§27. Attempt; penalties; attempt on peace officer; enhanced penalties
A. Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.
B.(1) Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in wait with a dangerous weapon with the intent to commit a crime, or searching for the intended victim with a dangerous weapon with the intent to commit a crime, shall be sufficient to constitute an attempt to commit the offense intended.
(2) Further, the placing of any combustible or explosive substance in or near any structure, watercraft, movable, or forestland, with the specific intent eventually to set fire to or to damage by explosive substance such structure, watercraft, movable, or forestland, shall be sufficient to constitute an attempt to commit the crime of arson as defined in R.S. 14:51 through 53.
C. An attempt is a separate but lesser grade of the intended crime; and any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was actually perpetrated by such person in pursuance of such attempt.
D. Whoever attempts to commit any crime shall be punished as follows:
(1)(a) If the offense so attempted is punishable by death or life imprisonment, he shall be imprisoned at hard labor for not less than ten nor more than fifty years without benefit of parole, probation, or suspension of sentence.
(b) If the offense so attempted is punishable by death or life imprisonment and is attempted against an individual who is a peace officer engaged in the performance of his lawful duty, he shall be imprisoned at hard labor for not less than twenty nor more than fifty years without benefit of parole, probation, or suspension of sentence.
(2)(a) If the offense so attempted is theft or receiving stolen things, and is not punishable as a felony, he shall be fined not more than two hundred dollars, imprisoned for not more than six months, or both.
(b) If the offense so attempted is receiving stolen things, and is punishable as a felony, he shall be fined not more than two hundred dollars, imprisoned for not more than one year, or both.
(c)(i) If the offense so attempted is theft of an amount not less than seven hundred fifty dollars nor more than twenty-five thousand dollars, he shall be fined not more than five hundred dollars, imprisoned for not more than one year, or both.
(ii) If the offense so attempted is theft of an amount over twenty-five thousand dollars, he shall be fined not more than two thousand dollars, imprisoned, with or without hard labor, for not more than five years, or both.
(3) In all other cases he shall be fined or imprisoned or both, in the same manner as for the offense attempted; such fine or imprisonment shall not exceed one-half of the largest fine, or one-half of the longest term of imprisonment prescribed for the offense so attempted, or both.
E. For the purposes of Subsection D of this Section, the term "peace officer" means any peace officer, as defined in R.S. 40:2402.
Amended by Acts 1970, No. 471, §1; Acts 1975, No. 132, §1; Acts 1989, No. 609, §1; Acts 1995, No. 988, §1; Acts 2003, No. 166, §1; Acts 2003, No. 745, §1; Acts 2010, No. 531, §1, eff. August 15, 2010; Acts 2013, No. 240, §1, eff. August 1, 2013; Acts 2014, No. 255, §1, eff. August 1, 2014.
Notes of Decisions
Cited in
2,248
cases (
121 in the last 5 years), 1953–2026 · leading case:
State v. Jones, 74 So. 3d 197 (La. 2011).
State v. Jones, 74 So. 3d 197 (La. 2011).
· cites it 22× “I cannot join the majority opinion finding that an oral comment, unaccompanied by any overt act, is legally sufficient to support a conviction of criminal attempt under La.Rev.Stat. § 14:27. Defendant's sexually charged comments were unquestionably crude, offensive, and wholly…”
State v. Odle, 834 So. 2d 483 (La. Ct. App. 2002).
· cites it 24× “R.S. 14:27 or La. R.S. 40:979. Odle was sentenced to eighteen years at hard labor and Shaw was sentenced to twenty years at hard labor.”
State v. Ordodi, 946 So. 2d 654 (La. 2006).
· cites it 6× “R.S. 14:27. After trial, the jury found the defendant guilty on both counts.”
State v. PORTIE, 22 So. 3d 213 (La. Ct. App. 2009).
· cites it 25× “R.S. 14:27 sets forth the law as to attempted offenses, and states in pertinent part: A.”
State v. Ott, 102 So. 3d 944 (La. Ct. App. 2012).
· cites it 12× “1 (Count One); one count of attempted armed robbery while armed with a firearm, a violation of LSA-R.S. 14:27 and 14:64.3 (Count Two); and four counts of armed robbery while armed with a firearm, a violation of LSA-R.”
State v. Moore, 640 So. 2d 561 (La. Ct. App. 1994).
· cites it 10× “Defendant appeals his conviction for attempted manslaughter, a violation of LSA-R.S. 14:27 and 14:31. After a review of the record, we find no reversible error and affirm defendant's conviction and sentence.”
State v. Bradstreet, 196 So. 3d 876 (La. Ct. App. 2016).
· cites it 7× “R.S. 14:27 and 14:30.1- (counts one and two) and one count of aggravated criminal damage to property in violation of La.”
State v. Holmes, 5 So. 3d 42 (La. 2008).
· cites it 4× “La.Rev.Stat. § 14:27. [27] Hearsay is a statement, other than one made by the declarant while testifying at the present trial or hearing, offered in evidence to prove the truth of the matter asserted.”
State v. Moore, 215 So. 3d 951 (La. Ct. App. 2017).
· cites it 7× “R.S. 14:27 and 14:42.1. Defendant argues in his brief that the degree of force he employed against H.”
State v. Garcie, 242 So. 3d 1279 (La. Ct. App. 2018).
· cites it 4× “R.S. 14:27, in that he attempted to commit first-degree murder of Jefferson Parish Sheriff's Office ("JPSO") Deputies Jason Loerwald, *1282 Jerome Green, Todd Bordelon and Michael Jones; (2) violated La.”
State v. Hickman, 194 So. 3d 1160 (La. Ct. App. 2016).
· cites it 4× “R.S. 14:27, 14:3o.!. 1 Defendant appeared for arraignment on April 24, 2013 and entered a plea of not guilty.”
— La. Rev. Stat. § 14:27(1)(a) — 1 case
— La. Rev. Stat. § 14:27(3) — 5 cases
— La. Rev. Stat. § 14:27(30) — 16 cases
— La. Rev. Stat. § 14:27(30)(A)(2) — 1 case
— La. Rev. Stat. § 14:27(30)(A)(3) — 1 case
— La. Rev. Stat. § 14:27(31) — 3 cases
— La. Rev. Stat. § 14:27(42) — 5 cases
— La. Rev. Stat. § 14:27(45) — 1 case
— La. Rev. Stat. § 14:27(52) — 1 case
— La. Rev. Stat. § 14:27(62) — 4 cases
— La. Rev. Stat. § 14:27(64) — 10 cases
— La. Rev. Stat. § 14:27(67) — 3 cases
— La. Rev. Stat. § 14:27(95) — 1 case
— La. Rev. Stat. § 14:27(A) — 212 cases
State v. Ordodi, 946 So. 2d 654 (La. 2006).
“R.S. 14:27. After trial, the jury found the defendant guilty on both counts.”
— La. Rev. Stat. § 14:27(B) — 16 cases
— La. Rev. Stat. § 14:27(B)(1) — 7 cases
State v. Ordodi, 946 So. 2d 654 (La. 2006).
“R.S. 14:27. After trial, the jury found the defendant guilty on both counts.”
— La. Rev. Stat. § 14:27(B)(3) — 1 case
— La. Rev. Stat. § 14:27(C) — 47 cases
State v. PORTIE, 22 So. 3d 213 (La. Ct. App. 2009).
“R.S. 14:27 sets forth the law as to attempted offenses, and states in pertinent part: A.”
— La. Rev. Stat. § 14:27(D) — 26 cases
State v. PORTIE, 22 So. 3d 213 (La. Ct. App. 2009).
“R.S. 14:27 sets forth the law as to attempted offenses, and states in pertinent part: A.”
— La. Rev. Stat. § 14:27(D)(1) — 69 cases
State v. PORTIE, 22 So. 3d 213 (La. Ct. App. 2009).
“R.S. 14:27 sets forth the law as to attempted offenses, and states in pertinent part: A.”
— La. Rev. Stat. § 14:27(D)(1)(B) — 3 cases
— La. Rev. Stat. § 14:27(D)(1)(a) — 33 cases
— La. Rev. Stat. § 14:27(D)(1)(b) — 4 cases
— La. Rev. Stat. § 14:27(D)(2) — 14 cases
State v. PORTIE, 22 So. 3d 213 (La. Ct. App. 2009).
“R.S. 14:27 sets forth the law as to attempted offenses, and states in pertinent part: A.”
— La. Rev. Stat. § 14:27(D)(3) — 141 cases
State v. PORTIE, 22 So. 3d 213 (La. Ct. App. 2009).
“R.S. 14:27 sets forth the law as to attempted offenses, and states in pertinent part: A.”
State v. Odle, 834 So. 2d 483 (La. Ct. App. 2002).
“R.S. 14:27 or La. R.S. 40:979. Odle was sentenced to eighteen years at hard labor and Shaw was sentenced to twenty years at hard labor.”
State v. Moore, 215 So. 3d 951 (La. Ct. App. 2017).
“R.S. 14:27 and 14:42.1. Defendant argues in his brief that the degree of force he employed against H.”
— La. Rev. Stat. § 14:27(D)(I)(a) — 1 case
— La. Rev. Stat. § 14:27(D)(a) — 1 case
— La. Rev. Stat. § 14:27(D)(l)(a) — 34 cases
— La. Rev. Stat. § 14:27(E) — 1 case
— La. Rev. Stat. § 14:27(a) — 2 cases
— La. Rev. Stat. § 14:27(d)(l) — 1 case
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