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Louisiana POST - Elements of Criminal Conduct; Statutes (Questions & Answers) Graded A+
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Louisiana POST - Elements of Criminal Conduct; Statutes (Questions & Answers) Graded A+
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Louisiana POST - Elements of Criminal Conduct; Statutes (Questions & Answers) Graded A+crime defined Answer - LRS 14:7
a crime is that conduct which is defined as criminal in this code or in other acts of the
legislature, or in the constitution of this state.
criminal intent Answer - LRS 14:10
_____ _______ may be specific or general
specific criminal intent Answer - _____ _____ ____ is that state of mind which exists
when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. (LRS 14:10)
general criminal intent Answer - ____ ____ ____ is present whenever there is specific intent, and also when the circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act. (LRS 14:10).
criminal negligence Answer - LRS 14:12
______ _____ exists when, altho neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offenders conduct amounts to a gross deviation below the the standard to care expected to be maintained by a reasonably careful man under like circumstances.
infancy Answer - LRS 14:13
________ is those who have not reached the age of 10 yrs are exempt from criminal responsibility. However, nothing in this article shall affect the jurisdiction of juvenile courts as established by the constitution and statutes of this state.
insanity Answer - LRS 14:14=
if the circumstances indicate that because of a mental disease or defect the offender was incapable of distinguishing right and wrong with reference to the conduct in question, the offender shall be exempt from criminal responsibility.
intoxication Answer - LRS 14:15 the fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except as follows: (1) where the production of the intoxicated or drugged condition has been involuntary, and the circumstances indicate this condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility. (2)where the circumstances indicate that an intoxicated or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime.
mistake of fact Answer - LRS 14:16
unless there is a provision to the contrary in the definition of a crime, reasonable ignorance of fact or mistake of fact which precludes the presence of any mental element required in that crime is a defense to any prosecution for that crime.
mistake of law Answer - LRS 14:17
ignorance of the provision of this code or of any criminal statute is NOT a defense to any criminal prosecution. However, mistake of law which results in the lack of an intention that consequences which are criminal shall follow, is a defense to a criminal
prosecution under the following circumstances:
(a) where the offender reasonably relied on the act of the legislature in repealing an existing criminal provision, or in otherwise purporting to make the offenders conduct lawful; or (b) where the offender reasonably relied in a final judgement of a competent court of last resort that a provision making the conduct in question criminal was unconstitutional
justification Answer - LRS 14:18
the fact that an offenders conduct is justifiable, altho otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct. This defense of justification can be claimed under the following circumstances: (a) when the offenders conduct is an apparently authorized an reasonable fulfillment of any duties of public office; or
(b) when the offenders conduct is a reasonable accomplishment of an arrest which is
lawful under the code of criminal procedure; or (c) when for any reason the offenders
conduct is authorized by law; or (d) when the offenders conduct is reasonable discipline of minors by their parents, tutors, or teachers; or (e) when the crime consists of failure to perform an affirmative duty and the failure to perform is caused by physical impossibility; or (f) when any crime, except murder, is committed thru the
compulsion of threats by another of death or great bodily harm, and the offender reasonably believes the person making threats is present and would immediately carry out the threats if the crime were not committed; or when the offenders conduct is in defense of person or of property under any circumstances described in articles 19-22.
use of force or violence in defense Answer - LRS 14:19
the use of force or violence upon the person of another is justifiable under either the following circumstances: when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a persons lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense; when committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in RS 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, and the person using the force or violence reasonably believes that the use of force or violence is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
justifiable homicide Answer - LRS 14:20
a homicide is justifiable: when committed in self defense by one who reasonably believes that he is imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger; when committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony w/out the killing; when committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person present in a motor vehicle as defined in RS 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle; when committed by a person lawfully inside a dwelling, business or motor vehicle as defined in RS 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, business or motor vehicle, or who has made an unlawful entry into the dwelling, business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent entry or to compel the intruder to leave the dwelling, business or motor vehicle; the provisions of this paragraph shall NOT apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of
aggressor cannot claim self defense Answer - LRS 14:21
a person who is the aggressor or who brings on a difficulty cannot claim the right of self defense unless he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict.
defense of others Answer - LRS 14:22
it is justifiable to use force or violence or to kill in the defense of another person when it is reasonably apparent that the person attacked could have justifiably used such means himself, and when it is reasonably believed that such intervention is necessary to protect the other person.
parties classified Answer - LRS 14:23
the parties to crimes are classified as: principals and accessories after the fact.
principals Answer - LRS 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 & abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.
accessories after the fact Answer - LRS 14:25
an ____ ____ _____ ____ is any person who, after the commission of the felony, shall harbor, conceal, or aid the offender knowing or having grounds to believe that he has committed the felony, and with the intent that he may avoid or escape from arrest, trial, conviction, or punishment.
*Whoever violates this offense shall be fined not more than $500 or imprisoned w/ or
w/out hard labor, for not more than 5 yrs or both
criminal conspiracy Answer - LRS 14:26
_______ _______ is the agreement or combo of 2 or more persons for the specific purpose of committing any crime; provided that an agreement or combo to commit a crime shall NOT amount to a ______ ______ unless, in addition to such agreement or combo, 1 or more of such parties does not act in Furtherance of the object of the agreement or combo.
*whoever is a party to a ____ ____ to commit any crime shall be fined or imprisoned or both in the same manner as for the offense contemplated by the conspirators; provided whoever is a part to a ______ ______ to commit a crime punishable by death or life imprisonment shall be imprisoned at hard labor for not more than 30 yrs.
attempt Answer - LRS 14:27
any person who, having specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended: and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose. Whoever attempts to commit any crime shall be punished as follows:
(1) if the offense so attempted is punishable by death or life imprisonment, he shall be imprisoned at hard labor for not less than 10 nor more than 50 yrs w/out benefit of
parole, probation, or suspension of sentence. (2) if attempted against peace officer: hard labor for not less than 20 nor more than 50 yrs w/out parole, probation, or suspended sentence
(3) attempted theft or receiving stolen things (not felony): fined $200, imprisoned for not more than 1 yr or both
(4) received stolen things (felony): fined $200, imprisoned for not more than 1 year or
both
(5) theft of amount not less than $750-25000: fined $500, imprisoned for 1 yr or both.
(6) theft of greater than $25000: fined $2000, imprisoned w/ or w/out hard labor, for 5
yrs or both
inciting a felony Answer - LRS 14:28
_____ _____ _____ is the endeavor by 1 or more persons to incite or procure another person to commit a felony.
punishment:
(1) fine of $1000 or imprisoned (w/ or w/out hard labor) for 2 yrs or both.
(2) if over 17 procures under 17 to incite felony, fined $1000 & imprisoned for 5 yrs.
solicitation for murder Answer - LRS 14:28.1
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