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La. Rev. Stat. § 15:271 (2026)

Plea of not guilty; burden of proof

✓ current as of May 2026
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§271.  Plea of not guilty; burden of proof

The plea of not guilty throws upon the state the burden of proving beyond a reasonable doubt each element of the crime necessary to constitute the defendant's guilt.  

Acts 1966, No. 311, §2, eff. Jan. 1, 1967.  Amended by Acts 1968, No. 150, §1.  

Notes of Decisions
Cited in 111 cases, 1965–2015 · leading case: State v. Humphrey, 412 So. 2d 507 (La. 1982).
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State v. Humphrey, 412 So. 2d 507 (La. 1982). · cites it 3× “, LRS 15:271. Criminal intent relates not to the conduct, usually an act which must be committed voluntarily under Art.”
State v. Black, 41 So. 3d 1243 (La. Ct. App. 2010). · cites it 4× “Otherwise, the state would fail to meet its constitutional and statutory burden of proving guilt beyond a reasonable doubt of each element of the offense charged.”
State v. Cheatwood, 458 So. 2d 907 (La. 1984). · cites it 2× “When such defenses are raised by the evidence, the state must overcome the defense by evidence which proves beyond a reasonable doubt that the mental element was present despite the alleged intoxication or mistake of fact. Otherwise, the state would fail to meet its…”
State v. Barnes, 491 So. 2d 42 (La. Ct. App. 1986). · cites it 2× “When such defenses are raised by the evidence, the state must overcome the defense by evidence which proves beyond a reasonable doubt that the mental element was present despite the alleged intoxication or mistake of fact. Otherwise, the state would fail to meet its…”
State v. Bourque, 622 So. 2d 198 (La. 1993). “2d 368 (1970); LSA-R.S. 15:271. In reviewing the sufficiency of the evidence supporting a conviction, this court must determine "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements…”
State v. Rogers, 494 So. 2d 1251 (La. Ct. App. 1986). “LRS 15:271, Jackson v. Virginia, supra. DECREE The conviction is AFFIRMED.”
State v. Huff, 660 So. 2d 529 (La. Ct. App. 1995). · cites it 2× “DISCUSSION In criminal appeals, we review the evidence in the light that most favorably supports the jury verdict.”
State v. Barras, 615 So. 2d 285 (La. 1993). “The evidence establishes with the requisite certainty, LSA-R.S. 15:271 (the state must prove each element of a crime beyond a reasonable doubt), that they were on privately owned property and not on private property subject to public use or public navigable waters.”
State v. Lambert, 720 So. 2d 724 (La. Ct. App. 1998). “R.S. 15:271. For the foregoing reasons, I respectfully dissent.”
State v. McDermitt, 406 So. 2d 195 (La. 1981). “R.S. 15:271 provides that "(T)he plea of not guilty throws upon the state the burden of proving beyond a reasonable doubt each element of the crime necessary to constitute the defendant's guilt.”
Sevin v. Par. of Jefferson, 621 F. Supp. 2d 372 (E.D. La. 2009). · cites it 2× “See La.Rev.Stat. § 15:271 (“The plea of not guilty throws upon the state the burden of proving beyond a reasonable doubt each element of the crime necessary to constitute the defendant’s guilt.”
State v. Bibb, 626 So. 2d 913 (La. Ct. App. 1993). “It further contends that there was sufficient evidence from the circumstances and actions of defendant to conclude the state introduced evidence to prove specific intent.”
Show all 111 citing cases →
La. Rev. Stat. § 15:271(0): 1 case
State ex rel. Caesar v. Gremillion, 176 So. 2d 394 (La. 1965).
La. Rev. Stat. § 15:271(B): 1 case
State ex rel. Caesar v. Gremillion, 176 So. 2d 394 (La. 1965).
La. Rev. Stat. § 15:271(C): 1 case
State ex rel. Caesar v. Gremillion, 176 So. 2d 394 (La. 1965).
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