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La. Rev. Stat. § 14:30.1 (2026)

Second degree murder

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§30.1. Second degree murder

           A. Second degree murder is the killing of a human being:

           (1) When the offender has a specific intent to kill or to inflict great bodily harm; or

           (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, resisting a police officer with force or violence, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, cruelty to the elderly and persons with infirmities, or terrorism, even though he has no intent to kill or to inflict great bodily harm.

           (3) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance.

           (4) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.

           B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

           Added by Acts 1973, No. 111, §1. Amended by Acts 1975, No. 380, §1; Acts 1976, No. 657, §2; Acts 1977, No. 121, §1; Acts 1978, No. 796, §1; Acts 1979, No. 74, §1, eff. June 29, 1979; Acts 1987, No. 465, §1; Acts 1987, No. 653, §1; Acts 1993, No. 496, §1; Acts 1997, No. 563, §1; Acts 1997, No. 899, §1; Acts 2006, No. 53, §1; Acts 2008, No. 451, §2, eff. June 25, 2008; Acts 2009, No. 155, §1, eff. August 15, 2009; Acts 2015, No. 184, §1, eff. August 1, 2015; Acts 2025, No. 169, §1, eff. June 8, 2025; Acts 2025, No. 343, §1, eff. August 1, 2025.

Notes of Decisions
Cited in 2,939 cases (292 in the last 5 years), 1974–2026 · leading case: State v. Mattheson, 407 So. 2d 1150 (La. 1981).
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State v. Mattheson, 407 So. 2d 1150 (La. 1981). · cites it 11× “R.S. 14:30.1) permitted the state to introduce evidence of an aggravating circumstance, that is, the offense was committed in an especially heinous, atrocious or cruel manner, during the guilt-innocence phase of the trial.”
State v. Jacobs, 67 So. 3d 535 (La. Ct. App. 2011). · cites it 7× “R.S. 14:30.1, instead of one count of first degree murder.”
State v. Seals, 83 So. 3d 285 (La. Ct. App. 2011). · cites it 8× “| ^Defendant, Glen Seals, appeals his conviction for the second degree murder of a cab driver, Ray Feeney, a violation of LSA-R.S. 14:30.1. On appeal, he argues thirty assignments of error.”
State v. Fletcher, 149 So. 3d 934 (La. Ct. App. 2014). · cites it 8× “R.S. 14:30.1, La R.S. 15:574.4(E) and La.”
State v. Sumler, 219 So. 3d 503 (La. Ct. App. 2017). · cites it 7× “R.S. 14:30.1. Tolliver’s prosecution was severed from Sumler and Shaw, who were tried together.”
State v. Higgins, 898 So. 2d 1219 (La. 2005). · cites it 4× “R.S. 14:30.1. Facts and Procedural History On the night of October 24, 1998, Donald Price cashed in his winnings at Boomtown Casino in Harvey, and drove his white Ford Explorer to Marrero.”
State v. Bertrand, 6 So. 3d 738 (La. 2009). · cites it 4× “[2] Bertrand is charged with one count of second degree murder, a violation of R.S. 14:30.1. Chretien is charged with one count of second degree murder, one count of armed robbery, and one count of attempted second degree murder, violations of R.”
State v. McElveen, 73 So. 3d 1033 (La. Ct. App. 2011). · cites it 8× “R.S. 14:30.1. The defendants elected trial by jury.”
State v. Bridgewater, 823 So. 2d 877 (La. 2002). · cites it 4× “R.S. 14:30.1(A)(2)(a), which defines that crime as the killing of a human being "[w]hen the offender is engaged in the perpetration or attempted perpetration of" certain enumerated felonies, including armed robbery and aggravated burglary, "even though [the offender] has no…”
State v. Shapiro, 431 So. 2d 372 (La. 1983). · cites it 4× “Shapiro was charged by indictment with second degree murder in violation of LSA-R.S. 14:30.1. After trial by jury, defendant was found guilty.”
Ricky Langley v. Howard Prince, Warden, 890 F.3d 504 (5th Cir. 2018). · cites it 15× “R.S. 14:30.1 -or for any other crime-on a theory that does not have as an essential element proof of Langley's specific intent to kill or harm.”
State v. Dyson, 222 So. 3d 220 (La. Ct. App. 2017). · cites it 4× “R.S. 14:30.1, and attempted second degree murder (count two), a violation of La.”
Show all 2,939 citing cases →
La. Rev. Stat. § 14:30.1(1): 53 cases
State v. Rosiere, 488 So. 2d 965 (La. 1986).
State v. Shapiro, 431 So. 2d 372 (La. 1983). “Shapiro was charged by indictment with second degree murder in violation of LSA-R.S. 14:30.1. After trial by jury, defendant was found guilty.”
State v. Dyson, 222 So. 3d 220 (La. Ct. App. 2017). “R.S. 14:30.1, and attempted second degree murder (count two), a violation of La.”
State v. Payton, 496 So. 2d 1068 (La. Ct. App. 1986).
State v. Andrews, 452 So. 2d 687 (La. 1984).
La. Rev. Stat. § 14:30.1(13): 1 case
State v. Williams, 828 So. 2d 180 (La. Ct. App. 2002).
La. Rev. Stat. § 14:30.1(2): 19 cases
McConnell v. State, 102 P.3d 606 (Nev. 2004).
State v. Payton, 496 So. 2d 1068 (La. Ct. App. 1986).
State v. George, 346 So. 2d 694 (La. 1977).
State v. Messiah, 538 So. 2d 175 (La. 1988).
State v. Bennett, 454 So. 2d 1165 (La. Ct. App. 1984).
La. Rev. Stat. § 14:30.1(2)(b): 1 case
State v. Glenn, 900 So. 2d 26 (La. Ct. App. 2005).
La. Rev. Stat. § 14:30.1(27): 1 case
State v. Lambert, 160 So. 3d 1097 (La. Ct. App. 2015).
La. Rev. Stat. § 14:30.1(8): 1 case
State v. Halley, 212 So. 3d 596 (La. Ct. App. 2017).
La. Rev. Stat. § 14:30.1(A): 84 cases
State v. Jacobs, 67 So. 3d 535 (La. Ct. App. 2011). “R.S. 14:30.1, instead of one count of first degree murder.”
State v. Hickman, 194 So. 3d 1160 (La. Ct. App. 2016).
State v. Lewis, 917 So. 2d 583 (La. Ct. App. 2005).
State v. Durand, 963 So. 2d 1028 (La. Ct. App. 2007).
State v. Condley, 904 So. 2d 881 (La. Ct. App. 2005).
La. Rev. Stat. § 14:30.1(A)(1): 329 cases
Ricky Langley v. Howard Prince, Warden, 890 F.3d 504 (5th Cir. 2018). “R.S. 14:30.1 -or for any other crime-on a theory that does not have as an essential element proof of Langley's specific intent to kill or harm.”
United States v. Byron Jones, 873 F.3d 482 (5th Cir. 2017).
State v. Lawson, 1 So. 3d 516 (La. Ct. App. 2008).
State v. Higgins, 898 So. 2d 1219 (La. 2005). “R.S. 14:30.1. Facts and Procedural History On the night of October 24, 1998, Donald Price cashed in his winnings at Boomtown Casino in Harvey, and drove his white Ford Explorer to Marrero.”
State v. Murray, 827 So. 2d 488 (La. Ct. App. 2002).
La. Rev. Stat. § 14:30.1(A)(1)(2): 2 cases
State v. Caston, 645 So. 2d 1202 (La. Ct. App. 1994).
State of Louisiana v. Charles Penn, No. 2025-KA-0191 (La. Ct. App. Feb. 10, 2026).
La. Rev. Stat. § 14:30.1(A)(2): 73 cases
State v. Small, 100 So. 3d 797 (La. 2012).
State v. Pendelton, 696 So. 2d 144 (La. Ct. App. 1997).
State v. Richard, 115 So. 3d 86 (La. Ct. App. 2013).
State v. Goodley, 820 So. 2d 478 (La. 2002).
Ricky Langley v. Howard Prince, Warden, 890 F.3d 504 (5th Cir. 2018). “R.S. 14:30.1 -or for any other crime-on a theory that does not have as an essential element proof of Langley's specific intent to kill or harm.”
La. Rev. Stat. § 14:30.1(A)(2)(a): 20 cases
State v. Bridgewater, 823 So. 2d 877 (La. 2002). “R.S. 14:30.1(A)(2)(a), which defines that crime as the killing of a human being "[w]hen the offender is engaged in the perpetration or attempted perpetration of" certain enumerated felonies, including armed robbery and aggravated burglary, "even though [the offender] has no…”
State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011).
State v. Pugh, 831 So. 2d 341 (La. Ct. App. 2002).
State v. McPherson, 733 So. 2d 634 (La. Ct. App. 1999).
State v. Landfair, 979 So. 2d 619 (La. Ct. App. 2008).
La. Rev. Stat. § 14:30.1(A)(2)(b): 12 cases
State v. Otkins-Victor, 193 So. 3d 479 (La. Ct. App. 2016).
State v. Booker, 839 So. 2d 455 (La. Ct. App. 2003).
State v. Richthofen, 803 So. 2d 171 (La. Ct. App. 2001).
State v. Porter, 761 So. 2d 115 (La. Ct. App. 2000).
State v. Victor, 195 So. 3d 128 (La. Ct. App. 2016).
La. Rev. Stat. § 14:30.1(A)(3): 7 cases
State v. Smith, 885 So. 2d 508 (La. 2004).
State of Louisiana v. Deon Ray Bartie, 400 So. 3d 896 (La. 2025).
State v. Sepulvado, 25 So. 3d 899 (La. Ct. App. 2009).
State v. Oliphant, 93 So. 3d 603 (La. Ct. App. 2012).
State v. Corbett, 879 So. 2d 151 (La. Ct. App. 2004).
La. Rev. Stat. § 14:30.1(A)(4): 2 cases
State v. Chambers, 933 So. 2d 200 (La. Ct. App. 2006).
State v. Corbett, 879 So. 2d 151 (La. Ct. App. 2004).
La. Rev. Stat. § 14:30.1(A)(l): 1 case
State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011).
La. Rev. Stat. § 14:30.1(B): 181 cases
State v. Holmes, 5 So. 3d 42 (La. 2008).
State v. Bridgewater, 823 So. 2d 877 (La. 2002). “R.S. 14:30.1(A)(2)(a), which defines that crime as the killing of a human being "[w]hen the offender is engaged in the perpetration or attempted perpetration of" certain enumerated felonies, including armed robbery and aggravated burglary, "even though [the offender] has no…”
State v. Payton, 361 So. 2d 866 (La. 1978).
State v. Higgins, 898 So. 2d 1219 (La. 2005). “R.S. 14:30.1. Facts and Procedural History On the night of October 24, 1998, Donald Price cashed in his winnings at Boomtown Casino in Harvey, and drove his white Ford Explorer to Marrero.”
State v. Marlowe, 81 So. 3d 944 (La. Ct. App. 2011).
La. Rev. Stat. § 14:30.1(B)(1): 2 cases
State v. Johnson, 265 So. 3d 1034 (La. Ct. App. 2019).
State v. Johnson, 265 So. 3d 1034 (La. Ct. App. 2019).
La. Rev. Stat. § 14:30.1(a)(2)(a): 1 case
State v. Goodley, 820 So. 2d 478 (La. 2002).
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