14:30 B.(1)First degree murder - definition of peace officer for the purposes of 14:30 A.(2)
B.(1) For the purposes of Paragraph (A)(2) of this Section, the term 'peace officer' means any peace officer, as defined in R.S. 40:2402, and includes any constable, marshal, deputy marshal, sheriff, deputy sheriff, local or state policeman, commissioned wildlife enforcement agent, federal law enforcement officer, jail or prison guard, parole officer, probation officer, judge, attorney general, assistant attorney general, attorney general's investigator, district attorney, assistant district attorney, or district attorney's investigator, coroner, deputy coroner, or coroner investigator.
Effective: 08/01/2014 - Present
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14:30 B.(2)First degree murder - definition of 'member of the immediate family' for the purposes of 14:30 A.(9)
For the purposes of Paragraph (A)(9) of this Section, the term 'member of the immediate family' means a husband, wife, father, mother, daughter, son, brother, sister, stepparent, grandparent, stepchild, or grandchild.
Effective: 08/15/2004 - Present
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14:30 B.(3)First degree murder - definition of witness for the purposes of 14:30 A.(9)
For the purposes of Paragraph (A)(9) of this Section, the term 'witness' means any person who has testified or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet commenced.
Effective: 08/15/2004 - Present
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14:30 B.(4)First degree murder - definition of correctional facility employee for purposes of 14:30 A.(12)
For purposes of Paragraph (A)(12) of this Section, the term 'correctional facility employee' means any employee of any jail, prison, or correctional facility who is not a peace officer as defined by the provisions of Paragraph (1) of this Subsection.
Effective: 08/01/2014 - Present
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14:30 C.(1)First degree murder - if seeking capital verdict, offender shall be punished by death or life imprisonment without parole, probation or suspension
If the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of Code of Criminal Procedure Article 782 relative to cases in which punishment may be capital shall apply.
Effective: 08/15/2007 - Present
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14:30 C.(2)First degree murder - if the DA does not seek a capital verdict, offender punished by life at hard labor without benefit of parole, probation or suspension
If the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. The provisions of Code of Criminal Procedure Article 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.
Effective: 08/15/2007 - Present
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14:30.1Second degree murder
Second degree murder
Effective: 09/07/1979 - Present
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14:30.1 A.(1)Second degree murder - killing when offender has specific intent to kill or inflict great bodily harm
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm
Effective: 09/07/1979 - Present
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14:30.1 A.(2)Second degree murder -killing while engaged in perpetration or attempted perpetration of certain crimes
Second degree murder is the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm.
Effective: 08/01/2015 - Present
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14:30.1 A.(3)Second degree murder - killing of a human when offender unlawfully distributes or dispenses controlled dangerous substance in Sched 1-IV
Second degree murder is the killing of a human being when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance.
Effective: 08/15/2009 - Present
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14:30.1 A.(4)Second degree murder - killing when offender distributes controlled dangerous substance to another who distributes which causes death
Second degree murder is the killing of a human being when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
Effective: 08/15/2009 - Present
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14:30.1 B.Second degree murder - punished by life imprisonment at hard labor without benefit of parole, probation or suspension of sentence
Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Effective: 01/01/1993 - Present
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14:31Manslaughter
Manslaughter is: A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed; or A homicide committed, without any intent to cause death or great bodily harm. When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or
Effective: 08/15/2008 - Present
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14:31 A.(1)Manslaughter - a homicide which would be murder but is committed in sudden passion or heat of blood caused by provocation
Manslaughter is a homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender's blood had actually cooled, or that an average person's blood would have cooled, at the time the offense was committed; or
Effective: 06/09/1991 - Present
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14:31 A.(2)(a)Manslaughter - homicide committed without intent to cause death or great bodily harm when offender engaged in felony or misdemeanor directly affecting the person
Manslaughter is a homicide committed, without any intent to cause death or great bodily harm when the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or
Effective: 06/06/1991 - Present
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14:31 A.(2)(b)Manslaughter - homicide committed without intent to cause death or great boidly harm when the offender is resisting lawful arrest and means would not be murder under Article 30 or 30.1
A. Manslaughter is a homicide committed, without any intent to cause death or great bodily harm when the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1.
Effective: 09/06/1991 - Present
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14:31.BManslaughter - Victim killed was under the age of ten years
Manslaughter penalty when victim killed was under the age of ten years
Effective: 08/15/2008 - Present
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14:313Wearing of masks, hoods, or other facial disguises in public places prohibited; penalty; exceptions; permit to conduct Mardi Gras festivities; wearing of hoods, masks, or disguises by sex offenders
Wearing of masks, hoods, or other facial disguises in public places prohibited; penalty; exceptions; permit to conduct Mardi Gras festivities; wearing of hoods, masks, or disguises by sex offenders
Effective: 08/01/2017 - Present
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14:313.1Distributing candy or gifts on Halloween and other public holidays by 'sex offenders' prohibited; penalty
Distributing candy or gifts on Halloween and other public holidays by 'sex offenders' prohibited; penalty
Effective: 08/15/2008 - Present
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14:313.1(A)Defined - Distributing candy or gifts on Halloween and other public holidays by 'sex offenders' prohibited; penalty
It shall be unlawful for any person convicted of or who pleads guilty to a sex offense specified in R.S. 24:932 to distribute candy or other gifts to persons under eighteen years of age on or concerning Halloween, Mardi Gras, Easter, Christmas, or any other recognized holiday for which generally candy is distributed or other gifts given to persons under eighteen years of age.
Effective: 08/01/2014 - Present
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14:313.1(B)Penalty- Distributing candy or gifts on Halloween and other public holidays by 'sex offenders' prohibited; penalty
Whoever violates the provisions of this Section shall be sentenced to a term of imprisonment of not less that six months nor more than three years.
Effective: 08/01/2014 - Present
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14:313ADefined -Wearing of masks, hoods, or other facial disguises in public places prohibited; penalty; exceptions; permit to conduct Mardi Gras festivities; wearing of hoods, masks, or disguises by sex offenders
A. No person shall use or wear in any public place of any character whatsoever, or in any open place in view thereof, a hood or mask, or anything in the nature of either, or any facial disguise of any kind or description, calculated to conceal or hide the identity of the person or to prevent his being readily recognized.
Effective: 08/15/1999 - Present
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14:313BPenalty-Wearing of masks, hoods, or other facial disguises in public places prohibited; penalty; exceptions; permit to conduct Mardi Gras festivities; wearing of hoods, masks, or disguises by sex offenders
B. Whoever violates this Section shall be imprisoned for not less than six months nor more than three years.
Effective: 08/15/1999 - Present
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14:313C(1)Exemption - Wearing of masks, hoods, or other facial disguises in public places prohibited; penalty; exceptions; permit to conduct Mardi Gras festivities; wearing of hoods, masks, or disguises by sex offenders
This Section shall not apply: To activities of children on Hallowe'en Halloween, to persons participating in any public parade or exhibition of an educational, religious, or historical character given by any school,church, or public governing authority, or to persons in any private residence, club, or lodge room;
Effective: 08/15/2008 - Present
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14:313C(2)Exemption -Wearing of masks, hoods, or other facial disguises in public places prohibited; penalty; exceptions; permit to conduct Mardi Gras festivities; wearing of hoods, masks, or disguises by sex offenders
This Section shall not apply: To persons participating in masquerade balls or entertainments, to persons participating in carnival parades or exhibitions during the period of Mardi Gras festivities, to persons participating in the parades or exhibitions of minstrel troupes, circuses, or other dramatic or amusement shows, or to promiscuous masking on Mardi Gras which are duly authorized by the governing authorities of the municipality in which they are held or by the sheriff of the parish if held outside of an incorporated municipality.
Effective: 08/15/2008 - Present
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