Criminal Statutes

CRIMINAL STATUTES (NO ONE SHOULD BE ABOVE THE LAW)

cited: hhtp://www.legis.state.la.us/lss.asp?folder=88

*Red line notations point to alleged violations committed in my case – You be the Judge.

RS 14:8 Criminal Conduct: Criminal conduct consists of:

(1)  An act or a failure to act that produces criminal consequences, and which is combined with criminal intent; or

(2)  A mere act or failure to act that produces criminal consequences, where there is no requirement of criminal intent; or

(3)  Criminal negligence that produces criminal consequences

R.S. 14:47 SUB PART E.  Defamation: Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1)  To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2)  To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3)  To injure any person, corporation, or association of persons in his or their business or occupation.

Whoever commits the crime of defamation shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

Amended by Acts 1968, No. 647, §1.

RS 14:48 –  Presumption of malice

Where a non-privileged defamatory publication or expression is false it is presumed to be malicious unless a justifiable motive for making it is shown.

Where such a publication or expression is true, actual malice must be proved in order to convict the offender.

RS 14:67 Theft – Subpart C.  By Misappropriation without violence.

A.  Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.  An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.

B.(1)  Whoever commits the crime of theft when the misappropriation or taking amounts to a value of one thousand five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2)  When the misappropriation or taking amounts to a value of five hundred dollars or more, but less than a value of one thousand five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than two thousand dollars, or both.

(3)  When the misappropriation or taking amounts to less than a value of five hundred dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than one thousand dollars, or both.  If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.

C.  When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense.

D.  Repealed by Acts 2001, No. 944, §4.

Acts 1990, No. 118, §1; Acts 1999, No. 338, §1; Acts 1999, No. 1251, §1; Acts 2001, No. 944, §4; Acts 2006, No. 82, §1; Acts 2010, No. 585, §1.

RS 14:26 Criminal Conspiracy: SUBPART E.  INCHOATE OFFENSES

A.  Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.

If the intended basic crime has been consummated, the conspirators may be tried for either the conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the other.

B.  Whoever is a party to a criminal conspiracy to commit any crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; provided, however, whoever is a party to a criminal conspiracy to commit a crime punishable by death or life imprisonment shall be imprisoned at hard labor for not more than thirty years.

C.  Whoever is a party to a criminal conspiracy to commit any other crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; but such fine or imprisonment shall not exceed one-half of the largest fine, or one-half the longest term of imprisonment prescribed for such offense, or both. Amended by Acts 1977, No. 538, §1.

RS 14:16 Mistake of Facts: §16.  Unless there is a provision to the contrary in the definition of a crime, reasonable ignorance of fact or mistake of fact which precludes the presence of any mental element required in that crime is a defense to any prosecution for that crime

RS 14:133 Filing False Public Records: any document containing false statement or false representation of material fact,

Title LXII Criminal Code Chapter 637 – 638 Theft by deception – A person commits theft by deception if he obtains or exercises control over a property of another by deception. Deception occurs when a person purposely an impression which is false, false impressions of law, influencing another to whom he stands in a fiduciary.

Theft Act of 1978 – Fraud Act of 2006,