§2. Definitions
A. In this Code the terms enumerated shall have the designated meanings:
(1) "Another" refers to any other person or legal entity, including the state of
Louisiana or any subdivision thereof.
(2) "Anything of value" must be given the broadest possible construction,
including any conceivable thing of the slightest value, movable or immovable, corporeal
or incorporeal, public or private, and including transportation, telephone and telegraph
services, or any other service available for hire. It must be construed in the broad popular
sense of the phrase, not necessarily as synonymous with the traditional legal term
"property." In all cases involving shoplifting the term "value" is the actual retail price of
the property at the time of the offense.
(3) "Dangerous weapon" includes any gas, liquid or other substance or
instrumentality, which, in the manner used, is calculated or likely to produce death or
great bodily harm.
(4) "Felony" is any crime for which an offender may be sentenced to death or
imprisonment at hard labor.
(5) "Foreseeable" refers to that which ordinarily would be anticipated by a human
being of average reasonable intelligence and perception.
(6) "Misdemeanor" is any crime other than a felony.
(7) "Person" includes a human being from the moment of fertilization and
implantation and also includes a body of persons, whether incorporated or not.
(8) "Property" refers to both public and private property, movable and immovable,
and corporeal and incorporeal property.
(9) "Public officer", "public office", "public employee", or "position of public
authority" means and applies to any executive, ministerial, administrative, judicial, or
legislative officer, office, employee or position of authority respectively, of the state of
Louisiana or any parish, municipality, district, or other political subdivision thereof, or of
any agency, board, commission, department, or institution of said state, parish,
municipality, district, or other political subdivision.
(10) "State" means the state of Louisiana, or any parish, municipality, district, or
other political subdivision thereof, or any agency, board, commission, department, or
institution of said state, parish, municipality, district, or other political subdivision.
(11) "Unborn child" means any individual of the human species from fertilization
and implantation until birth.
(12) "Whoever" in a penalty clause refers only to natural persons insofar as death
or imprisonment is provided, but insofar as a fine may be imposed "whoever" in a penalty
clause refers to any person.
B. In this Code, "crime of violence" means an offense that 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. 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.
(5) Aggravated battery.
(6) Second degree battery.
(7) Aggravated assault.
(8) Aggravated kidnapping of a child.
(9) Aggravated or first degree rape.
(10) Forcible or second degree rape.
(11) Simple or third degree rape.
(l2) Sexual battery.
(13) Second degree sexual battery.
(14) Intentional exposure to AIDS virus.
(15) Aggravated kidnapping.
(16) Second degree kidnapping.
(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.
(25) False imprisonment: offender armed with dangerous weapon.
(26) Assault by drive-by shooting.
(27) Aggravated crime against nature.
(28) Carjacking.
(29) Molestation of a juvenile or a person with a physical or mental disability.
(30) Terrorism.
(31) Aggravated second degree battery.
(32) Aggravated assault upon a peace officer.
(33) Aggravated assault with a firearm.
(34) Armed robbery; use of firearm; additional penalty.
(35) Second degree robbery.
(36) Disarming of a peace officer.
(37) Stalking.
(38) Second degree cruelty to juveniles.
(39) Aggravated flight from an officer.
(40) Sexual battery of persons with infirmities.
(41) Battery of a police officer.
(42) Trafficking of children for sexual purposes.
(43) Human trafficking.
(44) Home invasion.
(45) Domestic abuse aggravated assault.
(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(L), (M)(2), (N), (O), or
(P).
(49) Battery of a dating partner punishable under R.S. 14:34.9(L), (M)(2), (N),
(O), or (P).
(50) Violation of a protective order punishable under R.S. 14:79(C).
(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 or carfentanil 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.
C. For purposes of this Title, "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.
Amended by Acts 1962, No. 68, §1; Acts 1976, No. 256, §1; Acts 1977, No. 128,
§1; Acts 1989, No. 777, §1; Acts 1992, No. 1015, §1; Acts 1994, 3rd Ex. Sess., No. 73,
§1; Acts 1995, No. 650, §1; Acts 1995, No. 1223, §1; Acts 2001, No. 301, §2. Acts 2002,
1st Ex. Sess., No. 128, §2, eff. June 16, 2002; Acts 2003, No. 637, §1; Acts 2004, No.
651, §1; Acts 2004, No. 676, §1; Acts 2006, No. 72, §1; Acts 2008, No. 619, §1, eff.
August 15, 2008; Acts 2010, No. 387, §1, eff. August 15, 2010; Acts 2010, No. 524, §1,
eff. August 15, 2010; Acts 2014, No. 194, §1, eff. August 1, 2014; Acts 2014, No. 280,
§1, eff. May 25, 2014; Acts 2014, No. 602, §7, eff. June 12, 2014; Added by Acts 2015,
No. 184, §1, eff. August 1, 2015; Acts 2016, No. 225, §1, eff. August 1, 2016; Acts 2017,
No. 84, §1; Acts 2018, No. 293, §1, eff. August 1, 2018; Acts 2018, No. 674, §1, eff.
June 1, 2018; Acts 2019, No. 2, §2, eff. August 1, 2019; Acts 2020, No. 101, §1, eff.
August 1, 2020; Acts 2021, No. 484, §1, eff. August 1, 2021; Acts 2022, No. 75, §1, eff.
August 1, 2022; Acts 2022, No. 129, §1, eff. August 1, 2022; Acts 2022, No. 173, §1, eff.
August 1, 2022; Acts 2022, No. 465, §1, eff. June 15, 2022; Acts 2022, No. 671, §2, eff.
August 1, 2022; Acts 2022, No. 702, §1, eff. June 18, 2022; Acts 2023, No. 399, §2, eff.
August 1, 2023; Acts 2023, No. 419, §1, eff. August 1, 2023; Acts 2024, 2nd E.S., No. 17,
§3, eff. April 29, 2024; Acts 2024, No. 523, §1, eff. August 1, 2024.
Notes of Decisions
Cited in
1,064
cases (
92 in the last 5 years), 1957–2026 · leading case:
State v. Oliphant, 113 So. 3d 165 (La. 2013).
State v. Oliphant, 113 So. 3d 165 (La. 2013).
· cites it 37× “For the following reasons, we find the offense of vehicular homicide is a crime of violence pursuant to La.Rev.Stat. § 14:2 as the offense involves the use of physical force and the substantial risk that force will be used against another person in the commission of the offense…”
State of Louisiana v. Sean Holloway, 217 So. 3d 343 (La. 2016).
· cites it 22× “When the court imposes a sentence, the court shall designate whether the crime involved is a crime of violence or an attempted crime of violence as defined or enumerated in R.S. 14:2(B). B. Notwithstanding any provision of law to the contrary, if a person is convicted of or…”
State v. Grimes, 16 So. 3d 418 (La. Ct. App. 2009).
· cites it 10× “2d 29 , this Court discussed the retroactivity of the statute that defines crimes of violence, LSA-R.S. 14:2. In Mourra, the defendant was charged with possession of a firearm by a convicted felon, which prohibits a person who has been convicted of a crime of violence as defined…”
State v. Smith, 47 So. 3d 553 (La. Ct. App. 2010).
· cites it 14× “R.S. 14:2 provides, in pertinent part: *556 B.”
State v. Fontenot, 934 So. 2d 935 (La. Ct. App. 2006).
· cites it 10× “R.S. 14:2(13). 2. In light of mitigating factors and circumstances in this case, the trial court erred in imposing an unconstitutionally excessive sentence for the defendant.”
State v. Parker, 871 So. 2d 317 (La. 2004).
· cites it 4× “R.S. 14:2(13) or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or any other crime punishable by imprisonment for more than twelve years, the person shall be imprisoned for the remainder of his natural life,…”
State v. Mourra, 940 So. 2d 29 (La. Ct. App. 2006).
· cites it 13× “R.S. 14:2 in 1992, defining the term "crime of violence" and delineating certain offenses as crimes of violence, aggravated flight from an officer was not included.”
State v. Harbor, 817 So. 2d 223 (La. Ct. App. 2002).
· cites it 6× “14:2(13) or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or of any other crime punishable by imprisonment for more than twelve years, the person shall be imprisoned for the remainder of his natural life,…”
State v. Taves, 861 So. 2d 144 (La. 2003).
· cites it 4× “R.S. 14:2(13) ... (r)...."). With regard to the lengths of the terms imposed, by any measure, respondent's conduct manifested deliberate cruelty to the victim, and he had used threats of or actual violence, as well as a dangerous weapon, in the commission of the crimes.”
State v. Mitchell, 7 So. 3d 744 (La. Ct. App. 2009).
· cites it 9× “Because the instant conviction is his second for a crime of violence 3 as currently defined by LSA-R.S. 14:2 B, (and as defined by LSA-R.”
State v. Allen, 828 So. 2d 622 (La. Ct. App. 2002).
· cites it 2× “1(A)(1)(b)(ii) stated: (ii) If the third felony or either of the two prior felonies is a felony defined as a crime of violence under R.S. 14:2(13) or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or any…”
La. Rev. Stat. § 14:2(1): 1 case
La. Rev. Stat. § 14:2(10): 2 cases
La. Rev. Stat. § 14:2(11): 1 case
La. Rev. Stat. § 14:2(13): 292 cases
State v. Fontenot, 934 So. 2d 935 (La. Ct. App. 2006).
“R.S. 14:2(13). 2. In light of mitigating factors and circumstances in this case, the trial court erred in imposing an unconstitutionally excessive sentence for the defendant.”
State v. Parker, 871 So. 2d 317 (La. 2004).
“R.S. 14:2(13) or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or any other crime punishable by imprisonment for more than twelve years, the person shall be imprisoned for the remainder of his natural life,…”
State v. Harbor, 817 So. 2d 223 (La. Ct. App. 2002).
“14:2(13) or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or of any other crime punishable by imprisonment for more than twelve years, the person shall be imprisoned for the remainder of his natural life,…”
State v. Mourra, 940 So. 2d 29 (La. Ct. App. 2006).
“R.S. 14:2 in 1992, defining the term "crime of violence" and delineating certain offenses as crimes of violence, aggravated flight from an officer was not included.”
State v. Allen, 828 So. 2d 622 (La. Ct. App. 2002).
“1(A)(1)(b)(ii) stated: (ii) If the third felony or either of the two prior felonies is a felony defined as a crime of violence under R.S. 14:2(13) or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for more than five years or any…”
La. Rev. Stat. § 14:2(13)(1): 3 cases
La. Rev. Stat. § 14:2(13)(5): 1 case
La. Rev. Stat. § 14:2(13)(Z): 1 case
La. Rev. Stat. § 14:2(13)(a): 6 cases
La. Rev. Stat. § 14:2(13)(b): 1 case
La. Rev. Stat. § 14:2(13)(bb): 3 cases
La. Rev. Stat. § 14:2(13)(d): 12 cases
La. Rev. Stat. § 14:2(13)(dd): 1 case
La. Rev. Stat. § 14:2(13)(e): 10 cases
La. Rev. Stat. § 14:2(13)(ee): 2 cases
La. Rev. Stat. § 14:2(13)(f): 1 case
La. Rev. Stat. § 14:2(13)(g): 4 cases
State v. Taves, 861 So. 2d 144 (La. 2003).
“R.S. 14:2(13) ... (r)...."). With regard to the lengths of the terms imposed, by any measure, respondent's conduct manifested deliberate cruelty to the victim, and he had used threats of or actual violence, as well as a dangerous weapon, in the commission of the crimes.”
La. Rev. Stat. § 14:2(13)(gg): 1 case
La. Rev. Stat. § 14:2(13)(i): 3 cases
La. Rev. Stat. § 14:2(13)(j): 3 cases
La. Rev. Stat. § 14:2(13)(oo): 1 case
State v. Mourra, 940 So. 2d 29 (La. Ct. App. 2006).
“R.S. 14:2 in 1992, defining the term "crime of violence" and delineating certain offenses as crimes of violence, aggravated flight from an officer was not included.”
La. Rev. Stat. § 14:2(13)(r): 1 case
La. Rev. Stat. § 14:2(13)(s): 1 case
La. Rev. Stat. § 14:2(13)(t): 1 case
La. Rev. Stat. § 14:2(13)(u): 2 cases
State v. Taves, 861 So. 2d 144 (La. 2003).
“R.S. 14:2(13) ... (r)...."). With regard to the lengths of the terms imposed, by any measure, respondent's conduct manifested deliberate cruelty to the victim, and he had used threats of or actual violence, as well as a dangerous weapon, in the commission of the crimes.”
La. Rev. Stat. § 14:2(13)(v): 6 cases
La. Rev. Stat. § 14:2(13)(w): 14 cases
La. Rev. Stat. § 14:2(13)(x): 1 case
La. Rev. Stat. § 14:2(13)(y): 16 cases
La. Rev. Stat. § 14:2(13)(z): 3 cases
La. Rev. Stat. § 14:2(18): 3 cases
La. Rev. Stat. § 14:2(18)(y): 1 case
La. Rev. Stat. § 14:2(19): 1 case
La. Rev. Stat. § 14:2(2): 32 cases
La. Rev. Stat. § 14:2(3): 133 cases
La. Rev. Stat. § 14:2(33): 1 case
La. Rev. Stat. § 14:2(39): 1 case
La. Rev. Stat. § 14:2(4): 60 cases
La. Rev. Stat. § 14:2(5): 5 cases
La. Rev. Stat. § 14:2(6): 8 cases
La. Rev. Stat. § 14:2(7): 15 cases
La. Rev. Stat. § 14:2(8): 2 cases
La. Rev. Stat. § 14:2(9): 9 cases
La. Rev. Stat. § 14:2(A): 1 case
La. Rev. Stat. § 14:2(A)(1): 1 case
La. Rev. Stat. § 14:2(A)(11): 2 cases
La. Rev. Stat. § 14:2(A)(2): 1 case
La. Rev. Stat. § 14:2(A)(3): 38 cases
State v. Oliphant, 113 So. 3d 165 (La. 2013).
“For the following reasons, we find the offense of vehicular homicide is a crime of violence pursuant to La.Rev.Stat. § 14:2 as the offense involves the use of physical force and the substantial risk that force will be used against another person in the commission of the offense…”
La. Rev. Stat. § 14:2(A)(4): 18 cases
La. Rev. Stat. § 14:2(A)(7): 1 case
La. Rev. Stat. § 14:2(A)(9): 1 case
La. Rev. Stat. § 14:2(B): 263 cases
State v. Oliphant, 113 So. 3d 165 (La. 2013).
“For the following reasons, we find the offense of vehicular homicide is a crime of violence pursuant to La.Rev.Stat. § 14:2 as the offense involves the use of physical force and the substantial risk that force will be used against another person in the commission of the offense…”
State of Louisiana v. Sean Holloway, 217 So. 3d 343 (La. 2016).
“When the court imposes a sentence, the court shall designate whether the crime involved is a crime of violence or an attempted crime of violence as defined or enumerated in R.S. 14:2(B). B. Notwithstanding any provision of law to the contrary, if a person is convicted of or…”
State v. Smith, 47 So. 3d 553 (La. Ct. App. 2010).
“R.S. 14:2 provides, in pertinent part: *556 B.”
State v. Grimes, 16 So. 3d 418 (La. Ct. App. 2009).
“2d 29 , this Court discussed the retroactivity of the statute that defines crimes of violence, LSA-R.S. 14:2. In Mourra, the defendant was charged with possession of a firearm by a convicted felon, which prohibits a person who has been convicted of a crime of violence as defined…”
La. Rev. Stat. § 14:2(B)(1): 2 cases
La. Rev. Stat. § 14:2(B)(10): 1 case
La. Rev. Stat. § 14:2(B)(11): 3 cases
La. Rev. Stat. § 14:2(B)(13): 3 cases
La. Rev. Stat. § 14:2(B)(15): 3 cases
La. Rev. Stat. § 14:2(B)(16): 1 case
La. Rev. Stat. § 14:2(B)(17): 2 cases
La. Rev. Stat. § 14:2(B)(18): 1 case
La. Rev. Stat. § 14:2(B)(19): 2 cases
La. Rev. Stat. § 14:2(B)(20): 3 cases
La. Rev. Stat. § 14:2(B)(21): 13 cases
La. Rev. Stat. § 14:2(B)(22): 5 cases
La. Rev. Stat. § 14:2(B)(23): 9 cases
La. Rev. Stat. § 14:2(B)(24): 3 cases
State v. Grimes, 16 So. 3d 418 (La. Ct. App. 2009).
“2d 29 , this Court discussed the retroactivity of the statute that defines crimes of violence, LSA-R.S. 14:2. In Mourra, the defendant was charged with possession of a firearm by a convicted felon, which prohibits a person who has been convicted of a crime of violence as defined…”
La. Rev. Stat. § 14:2(B)(25): 2 cases
La. Rev. Stat. § 14:2(B)(26): 1 case
La. Rev. Stat. § 14:2(B)(28): 3 cases
La. Rev. Stat. § 14:2(B)(3): 5 cases
State v. Oliphant, 113 So. 3d 165 (La. 2013).
“For the following reasons, we find the offense of vehicular homicide is a crime of violence pursuant to La.Rev.Stat. § 14:2 as the offense involves the use of physical force and the substantial risk that force will be used against another person in the commission of the offense…”
La. Rev. Stat. § 14:2(B)(31): 2 cases
La. Rev. Stat. § 14:2(B)(33): 1 case
La. Rev. Stat. § 14:2(B)(35): 1 case
La. Rev. Stat. § 14:2(B)(38): 1 case
La. Rev. Stat. § 14:2(B)(39): 4 cases
La. Rev. Stat. § 14:2(B)(4): 14 cases
La. Rev. Stat. § 14:2(B)(41): 2 cases
La. Rev. Stat. § 14:2(B)(42): 1 case
La. Rev. Stat. § 14:2(B)(46): 2 cases
State of Louisiana v. Sean Holloway, 217 So. 3d 343 (La. 2016).
“When the court imposes a sentence, the court shall designate whether the crime involved is a crime of violence or an attempted crime of violence as defined or enumerated in R.S. 14:2(B). B. Notwithstanding any provision of law to the contrary, if a person is convicted of or…”
La. Rev. Stat. § 14:2(B)(48): 1 case
La. Rev. Stat. § 14:2(B)(5): 18 cases
State v. Oliphant, 113 So. 3d 165 (La. 2013).
“For the following reasons, we find the offense of vehicular homicide is a crime of violence pursuant to La.Rev.Stat. § 14:2 as the offense involves the use of physical force and the substantial risk that force will be used against another person in the commission of the offense…”
La. Rev. Stat. § 14:2(B)(57): 1 case
La. Rev. Stat. § 14:2(B)(6): 5 cases
La. Rev. Stat. § 14:2(B)(7): 6 cases
La. Rev. Stat. § 14:2(C): 2 cases
La. Rev. Stat. § 14:2(b)(5): 1 case
La. Rev. Stat. § 14:2(w): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.