Grades of Homicide

Homicide in Louisiana: Understanding Grades & Penalties

Louisiana defines homicide as 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 the killing of a person caused by someone operating or in physical control of a motor vehicle, aircraft, watercraft, or other means of conveyance when alcohol or drug impairment is a contributing factor, whether or not there was intent to cause death or great bodily harm. This includes a blood alcohol concentration of 0.08 percent or higher or impairment by alcohol, drugs, or a combination of both. Penalty is a fine of $2,000 to $15,000 and imprisonment, with or without hard labor, for five to 30 years, with at least three years served without benefit of probation, parole, or suspension of sentence (La. R.S. 14:32.1).