La. Stat. Ann. § 14:30.1

Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm.

State v. Kahey · filed 1983-06-27

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1. The statute expressly requires that the offender possess "specific intent," which is defined by our law as that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La.R.S. 14:10.

At the time of the offense, second-degree murder included a killing committed with specific intent to kill or inflict great bodily harm.

State v. Sutton · filed 1983-06-27

At the time of the offense (May, 1980), second degree murder included a killing in which the offender acted with a specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1, as amended by Act 74 of 1979.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.

State v. Eason · filed 1984-12-05

La.R.S. 14:30.1 defines second degree murder as: ... the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm ... Viewing the evidence in the light most favorable to the prosecution, we find that a rational trier of fact could have found beyond a reasonable doubt that defendant had the requisite specific intent to kill the victim or inflict great bodily harm upon her.

Section 14:30.1(1) requires proof beyond a reasonable doubt that the defendant specifically intended to kill or inflict great bodily harm.

State v. Rosiere · filed 1985-08-23(1)

In order to convict on second degree murder7 the State must prove beyond a reasonable doubt that Rosiere had the specific intent to kill or to inflict great bodily harm when he fired the shot.

Subsection (1) covers a killing committed with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances.

State v. Whitaker · filed 1986-05-28(1)

Considering the above we have no difficulty in affirming a conclusion that the defendant, by cutting the victim on the back and neck with a kitchen knife, shooting the victim, and striking him on the head with a wooden table leg, actively desired the criminal consequences to follow his actions. From the number and type of wounds inflicted upon the victim, the length of time required to inflict them, the smeared blood stains which tended to prove that the victim crawled from room to room during the struggle, strongly imply that the perpetrator persistently and over a significant period of time attempted to seriously injure the victim. When viewing this evidence in the light most favorable to the prosecution, we find that a rational trier of fact could have found beyond a reasonable doubt that the defendant had the requisite specific intent to kill the victim or inflict great bodily harm upon him. The defendant's contention in this regard is without merit.

Section 14:30.1(1) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.

State v. Darby · filed 1987-02-04(1)

La.R.S. 14:30.1 defines second degree murder as 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 rape, aggravated arson, aggravated burglary, aggravated kidnapping, aggravated escape, armed robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm." ... In order to convict defendant of second degree murder, the State had the burden of proving that defendant had the specific intent to kill or inflict great bodily harm upon the victim. The severity of the knife wounds (either of which could have resulted in death in the opinion of the coroner) plus the belt cinched around the victim's neck leaves no doubt as to the perpetrator's intent. Thus, the homicide could only properly fit under section one of either statute, i.e., that section requiring the perpetrator to have specific intent to kill or inflict great bodily harm.

Section 14:30.1 requires proof that the defendant specifically intended to kill or inflict great bodily harm to be guilty of second-degree murder.

State v. Hilburn · filed 1987-06-23

To be guilty of second degree murder, a defendant must have the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1.

Section 14:30.1(1) defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.

State v. Wooley · filed 1988-03-10(1)

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; ...” ... Thus considering the evidence in the light most favorable to the prosecution to the exclusion of every reasonable hypothesis of innocence, a rational trier of fact could have concluded that defendant was guilty of second degree murder.

Section 14:30.1 supplies the second-degree-murder offense and its sentence when the evidence establishes a specific-intent killing.

State v. Bay · filed 1988-05-23

Under these facts a rational jury could have concluded defendant specifically intended to, and did in fact, kill Essex Fogle. This equates to second degree murder. R.S. 14:30.1. ... For the reasons assigned we set aside the conviction and sentence and remand for entry of judgment of guilty of second degree murder and sentencing of defendant to life imprisonment at hard labor without benefit of parole, probation or suspension of sentence as provided for in La.R.S. 14:30.1.

Section 14:30.1 includes a killing committed with specific intent to kill or inflict great bodily harm within second-degree murder, and an intentional killing without sufficient provocation is not reduced to manslaughter.

State v. Livas · filed 1988-06-07(1)

Second degree murder is defined as "the *401 killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; ..." La.R.S. 14:30.1. ... For these reasons we conclude that the jury correctly returned a verdict of second degree murder in this case.

Section 14:30.1(1) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.

State v. Latchie · filed 1988-12-14(1)

Second degree murder is defined, in pertinent part, by La.R.S. 14:30.1 as: "Second degree murder is the killing of a human being: (1) When the offender has specific intent to kill or inflict great bodily harm;..." ... Here, the defendant shot the victim while he was in his car, and then went to the driver's window and shot the victim in his car four additional times. Viewing the evidence in the light most favorable to the prosecution, the jury could find beyond a reasonable doubt that the defendant had the specific intent to kill or inflict great bodily harm on the victim.

Section 14:30.1(1) requires proof that the defendant had the specific intent to kill or to inflict great bodily harm, which may be inferred from the circumstances and the defendant's actions.

State v. Perkins · filed 1989-03-15(1)

The defendant was charged with second degree murder under the provisions of La. R.S. 14:30.1(1) which require that the State prove he had the specific intent to kill or to inflict great bodily harm. Specific intent is defined as that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La.R.S. 14:10(1). Even though intent is a question of fact, it need not be proven as a fact, it may be inferred from the circumstances of the transaction and the actions of the defendant. La.R.S. 15:445; State v. Boyer, 406 So.2d 143 (La. 1981).

Section 14:30.1 supports a second-degree-murder conviction when the evidence proves beyond a reasonable doubt that the defendant specifically intended to kill.

State v. Portalis · filed 1989-06-28

In this case, sufficient evidence was adduced for a rational trier of fact to conclude beyond a reasonable doubt that defendant specifically intended to kill Joseph Portalis, in violation of La.R.S. 14:30.1.

Section 14:30.1A defines second degree murder to include a killing with specific intent to kill or inflict great bodily harm and a killing during certain enumerated felonies without such intent; the court found the shotgun killing and armed-robbery attempt satisfied those alternatives.

State v. Bacon · filed 1991-03-28A(1), A(2)

Clearly, the evidence was sufficient to prove second degree murder. The fact that the defendant shot the victim in the head with a shotgun at a fairly short distance indicates a specific intent to kill or inflict great bodily harm. See La.R.S. 14:30.1A(1); State v. Navarre, 498 So.2d 249, 252 (La.App. 1st Cir.1986); State v. Price, 498 So.2d 244, 247 (La.App. 1st Cir.1986), writ denied, 503 So.2d 474 (La.1987). Also, the evidence established that this homicide was committed during an armed robbery attempt. See La.R.S. 14:30.1A(2).

Section 14:30.1 requires specific intent to kill for attempted second degree murder, and that intent may be inferred from the defendant's threats and physical abuse of the victim while armed with a knife.

State v. Yarbrough · filed 1992-03-11

Defendant next argues the evidence presented at trial was insufficient to support a verdict of attempted second degree murder. He contends the State failed to establish beyond a reasonable doubt that he possessed the specific intent to kill the victim as required for a conviction of attempted second degree murder under La. R.S. 14:30.1 and 14:27. Specific intent is a state of mind and need not be proven as a fact but may be inferred from the circumstances of the case and actions of the accused. State v. Graham, 420 So.2d 1126 (La.1982). The evidence reveals that defendant made repeated threats to take the victim's life and physically abused her while he was armed with a knife. The jury found the requisite specific intent to support a guilty verdict on the charge of attempted second degree murder, and, given the circumstances of the crime committed herein, we find no error in this factual determination.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Spotville · filed 1991-06-28(A)(1)

La.R.S. 14:30.1A(1) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... Viewing the evidence in the light most favorable to the prosecution, the jury properly found the defendant had the specific intent to kill Ms. Ducoing or to inflict great bodily harm. There was sufficient evidence to find him guilty beyond a reasonable doubt of being a principal to second degree murder.

Section 14:30.1(A)(1) requires the state to prove that the defendant specifically intended to kill the victim or inflict great bodily harm for a second-degree-murder conviction.

State v. Harris · filed 1993-04-23(A)(1)

To convict a defendant of second degree murder, the state is required to demonstrate the defendant specifically intended to kill the victim or to inflict great bodily harm. La.R.S. 14:30.1(A)(1).

Section 14:30.1 requires specific intent to kill or inflict great bodily harm for second-degree murder; voluntary intoxication did not negate that intent where the defendant's purposeful conduct showed he understood what he was doing.

State v. Corley · filed 1993-05-05

The State introduced the photographs to prove corpus delicti and the defendant's specific intent to kill or inflict great bodily harm upon his wife, an element of proof of second degree murder. ... The actions of the defendant contradict any claim that he was too intoxicated to have specific criminal intent when he chased, beat and strangled his wife, and then tried to place blame on others. ... Therefore, the trial court did not err in rejecting the intoxication defense.

Section 14:30.1 defines second-degree murder, in pertinent part, as killing a human being when the offender has a specific intent to kill or inflict great bodily harm.

State v. Harris · filed 1993-09-16

Defendant was charged and convicted of second degree murder which is defined, in pertinent part, as: "The killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm." La.R.S. 14:30.1. The record shows that defendant was not the only person who got into the back seat of Ms. Hill's car. Hill and defendant testified that at least one other man was in the car. In addition, there was only the defendant's testimony that the gun found in Hill's car was the gun he fired. Davis was shot five times. Charlene Davis, Afrika Alexander and Donald Burns, as well as defendant, place defendant at the scene of the murder. Ms. Davis insisted that it was defendant who stood over her brother and shot him. Also, the location of the wound and the presence of gunpowder show the shooting could not have occurred the way Burns testified it happened.

Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State v. Clark · filed 1994-05-17A.(1)

La.R.S. 14:30.1 defines second degree murder in part as follows: 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.... ... Given the above facts, a rational trier of fact could very well have found that defendant failed to prove by a preponderance of the evidence that he acted in "sudden passion" or "heat of blood" when he shot Dwayne Nogess.

Section 14:30.1 requires proof beyond a reasonable doubt that the killing was committed with specific intent to kill or inflict great bodily harm.

State v. Buchanan · filed 1994-11-02

The State had to prove beyond a reasonable doubt that the killing was done with the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1. State v. Montgomery, 575 So.2d 471 (La.App. 3d Cir.1991). ... From the facts adduced at trial a rational juror could have found that the defendant possessed the specific intent to kill or inflict great bodily harm upon the victim.

Section 14:30.1(A)(1) is the specific-intent form of second-degree murder, distinct from the felony-murder provision in subsection (A)(2).

State v. Salone · filed 1994-12-28(A)(1)

Second degree murder can be either a specific intent crime under La.R.S. 14:30.1(A)(1) or a felony murder crime under R.S. 14:30.1(A)(2). Attempted second degree murder requires specific intent to kill. ... Considering that the defendant shot Walker twice, including once in the back while Walker was on the ground, the record clearly supports a conviction for attempted second degree murder as a specific intent crime under R.S. 14:30.1(A)(1) rather than R.S. 14:30.1(A)(2) the felony murder provision.

Section 14:30.1(B) classifies a homicide committed with intent to kill or inflict great bodily harm as second degree murder when no qualifying aggravating circumstance is found.

Baldwin v. Frank C. Blackburn, Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, State of Louisiana · filed 1981-08-14(B)

Under Payton, then, a Louisiana jury finding that a defendant committed a homicide with the intent to kill or inflict great bodily harm would, absent a finding of one of the aggravated circumstances, result in conviction of murder in the second, not the first, degree.

Section 14:30.1(A) defines second-degree murder in part by requiring specific intent to kill or inflict great bodily harm, and the court held that attempted second-degree murder requires specific intent to kill and does not require use of a dangerous weapon.

State v. Caine · filed 1995-03-03(A)

A conviction of attempted second degree murder requires a finding that the defendant had the specific intent to kill. A finding that the defendant had only the intent to inflict great bodily harm will not support a conviction of attempted second degree murder. ... We find that the defendant had the specific intent to kill Fitzgerald when he stabbed her with a needle that was possibly contaminated with the H.I.V. virus. ... Furthermore, although the defendant claims that the state failed to prove that the needle was a dangerous weapon, La.R.S. 14:27 and 14:30.1 do not require that a defendant use a dangerous weapon in order to be found guilty of attempted second degree murder.

Section 14:30.1 defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, but an attempted second-degree murder conviction requires specific intent to kill.

State v. Williams · filed 1996-01-31

La.R.S. 14:30.1 sets forth that "[s]econd degree murder is the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm." ... Accordingly, as a matter of law, attempted murder may not be committed by an act with only the specific intent to commit great bodily harm; there must be specific intent to kill.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the court held that the evidence was sufficient for a rational factfinder to find those elements beyond a reasonable doubt.

State v. Clark · filed 1996-03-06(A)(1)

Defendant was convicted of second degree murder, a violation of La.R.S. 14:30.1 which states in pertinent part: 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; ... ... As one can see from the testimony and evidence presented, the jury was required to evaluate facts which support both the state’s theory of the case, that defendant had the specific intent to kill Michael Sievers when she emptied her pistol into him, and the defendant’s claim that she did so, only in self defense, being convinced that she was in imminent danger of losing her life or receiving great bodily harm and that the killing was necessary to save herself from that danger. See La.R.S. 14:30.1 and La.R.S. 14:20. ... Viewing the evidence in the light most favorable to the prosecution, we find: (1) a rational trier of fact could have found the essential elements of the crime of second degree murder proven beyond a reasonable doubt; and (2) a rational trier of fact could have likewise found that the defendant was not in imminent danger of losing her life or receiving great bodily harm and that the killing of the victim was necessary to save herself from that danger. Accordingly, this assignment of error lacks merit.

Section 14:30.1(A)(2) covers an attempted killing committed during an armed robbery even without specific intent to cause death or great bodily harm.

State v. Green · filed 1996-04-17(A)(2)

Attempted second degree murder encompasses an attempted killing without any specific intent to cause death or great bodily harm when the offender is engaged in the perpetration of an armed robbery. See La. R.S. 14:30.1(A)(2), 14:27. Defense counsel did not object to the responsive verdict. From a review of the record, there is no question that the State proved that Green shot Ham during the perpetration of an armed robbery. Accordingly, this assignment of error is without merit.

Section 14:30.1 defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Ellis · filed 1996-06-26

Ellis was charged with second degree murder, which is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. Ellis does not contest that he stabbed Donnie on July 29, 1994; rather, he urges he was incapable of forming the specific intent required by the statute because of his intoxication at the time of the offense. ... The facts presented—that Ellis fought with the victim, left, secured a knife, then chased, threatened and stabbed him in the chest—are sufficient to prove beyond a reasonable doubt that Ellis had the specific intent to kill or inflict great bodily harm upon Donnie.

Section 14:30.1(A)(2) permits second-degree-murder liability without intent to kill or inflict great bodily harm when the offender participates as a principal in a qualifying drive-by shooting.

State v. Bowman · filed 1996-07-10(A)(2)

This statute states in part that second degree murder is a killing without any intent to cause death or great bodily harm when the offender is engaged in the perpetration or attempted perpetration of certain enumerated felonies, including a drive-by shooting. ... Therefore, if the State proved that the defendant aided and abetted in the drive-by shooting of Carnel Preston, whether or not he had the specific intent to kill or cause great bodily harm to the victim, he can be convicted of second degree murder.

Section 14:30.1(A)(1) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, while subsection (A)(2) covers killings committed during specified felonies even without that intent.

State v. McCartney · filed 1996-10-09(A)(1), (A)(2)

We find the evidence presented at trial was sufficient to prove defendant was guilty as a principal to second degree murder. La.R.S. 14:30.1(A)(1). ... We also find that sufficient evidence was presented to show defendant was engaged in the perpetration or attempted perpetration of an armed robbery or aggravated kidnaping when Deselle was murdered and, thus, guilty of second degree murder, in violation of La.R.S. 14:30.1(A)(2). ... It is irrelevant whether defendant himself had the intent to kill or inflict great bodily harm upon Deselle as there was sufficient evidence to prove defendant was engaged in the commission of an armed robbery or aggravated kidnapping when Deselle was murdered.

Section 14:30.1(A)(1) requires proof that the offender specifically intended to kill or inflict great bodily harm for a second-degree-murder conviction.

State v. MacKey · filed 1996-12-11(A)(1)

La.R.S. 14:30.1 provides in pertinent part: 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.... ... We find that the evidence presented at trial established that the defendant actively desired the criminal consequences to follow his actions and therefore was sufficient to prove the defendant had the specific intent to kill or inflict great bodily harm, despite defendant's contention that this was an accident and that he did not have the requisite intent. ... We find that the evidence, when viewed in a light most favorable to the prosecution, was sufficient for any rational trier of fact to find the defendant guilty as charged, beyond a reasonable doubt.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with a specific intent to kill or inflict great bodily harm.

State v. Tolbird · filed 1996-12-11(A)(1)

La. R.S. 14:30.1 A(l) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... In this case, the evidence, viewed in the light most favorable to the prosecution, is sufficient to support defendant’s conviction of second degree murder. ... The evidence was sufficient for a rational juror to believe that the killing was intentional. Defendant, who neither testified nor called any witnesses, did not prove by a preponderance of the evidence that he was so intoxicated as to preclude the requisite specific intent.

Section 14:30.1(A)(2)'s felony-murder theory cannot support an attempted second-degree-murder conviction, which requires specific intent to kill.

State v. Guccione · filed 1997-04-29(A)(2)

Rather, attempted second degree murder requires the specific intent to kill, and this is in consistent with the felony murder theory of La. R.S. 14:30.1 A(2).

Section 14:30.1(A)(1) defines second-degree murder as killing a human being when the offender has a specific intent to kill or inflict great bodily harm.

State v. Lutcher · filed 1997-09-19(A)(1)

The applicable definition of second degree murder in this case is the killing of a human being "[w]hen the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second degree murder in part by including intent to inflict great bodily harm, but that intent cannot substitute for the specific intent to kill required for attempted second degree murder.

State v. Hongo · filed 1997-12-02(A)(1)

As previously stated, the trial court's jury instructions violated the well-established rule of State v. Butler, 322 So.2d 189 (La. 1975), which requires that in order to find a defendant guilty of attempted second degree murder, the State must prove that the defendant had the specific intent to kill. The intent to inflict great bodily harm, while an element of second degree murder, may not be used to support a conviction of attempted murder. Id. at 192-93.

Section 14:30.1(A)(1) requires proof of the specific intent requisite for second degree murder; firing at close range while telling the victim he would die supported that finding.

State v. Anderson · filed 1998-02-06(A)(1)

The state therefore did not need to prove which man actually fired the fatal shot, and defendant's act in firing at close range while yelling to the victim that he would die that night otherwise supported the court's finding that he had possessed the requisite specific intent to commit second degree murder.

For an attempt to violate § 14:30.1, the prosecution must prove specific intent to kill and an overt act tending toward accomplishment of the killing.

State v. Meads · filed 1999-04-01

In State v. Jarman, 445 So.2d 1184, 1189 (La.1984), the supreme court, citing State v. Huizar, 414 So.2d 741, 746 (La.1982), held that "[t]he gravamen of the crime of attempted murder, whether first or second degree, is the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal." (emphasis added.); See also La.R.S. 14:27 and 30.1; State v. Barnett, 96-2050, p. 5 (La. App. 1st Cir.9/23/97); 700 So.2d 1005, 1009. ... Viewing all the evidence in the light most favorable to the state, any rational trier of fact could have concluded beyond a reasonable doubt and to the exclusion of any reasonable hypothesis of innocence that defendant was guilty of attempted second degree murder. This assignment of error is without merit.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Cordero · filed 1999-06-01(A)(1)

Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1 A(1). ... After viewing the evidence in the light most favorable to the prosecution, we find that the State proved that the defendant had specific intent to kill or inflict great bodily harm beyond a reasonable doubt.

Section 14:30.1(A)(1) defines second degree murder to include a killing committed with the specific intent to kill or inflict great bodily harm.

State v. Hall · filed 1999-12-22(A)(1)

Thus in order to support a conviction as a principal to second degree murder, the State must show that the defendants had specific intent to kill or to inflict great bodily harm.

Section 14:30.1 defines second-degree murder as killing a human being when the offender has a specific intent to kill or inflict great bodily harm.

State v. Scott · filed 2000-01-05

La. R.S. 14:30.1 defines second degree murder as "the killing of a human being. ....when the offender has a specific intent to kill or to inflict great bodily harm."

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Patterson · filed 2000-01-25(A)(1)

Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1A(1); ... There are several factors which point to defendant's specific intent to kill, or at least to inflict great bodily harm. ... Therefore, viewing the evidence in the light most favorable to the prosecution, we find that the State proved the essential elements of second degree murder beyond a reasonable doubt.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or a killing during the perpetration or attempted perpetration of second-degree kidnapping even without that intent.

State v. Robinson · filed 2000-03-01(A)(1) and (A)(2)(a)

Second degree murder is defined, in pertinent part, as "... the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of... second degree kidnapping ... even though he has no intent to kill or to inflict great bodily harm." La. R.S. 14:30.1. ... Second degree murder is defined, in pertinent part, as "... the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1. Specific intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act. La. R.S. 14:10(1); State v. Lindsey, 543 So.2d 886 (La.1989), cert. denied, 494 U.S. 1074, 110 S.Ct. 1796, 108 L.Ed.2d 798 (1990); State v. McCray, 621 So.2d 94 (La.App. 2d Cir. 1993). Specific intent need not be proved as a fact; it may be inferred from the circumstances of the transaction and the actions of Defendant.

Section 14:30.1 defines second-degree murder to include killing with specific intent to kill or inflict great bodily harm, and that intent may be established from the circumstances and conduct proved at trial.

State v. Mitchell · filed 2000-03-01

La. R.S. 14:30.1, in pertinent part, defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm; or when the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, drive-by shooting, armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm. ... After viewing the evidence, both direct and circumstantial, in the light most favorable to the prosecution, a rational trier of fact could have found that defendant had the specific intent to kill or cause great bodily harm to Lewis, thus establishing all of the essential elements of second degree murder beyond a reasonable doubt.

Section 14:30.1 makes a killing second-degree murder when the offender specifically intends to kill or inflict great bodily harm, and that intent may be inferred from a sudden drive-by shooting.

State v. Laymon · filed 2000-03-15

La. R.S. 14:30.1 defines second degree murder in pertinent part as "the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm." ... In this case, it was established that Ivory Simms was killed by gunfire in a sudden, drive-by attack. The perpetrators' specific intent could be inferred from the manner of the attack itself.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances.

State v. Lucas · filed 2000-05-12(A)(1)

The crime of second degree murder, in pertinent part, "is the killing of a human being: (1)[w]hen the offender has a specific intent to kill or to inflict great bodily harm;...." La. R.S. 14:30.1(A)(1). ... A thorough review of the record convinces us that the evidence presented herein, viewed in the light most favorable to the State, proved beyond a reasonable doubt, and to the exclusion of every reasonable hypothesis of innocence, all of the elements of the offense of second degree murder and the defendant's identity as the perpetrator of that offense.

Section 14:30.1(A)(1) defines second-degree murder to include killing with specific intent to kill or inflict great bodily harm, while subsection (B) mandates life imprisonment without benefits.

State v. Henderson · filed 2000-06-23(A)(1), (B)

The crime of second degree murder, in pertinent part, "is the killing of a human being: (1)[w]hen the offender has a specific intent to kill or to inflict great bodily harm...." La. R.S. 14:30.1(A)(1). The purpose of the statute is to prevent the intentional killing of human beings. The statute accomplishes this purpose without requiring the State to prove that the defendant specifically intended the death of the person who was actually killed. See State v. Johnson, 29,629, p. 10 (La.App.2d Cir.8/20/97), 698 So.2d 1051, 1056. ... Accordingly, there was no reason for the trial court to deviate from the mandatory sentence provided for the instant offense by La. R.S. 14:30.1(B).

Section 14:30.1(A)(1) requires proof beyond a reasonable doubt that the killing was committed with specific intent to kill or inflict great bodily harm.

State v. Stewart · filed 2000-10-04(A)(1)

In order to convict him of second degree murder, the State had to prove beyond a reasonable doubt that the killing was done with the specific intent to kill or inflict great bodily harm.

Section 14:30.1 defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, and the court applied that definition in finding the evidence sufficient to prove the defendant's intent to kill.

State v. Matthis · filed 2000-11-29

La. R.S. 14:30.1 defines second degree murder as "the killing of a human being ... when the offender has a specific intent to kill or to inflict great bodily harm." Specific criminal intent is defined as "that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." La. R.S. 14:10(1). Specific criminal intent need not be proven as a fact, but may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Maxie, 93-2158 (La.4/10/95), 653 So.2d 526, 532. Here, the defendant argues there was no evidence of his intent to kill the victim and that he was an unknowing and unwilling participant in Marullo's plan. However, the evidence establishes that the defendant drove Marullo and the victim in his own car in the middle of the night to a deserted spot, and even by his own admission, allowed Marullo to beat the victim before he intervened. The victim was savagely beaten, pointing to the fact that even if the defendant did intervene in the beating, he did not do so until Marullo had inflicted great bodily harm. The defendant then, by his own admission, drove the car to a bar, and continued partying while the victim lay struggling for life. Most importantly, the evidence establishes that the defendant went to the bar and began washing up after the crime, evidencing his intent to cover his tracks. He washed his clothes, moved the cleaned car to a body shop, turned over the wrong clothes to authorities, did not even approach authorities for days and then, only did so by his mother making the call. Most importantly, the State presented a witness who said that the defendant was bragging at the bar that he ran over the victim with his car. The trier of fact, a seasoned Criminal District Court judge, found the witness credible. These facts are more than sufficient to support a finding that the defendant intended to kill the victim and that he succeeded in that objective.

Section 14:30.1(A)(1) defines second degree murder as killing a person with the specific intent to kill or inflict great bodily harm, and specific intent exists when the perpetrator actively desired those criminal consequences.

State of Louisiana v. Brisco · filed 2026-01-20(A)(1)

Second degree murder occurs when the perpetrator kills a person while having the specific intent to either kill or inflict great bodily harm upon the victim. ... A perpetrator is deemed to have specific intent when the circumstances and actions of the perpetrator indicate that he actively desired the prescribed criminal consequences to follow his act.

Section 14:30.1 defines second degree murder as a killing committed with a specific intent to kill or inflict great bodily harm, but an attempted second degree murder conviction requires specific intent to kill.

State v. Bishop · filed 2001-07-24

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. "Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended." La. R.S. 14:27. A specific intent to kill is an essential element of the crime of attempted second degree murder; a specific intent to inflict great bodily harm is not sufficient for a finding of attempted second degree murder.

Section 14:30.1(A)(1) defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and a defendant's claim of sudden passion or heat of blood does not negate proof of those murder elements.

State v. Mason · filed 2001-01-30(A)(1)

La. R.S. 14:30.1 provides in part: 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 ... ... Viewing the evidence in the light most favorable to the prosecution, we find that any trier-of-fact could have found the Defendant guilty beyond a reasonable doubt of both the elements of the crime and that the Defendant failed to prove the mitigatory factors by a preponderance of the evidence.

Section 14:30.1 defines second-degree murder to include specific intent to kill or inflict great bodily harm, but an attempted second-degree-murder conviction requires specific intent to kill.

State v. Lewis · filed 2001-06-22

Second degree murder occurs when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. The gravamen of the crime of attempted murder, whether first or second degree, is the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal. ... As noted by the state, the proper law regarding specific intent was stringently argued by both sides before the trial court rendered its judgment. Although not required, the trial court was charged with the proper law regarding the necessary specific intent to kill to convict of attempted second degree murder. ... Any error in the trial court's utterance of the incorrect phrase, "or inflict great bodily harm," was harmless under the particular facts of this case. This assignment of error is therefore without merit.

Section 14:30.1 covers a killing committed with specific intent to kill or inflict great bodily harm; for principal liability, the state must prove that intent and assistance in the offense.

State v. Mathews · filed 2001-09-28(A)(1)

Thus, in order to support a conviction as a principal to second-degree murder, the state must show that Mathews had the specific intent to kill or inflict great bodily harm and that he assisted Gage in the commission of this offense.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm and mandates life imprisonment without benefit of parole, probation, or suspension of sentence.

State v. Crotwell · filed 2001-11-09(A)(1), (B)

We also find that there was sufficient evidence that defendant had the specific intent required for the offense of second degree murder. Minutes before shooting the victim, defendant talked about killing the victim and his girlfriend as a way to run away with Jeremy. Defendant obviously loaded the gun, which had a telescope, with several rounds of ammunition. He aimed and fired the gun at the victim, shooting him in the back and fatally wounding him. It is obvious that this shooting was not accidental or a joke gone awry. ... In summary, defendant presented no particular facts regarding his family history, or special circumstances of his life, that would support a deviation from the mandatory sentence provided in La.R.S. 14:30.1 B. Therefore, defendant's sentence is not excessive.

Section 14:30.1 defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. MacKens · filed 2001-12-28

Second degree murder, as pertinent for this case, is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. ... Therefore, we find that due to the number of stabs, as well as the nature of Donna's wounds, there was sufficient evidence to find that Mackens possessed the specific intent to kill or inflict great bodily harm.

Section 14:30.1 defines second degree murder, in pertinent part, as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Hurst · filed 2002-09-25

Defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1, which provides in pertinent part that it is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm.

Section 14:30.1(A)(1) covers second-degree murder based on specific intent to kill, and an attempted second-degree murder conviction must be based on that specific-intent theory rather than felony murder.

State v. Gay · filed 2002-10-23(A)(1)

Of course, second degree murder can be either a specific intent crime or a felony-murder crime under La. R.S. 14:30.1. Importantly, however, there exists no such crime as attempted second degree felony murder because that crime requires proof of specific intent to kill; this is inconsistent with the felony murder theory of an unintentional killing. ... Accordingly, it is reasonable to conclude that the jury convicted Gay of attempted second degree murder based upon a determination that he possessed the specific intent to kill Hill under the provisions of La. R.S. 14:30.1(A)(1). Because such a determination required no proof of armed robbery, and Gay's armed robbery conviction required no proof of specific intent to kill, we find that these convictions fail to violate the Double Jeopardy Clause.

For an attempted second degree murder conviction, Section 14:30.1 requires specific intent to kill; the completed offense may be based on specific intent to kill or to inflict great bodily harm.

State v. Bishop · filed 2003-01-14

To sustain a conviction for attempted second degree murder, the state must prove that the defendant: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim's death. La. R.S. 14:27; 14:30.1. Although the statute for the completed crime of second degree murder allows for a conviction based on "specific intent to kill or to inflict great bodily harm," La. R.S. 14:30.1, attempted second degree murder requires specific intent to kill. State v. Huizar, 414 So.2d 741 (La. 1982).

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm; an attempt to commit second-degree murder requires specific intent to kill.

State v. Pierre · filed 2003-06-11

La.R.S. 14:30.1 provides that second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... To establish attempted second degree murder the State must have proved beyond a reasonable doubt that the Defendant specifically intended to kill her husband and that she committed an "act for the purpose of and tending directly toward the accomplishing of" that intent. Specific intent to commit great bodily harm is not enough.

Section 14:30.1(A)(1) defines second-degree murder as killing with specific intent to kill or inflict great bodily harm, while subsection (B) mandates life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

State v. Fielding · filed 2003-12-10(A)(1), (B)

On this record, we find that the testimony and physical evidence were sufficient for a rational jury to find that Defendant had the specific intent to kill or inflict great bodily harm when he fired his weapon at Mr. Stephens' head. ... Since we find sufficient evidence to convict Defendant of second degree murder under La. R.S. 14:30.1(A)(1), we pretermit any discussion of Defendant's arguments challenging the State's proof of the shooting during an armed robbery under section (A)(2)(a) of the statute. ... The sentence for second degree murder is found in La. R.S. 14:30.1(B) which reads: 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. ... When there is a constitutional mandatory sentence, there is no need for the trial court to justify, under article 894.1, a sentence it is legally required to impose. ... The decision to assess mandatory life sentences for certain felonies is within the prerogative of the legislature. Id. ... We find no such unusual circumstances in this case; and, on the evidence presented, we find that imposition of the mandatory life sentence does not shock the sense of justice.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances, including the number and nature of stab wounds.

State v. Van Sales · filed 2004-03-03

Second-degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. State v. Ellis, 28,282 (La.App.2d Cir.6/26/96), 677 So.2d 617, writ denied, 96-1991 (La.2/21/97), 688 So.2d 521. ... In the case sub judice, we find that the facts and circumstances presented at trial in the form of witness testimony and physical evidence were such that the existence of the main fact, that Defendant had the requisite specific intent to kill or to inflict great bodily harm, may be inferred according to reason and common experience. See State v. Lilly, supra; State v. Turner, supra. Defendant stabbed and/or cut Farmer 50 times. Given the number and nature of the victim's stab wounds, we find it was reasonable for the trier of fact to determine that Defendant had the specific intent to kill or inflict great bodily harm upon this victim. See State v. Miller, supra; State v. Mackens, supra.

Subsection (A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Morehead · filed 2004-04-02(A)(1)

La. R.S. 14:30.1 provides, in pertinent part: ... A. Second degree murder is the killing of a human being: ... (1) When the offender has a specific intent to kill or inflict great bodily harm. ... A review of the evidence in a light most favorable to the state, shows that a reasonable jury could have found that the defendant murdered Ezekiel Jones.

Section 14:30.1(A)(1) requires specific intent to kill for attempted second-degree murder; the felony-murder provision in § 14:30.1(A)(2)(a) cannot support an attempt conviction.

State v. Herron · filed 2004-05-14(A)(1), (A)(2)(a)

The crime of attempted second degree murder cannot be based upon an underlying felony. State v. Graham, XXXX-XXXX, p. 7 (La.App. 1 Cir. 2/14/03), 845 So.2d 416, 421. An attempt to commit second degree murder requires that the offender possess the specific intent to kill and commit an overt act tending toward the accomplishment of that goal. La. R.S. 14:27(A) and 14:30.1(A)(1).

Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, and a close-range shot aimed at a person can establish that intent.

State v. Dooley · filed 2004-09-22(A)(1)

In the present case, the evidence, viewed in a light most favorable to the state, was sufficient to convict the defendant of second degree murder. ... Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1 A. The discharge of a fireman at close range and aimed at a person is indicative of a specific intent to kill or inflict great bodily harm upon that person. ... After viewing the totality of the evidence presented in a light most favorable to the prosecution, a rational trier of fact could have concluded beyond a reasonable doubt that the evidence presented by the state was sufficient to find the defendant guilty of second degree murder, and obstruction of justice, thus Jocelyn's arguments to the contrary are without merit.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Mitchell · filed 2004-12-15(A)(1)

Second degree murder is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). Specific intent is the state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. ... The record shows that, although defendant has claimed that he was too intoxicated to form the specific intent to kill or inflict great bodily harm, he nonetheless was sober enough to arm himself, drive to the bar, and engage in coherent conversations with the club owner, several of his acquaintances, and the victim. ... Clearly, the evidence proved beyond a reasonable doubt that defendant's alcohol consumption neither caused him to commit this crime nor prevented him from forming the requisite specific intent.

Section 14:30.1(A)(1) makes a killing second-degree murder when the offender has specific intent to kill or inflict great bodily harm.

State v. McKinney · filed 2004-12-22(A)(1)

Thus, the record supports a finding that McKinney took the black Ruger from James and fired it. ... Moreover, we agree with the prosecution’s argument that the doctrine of principals is also sufficient to support McKinney’s conviction and sentence. ... Thus, the evidence was sufficient for a reasonable juror to find the defendant guilty of second degree murder.

Second-degree murder under § 14:30.1(A)(1) requires specific intent to kill or inflict great bodily harm; firing into a crowd can establish that intent even without a specific intended victim, and a principal must share that intent.

State v. Mitchell · filed 2005-02-17(A)(1)

The discharge of a firearm in the direction of a crowd of innocent bystanders has repeatedly been recognized in the jurisprudence as sufficient to prove specific intent to kill or inflict great bodily harm. ... The specific intent to kill or to inflict great bodily harm is therefore present despite the defendant's lack of focus on a specific victim in the crowd because the circumstances indicate that the defendant actively desired at the minimum to inflict great bodily harm. ... The evidence on this issue of specific intent was therefore sufficient to support the jury's verdict.

Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, which may be inferred from the circumstances and the defendant's actions.

State v. Thomas · filed 2005-05-11(A)(1)

Second degree murder is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). Specific intent is the state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1); State v. Ellis, 28,282 (La.App. 2d Cir.6/26/96), 677 So.2d 617, unit denied, 96-1991 (La.2/21/97), 688 So.2d 521. As a state of mind, specific intent need not be proved as a fact; it may be inferred from the circumstances and the actions of the defendant. State v. Murray, supra. The determination of whether the requisite intent is present is a question for the trier of fact. State v. Mitchell, supra. ... The circumstances of the shooting and the actions of the defendant reveal that he had specific intent to kill or inflict great bodily harm. He shot the victim twice from a relatively close range. He continued firing at Ms. Pierce and Mr. Smalley after the victim had been fatally injured. The police collected 14 spent shell casings from the crime scene. The jury determined that the defendant had the specific intent required to prove second degree murder, and the evidence supports that finding.

For attempted second-degree murder, the State must prove specific intent to kill; the completed offense may be based on specific intent to kill or inflict great bodily harm.

State of Louisiana v. Runyon · filed 2005-11-02(A)(1)

To sustain a conviction for attempted second degree murder, the state must prove that the defendant: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim’s death. La. R.S. 14:27; 14:30.1. Although the statute for the completed crime of second degree murder allows for a conviction based on “specific intent to kill or to inflict great bodily harm,” La. R.S. 14:30.1, attempted second degree murder requires specific intent to kill. State v. Huizar, 414 So.2d 741 (La.1982).

Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Junior Ray Fontenot · filed 2005-12-30(A)(1)

Second degree murder is defined at La.R.S. 14:30.1, which provides, in part: 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[.] ... To the contrary, the evidence supports the jury’s finding of intent.

Section 14:30.1 defines second-degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Williams · filed 2006-01-18

The appellant was charged with and convicted of second degree murder, which is defined in pertinent part as "the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1.

Section 14:30.1 defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Jones · filed 2006-01-25

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... The evidence, viewed in the light most favorable to the prosecution, was sufficient for a rational trier of fact to reasonably conclude that all of the elements of second degree murder were proved beyond a reasonable doubt. The testimony of Gober is sufficient to prove that the defendant fired several shots at the victim, actions indicative of the defendant's specific intent to kill or inflict great bodily harm upon the victim.

Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. LeBoeuf · filed 2006-09-15(A)(1)

The crime of second degree murder is defined, in pertinent part, as "the killing of a human being: (1)[w]hen the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) [w]hen the offender is engaged in the perpetration or attempted perpetration of . . . armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm." La. R.S. 14:30.1(A)(1), (2)(a).[3] ... The evidence of defendant's statements and actions during the moments leading up to and immediately following the shooting was sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of second degree murder beyond a reasonable doubt.

Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, and intent may be inferred from circumstances such as stabbing the victim in the chest near the heart.

State of Louisiana v. Johnson · filed 2006-11-02

The Defendant was convicted of second degree murder, which is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1. ... In order to convict the Defendant of second degree murder, the State had the burden of proving the Defendant had the specific intent to kill or inflict great bodily harm upon Jerry Johnson. ... We find that stabbing someone in the left chest near the heart is indicative of the specific intent to at least inflict great bodily harm, if not the specific intent to kill. Accordingly, a rational trier of fact could have found that the State proved the elements of second degree murder beyond a reasonable doubt.

Section 14:30.1(A)(1) covers killings with specific intent to kill or inflict great bodily harm, while § 14:30.1(A)(2)(a) covers killings during the perpetration or attempted perpetration of listed felonies such as armed robbery, even without that intent.

State v. Allen · filed 2006-11-15(A)(1) and (2)(a)

Based upon the evidence relating to Allen's actions, his confession to police and the nature and extent of the victim's injuries, we find that a rational trier of fact could have found beyond a reasonable doubt that Allen was guilty of second degree murder both under the felony (armed robbery)[2] and specific intent portions of La. R.S. 14:30.1(A)(1) and (2)(a).

Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Bryant · filed 2006-12-06(A)(1)

The elements of the crime at issue are set forth in La.R.S. 14:30.1, which states, in pertinent part: ... 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; . . . The use of circumstantial evidence is addressed in La.R.S. 15:438 which states, “The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.”

Section 14:30.1(A)(1) permits second-degree-murder liability based on specific intent, so the State need not prove the armed-robbery alternative in § 14:30.1(A)(2)(a) when specific intent is established.

State of Louisiana v. Paul Roberts, Jr. · filed 2007-01-17(A)(1), (A)(2)(a)

Having determined that specific intent was established pursuant to La.R.S. 14:30.1(A)(1), we find that there was no need for the State to prove that Defendant was committing an armed robbery pursuant to La.R.S. 14:30.1(A)(2)(a).

Section 14:30.1 requires proof that the offender specifically intended either to kill or to inflict great bodily harm.

State v. Johnson · filed 2007-02-07

Second degree murder is defined as the killing of a human being "[w]hen the offender has a specific intent to kill or to inflict great bodily harm." La.R.S. 14:30.1. ... To be convicted of second degree murder, the State has to show that an accused had the specific intent to either kill the victim or inflict great bodily harm. ... We hold that the State did not prove that Defendant possessed the requisite intent to kill when he stabbed the victim, but rather, was acting in the "heat of blood" when he inflicted the injury which resulted in the victim's death.

Section 14:30.1 defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm, and the court found the evidence satisfied that element.

State v. Harrell · filed 2007-08-01(1)

Mr. Harrell was charged with and convicted of second degree murder, which is defined in pertinent part as "the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1. ... In sum, the State established the requisite specific intent to kill or to inflict great bodily harm through Ms. Brewer's testimony concerning Ms. Anderson's statements that Mr. Harrell inflicted the bruises on her body, that Mr. Harrell threatened to kill her, and that she wanted Ms. Brewer to accompany her to Mr. Harrell's house when she returned his possessions because she feared him.

Section 14:30.1(A)(1) makes a killing second-degree murder when the offender specifically intends to kill or inflict great bodily harm.

State v. Baker · filed 2007-08-15A(1)

Second degree murder is defined as the killing of a human being "when the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1 A(1). ... Viewed in the light most favorable to the state, this evidence supports the essential element of specific intent to kill or inflict great bodily harm. A reasonable juror could have rejected the theory that the shooting came from sudden passion or heat of blood. The assignment of error lacks merit.

For attempted second-degree murder, La. Stat. Ann. § 14:30.1 requires specific intent to kill; specific intent merely to inflict great bodily harm is insufficient.

State of Louisiana v. Ivory L. Simon · filed 2007-10-03

To sustain a conviction for attempted second degree murder, the state must prove that the defendant: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim’s death. La. R.S. 14:27; 14:30.1. Although the statute for the completed crime of second degree murder allows for a conviction based on “specific intent to kill or to inflict great bodily harm,” La.R.S. 14:30.1, attempted second degree murder requires specific intent to kill.

Section 14:30.1(A)(1) defines second-degree murder as killing with specific intent to kill or inflict great bodily harm; for attempted second-degree murder, the State must prove specific intent to kill.

State v. Taylor · filed 2007-10-24(A)(1)

Second degree murder is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). Although the complete crime of second degree murder can be proved by showing either specific intent to kill or to inflict great bodily harm, the state must prove that the defendant had the specific intent to kill in order to support a conviction for attempted second degree murder.

Section 14:30.1(A)(1) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and firing multiple shots at a person supported that finding here.

State v. Ross · filed 2007-12-05(A)(1)

Relative to the facts of this case, in order to prove the crime of second degree murder, the state's burden was to prove beyond a reasonable doubt that the defendant acted in accordance with the circumstances listed in La. R.S. 14:30.1(A), which provides in pertinent part: ... (1) When the offender has a specific intent to kill or to inflict great bodily, harm. ... After reviewing the record in the case, we find the evidence is sufficient to support the defendant's conviction for second degree murder. It is undisputed that defendant pointed a loaded 9mm pistol at Morris and fired multiple shots, hitting Morris in the back twice.

Section 14:30.1(A)(1) requires specific intent to kill or inflict great bodily harm for a second-degree murder conviction.

State v. Scott · filed 2007-12-19(A)(1)

The defendant was charged by amended bill of information with second degree murder, contrary to the provisions of La. R.S. 14:30.1 A(1). To support a conviction of second degree murder, the state must show that the defendant had specific intent to kill or inflict great bodily harm. ... A review of this record under the Jackson standard supports the defendant's conviction of second degree murder, including the specific intent to kill or inflict great bodily harm. The defendant, by his own admission, stabbed Mr. Raus in the chest with a knife; an intent to kill might be reasonably inferred from the intentional use of a deadly weapon to produce injuries involving serious risk of death.

For an attempted second-degree murder conviction under § 14:30.1(A)(1), the State must prove that the defendant specifically intended to kill, not merely to inflict great bodily harm.

State v. Fields · filed 2008-01-09(A)(1)

Although second degree murder includes a specific intent to inflict great bodily harm, a conviction for attempted second degree murder requires a finding that the defendant had the specific intent to kill.

Section 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm, and the court held the evidence established that intent here.

State v. Coleman · filed 2008-02-06(A)(1)

Defendant was convicted of second degree murder, a violation of La.R.S. 14:30.1(A)(1), which provides that second degree murder is the killing of a human being "when the offender has a specific intent to kill or to inflict great bodily harm." ... We find the evidence was sufficient for the jury to conclude beyond a reasonable doubt that Defendant had the specific intent to kill the victim.

For attempted second degree murder under § 14:30.1, the State must prove specific intent to kill; intent to inflict great bodily harm alone is insufficient.

State Ex Rel. Gb · filed 2008-05-14

[t]o sustain a conviction for attempted second degree murder, the state must prove that the defendant: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim's death. La. R.S. 14:27; 14:30.1. Although the statute for the completed crime of second degree murder allows for a conviction based on "specific intent to kill or to inflict great bodily harm," La. R.S. 14:30.1, attempted second degree murder requires specific intent to kill.

Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, without requiring intent to kill the person actually killed.

State v. Hebert · filed 2008-06-06(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). The purpose of the statute is to prevent the intentional killing of human beings. The statute accomplishes this purpose without requiring the State to prove that the defendant specifically intended the death of the person who was actually killed. State v. Henderson, 99-1945, p. 3 (La. App. 1 Cir. 6/23/00), 762 So.2d 747, 750. The doctrine of transferred intent provides that when a person shoots at an intended victim with the specific intent to kill or inflict great bodily harm and accidentally kills or inflicts great bodily harm upon another person, if the killing or inflicting of great bodily harm would have been unlawful against the intended victim actually intended to be shot, then it would be unlawful against the person actually shot, even though that person was not the intended victim. Henderson, 99-1945 at p. 3, 762 So.2d at 750.

Section 14:30.1(A)(1) defines second-degree murder to include killing with specific intent to kill or inflict great bodily harm, but an attempted second-degree-murder conviction requires specific intent to kill.

State v. Landry · filed 2009-02-13(A)(1)

Louisiana Revised Statutes 14:30.1 provides, in pertinent part: 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[.] To sustain a conviction for attempted second degree murder, the State must prove that the defendant intended to kill the victim and that he committed an overt act tending toward the accomplishment of the victim's death, and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose. See La. R.S 14:27(A); 14:30.1. Although the statute for the completed crime of second degree murder allows for a conviction based on "specific intent to kill or to inflict great bodily harm," attempted second degree murder requires specific intent to kill. State v. Bishop, 2001-2548, p. 4 (La. 1/14/03), 835 So.2d 434, 437.

Section 14:30.1 treats a killing committed with specific intent to kill or inflict great bodily harm as second degree murder.

State of Louisiana v. Brown · filed 2009-04-01

At the time of the offense, second degree murder included “the killing of a human being: (1) when the offender has a specific intent to kill or to inflict great bodily harm . . . .” La.R.S. 14:30.1. ... When the evidence in this case is viewed in the light most favorable to the prosecution, the State proved beyond a reasonable doubt that Defendant beat the victim over a two to three hour period, which shows the specific intent to inflict great bodily harm, and that Shaquanda died as a result of the injuries sustained during the beating.

Section 14:30.1 defines second-degree murder to include a killing committed while the offender is engaged in or attempting armed robbery, even without specific intent to kill or inflict great bodily harm, and the statute applies to a principal in the armed robbery.

State v. Marshall · filed 2009-04-08

Second degree murder is defined as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1. ... Second degree murder is also defined as the killing of a human being when the offender was engaged in or was attempting to engage in armed robbery, even though he has no intent to kill or inflict great bodily harm. La. R.S. 14:30.1. ... Additionally, had the State failed to prove Defendant’s specific intent to commit second degree murder, the evidence was sufficient to support Defendant’s second degree murder conviction under La. R.S. 14:30.1 because Defendant was engaged in an armed robbery at the time Charlie was killed.

Section 14:30.1(A)(1) defines second-degree murder to include a killing committed with the specific intent to kill or inflict great bodily harm; firing a gun into an occupied automobile is sufficient evidence of that intent.

State v. Fields · filed 2009-04-15(A)(1)

The defendant was convicted of second degree murder which is defined in pertinent part as “... the killing of a human being: 1) When the offender has a specific intent to kill or inflict great bodily harm ...” La. R.S. 14:30.1(A)(1). Specific intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1); ... Firing a gun into an automobile occupied by two people is sufficient evidence of the intention to kill one or more of the occupants of the vehicle.

Section 14:30.1 defines second-degree murder to include killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Connor L. Wood · filed 2009-06-03

Louisiana Revised Statutes 14:30.1 defines second degree murder as “the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm.” ... Under these circumstances, the State clearly proved that Defendant possessed the specific intent to kill or inflict great bodily harm on his parents.

Section 14:30.1 defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, and the court found that intent proved by the defendant's admissions and the victims' repeated gunshot wounds.

State v. Wood · filed 2009-06-03

Louisiana Revised Statutes 14:30.1 defines second degree murder as “the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm.” ... We conclude that the evidence presented by the State was sufficient to prove that Defendant possessed the requisite intent to kill or inflict great bodily harm on his parents. ... Under these circumstances, the State clearly proved that Defendant possessed the specific intent to kill or inflict great bodily harm.

Section 14:30.1(1) defines second degree murder, but an attempted second degree murder requires specific intent to kill; intent to inflict great bodily harm is not an element.

State v. Harris · filed 2009-09-23(1)

An attempted second degree murder requires that the defendant possess the specific intent to kill and that he commit an overt act tending toward the accomplishment of that goal. La. R.S. 14:27; La. R.S. 14:30.1; State v. Harris, 26,269 (La.App. 2d Cir.9/21/94), 643 So.2d 779, writ denied, 94-2607 (La.2/17/95), 650 So.2d 251. See also State v. Butler, 322 So.2d 189 (La.1975). An intent to inflict great bodily harm is not an element of the crime. Harris, supra.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from striking the victim in the head with a baseball bat.

State of Louisiana v. Scott · filed 2009-12-09

The defendant was convicted of second degree murder, which is defined as “the killing of a human being . . . [w]hen the offender has the specific intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1. ... In addition, although the defendant may, as he claims, have been swinging the bat at anyone who passed by, specific intent to cause great bodily harm can be inferred from the defendant’s act of hitting Ravare in the head with a bat. Guice, 645 So.2d 1193.

Section 14:30.1 defines second degree murder to include killing with specific intent to kill or inflict great bodily harm, but an attempted second degree murder conviction requires proof of specific intent to kill.

State v. Williams · filed 2010-01-27A

Second degree murder is defined, in pertinent part, as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1 A. ... Thus, in order to convict for attempted second degree murder, the state must prove beyond a reasonable doubt that the defendant had the specific intent to kill. ... Proof of specific intent to inflict great bodily harm is insufficient.

Section 14:30.1 allows a completed second-degree murder conviction when the defendant has the specific intent to kill or to inflict great bodily harm.

State v. Johnson · filed 2010-02-10

Although the statute for the completed crime of second degree murder allows for a [ mconviction based on “specific intent to kill or to inflict great bodily harm,” La. R.S. 14:30.1, attempted second degree murder requires proof of a specific intent to kill.

Section 14:30.1(A) defines second-degree murder to include killing with specific intent to kill or inflict great bodily harm; for attempted second-degree murder, the State must prove specific intent to kill.

State v. Logan · filed 2010-04-14(A)

La. R.S. 14:30.1(A) defines second degree murder as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.” In order to convict a defendant of attempted second degree murder, the state must prove beyond a reasonable doubt that the defendant had the specific intent to kill.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Gilbert · filed 2010-06-02(A)(1)

Second degree murder is defined as a killing of a human being when “the offender has a specific intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1(A)(1). ... Further, Brown was shot twice in the back and a third time in the chest. Based on the injuries Brown suffered, the jury was justified in finding Defendant had the specific intent to kill or to inflict great bodily harm. Accordingly, we find there was enough evidence to convince a rational trier of fact that all of the elements of second degree murder were proven beyond a reasonable doubt.

Section 14:30.1(A) defines second-degree murder as killing with specific intent to kill or inflict great bodily harm; for attempted second-degree murder, the court requires specific intent to kill, not merely intent to inflict great bodily harm.

State v. Collins · filed 2010-06-28(A)

Prior to a 2009 amendment, La. R.S. 14:30.1(A) defined second degree murder, in pertinent part, as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... To be guilty of attempted second degree murder, a defendant must have the specific intent to kill and not merely the specific intent to inflict great bodily harm.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm; for attempted murder, only specific intent to kill suffices.

State of Louisiana v. Miller · filed 2010-11-03(A)(1)

Second degree murder is defined in La.R.S.14:30.1, which states, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or inflict great bodily harm. ... Specific intent is an element of second degree murder. “[S]pecific intent to inflict great bodily harm may support a conviction for murder, but in order to support a conviction for attempted murder, only specific intent to kill is sufficient.”

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm; for attempted second-degree murder, the required intent is specifically an intent to kill.

State v. Kidd · filed 2010-11-03(A)(1)

La. R.S. 14:30.1(A)(1) provides that second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. However, to be guilty of an attempt, the offender must necessarily have intended to kill.

Section 14:30.1(A) permits second-degree murder to be established either by specific intent or by participation in an enumerated felony, and a specific-intent murder conviction may coexist with an armed-robbery conviction when the offenses require different elements.

State v. Boyer · filed 2011-02-02(A)

However, a defendant can be convicted of second degree murder where he had the specific intent to kill the victim or to cause great bodily harm and of armed robbery where he took something of value from the victim |47by force or intimidation while armed with a dangerous weapon.

Section 14:30.1 defines second-degree murder as killing a human being when the offender has specific intent to kill or inflict great bodily harm, and a conviction requires sufficient evidence of that specific intent.

State of Louisiana v. Trahan · filed 2011-07-06

Second degree murder is defined as “the killing of a human being; (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1. ... The State presented no evidence to the jury that could have allowed them to find that Defendant exhibited the requisite specific intent to kill the victim. ... Thus, because the evidence in the record was insufficient to support a verdict of second degree murder, we find that reversal of the jury’s verdict is necessary to guarantee protection of due process to Defendant.

Section 14:30.1(A)(1) defines second-degree murder to include killing a human being when the offender has specific intent to kill or inflict great bodily harm.

State of Louisiana v. Kerry Jerrod Sanders · filed 2011-10-05(A)(1)

The defendant was convicted of second degree murder. For this offense, La.R.S. 14:30.1(A)(1) provides that: “[s]econd degree murder is the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... Thus, a rational trier of fact could have found the essential elements of La.R.S. 14:30.1 proven beyond a reasonable doubt.

Section 14:30.1(A)(2) makes a killing committed during enumerated felonies, including cruelty to juveniles, second-degree murder without requiring specific intent to kill or inflict great bodily harm.

State v. Small · filed 2011-11-16(A)(2)

Under the theory of felony murder as provided in La. R.S. 14:30.1(A)(2), the state is not required to prove that the defendant possessed a specific intent to kill or inflict great bodily harm. This provision defines second degree murder as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of certain enumerated felonies, including cruelty to juveniles or second degree cruelty to juveniles even though she has no intent to kill or to inflict great bodily harm. State v. Ortiz, 96-1609 (La.10/21/97), 701 So.2d 922, 934, cert. denied, 524 U.S. 943, 118 S.Ct. 2352, 141 L.Ed.2d 722 (1998). Thus, under the explicit language of this provision, specific intent to kill or to inflict great bodily harm is not an essential element of felony murder under La. R.S. 14:30.1(A)(2).

Section 14:30.1 requires proof that the offender specifically intended to kill or inflict great bodily harm for second-degree murder; when charged as an attempt, the evidence must show specific intent to kill and an overt act toward that goal.

State v. Alsay · filed 2011-12-13

Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1. ... The crime of attempted murder, whether first or second degree, requires proof of the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal. ... In the present case, the record demonstrates the evidence was sufficient to convict defendant of the charged offenses of attempted first degree murder of D.O. and attempted second degree murder of Kendra. ... Here, the evidence showed that defendant pointed and shot the gun at both Kendra and D.O., and verbalized his desire to kill them. ... We find this evidence is sufficient to establish specific intent. In viewing the evidence in the light most favorable to the State, we find the evidence sufficient to support a conviction for the charged offenses, attempted first degree murder and attempted second degree murder.

Section 14:30.1(A)(1) defines second degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State of Louisiana v. McCray · filed 2012-02-08(A)(1)

Defendant was convicted of second degree murder, defined in La.R.S. 14:30.1, which reads in pertinent part: ... (1) When the offender has a specific intent to kill or to inflict great bodily harm . . . . ... Considering the evidence presented at trial, any rational trier of fact could have found the essential elements of second degree murder proven beyond a reasonable doubt. ... Further, a rational juror could have concluded that Defendant had the specific intent to kill the victim based on the severity of the injuries that resulted in the victim’s death.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm and mandates life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Jefferson · filed 2012-03-07(A)(1), (B)

La. R.S. 14:30.1 provides: 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; ... B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. ... All of the evidence presented showed that Maxie was shot in close range, indicating a specific intent to kill the victim. ... Accordingly, the convictions are affirmed.

Section 14.30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Barnes · filed 2012-05-02(A)(1)

Louisiana Revised Statutes 14:30.1 defines the offense of second degree murder. With regard to the matter now before us, it states, in pertinent part, that “[s]econd degree murder is the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.

State v. Barnes · filed 2012-05-02(A)(1)

Louisiana Revised Statutes 14:30.1 defines the offense of second degree murder. With regard to the matter now before us, it states, in pertinent part, that |2“[s]econd degree murder is the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm[J” La.R.S. 14:30.1(A)(1).

Section 14:30.1(A)(1) defines second-degree murder as killing a human being when the offender has specific intent to kill or inflict great bodily harm.

State v. Woodard · filed 2012-10-03(1)

La. R.S. 14:30.1 provides, in relevant part: 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[.] ... Viewed in a light most favorable to the prosecution, the evidence adduced at trial justifies the conviction. ... The jury was justified in concluding that the defendant killed Winbush.

Section 14:30.1 defines second degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.

State v. Thompson · filed 2012-12-11

Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Smith · filed 2013-01-30(A)(1)

Second-degree murder is defined as “the killing of a human being ... when the offender has the specific intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1 A(1).

Section 14:30.1(A)(1) defines second degree murder as a killing committed with specific intent to kill or inflict great bodily harm; subsection (A)(2)'s felony-murder theory is inconsistent with attempted second degree murder.

State v. Richard · filed 2013-04-24(A)(1) and (A)(2)

Although the bill of information does not specify whether defendant was charged with attempting a felony murder under La. R.S. 14:30.1(A)(2), or a specific intent killing under La. R.S. 14:30.1(A)(1), we conclude that defendant was charged with attempting a specific intent killing since there is no such crime as attempted second degree felony murder because attempted second degree murder requires a specific intent to kill, which is inconsistent with the felony murder theory of La. R.S. 14:30.1(A)(2).

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or during certain enumerated felonies without that intent.

State v. Alexander · filed 2013-05-16

Here, defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1. In Louisiana, second degree murder is defined as the killing of a human being when the offender: 1) has specific intent to kill or to inflict great bodily harm; or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, even though he has no intent to kill or to inflict great bodily harm. See, State v. Lewis, 05-170 (La.App. 5 Cir. 11/29/05), 917 So.2d 583, 589-90, writ denied, 06-757 (La.12/15/06), 944 So.2d 1277. ... Applying the legal principles to the evidence in this case, this Court finds that the State carried its burden of proving that defendant acted with specific intent to kill or inflict great bodily harm. ... In light of this, we find that a rational trier of fact could have found that the evidence was sufficient under the Jackson standard to find that defendant had the specific intent to kill Mr. Kerner. Because the evidence is sufficient to convict defendant under the specific intent theory of second degree murder, there is no need to determine whether the State presented sufficient evidence of felony murder. See, State v. Johnson, 11-336 (La.App. 5 Cir. 2/14/12), 91 So.3d 365, 373 n. 12.

Section 14:30.1(A) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and subsection (B) mandates life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Sizemore · filed 2013-12-18(A), (B)

As relevant herein, second degree murder is defined as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A). ... With regard to the second degree murder charge, the evidence, most notably Kristyn’s testimony, was sufficient to support a conclusion that the defendant shot Christopher Hoffpauir multiple times, causing his death. We note that “the act of aiming a lethal weapon and discharging it in the direction of the victim supports a finding by the trier of fact that the defendant acted with specific intent to kill.” State v. Lawson, 08-123, p. 10 (La.App. 5 Cir. 11/12/08), 1 So.3d 516, 524. ... The sentence for second degree murder is life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. La.R.S. 14:30.1(B). Mandatory sentences are presumed to be constitutional.

Section 14:30.1(A)(1) defines second-degree murder as killing with specific intent to kill or inflict great bodily harm, and subsection (B) makes it punishable by life imprisonment.

State v. Gregoire · filed 2014-03-21(A)(1) (B)

Second degree murder is defined, in pertinent part, as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... An attempt to commit second degree murder requires that the offender possess the specific intent to kill and commit an overt act tending toward the accomplishment of that goal. ... See also La. R.S. 14:27(A) & 14:30.1(A)(1). ... The correct provision states that if the offense so attempted is punishable by death or life imprisonment, the offender shall be imprisoned at hard labor for not less than ten nor more than fifty years without benefit of parole, probation, or suspension of sentence. See La. R.S. 14:27(D)(l)(a). The jury found that defendant attempted to commit two counts of second degree murder. Second degree murder is punishable by life imprisonment. La. R.S. 14:30.1(B). Therefore, the trial court stated the correct sentencing range for defendant’s offenses.

For attempted second degree murder, the required specific intent is intent to kill, not merely intent to inflict great bodily harm.

State v. Wilson · filed 2014-05-07

Thus, the record indicates that, although the trial court read one of the definitions of second degree murder provided in La. R.S. 14:30.1, it failed to clarify that attempted second degree murder, i.e., the crime to which the defendant pled guilty, requires specific intent to kill.

Section 14:30.1(A)(1) defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and the defendant’s conduct.

State v. Walter · filed 2014-06-25(A)(1)

We find that the specific intent to kill was demonstrated by the defendant’s act of deliberately pointing his .38 caliber pistol at the victim and firing it five times, until it was empty.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, which may be inferred from circumstances such as a close-range shot aimed at the victim.

State v. Lloyd · filed 2015-01-14

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. ... The discharge of a firearm at close range and aimed at a person is indicative of a specific intent to kill or inflict great bodily harm upon that person. ... Shooting the victim in the head at close range is indicative of the defendant’s specific intent to kill the victim.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from using a deadly weapon or the severity of the victim’s injuries.

State v. Estes · filed 2015-02-25

Here, defendant was convicted of second degree murder under La. R.S. 14:30.1, which is the killing of a human being, when the offender has a specific intent to kill or inflict great bodily harm. ... Specific intent to kill can be inferred from the intentional use of a deadly weapon, such as a knife or a gun, as well as from the extent and severity of the victim’s injuries.

Section 14:30.1(A)(1) defines second-degree murder to include killing with the specific intent to kill or inflict great bodily harm, and the court held that the evidence was sufficient to support that theory.

State of Louisiana v. Harris · filed 2015-03-04(A)(1)

Considering the victim’s cause and manner of death, we find that there was sufficient evidence that whoever inflicted the injuries upon Aleecia Miller specifically intended to kill the victim or to inflict great bodily harm, or without such intent, killed her while committing cruelty to a juvenile. The evidence was sufficient to prove that whoever inflicted the injuries intentionally mistreated the victim, thus committing cruelty to a juvenile. Where the cause of death was non-accidental blunt force trauma, and the bruises were inflicted within eighteen hours of the discovery of the victim, there was sufficient evidence to prove that the victim died during the commission of cruelty to a juvenile.

Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm; specific intent may be inferred from the circumstances, including pointing and firing a gun at a person and the extent and severity of the victim’s injuries.

State v. Griffin · filed 2015-03-11

La. R.S. 14:30.1 provides that second degree murder is the killing of a human being when the offender has specific intent to kill or to inflict great bodily harm. Specific criminal intent is “that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.” State v. Holmes, 12-579 (La.App. 5 Cir. 5/16/13); 119 So.3d 181, 191. Specific intent need not be proven as a fact, but may be inferred from the circumstances surrounding the offense and the defendant’s conduct. Id. Specific intent to kill may be inferred from a defendant’s act of pointing a gun and firing at a person, as well as the extent and severity of the victim’s injuries.

Section 14:30.1 defines second-degree murder as a killing committed with the specific intent to kill or to inflict great bodily harm.

State of Louisiana v. Vercher · filed 2015-05-06

Second degree murder is defined as the killing of another “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1. ... Viewing the evidence in a light most favorable to the State, there is sufficient evidence to find specific intent to kill or inflict serious bodily injury.

Section 14:30.1(A)(1) makes a killing second-degree murder when the offender has specific intent to kill or inflict great bodily harm; the court applied that requirement in upholding an attempted-second-degree-murder conviction based on the defendant’s participation in the shooting.

State of Louisiana v. Pierre · filed 2015-05-06(A)(1)

In this case, Defendant was charged with second degree murder, which is defined as the killing of a person “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Regardless of who shot Mitchell, Defendant was at least a principal in the robbing and shooting. ... Based on the foregoing, we find that the evidence was sufficient to sustain the verdicts of attempted second degree murder and armed robbery beyond a reasonable doubt.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, and the court held that specific intent may be inferred from the circumstances and actions, including firing a gun toward a crowded parking lot.

State v. Jones · filed 2015-05-20

Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. Specific intent is the state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1); State v. Davis, 40,382 (La.App.2d Cir.10/26/05), 914 So.2d 1129, writ denied, 2005-2419 (La.04/17/06), 926 So.2d 512. As a state of mind, specific intent need not be proved as a fact; it may be inferred from the circumstances and the actions of the defendant. State v. Kahey, 436 So.2d 475 (La.1983); State v. Davis, supra. The discharge of a firearm at close range and aimed at a person is indicative of a specific intent to kill or inflict great bodily harm upon that person. State v. Johnson, 27,522 (La.App.2d Cir.12/06/95), 665 So.2d 1237. The determination of whether the requisite intent is present is a question for the trier of fact. State v. Huizar, 414 So.2d 741 (La.1982). ... When viewed in a light most favorable to the state, the evidence shows Jones was an active participant in the shooting that ended the life of Terrell Savore. ... The evidence shows that Jones was not merely present at the scene, but that he brought a gun to the Canaan Village Apartments and fired that gun in the direction of a crowded parking lot. Regardless of what bullet actually passed through the body of the Terrell Savore, a review of the record shows that the evidence presented in this case was sufficient for any reasonable juror to find Jones possessed the requite specific intent to be convicted as a principal to second degree murder. Accordingly, this assignment of error is without merit.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Bratton · filed 2015-01-14(A)(1)

Second degree murder is the killing of a human being when the offender has the *943specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).

For attempted second degree murder, Section 14:30.1 requires proof of specific intent to kill; intent to inflict great bodily harm alone is insufficient.

State v. Washington · filed 2016-03-16(A)(1)

Although the statute for the completed crime of second degree murder allows for a' conviction based on specific intent to kill or to inflict great bodily harm, a conviction for attempted second degree murder requires proof of the spe*356cific intent to kill. ... To convict Washington of attempted second degree murder the state must prove that Wash: ington: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim’s death.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Bland · filed 2016-04-20(A)(1)

As is relevant to this case, second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).

Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm.

State v. Hutchinson · filed 2016-04-27

Under La. R.S. 14:30.1, second degree murder is defined as the killing of a human being when the offender has specific intent to kill or to inflict great bodily harm.

Section 14:30.1(A) defines second-degree murder, in part, as killing a human being with specific intent to kill or inflict great bodily harm.

State v. Dove · filed 2016-05-04A

La. R.S. 14:30.1 A defines second degree murder, in part, as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.

Section 14:30.1(A) requires proof that the offender had the specific intent to kill a human being for second-degree murder; an attempted second-degree murder conviction also requires an overt act toward accomplishing that killing.

State v. Hickman · filed 2016-05-16(A)

Thus, to prove attempted second degree murder, the State had to establish beyond a reasonable doubt that Defendant had the specific intent to kill a human being and committed an overt act in furtherance of that goal. La. R.S. 14:27; 14:30.1; State v. Bishop, 2001-2548, p. 4 (La.1/14/03), 835 So.2d 434, 437. ... The evidence was sufficient to infer from the circumstances that Defendant specifically intended to kill Victim and that she committed an overt act in furtherance of that goal.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State v. Lirette · filed 2016-06-01(A)(1)

Second degree murder is defined as “the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... The jury clearly found that the defendant possessed the requisite specific intent for a conviction of second degree murder, and we find no error in that credibility determination.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm; for attempted second-degree murder, the court held that the State must prove specific intent to kill.

State v. Rose · filed 2016-09-28(A)(1)

La. R.S. 14:30.1, second degree murder, states in pertinent part: 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; ... Attempted second degree murder requires proof of the specific intent to kill. State v. Huizar, 414 So.2d 741 (La.1982). ... Specific intent may be inferred from the circumstances surrounding the offense and the conduct of the defendant. La. R.S. 14:10(1). Deliberately pointing and firing a deadly weapon at close range are circumstances which will support a finding of specific intent to kill. State v. Brown, 2003-0897 (La. 4/12/05), 907 So.2d 1. ... The jury had ample evidence to find Rose guilty of the responsive verdict of attempted second degree murder.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict serious bodily harm, and specific intent may be inferred from the circumstances and the defendant’s actions.

State of Louisiana v. Guillory · filed 2016-11-02(A)(1)

“Second degree murder is the killing of a human being . . . [w]hen the offender has the specific intent to kill or inflict serious bodily harm.” La.R.S. 14:30.1(A)(1). “Specific intent need not be proven as a fact and may be inferred from the circumstances present and the actions of the defendant.” ... Aiming a gun directly at a victim and pulling the trigger supports a finding of specific intent to kill or inflict serious harm to the victim. ... Here, Mr. Guillory pointedly left the room, returned with a gun, and shot Mr. Boutte three times, apparently while Mr. Boutte was attempting to flee. ... We agree with the trial court that the State proved Mr. Guillory committed the offense of second degree murder beyond a reasonable doubt.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm and a killing during the perpetration or attempted perpetration of specified felonies, even without that intent.

State of Louisiana v. Landry III · filed 2016-11-02

Under La.R.S. 14:30.1, second degree murder is defined as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. ... Louisiana Revised Statutes 14:30.1 also defines second degree murder as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of simple robbery, or another enumerated felony, even though the offender has no intent to kill or to inflict great bodily harm. ... We find that the evidence in this case supports a conviction under either theory.

Section 14:30.1 defines second degree murder to include killing a human being with specific intent to kill or inflict great bodily harm; for attempted second degree murder, the State must prove specific intent to kill.

State of Louisiana v. Richardson · filed 2016-12-28(1)

Thus, although La.R.S. 14:30.1 provides that second degree murder requires ―specific intent to kill‖ or ―to inflict great bodily harm,‖ in order to be convicted of attempted second degree murder, the State must prove that the defendant had the specific intent to kill.

Section 14:30.1(A)(1) defines second degree murder by requiring specific intent to kill or inflict great bodily harm, and that requirement applies to attempted second degree murder.

State v. Jones · filed 2017-03-22(A)(1)

The prosecution had to therefore prove that Mr. Jones had the specific intent to kill the victims, demonstrated by commission of an overt act that tends toward the accomplishment of the victims’ death. See La. R.S. 14:30.1; La. R.S. 14:27.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Stormy Nicole Cofer AKA Stormy Cofer · filed 2017-04-05(A)(1)

“Second degree murder is the killing of a human being” with the “specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). ... Based on the evidence in the record, when viewing the evidence under the Jackson standard, the jury could have reasonably found the defendant killed the victim with the specific intent to inflict death or great bodily harm. Likewise, they could have reasonably found the homicide was not justifiable.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm; read with the attempt statute, attempted second-degree murder requires specific intent to kill.

State v. Stafford · filed 2018-03-07

In the instant matter, the element of "specific intent" is set out in both La.R.S. 14:30.1 and 14:27. Considering the two statutes together, if an accused severely beats the victim only with the intent to kill or to inflict serious bodily harm and the victim dies, then the accused is guilty of second degree murder. However, if a defendant beats a victim with the intent to inflict serious bodily injury and the victim survives, the defendant is not guilty of attempted second degree murder, but is guilty of a different crime, a battery. See Bishop , 835 So.2d 434. If a defendant beats a victim or shoots the victim as in the current case, with the intent to kill, and the victim survives, then it is attempted second degree murder. The two statutes read together cannot be clearer.

Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm, and that specific intent may be inferred from the circumstances and the defendant's conduct.

State v. Wells · filed 2018-03-14

Defendant challenges the sufficiency of the evidence regarding his second degree murder conviction. La. R.S. 14:30.1 provides that second degree murder is the killing of a human being when the offender has specific intent to kill or to inflict great bodily harm. Specific criminal intent is "that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." State v. Holmes , 12-579 (La. App. 5 Cir. 5/16/13), 119 So.3d 181, 191. Specific intent need not be proven as a fact, but may be inferred from the circumstances surrounding the offense and the defendant's conduct.

Section 14:30.1 defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, but an attempted second degree murder conviction requires specific intent to kill.

State v. Lewis · filed 2017-11-15

Second degree murder is the killing of a human being when, among other things, the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. ... Attempted second degree murder requires proof of specific intent to kill; proof of specific intent to inflict great bodily harm is insufficient.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or to inflict great bodily harm.

State of Louisiana v. Eckert · filed 2018-05-02(A)(1)

Second degree murder is defined in La.R.S. 14:30.1(A)(1) as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... The elements of second degree murder, as set forth above, are a killing of another with intent to kill or inflict great bodily harm. There is no dispute that Defendant applied a choke hold to his wife; the only question for the jury to decide was his intent. ... Given the facts elicited at trial, viewed in the light most favorable to the prosecution, including the history of abuse—on the part of both Defendant and Clarissa—in the relationship, the application of a choke hold by Defendant on Clarissa after she seemed to signal her intent to withdraw from the confrontation, and the disputed length of time the choke was applied, we conclude that a rational trier of fact could have found every element of the crime proven beyond a reasonable doubt.

Section 14:30.1 requires proof that the defendant killed the victim with the specific intent to kill or inflict great bodily harm for a second-degree-murder conviction.

State of Louisiana v. Harris · filed 2018-05-09

To convict Defendant of second degree murder under the State’s theory of the case, the State had to prove Defendant killed Raymona Gilmore with the specific intent to kill or inflict great bodily harm in accordance with La.R.S. 14:30.1.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances.

State v. Kitts · filed 2018-05-10(A)(1)

Louisiana Revised Statute 14:30.1(A)(1) defines second degree murder, in pertinent part, as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. Specific criminal intent is that "state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." La. R.S. 14:10(1). Though intent is a question of fact, it need not be proven as a fact. It may be inferred from the circumstances of the transaction. Thus, specific intent may be proven by direct evidence, such as statements by a defendant, or by inference from circumstantial evidence, such as a defendant's actions or facts depicting the circumstances. Specific intent is an ultimate legal conclusion to be resolved by the fact finder. State v. Buchanon , 95-0625 (La. App. 1st Cir. 5/10/96), 673 So.2d 663, 665, writ denied, 96-1411 (La. 12/6/96), 684 So.2d 923.

Section 14:30.1 requires proof that the defendant committed homicide with the specific intent to kill or inflict great bodily harm.

State v. Sandifer · filed 2018-06-27

To support a conviction for second degree murder, the State is required to prove that the defendant committed homicide with the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1.

Section 14:30.1 defines second degree murder to include killing a human being when the offender has the specific intent to kill or inflict great bodily harm.

State v. Smart · filed 2018-08-15

At the time of the offense, La. R.S. 14:30.1 provided, in relevant part, that "second degree murder is the killing of a human being ...[w]hen the offender has a specific intent to kill or to inflict great bodily harm." ... The evidence was sufficient to prove both that Defendant was guilty of second degree murder with specific intent to kill, in violation of La. R.S. 14:30.1, and manslaughter, committed during the perpetration of an aggravated battery, in violation of La. R.S. 14:31(2)(a).

Section 14:30.1 permits a completed second-degree murder conviction based on specific intent to kill or inflict great bodily harm, but an attempted second-degree murder conviction requires specific intent to kill.

State v. Minor · filed 2018-09-26

To sustain a conviction for attempted second degree murder, the state must prove that the defendant: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim's death. La. R.S. 14:27 ; 14:30.1. Although the statute for the completed crime of second degree murder allows for a conviction based on "specific intent to kill or to inflict great bodily harm," La. R.S. 14:30.1, attempted second degree murder requires specific intent to kill.