Homicide in Louisiana: Understanding Grades & Penalties

Five Grades of Homicides – Intent & Penalties

penalties Homicide is the killing of a human being by the act, procurement, or culpable omission of another, and is categorized into five grades (La. R.S. 14:29):

First degree murder

First degree murder, the most severe, is committed with the specific intent to kill or to inflict great bodily harm under specific aggravating circumstances (La. R.S. 14:30). Penalty ranges from death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, depending on whether the district attorney sought a capital verdict (La. C.Cr.P. art 782).

Second degree murder

Second degree murder is committed with the specific intent to kill or to inflict great bodily harm, or when engaged in the perpetration or attempted perpetration of certain offenses with no intent to kill or to inflict great bodily harm, or the illegal distribution of a controlled substance that directly resulted in death. Penalty is life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. (La. R.S. 14:30.1).

Manslaughter

Manslaughter, a lesser charge than murder, is committed in “sudden passion” immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection; there’s no intent to cause death or great bodily harm. Penalty is imprisonment at hard labor for not more than 40 years. If the victim was under 10 years old, imprisonment shall be at hard labor, without benefit of probation or suspension of sentence, for not less than 10 years nor more than 40 years (La. R.S. 14:31).

Negligent homicide

Negligent homicide involves a killing caused by criminal negligence, reckless animal containment, or the operation of a vehicle, aircraft, watercraft or other conveyance. Penalties range from up to 10 years imprisonment, with or without hard labor, a fine of up to $5000, or both. However, if the victim was under 10 years old, the mandatory sentence is imprisonmrnt at hard labor for two to 10 years without the benefit of probation, parole, or suspension of sentence (La. R.S. 14:32).

Vehicular homicide

Vehicular homicide is a killin caused proximately or directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing: blood alcohol concentration is 0.08 percent or more. Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than five years nor more than thirty years. At least three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. If the operator’s blood alcohol concentration is 0.15 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. If the offender was previously convicted of a violation of R.S. 14:98, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence

https://legis.la.gov/legis/Law.aspx?d=78410