What is a Crime of Violence in Louisiana?
The law pertaining to Louisiana Crime of violence can be found under Louisiana Revised Statutes 14:2(B). An offense is considered a crime of violence when it 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. These offenses cannot be expunged from your record. 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
(10) Second Degree Rape
(11) Third Degree Rape
(12) Sexual battery
(13) Second degree sexual battery
(14) Intentional exposure to AIDS virus
(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
(26) Assault by drive-by shooting
(27) Aggravated crime against nature
(28) Carjacking
(30) Terrorism
(31) Aggravated second degree battery
(32) Aggravated assault upon a peace officer with a firearm
(33) Aggravated assault with a firearm
(34) Armed robbery; use of firearm; additional penalty
(36) Disarming of a peace officer
(37) Stalking
(38) Second degree cruelty to juveniles
(39) Aggravated flight from an officer
(41) Battery of a police officer
(42) Trafficking of children for sexual purposes
(43) Human trafficking
(44) Home invasion
(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(M)(2) or (N).
(49) Battery of a dating partner punishable under R.S. 14:34.9(L)(2) or (M).
(50) Violation of a protective order if the violation involves a battery or any crime of violence as defined by this Subsection against the person for whose benefit the protective order is in effect.
(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 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.
Under law for crime of violence in Louisiana, “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.
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Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.