Louisiana § RS 14:2 - Definitions

§ RS 14:2. Definitions

            A. In this Code the terms enumerated shall have the designated meanings:

            (1) "Another" refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof.

            (2) "Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other service available for hire. It must be construed in the broad popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property." In all cases involving shoplifting the term "value" is the actual retail price of the property at the time of the offense.

            (3) "Dangerous weapon" includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm.

            (4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor.

            (5) "Foreseeable" refers to that which ordinarily would be anticipated by a human being of average reasonable intelligence and perception.

            (6) "Misdemeanor" is any crime other than a felony.

            (7) "Person" includes a human being from the moment of fertilization and implantation and also includes a body of persons, whether incorporated or not.

            (8) "Property" refers to both public and private property, movable and immovable, and corporeal and incorporeal property.

            (9) "Public officer", "public office", "public employee", or "position of public authority" means and applies to any executive, ministerial, administrative, judicial, or legislative officer, office, employee or position of authority respectively, of the state of Louisiana or any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department, or institution of said state, parish, municipality, district, or other political subdivision.

            (10) "State" means the state of Louisiana, or any parish, municipality, district, or other political subdivision thereof, or any agency, board, commission, department, or institution of said state, parish, municipality, district, or other political subdivision.

            (11) "Unborn child" means any individual of the human species from fertilization and implantation until birth.

            (12) "Whoever" in a penalty clause refers only to natural persons insofar as death or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty clause refers to any person.

            B. In this Code, "crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence":

            (1) Solicitation for murder.

            (2) First degree murder.

            (3) Second degree murder.

            (4) Manslaughter.

            (5) Aggravated battery.

            (6) Second degree battery.

            (7) Aggravated assault.

            (8) Aggravated kidnapping of a child.

            (9) Aggravated or first degree rape.

            (10) Forcible or second degree rape.

            (11) Simple or third degree rape.

            (12) Sexual battery.

            (13) Second degree sexual battery.

            (14) Intentional exposure to AIDS virus.

            (15) Aggravated kidnapping.

            (16) Second degree kidnapping.

            (17) Simple kidnapping.

            (18) Aggravated arson.

            (19) Aggravated criminal damage to property.

            (20) Aggravated burglary.

            (21) Armed robbery.

            (22) First degree robbery.

            (23) Simple robbery.

            (24) Purse snatching.

            (25) False imprisonment; offender armed with dangerous weapon.

            (26) Assault by drive-by shooting.

            (27) Aggravated crime against nature.

            (28) Carjacking.

            (29) Molestation of a juvenile or a person with a physical or mental disability.

            (30) Terrorism.

            (31) Aggravated second degree battery.

            (32) Aggravated assault upon a peace officer.

            (33) Aggravated assault with a firearm.

            (34) Armed robbery; use of firearm; additional penalty.

            (35) Second degree robbery.

            (36) Disarming of a peace officer.

            (37) Stalking.

            (38) Second degree cruelty to juveniles.

            (39) Aggravated flight from an officer.

            (40) Sexual battery of persons with infirmities.

            (41) Battery of a police officer.

            (42) Trafficking of children for sexual purposes.

            (43) Human trafficking.

            (44) Home invasion.

            (45) Domestic abuse aggravated assault.

            (46) Vehicular homicide, when the operator's blood alcohol concentration exceeds

0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.

            (47) Aggravated assault upon a dating partner.

            (48) Domestic abuse battery punishable under R.S. 14:35.3(L), (M)(2), (N), (O), or (P).

            (49) Battery of a dating partner punishable under R.S. 14:34.9(L), (M)(2), (N), (O), or (P).

            (50) Violation of a protective order punishable under R.S. 14:79(C).

            (51) Criminal abortion.

            (52) First degree feticide.

            (53) Second degree feticide.

            (54) Third degree feticide.

            (55) Aggravated abortion by dismemberment.

            (56) Battery of emergency room personnel, emergency services personnel, or a healthcare professional.

            (57) Possession of a firearm or carrying of a concealed weapon by a person convicted of certain felonies in violation of R.S. 14:95.1(D).

            (58) Distribution of fentanyl or carfentanil punishable under R.S. 40:967(B)(4)(f).

            (59) Distribution of heroin punishable under R.S. 40:966(B)(3)(b).

            (60) Simple burglary of an inhabited dwelling when a person is present in the dwelling, house, apartment, or other structure.

            (61) Illegal use of weapons or dangerous instrumentalities.

            (62) First degree vehicular negligent injuring, when the operator's blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.

            C. For purposes of this Title, "serious bodily injury" means bodily injury which involves unconsciousness; extreme physical pain; protracted and obvious disfigurement; protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or a substantial risk of death. For purposes of R.S. 14:403, "serious bodily injury" shall also include injury resulting from starvation or malnutrition.

            Amended by Acts 1962, No. 68, §1; Acts 1976, No. 256, §1; Acts 1977, No. 128, §1; Acts 1989, No. 777, §1; Acts 1992, No. 1015, §1; Acts 1994, 3rd Ex. Sess., No. 73, §1; Acts 1995, No. 650, §1; Acts 1995, No. 1223, §1; Acts 2001, No. 301, §2; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 637, §1; Acts 2004, No. 651, §1; Acts 2004, No. 676, §1; Acts 2006, No. 72, §1; Acts 2008, No. 619, §1; Acts 2010, No. 387, §1; Acts 2010, No. 524, §1; Acts 2014, No. 194, §1; Acts 2014, No. 280, §1, eff. May 28, 2014; Acts 2014, No. 602, §7, eff. June 12, 2014; Acts 2015, No. 184, §1; Acts 2016, No. 225, §1; Acts 2017, No. 84, §1; Acts 2017, No. 281, §3; Acts 2018, No. 293, §1; Acts 2018, No. 674, §1, eff. June 1, 2018; Acts 2019, No. 2, §1; Acts 2020, No. 101, §1; Acts 2021, No. 484, §1; Acts 2022, No. 75, §1; Acts 2022, No. 129, §1; Acts 2022, No. 173, §1; Acts 2022, No. 465, §1, eff. June 15, 2022; Acts 2022, No. 671, §2; Acts 2022, No. 702, §1, eff. June 18, 2022; Acts 2023, No. 399, §2; Acts 2023, No. 419, §1; Acts 2024, 2^nd Ex. Sess., No. 17, §1; Acts 2024, No. 523, §1.