La. R.S. » RS
Louisiana Revised Statutes & Codes

La. Rev. Stat. § 14:28 (2026)

Inciting a felony

✓ current as of May 2026
Find cases: SyfertCases citing this section LA-LEGlegis.la.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§28.  Inciting a felony

A.  Inciting a felony is the endeavor by one or more persons to incite or procure another person to commit a felony.  

B.  Whoever commits the crime of inciting a felony shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than two years, or both.  

C.  If an offender over the age of seventeen years commits the crime of inciting a felony by endeavoring to incite or procure a person under the age of seventeen years to commit a felony, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.

Amended by Acts 1968, No. 647, §1; Acts 1994, 3rd Ex. Sess., No. 131, §1.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1976–2025 · leading case: State v. Kotwitz, 549 So. 2d 351 (La. Ct. App. 1989).
Sort: Relevance Newest Treatment
State v. Kotwitz, 549 So. 2d 351 (La. Ct. App. 1989). · cites it 9× “The defendant, Jerry Kotwitz, was charged by bill of information with three counts of inciting a felony in violation of LSA-R.S. 14:28, and two counts of corrupt influencing in violation of LSA-R.”
City of Baton Rouge v. Ross, 654 So. 2d 1311 (La. 1995). · cites it 12× “14:143 because its criminal solicitation provision overlaps with LSA-R.S. 14:28, which makes it a felony offense to "incite a felony.”
State v. Jones, 74 So. 3d 197 (La. 2011). · cites it 6× “This distinction between solicitation and attempt is discussed in the reporter's comments to La.Rev.Stat. § 14:28: Solicitation and attempt—separate offenses: Very few states have enacted general statutes making it an offense to incite crime, but a number recognize it as a…”
State v. Baxley, 656 So. 2d 973 (La. 1995). · cites it 2× “LSA-R.S. 14:28(B). [3] Finally, if the defendant had solicited the policeman to kill another human being, he would face a maximum sentence of only ten (10) years in prison, or only double the sentence he now faces for asking for $20 in return for oral sex.”
State v. Hebert, 688 So. 2d 612 (La. Ct. App. 1997). · cites it 4× “R.S. 14:28, and accessory after the fact, La.”
State v. Baylis, 388 So. 2d 713 (La. 1980). “The defendant's alternative argument, that the testimony was evidence of other crimes, is predicated on a contention that his conduct in approaching Wiggins is proscribed by R.S. 14:28, relative to inciting to commit a felony.”
State v. King, 692 So. 2d 1296 (La. Ct. App. 1997). · cites it 2× “R.S. 14:28 as the attempt statute. La.R.S.”
State v. Bennett, 617 So. 2d 550 (La. Ct. App. 1993). · cites it 3× “1, solicitation for murder, is duplicative of LSA-R.S. 14:28, inciting a felony, and, thus, arbitrarily vests the district attorney with the authority to charge him with either solicitation for murder, under LSA-R.”
State v. Hocum, 456 So. 2d 602 (La. 1984). “R.S. 14:28, and sentenced to eighteen months in jail.”
State v. Mayeaux, 570 So. 2d 185 (La. Ct. App. 1990). “NOTES [1] Defendant was also charged with inciting a felony (LSA-R.S. 14:28), however, that count was dismissed prior to trial.”
State v. Baxley, 633 So. 2d 142 (La. 1994). “See LSA-R.S. 14:28 Comments. It is generally recognized by legal authorities and other jurisdictions that solicitation of another to commit a crime is only preparatory to the crime and not an overt act which would support a conviction for attempt of the crime solicited.”
State v. Roche, 341 So. 2d 348 (La. 1976). “, a violation of LSA-R.S. 14:28, was found guilty and sentenced to pay a fine and serve two years in the custody of the Louisiana Department of Corrections.”
Show all 24 citing cases →
— La. Rev. Stat. § 14:28(A) — 2 cases
City of Baton Rouge v. Ross, 654 So. 2d 1311 (La. 1995). “14:143 because its criminal solicitation provision overlaps with LSA-R.S. 14:28, which makes it a felony offense to "incite a felony.”
State v. Jenkins, 986 So. 2d 235 (La. Ct. App. 2008).
— La. Rev. Stat. § 14:28(B) — 2 cases
State v. Baxley, 656 So. 2d 973 (La. 1995). “LSA-R.S. 14:28(B). [3] Finally, if the defendant had solicited the policeman to kill another human being, he would face a maximum sentence of only ten (10) years in prison, or only double the sentence he now faces for asking for $20 in return for oral sex.”
State of Louisiana v. Christopher Raymond Diano (La. 2025).
— La. Rev. Stat. § 14:28(C) — 1 case
State v. Baxley, 656 So. 2d 973 (La. 1995). “LSA-R.S. 14:28(B). [3] Finally, if the defendant had solicited the policeman to kill another human being, he would face a maximum sentence of only ten (10) years in prison, or only double the sentence he now faces for asking for $20 in return for oral sex.”
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.