§ 14:30 — First degree murder

Louisiana § 14:30

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§30. First degree murder
A. First degree murder is the killing of a human being:
(1) When the offender has specific intent to kill or to inflict great bodily harm and
is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second
degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape,
forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by
shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to
juveniles, second degree cruelty to juveniles, or cruelty to the elderly and persons with
infirmities.
(2) When the offender has a specific intent to kill or to inflict great bodily harm upon
a fireman, peace officer, or civilian employee of the Louisiana State Police Crime Laboratory
or any other forensic laboratory engaged in the performance of his lawful duties, or when the
specific intent to kill or to inflict great bodily harm is directly related to the victim's status
as a fireman, peace officer, or civilian employee.
(3) When the offender has a specific intent to kill or to inflict great bodily harm upon
more than one person.
(4) When the offender has specific intent to kill or inflict great bodily harm and has
offered, has been offered, has given, or has received anything of value for the killing.
(5) When the offender has the specific intent to kill or to inflict great bodily harm
upon a victim who is under the age of twelve or sixty-five years of age or older.
(6) When the offender has the specific intent to kill or to inflict great bodily harm
while engaged in the distribution, exchange, sale, or purchase, or any attempt thereof, of a
controlled dangerous substance listed in Schedules I, II, III, IV, or V of the Uniform
Controlled Dangerous Substances Law.
(7) When the offender has specific intent to kill or to inflict great bodily harm and
is engaged in the activities prohibited by R.S. 14:107.1(C)(1).
(8) When the offender has specific intent to kill or to inflict great bodily harm and
there has been issued by a judge or magistrate any lawful order prohibiting contact between
the offender and the victim in response to threats of physical violence or harm which was
served on the offender and is in effect at the time of the homicide.
(9) When the offender has specific intent to kill or to inflict great bodily harm upon
a victim who was a witness to a crime or was a member of the immediate family of a witness
to a crime committed on a prior occasion and:
(a) The killing was committed for the purpose of preventing or influencing the
victim's testimony in any criminal action or proceeding whether or not such action or
proceeding had been commenced; or
(b) The killing was committed for the purpose of exacting retribution for the victim's
prior testimony.
(10) When the offender has a specific intent to kill or to inflict great bodily harm
upon a taxicab driver who is in the course and scope of his employment. For purposes of this
Paragraph, "taxicab" means a motor vehicle for hire, carrying six passengers or less,
including the driver thereof, that is subject to call from a garage, office, taxi stand, or
otherwise.
(11) When the offender has a specific intent to kill or inflict great bodily harm and
the offender has previously acted with a specific intent to kill or inflict great bodily harm that
resulted in the killing of one or more persons.
(12) When the offender has a specific intent to kill or to inflict great bodily harm
upon a correctional facility employee who is in the course and scope of his employment.
B.(1) For the purposes of Paragraph (A)(2) of this Section, the term "peace officer"
means any peace officer, as defined in R.S. 40:2402, and includes any constable, marshal,
deputy marshal, sheriff, deputy sheriff, local or state policeman, commissioned wildlife
enforcement agent, federal law enforcement officer, jail or prison guard, parole officer,
probation officer, judge, attorney general, assistant attorney general, attorney general's
investigator, district attorney, assistant district attorney, or district attorney's investigator,
coroner, deputy coroner, or coroner investigator.
(2) For the purposes of Paragraph (A)(9) of this Section, the term "member of the
immediate family" means a husband, wife, father, mother, daughter, son, brother, sister,
stepparent, grandparent, stepchild, or grandchild.
(3) For the purposes of Paragraph (A)(9) of this Section, the term "witness" means
any person who has testified or is expected to testify for the prosecution, or who, by reason
of having relevant information, is subject to call or likely to be called as a witness for the
prosecution, whether or not any action or proceeding has yet commenced.
(4) For purposes of Paragraph (A)(12) of this Section, the term "correctional facility
employee" means any employee of any jail, prison, or correctional facility who is not a peace
officer as defined by the provisions of Paragraph (1) of this Subsection.
C.(1) If the district attorney seeks a capital verdict, the offender shall be punished
by death or life imprisonment at hard labor without benefit of parole, probation, or
suspension of sentence, in accordance with the determination of the jury. The provisions of
Code of Criminal Procedure Article 782 relative to cases in which punishment may be capital
shall apply.
(2) If the district attorney does not seek a capital verdict, the offender shall be
punished by life imprisonment at hard labor without benefit of parole, probation or
suspension of sentence. The provisions of Code of Criminal Procedure Article 782 relative
to cases in which punishment is necessarily confinement at hard labor shall apply.

Legislative History

Amended by Acts 1973, No. 109, §1; Acts 1975, No. 327, §1; Acts 1976, No. 657, §1; Acts 1979, No. 74, §1, eff. June 29, 1979; Acts 1985, No. 515, §1; Acts 1987, No. 654, §1; Acts 1987, No. 862, §1; Acts 1988, No. 779, §2, eff. July 18, 1988; Acts 1989, No. 373, §1; Acts 1989, No. 637, §2; Acts 1990, No. 526, §1; Acts 1992, No. 296, §1; Acts 1993, No. 244, §1; Acts 1993, No. 496, §1; Acts 1999, No. 579, §1; Acts 1999, No. 1359, §1; Acts 2001, No. 1056, §1; Acts 2002, 1st Ex. Sess., No. 128, §2; Acts 2003, No. 1223, §1; Acts 2004, No. 145, §1; Acts 2004, No. 649, §1; Acts 2006, No. 53, §1; Acts 2007, No. 125, §1; Acts 2009, No. 79, §1, eff. June 18, 2009; Acts 2012, No. 679, §1; Acts 2014, No. 157, §1; Acts 2014, No. 390, §2; Acts 2015, No. 184, §1; Acts 2025, No. 343, §1.