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La. Rev. Stat. § 14:37.1 (2026)

Assault by drive-by shooting

✓ current as of May 2026
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§37.1. Assault by drive-by shooting

           A. Assault by drive-by shooting is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.

           B. Whoever commits an assault by drive-by shooting shall be imprisoned for not less than three years nor more than ten years, with or without hard labor, and without benefit of suspension of sentence.

           C. As used in this Section and in R.S. 14:30(A)(1) and 30.1(A)(2), the term "drive-by shooting" means the discharge of a firearm from a motor vehicle on a public street, highway, or interstate highway with the intent either to kill, cause harm to, or frighten another person.

           Acts 1993, No. 496, §1; Acts 2023, No. 243, §1, eff. August 1, 2023.

Notes of Decisions
Cited in 29 cases (3 in the last 5 years), 1996–2025 · leading case: State v. Holmes, 735 So. 2d 687 (La. Ct. App. 1999).
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State v. Holmes, 735 So. 2d 687 (La. Ct. App. 1999). · cites it 4× “John Holmes was convicted by a jury of three counts of assault by drive-by shooting (LSA-R.S.14:37.1) and one count of unauthorized entry of an inhabited dwelling (LSA-R.”
State v. Brisco, 933 So. 2d 754 (La. 2006). · cites it 11× “On May 18, 2001, the State filed a bill of information charging defendant with assault by drive-by shooting, a violation of LSA-R.S. 14:37.1. [3] The defendant entered a plea of not guilty.”
State v. Tafoya, 2012 NMSC 30 (N.M. 2012). “”); La. Rev. Stat. Ann. § 14:37.1(A) (1993) (“Assault by drive-by shooting is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.”
State v. Bowman, 677 So. 2d 1094 (La. Ct. App. 1996). · cites it 2× “R.S. 14:37.1 (Emphasis added). Therefore, if the perpetrator intended only to frighten his victim but accidently kills him or another, the necessary elements of felony-murder have been proved.”
State v. Presley, 758 So. 2d 308 (La. Ct. App. 2000). · cites it 4× “R.S. 14:37.1, and one count of aggravated criminal damage to property, a violation of La.”
State v. Jordan, 719 So. 2d 556 (La. Ct. App. 1998). · cites it 3× “R.S. 14:37.1. The defendant argues that the definition of "drive-by shooting" is vague and overly broad.”
State v. Brown, 965 So. 2d 580 (La. Ct. App. 2007). “R.S. 14:37.1. Regarding principals, La. R.”
State v. Brooks, 962 So. 2d 1220 (La. Ct. App. 2007). “LSA-R.S. 14:37.1; State v. Gipson, 28,113 (La.”
State v. Allen, 200 So. 3d 376 (La. Ct. App. 2016). · cites it 2× “R.S. 14:37.1. *379 Such a specific intent may be inferred from a defendant’s act of pointing a gun and firing it at a person.”
State v. Gipson, 677 So. 2d 544 (La. Ct. App. 1996). · cites it 2× “R.S. 14:37.1. In the case sub judice, Gipson stated to the police that he had been the only person who shot a gun from the truck, indicating he fired the Ruger .”
State v. Magee, 150 So. 3d 446 (La. Ct. App. 2014). · cites it 2× “R.S. 14:37.1. We find that the trial court did not err in denying defendant’s challenge for cause with regards to potential juror George Lozano.”
State v. Norfleet, 721 So. 2d 506 (La. Ct. App. 1998). “R.S. 14:37.1. The defendant argues that the definition of "drive-by shooting" is vague and overly broad.”
Show all 29 citing cases →
La. Rev. Stat. § 14:37.1(A): 3 cases
State v. Tafoya, 2012 NMSC 30 (N.M. 2012). “”); La. Rev. Stat. Ann. § 14:37.1(A) (1993) (“Assault by drive-by shooting is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.”
State v. Presley, 758 So. 2d 308 (La. Ct. App. 2000). “R.S. 14:37.1, and one count of aggravated criminal damage to property, a violation of La.”
State of Louisiana Versus Edwar Lopez AKA \Mantequilla\"" (La. Ct. App. 2024).
La. Rev. Stat. § 14:37.1(B): 2 cases
State of Louisiana v. Kristen Adams (La. Ct. App. 2024).
State v. Dixon, 732 So. 2d 1250 (La. Ct. App. 1999).
La. Rev. Stat. § 14:37.1(C): 4 cases
State v. Brisco, 933 So. 2d 754 (La. 2006). “On May 18, 2001, the State filed a bill of information charging defendant with assault by drive-by shooting, a violation of LSA-R.S. 14:37.1. [3] The defendant entered a plea of not guilty.”
State v. Gipson, 677 So. 2d 544 (La. Ct. App. 1996). “R.S. 14:37.1. In the case sub judice, Gipson stated to the police that he had been the only person who shot a gun from the truck, indicating he fired the Ruger .”
State v. Preston, 118 So. 3d 1129 (La. Ct. App. 2013).
State of Louisiana Versus Edwar Lopez AKA \Mantequilla\"" (La. Ct. App. 2024).
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