. Unlawful distribution, possession or use of theft alarm detection devices – relates to devices attached to merchandise.
5. Misc.
a. Commercial bribery (M*) – paying agent with knowledge of principal and SI to influence agent’s actions.
b. Online impersonation – intentionally impersonate another actual person without that person’s consent in order to either
open an email account or other website or post or send messages through a website with intent to harm, intimidate,
threaten or defraud.
i. Also unlawful to send email, text, etc. that references a name, domain name, phone number, or other identifying
info belonging to another actual person without that other person’s consent and with intent to cause the recipient
to believe that other person authorized or transmitted the communication.
c. Computer crimes:
i. Offenses against intellectual property – destroying or taking
ii. Offenses against computer equipment or supplies* – ex. breaking computer during a break-in.
iii. Offenses against computer users
iv. Computer fraud (RF) – accessing/causing to be any computer system/network/etc. with intent to defraud or
obtain money/property/services by means of false or fraudulent conduct; Computer Fraud Statute.
v. Offenses against electronic mail
vi. Computer tampering
d. Disposal of property encumbered by security interest with intent to defeat security interest.
Fraud
1. Issuing worthless checks – specific intent to defraud and perp knew NSF when issued.
2. Credit card fraud or fraudulent acquisition of CC
3. Cheating and swindling – trick, sleight of hand, or fraud in connection with gaming.
4. Use of forged academic records
5. Home improvement fraud or mortgage fraud
6. Misc. – anti-skimming of payment card info, fraudulent acquisition of rental motor vehicle, medicare fraud, false accounting in
civil matter, refund or access device application fraud, fraud in selling agric. equip, access device fraud, fraudulent remuneration.

Unauthorized use of a movable

1. Unauthorized use of a movable – intentional taking or using of a movable that belongs to another without consent or by fraud, but
without the intent to permanently deprive. Penalty: >$1000 à RF; $1000 or less à M.
a. Unauthorized use of motor vehicle (RF) – intentional taking without authority or by fraud.
2. Unauthorized…: use of food stamp cards/coupons, removal of motor vehicles from garage/shop when payment is due*, ordering
of goods/services.

Possession of Stolen Things

1. Possession of stolen things – intentional possessing/procuring/receiving/concealing of anything of value which has been the
subject of a robbery or theft when the perp knew or had good reason to believe the thing was stolen.
a. Affirmative defense: report in writing to DA within 72 hours when knowledge/good reason to believe thing stolen.
b. Penalty - $100 or more à RF; less than $100 à M, but if two prior convictions for illegal possession à RF.
2. Illegal possession of stolen firearm – knew/should have known that firearm was subject of robbery/theft.

Escape [Big outline, not lecture]

1. Simple escape (RF) – intentional departure of person imprisoned/committed/detained from a place where person is legally
confined, designated area of place where person is legally confined, or the lawful custody of any law enforcement officer or
officer of Dept. of Corrections (including rehab, work release, etc.) under circumstances where human life is not endangered or as
a no show where supposed to be (failure to return).
2. Aggravated escape (F) – same, but when departure is under circumstances where human life is endangered.

Perjury [Big outline, not lecture]

1. Perjury (F) – intentional making of false written or oral statement made under oath or affirmation in/for use of judicial
proceeding, any proceeding before board or official authorized to take testimony, or any committee/subcommittee of legislature,
relating to matter material to the issue or question in controversy. (Mens rea: must know statement is false.)

Public Bribery [Big outline, not lecture]

1. Public bribery – giving/offering to give, directly/indirectly, anything of apparent present or prospective value to public
officer/employee or person in public authority, election official during election, grand or petit juror, witness, or any person
elected/appointed to public office.
2. Acceptance of or offer to accept, directly/indirectly, anything of apparent present or prospective value by any of the above named
persons is also public bribery.

CRIMINAL LAW – MISCELLANEOUS CRIMES

Motor Vehicles**
1. Operating a vehicle while intoxicated DWI – operating any vehicle with/without DL when: under the influence of alcohol, CDS,
or lawful drug in excessive dose, combo of alcohol and legal drugs unless package does not warn against combo, BAC = .08+.
2. Reckless operation of a motor vehicle (M*)
3. Hit and run – intentional failure to stop and give identity and to render aid at scene of an accident.
4. Misc. – forgery of insurance ID cards; driving with suspended license.

Inchoate Crimes
1. Attempt** – specific intent to commit crime and does or omits an act for purpose of and tending directly toward accomplishing
the act (immaterial: whether would have actually accomplished the purpose); mere preparation not sufficient, but something
tending directly toward accomplishing: lying in wait/searching + dangerous weapon + intent to commit crime = attempt.
a. Ex. probably attempted bank robbery – buying stocking mask and driving right near bank
2. Conspiracy** – agreement or combination of 2 or more people for the specific purpose of committing any crime coupled w/
another overt act in furtherance of accomplishing the crime. (no conviction if one secretly plans to bail – no agreement; can have
conspiracy even if parties have never directly communicated; tacit agreement sufficient; no knowledge that it’s a crime required).
a. 2 intents – intent to agree and intent to achieve a specific criminal objective (ex. deprive of property, which is a theft).
b. Guilty by association – all acts/statements in furtherance are attributable to co-conspirators (actus reus; not hearsay).
3. Inciting a felony – inciting or procuring another person to commit a felony (not murder).
4. Solicitation for murder – intentional solicitation; 1st or 2nd degree murder.
After the Fact Crimes*
1. Obstruction of justice – tampering with evidence, or threatening force or retaliation in response to testimony when the act has or
reasonably may affect the potential criminal proceeding. (EXAM: go back later and wipe away fingerprints even if no prosecution
b/c no one noticed yet; need only be potential.)
2. Accessory after the fact – harbors, conceals, or aids a felon when perp knows or reasonably should know the person committed a
felony with the specific intent to help the person avoid punishment.
3. Compounding felony – getting $/something of value from offender and agree to withhold information regarding a felony.
a. Offender offers money; if payee asks – extortion.
4. Intimidating witness or member of immediate family

Disturbing the Peace

1. Fist fight or appearing intoxicated or use of offensive or derisive words in public place, if would foreseeably disturb/alarm public.

Drugs
1. Possession of CDS
2. Possession with intent to distribute.
3. Possession of hallucinogenic plant with intent to distribute

Firearms**
5. Possession of firearm or carrying concealed weapon by a convicted felon (F) – and felony was crime of violence/attempt, which
includes CDS crime for this purpose; not 10 years after sentence or where sheriff grants permit (OP – Police Superintendent).
a. Felonies: murder, manslaughter, agg battery, agg or simple rape, agg kidnapping, agg arson, agg or simple burglary,
armed or simple robbery, burglary of pharmacy or inhabited dwelling, any drug offense that is a felony, sex offenses.
6. Illegal supplying a felon with a firearm
7. Possession of firearm in alcoholic beverage outlet (M*)
8. Illegal use of weapons or dangerous instrumentalities (RF)
9. Illegal carrying of weapons (1st offense (M*), unless firearm used (F or RF); subsequent offenses (RF)) – includes on school
grounds.
10. Carrying a firearm by student or nonstudent on school property (F)
11. Illegal carrying a firearm at a parade

Law Enforcement
1. Resisting an officer – intentional interference or resisting lawful arrest/search and seizure/service, knowing/having reason to
know that person is acting officially; (ex. running away on foot; refusing to identify himself; providing false information).
2. Resisting an officer with force or violence – more serious crime.
3. Flight from officer** – failure to bring vehicle or boat to stop after visual and audio signal (lights and siren) when officer has
probable cause; (must involve a motor vehicle of some sort).
4. Agg flight from officer** - same, and human life endangered.
5. Disarming of police officer (F) – taking firearm from person of peace officer or area within immediate control by force or
violence.
6. Registration:
a. Filing false complaint against officer for purpose of administration action
b. False personation (including lights or siren; badge)
c. Must register regarding violent offenses against peace officers.

Miscellaneous
1. Unauthorized operation of recording device in movie theater
2. Keeping disorderly place – i.e. running a whorehouse; intentional maintenance of place habitually used for illegal purpose.
3. Bear wrestling – intentional promotion or participation of bear wrestling match
4. Conducting cockfighting or PO of fighting chicken
5. Public display of noose to intimidate
6. Wearing body armor to school unless a cop
7. “Abuse of office” by using office to demand something of value
8. Unlawful disruption of school operations
9. Bail jumping
10. Illegal use of tracking device (excluding parents and employers)
Other Offenses (not in lecture outline)

Offenses against the person

1. Mingling harmful substances (RF)
7. Feticide 1st and 2nd degree (F), 3rd degree (RF)
8. Abortion (F) – administering or prescribing or using any instrument or force on a female with specific intent to terminate
pregnancy. Exceptions: preserve life/health of unborn child or remove dead child; express purpose of saving life of mother;
pregnancy result of rape but only under certain circumstances; pregnancy result of incest and abortion performed w/in 13 weeks.
a. Abortion performed by non-state-licensed physician (new law 2012)
b. Agg criminal abortion by dismemberment (new law 2012) – when unborn child is intentionally dismembered, whether in
course of or following the death of the unborn child.
9. Partial birth abortion (F) – partially delivered or removed from uterus – specific intent to kill.
10. Defamation (M*) – malicious publication or expression to anyone other than person defamed of anything, which exposes person
to hatred, contempt, or ridicule whether person dead or alive, or deprives person of public confidence or social intercourse or to
injure any persons/corporation/association or persons in their business or occupation. If statement false – presumed malicious.
Offenses against property
11. Communication of false information of planned arson (F)
12. Manufacture and possession of delayed action incendiary devices (F)
13. Manufacture and possession of bomb
14. Fake explosive device (F)
15. Damage to property with intent to defraud (RF)
16. Criminal trespass (M*) – unauthorized entry into any structure, watercraft, or movable; or intentional entry into immovable
property owned by another (but there are many affirmative defenses: lack of posting, retrieval of dog, etc.)
17. Vehicular trespass (M*)
18. Entry on or remaining in places or on land after being forbidden (M*)
19. Unauthorized entry of place of business (RF)
20. Criminal damage to property by defacing it with graffiti
Misappropriation without violence
21. Theft of utility services – 1st offense M*; subsequent offenses – RF
22. Misapplication of payment by contractors
23. Commercial bribery (M*)
Offenses affecting the family
24. Criminal neglect of family (M*)
25. Failure to pay child support obligation
26. Child abandonment (M)
27. Child desertion – 1st offense (M*); subsequent offenses (M)
28. Sale of a minor child (RF)
29. Bigamy (RF)
Offenses affecting morals
30. Prostitution – 1st offense (M*); subsequent offenses (RF); defense: victim of trafficking of children for sexual purposes.
31. Gambling or wagering cockfights
Offenses involving minors
32. Unlawful sale of weapons to minors (M*) – lack of knowledge of age is no defense.
33. Contributing to delinquency of juveniles (M*; unless wrt sexually immoral act (RF)) – lack of knowledge of age is no defense.
34. Unlawful sale of morbidly violent video games
35. Unlawful sale of alcoholic beverages to persons under 21 (M*)
36. Purchase and public possession of alcoholic beverages (M*) – person under 21 may not.
37. Indecent behavior with juveniles (RF) – person over age 17 does “lewd or lascivious” act or commits the transmission, delivery or
utterance of any textual, visual, written or oral communication depicting “lewd or lascivious” conduct on/in presence of person
under age 17, for purpose of arousing or gratifying sexual desires of either; must be > 2 year age difference; mistake as to age is
no defense.
a. LA child pornography statute – requires scienter; unlawful for a person to produce, distribute, possess, or possess with
intent to distribute pornography involving juveniles. Also unlawful for parent, legal guardian, custodian to consent to
child’ participation
38. “Sexting” – persons under 17 may not “sext”
39. Illegal trafficking of children for sexual purposes
40. Unlawful use of social networking site (new) – unlawful for person required to register as sex offender and convicted of either
indecent behavior with a juvenile, pornography involving juveniles, computer-aided solicitation of minor, or video voyeurism (or
any sex offense where V was a minor) to intentionally use a social networking website.
Public safety
41. Illegal use of weapons or dangerous instrumentalities (RF)
42. Illegal carrying of weapons (1st offense (M*), unless firearm used (F or RF); subsequent offenses (RF)) – includes on school
grounds.
43. Possession of firearm or carrying concealed weapon by person convicted of a felony (F)
44. Illegal supplying a felon with a firearm
45. Carrying a firearm by student or nonstudent on school property (F)
46. Illegal carrying a firearm at a parade
47. Possession of firearm in alcoholic beverage outlet (M*)
48. Refusal by person arrested for operating vehicle while intoxicated to submit to chemical test
49. Driving with suspended license – unless to obtain emergency medical care.
Offenses affecting the general peace and order
50. Disturbing the peace (M*)
51. Obscenity
52. Display of patently obscene words, photographs, and depictions (M*)
53. Ritualistic acts (RF)
54. Hate crimes – unlawful to select V of listed crimes on basis of age, gender, religion, color, creed, disability, sexual orientation,
national origin, etc.
Offenses affecting law enforcement
55. Resisting an officer (M*)
56. Flight from an officer (M*)
57. Aggravated flight from an officer (F) – when human life endangered; collision, 25 mph over speed limit; driving against traffic
flow, leaving roadway or forcing another to do so, failure to obey stop sign, yield sign, or light.
58. Disarming a police officer (F) – taking firearm from person of peace officer or area within immediate control by force or
violence.
59. Interfering with law enforcement investigation – intentional interference/obstruction of law enforcement officer conducting
investigative work at crime/accident scene by refusing to move or leave when ordered to do so by the officer when the offender
has reasonable grounds to believe the officer is acting in furtherance of his official duties.
Bribery and intimidation
60. Bribery of sports participants (RF)
61. Bribery of voters
62. Escape
63. Public intimidation (RF) – using violence, force, or threats on public official/figure with intent to influence his conduct in
violation of his position, employment or duty (includes public officer/employee, grand or petit juror, witness, voter, school bus
operator).
64. Jury tampering – verbal/written, direct/indirect, for purpose of influencing for corrupt or fraudulent purpose or by violence or
force or threats.
65. Obstruction of justice
66. Compounding a felony
67. Failure to report commission of certain felonies – (new) unlawful for person having knowledge of any homicide, rape, or sexual
abuse of a child to fail to report such information to a law enforcement agency or DA, except when bound by privilege of
confidentiality recognized by law (ex. Code of Evidence privileges).
68. Filing false complaint against law enforcement officer – must be for purpose of initiating administrative action.
69. Telephone communication: improper language; harassment – anonymous or not; use obscene language/suggestions; or annoy,
abuse, torment, embarrass, offend, etc.; intentionally fail to hang up; obscenity by phone directed at minor.
Offenses against privacy
70. Unlawful to manufacture, assemble, sell, offer for sale, possess, furnish, any device primarily or exclusively designed or intended
for eavesdropping on or recording the confidential communication of another.
71. Illegal use of tracking device – without consent. Exceptions: consented to tracking device in car, parents/legal guardians watching
their kids; law enforcement agencies acting pursuant to court order or lawfully using tracking devices in ongoing criminal
investigation (must keep record); any commercial motor carrier operation.
72. Electronic eavesdropping and wiretapping prohibitions
73. Willfully intercepting wire, electronic, mechanical, oral communication, or willfully disclose/use that information.
Drug offenses
74. Uniform Controlled Dangerous Substances Law – covers anabolic steroids (can’t prescribe for body building). Weed Rx ok for
cancer and glaucoma patients for therapeutic purposes; no laundering proceeds from drug t’actions.
Miscellaneous
75. Louisiana Racketeering Act
76. Louisiana Street Terrorism Enforcement and Prevention Act
77. Interference with animal research facilities
78. Computer tampering
79. Cruelty to animals
Defenses – exemption from criminal responsibility
Defenses in Nature of Excuse (we don’t support behavior, but let them go under the circumstances)
1. Infancy
a. ∆ under age 10 – exempt from criminal responsibility.
b. ∆ under age 17 – if engages in conduct which would be a crime à act of juvenile delinquency not classified as crime (w/
exceptions for 15 or 16 year olds.)
2. Insanity – ∆ incapable of distinguishing between right and wrong because of a mental disease/defect at the time of the crime.
a. LA follows M’Naghten approach (above std.): if ∆ understands that his/her acts are condemned by society, he is not
insane (not enough that he believes his acts are morally right.)
b. State may continue to confine murder ∆ acquitted on insanity only if shows by CCE that he is mentally ill and dangerous
c. LA rejects doctrine of diminished responsibility – no expert evidence that incapable of formulating the specific intent.
3. Intoxication (both alcohol and drugs)
a. Voluntary – defense only if intoxicant precluded specific intent or special knowledge of element of crime.
b. Involuntary – defense if intoxicant was direct cause of the crime.
c. O/w – intoxication of ∆ is immaterial.
4. Mistake
a. Law – ignorance of the law is no defense, unless mistake as to meaning of the law which negates intent where ∆
reasonably relied on act of repeal by legislature or LASC.
b. Fact – defense if reasonable mistake of fact negates a mental element, unless provided otherwise in the statute (ex.
carnal knowledge); mistake must be both subjective and objective; ignorance of age is never a defense.
vii. Ignorance of age is never a defense.
viii. Depends on whether argue failure of proof of SI or mistake of fact.
5. Duress – threat of death or great bodily harm to defendant, and the defendant reasonably believes the person is present (basically
right behind you) and that the harm is imminent; never a defense to murder.
6. Justification defenses – apply only where (1) ∆ believes his conduct is necessary under the circs, and (2) that belief is reasonable
under the circs (ex. deserved it – caused by adequate provocation).
a. Justifiable homicide – below.
b. Use of nonlethal force – ∆ used force to prevent forcible offense or trespass against property in a persons’ lawful
possession; force reasonable and apparently necessary to prevent offense
i. Belief and reasonableness extends both to need and degree of force necessary; justified in using force only to
the degree apparently necessary to the accomplishment of his purpose.
c. Law enforcement -
d. Defense of others – person may use force/kill in defense of an apparent victim when there is reason to believe that person
could have used such means. ∆ may act on reasonable appearances.
e. Non-lethal self-defense (if death occurs, see justifiable homicide) – ∆’s use of force which does not result in death is
justifiable when committed to prevent: (1) forcible offense against the person, or (2) forcible offense/trespass against
property.
[EXAM: rarely any true defenses; if person was not there – not really defense but failure of pro to prove actus reus element b/c not
around.]

Justifiable Homicide
1. Self-defense – ∆ believes he is in immediate danger of receiving great bodily harm and killing was necessary to save himself.
a. Aggressor cannot claim self-defense unless he had withdrawn.
2. Prevent felony – force used to prevent violent or forcible felony involving great bodily harm and defendant has reasonable belief
the offense was immediate and reasonably believed that force was necessary to prevent the offense.
3. Shoot the burglar – ∆ used force against a person in dwelling, business, or car, and the person was committing a burglary or
robbery, and the person was reasonably likely to use force against an occupant.
4. Shoot the intruder – ∆ used force against a person unlawfully in or attempting to get into a dwelling, business, or car, and the ∆
was lawfully inside and reasonably believed that deadly force was necessary to prevent entry or compel the intruder to leave.
5. Presumption: when a person is lawfully in a dwelling, place of business, or car – presumption exists that belief in necessity to use
force was reasonable if for purpose of preventing unlawful entry.
6. Aggressor – cannot claim self-defense unless he withdraws, and the adversary knows/should know that the danger is over.
7. Death under suspicious circumstances – when death results from violence or under suspicious circs and a claim of self-defense is
raised, law enforcement and coroner shall expeditiously conduct a full investigation, preserving the evidence.

Capital Punishment
1. No CP except 1st degree murder and agg rape of person under 12.
2. No CP in felony- murder unless ∆ killed, assisted killing or encouraged it. Must show mens rea. May impose even on non-killer.
3. May not execute person sentenced to death who subsequently has become insane.
4. May not execute pregnant female.
5. May not impose death penalty on person under 16 years old under statutory scheme that does not expressly so provide.
6. May not impose death penalty on offender who is mentally retarded, unless found competent to stand trial.