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La. Rev. Stat. § 14:8 (2026)

Criminal conduct consists of:

✓ current as of May 2026
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§8.  Criminal conduct

Criminal conduct consists of:

(1)  An act or a failure to act that produces criminal consequences, and which is combined with criminal intent; or

(2)  A mere act or failure to act that produces criminal consequences, where there is no requirement of criminal intent; or

(3)  Criminal negligence that produces criminal consequences.  

Notes of Decisions
Cited in 49 cases, 1959–2020 · leading case: Bazley v. Tortorich, 397 So. 2d 475 (La. 1981).
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Bazley v. Tortorich, 397 So. 2d 475 (La. 1981). · cites it 2× “R.S. 14:8 comment. See also, Prosser, supra, § 8; LaFave and Scott, Criminal Law, § 25 (1972).”
State of Louisiana v. Dominick Sims, 195 So. 3d 441 (La. 2016). · cites it 2× “1993); see also R.S. 14:8(2); R.S. 14:11. In reviewing and interpreting Louisiana criminal statutes, the Court’s aim is to “promote justice and to effect the objects of the law” by giving all provisions “a genuine construction, according to the fair import of their words, taken…”
Ogea v. Merritt, 130 So. 3d 888 (La. 2013). · cites it 2× “R.S. 14:8(1) and (2); see also La. R.S. 14:10 (defining acts produced by specific and general intent under criminal law).”
State v. Taylor, 463 So. 2d 1274 (La. 1985). · cites it 2× “R.S. 14:8. Therefore, unless the legislature expressly stipulates otherwise, the conduct described in a crime definition "must result in" criminal consequences, id.”
State v. Humphrey, 412 So. 2d 507 (La. 1982). “R.S. 14:8, 10 and Reporter's Comments." Bazley v.”
State v. Watts, 41 So. 3d 625 (La. Ct. App. 2010). · cites it 2× “3, 4, 5 AND 6: In his next four assignments of error, the defendant contends that intent is an element required to prove the defendant’s guilt for the instant offense and that the trial court erred in failing to charge the jury that the State had the burden to prove the…”
State v. Armstard, 991 So. 2d 116 (La. Ct. App. 2008). · cites it 3× “R.S. 14:8, "General Comment" and "Theory of the `Criminal Act'," (West 2007).”
State v. Martin, 539 So. 2d 1235 (La. 1989). “R.S. 14:8; 14:10; 14:11; 14:24; and 14:32 in pari materia.”
State v. Small, 100 So. 3d 797 (La. 2012). “R.S. 14:8 provides that criminal conduct, even when based only on | ncriminal negligence as in the instant case, is conduct that produces criminal consequences.”
State v. Daniels, 109 So. 2d 896 (La. 1959). · cites it 2× “LSA-R.S. 14:8(2) ("general criminal intent"); cf.”
State v. Hills, 250 So. 2d 394 (La. 1971). · cites it 2× “2d 273 ; see R.S. 14:8, 9, 10, and 11. Prior to the holding in this case the majority of this court (although it has never been stated in opinions) has rationalized from the bench in argument that the intent required by the responsive verdict "attempted aggravated rape" supplied…”
State v. Cramer, 358 So. 2d 1277 (La. 1978). · cites it 2× “] In describing the theory of "criminal act" the Reporter's Comment states: "As used in [LSA-R.S. 14:8], `act' refers to an external manifestation of will which produces consequences.”
Show all 49 citing cases →
— La. Rev. Stat. § 14:8(1) — 7 cases
Ogea v. Merritt, 130 So. 3d 888 (La. 2013). “R.S. 14:8(1) and (2); see also La. R.S. 14:10 (defining acts produced by specific and general intent under criminal law).”
State v. Hopkins, 692 So. 2d 538 (La. Ct. App. 1997).
State v. Gaspard, 841 So. 2d 1021 (La. Ct. App. 2003).
State v. Martin, 582 So. 2d 306 (La. Ct. App. 1991).
State v. Cramer, 358 So. 2d 1277 (La. 1978). “] In describing the theory of "criminal act" the Reporter's Comment states: "As used in [LSA-R.S. 14:8], `act' refers to an external manifestation of will which produces consequences.”
— La. Rev. Stat. § 14:8(2) — 6 cases
State of Louisiana v. Dominick Sims, 195 So. 3d 441 (La. 2016). “1993); see also R.S. 14:8(2); R.S. 14:11. In reviewing and interpreting Louisiana criminal statutes, the Court’s aim is to “promote justice and to effect the objects of the law” by giving all provisions “a genuine construction, according to the fair import of their words, taken…”
State v. Daniels, 109 So. 2d 896 (La. 1959). “LSA-R.S. 14:8(2) ("general criminal intent"); cf.”
State v. Granier, 765 So. 2d 998 (La. 2000).
State v. Larson, 653 So. 2d 1158 (La. 1995).
State v. Alpaugh, 568 So. 2d 1379 (La. Ct. App. 1990).
— La. Rev. Stat. § 14:8(3) — 2 cases
Ogea v. Merritt, 130 So. 3d 888 (La. 2013). “R.S. 14:8(1) and (2); see also La. R.S. 14:10 (defining acts produced by specific and general intent under criminal law).”
Mathes Brierre Architects, a Prof'l Corp. v. karlton/isg Enter., LLC, Int'l Sales Grp., LLC, & J.S. Karlton Co., Inc. (La. Ct. App. 2020).
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