La. Stat. Ann. § 14:30.1

Section 14:30.1(A)(1) requires proof that the defendant killed a human being with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Robyn B. Little Davis · filed 2013-10-23(A)(1)

Both Defendants were convicted of second degree murder, which requires proof that the defendant killed a human being (1) with the specific intent to kill or inflict great bodily harm or (2) while engaged in the perpetration of an enumerated offense. La.R.S. 14:30.1. This court has held that pointing a gun at a person and firing the gun is an indication of intent to kill that person. ... The victim in this case died of four gunshot wounds, one to the head and three to the torso. Thus, the evidence was sufficient to establish a specific intent to kill the victim.

Section 14:30.1 requires proof that the defendant killed a human being with specific intent to kill or inflict great bodily harm, or while perpetrating an enumerated offense.

State of Louisiana v. Saltzman · filed 2013-10-23

Both Defendants were convicted of second degree murder, which requires proof that the defendant killed a human being (1) with the specific intent to kill or inflict great bodily harm or (2) while engaged in the perpetration of an enumerated offense. La.R.S. 14:30.1. ... Thus, the evidence was sufficient to establish a specific intent to kill the victim.

Section 14:30.1 requires proof that the defendant killed a human being with the specific intent to kill or inflict great bodily harm, or while engaged in the perpetration of an enumerated offense.

State v. Saltzman · filed 2013-10-23

Both Defendants were convicted of second degree murder, which requires proof that the defendant killed a human being (1) with the specific intent to kill or inflict great bodily harm or (2) while engaged in the perpetration of an enumerated offense. La.R.S. 14:30.1. This court has held that pointing a gun at a person and firing the gun is an indication of intent to kill that person. State v. Thomas, 10-269 (La.App. 3 Cir. 10/6/10), 48 So.3d 1210, writ denied, 10-2527 (La.4/1/11), 60 So.3d 1248, cert denied, — U.S. -, 132 S.Ct. 196, 181 L.Ed.2d 102 (2011). The victim in this case died of four gunshot wounds, one *1087to the head and three to the torso. Thus, the evidence was sufficient to establish a specific intent to kill the victim.

Section 14:30.1 defines second-degree murder to include an intentional killing or a killing during specified felonies, and the felony-murder theory does not require proof of intent to kill.

State of Louisiana v. Randle · filed 2024-01-31(A)(1), (B)

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;” or “[w]hen the offender is engaged in the perpetration or attempted perpetration of” “aggravated kidnapping, second degree kidnapping,” or “armed robbery,” among other enumerated felonies, “even though he has no intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1(A)(1), (2). ... Under the felony murder doctrine, no proof of intent to kill is required. La.R.S. 14:30.1(B).

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. Green · filed 2013-10-30(A)(1)

Defendant was convicted of second degree murder in violation of La. R.S. 14:30.1. 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).

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 use and effects of a deadly weapon.

State v. Deweese · filed 2013-10-30

According to La. R.S. 14:30.1, second degree murder is the killing of a human being, when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:10(1) provides that: “[sjpecific criminal intent is that state of linmind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.” Specific intent need not be proven as a fact, but may be inferred from the circumstances and actions of the accused. ... Therefore, we find that specific intent to kill may reasonably be inferred from the extent and severity of the victim’s injuries and from defendant’s use of a deadly weapon to produce those injuries, which involved serious risk of death. ... We conclude that defendant had the specific intent required to be convicted of the responsive verdict of attempted manslaughter.

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 State must prove that intent and an act tending directly toward accomplishing it.

State v. Williams · filed 2013-11-06(A)(1)

Here, the defendant was charged with attempted second-degree murder, violations of La.R.S. 14:27 and La.R.S. 14:30.1, and possession of a firearm by a convicted felon, a violation of La.R.S. 14:95.1. As relevant herein, La.R.S. 14:30.1 states that “[sjecond degree murder is the killing of a human being: (1) [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... With regard to the charges for attempted second degree murder, 110the State had to establish that the defendant had specific intent to kill a human being and committed an act in furtherance of that purpose. State in the Interest of L.H., 94-903 (La.App. 3 Cir. 2/15/95), 650 So.2d 433. Firing into a crowd is sufficient to establish specific intent to kill. Id. We find that the State presented evidence that, if credited by the jury, is sufficient to establish those elements.

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

State v. Coleman · filed 2014-01-08(A)(1)

Second degree murder is defined, 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.” La. R.S. 14:30.1(A)(1).

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 subsection (B) requires a mandatory life sentence at hard labor without benefits.

State v. Francois · filed 2014-01-31(A)(1) (B)

In this case, Defendant was convicted of second degree murder in violation of 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(A)(1). ... Defendant was convicted of second degree murder, the penalty for which is mandatory life imprisonment at hard labor without benefits. La. R.S. 14:30.1(B).

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting an enumerated felony even without that intent.

State v. Sparkman · filed 2014-02-12

Under that statute, 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.

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

State of Louisiana v. Jose Luis Segura, Jr. · filed 2014-03-05(A)(1)

Defendant was charged with second degree murder, which is defined in La.R.S. 14:30.1(A)(1) as ―the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]‖ ... As in the Carmouche case, there is enough evidence in this case, to support a verdict of second degree murder. Defendant was the last person seen with the victim, and the murder weapon, a gun, belonged to Defendant’s girlfriend, which he testified he took without her knowledge. Further, the victim’s keys were found under Defendant’s bed, and the victim’s vehicle was found a block from Defendant’s home. ... We find that the Defendant’s assignment of error that the evidence at trial was insufficient to convict him is without merit.

Section 14:30.1(A) requires proof of a specific intent to kill or inflict great bodily harm, or proof that the killing occurred during one of the statute's enumerated felony circumstances.

State of Louisiana v. Robertson · filed 2014-04-02(A)

In the current case, we find that the evidence was not sufficient to support a verdict of second degree murder. This crime requires proof of a specific intent to either kill the victim or to inflict serious bodily harm or that the person who burglarized the victim’s home was armed with a dangerous weapon. From the position of the body, it appeared as if the victim had just arrived at her house with the grocery bags still in hand. There was no evidence of a dangerous weapon or that anyone inflicted any trauma on the victim. There was no evidence of rape or any of the other enumerated offenses as listed in Section (2)(a) of La.R.S. 14:30.1(A).

Section 14:30.1(A) requires proof of a specific-intent killing or a homicide committed during one of the enumerated felonies for a second-degree-murder conviction.

State v. Robertson · filed 2014-04-02(A)

In the current case, we find that the evidence was not sufficient to support a verdict of second degree murder. ... There was no evidence of rape or any of the other enumerated offenses as listed in Section (2)(a) of La.R.S. 14:30.1(A).

Section 14:30.1, when charged as an attempt under La. R.S. 14:27, requires proof that the defendant specifically intended to kill a human being and committed an overt act in furtherance of that intent.

State v. Milton · filed 2014-05-14

In order to prove attempted second degree murder, the State must establish beyond a reasonable doubt that the defendant specifically intended to kill a human being and that he committed an overt act in furtherance of that goal. State v. Robertson, 11-1017 (La.App. 5 Cir. 5/31/12); 98 So.3d 401, 406, writ denied, 12-1432 (La.1/11/13); 106 So.3d 547.

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

State v. Allen · filed 2014-05-21

At trial, the testimony of the witnesses established that Allen and Alma Blevins had argued several times the night of the fire, and that Allen came back to the apartment to intimidate the victim by breaking her window. ... Most compelling was Meshia Davis’ testimony that she actually saw him standing in the doorway of her mother’s bedroom at the time the fire erupted. ... Further, after our review of the above evidence in the light most favorable to the prosecution, we find there was sufficient evidence for the jury to determine beyond a reasonable doubt that Allen committed second degree murder and 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; intent to inflict great bodily harm alone is insufficient.

State v. Jones · filed 2014-11-19

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. 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; it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose. La. R.S. 14:27(A). To obtain a conviction for attempted second degree murder the state must prove the defendant: (1) intended to kill the victim; and (2) committed an overt act tending toward the accomplishment of the victim’s death. State v. Bishop, 2001-2548 (La.01/14/03), 835 So.2d 434. Attempted second degree murder requires proof of specific intent to kill; proof of specific intent to inflict great bodily harm is insufficient. Id.

Section 14:30.1 defines second-degree murder to include killing another with specific intent to kill or inflict great bodily harm; for attempted second-degree murder, the required specific intent is to kill.

State v. Canales · filed 2014-12-10

Second degree murder, as defined in La. R.S. 14:30.1, includes in pertinent part the killing of another when the offender has the specific intent to kill or inflict great bodily harm. Although second degree murder requires the specific intent either to kill or inflict great bodily harm, attempted second degree murder requires the 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.

State v. Miller · filed 2015-02-25

As applied to this case, second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. See 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. Rivers · filed 2015-02-25(A)(1)

To convict a defendant of second degree murder, the State must prove that defendant had the specific intent to kill or inflict great bodily harm.

Section 14:30.1 requires proof that the defendant killed a human being and specifically intended to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and the defendant’s actions.

State v. Berniard · filed 2015-03-04

In order to prove second degree murder, the State must show the killing of a human being and that the defendant had the specific intent to kill or inflict great bodily harm upon the victim. La. R.S. 14:30.1. Specific intent “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 intent may be inferred from the circumstances and the defendant’s actions.”

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. Baham · filed 2015-03-11

Defendant was convicted of attempted second degree murder.9 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 specific intent to kill or inflict great bodily harm.

State v. Fontenot · filed 2015-03-18(A)(1)

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[.]” La.R.S. 14:30.1(A)(1). ... While there was no one who said they actually saw Defendant pull the trigger, the circumstantial evidence was so overwhelming that the jury was able to find Defendant guilty beyond a reasonable doubt of second degree murder and attempted second degree murder.

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 without benefits and does not authorize a fine.

State v. Pollard · filed 2015-04-15(A)(1), (B)

The pertinent elements of second degree, murder are the killing of a human being with the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Under La. R.S. 14:30.1(B), the penalty for this offense is “life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.” There is no statutory authority for the imposition of a fine; thus, the $276.50 fine is illegal. An appellate court is authorized to correct an illegal sentence even if thej^issue is not raised by either party. La.C.Cr.P. art. 882(A). Therefore, we amend the defendants’ second degree murder sentences to delete the $276.50 fíne. The case is remanded to the trial court to correct the sentencing minutes and the order of commitment to reflect that the fines have been vacated.

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

State 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). ... Louisiana jurisprudence holds that pointing and firing a gun at a person indicates an intent to kill. Id. ... 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(A) defines second-degree murder as either an intentional killing or a killing committed during the perpetration or attempted perpetration of an enumerated felony, including armed robbery, without intent to kill or inflict great bodily harm.

State v. White · filed 2015-07-29(A)

The defendants were charged with second degree murder, which is defined in La. R.S. 14:30.1 A 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 specific enumerated felonies, including armed robbery, even-though he has ho intent to kill or to inflict great bodily harm.

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

State v. Patterson · filed 2015-11-18

To prove attempted second degree murder, the state must establish, beyond a reasonable doubt, that the defendant had the specific intent to kill a human being and that he committed an overt act in furtherance of that goal. La. R.S. 14:27 and 14:30.1; State v. Tillman, 47,386 (La.App.2d Cir.8/8/12), 104 So.3d 480. The state must prove beyond a reasonable doubt that the defendant had the specific intent to kill, because proof of specific intent to inflict great bodily harm is insufficient for a conviction for attempted second degree murder. State v. Bishop, 01-2548 (La.1/14/03), 835 So.2d 434; State v. Murray, 49,418 (La.App.2d Cir.1/14/15), 161 So.3d 918.

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

State v. Johnson · filed 2015-12-09

Defendant was convicted of second degree murder of Aaron Roby. La. R.S. 14:30.1 provides that second degree murder is the killing óf a human being when the offender has 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. Miller · filed 2016-02-03(A)(1)

Defendant argues the evidence was insufficient to support his conviction for the responsive verdict of negligent homicide. He was charged with second degree murder, defined in La.R.S. 14:30.1(A)(1) as: “[T]he killing of a human being: ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... Viewing the evidence in a light most favorable to the prosecution, we find a rational trier of fact could reasonably find the evidence supports a conviction for 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 great bodily harm.

State v. Harris · filed 2016-04-13(A)(1)

Second degree murder is defined in La. R.S. 14:30.1 as the killing of a human being when the offender 1) has specific intent to kill ór 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 | mgreat 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.

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. Everette · filed 2016-04-20A(1)

In the present case, the defendant was convicted of second degree murder. 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(l). The testimony of Enoch Raine, William Fowler, Henry Fowler and Donald Glover provides sufficient evidence to support the defendant’s conviction for the second degree murder of Ernest Smith.

Section 14:30.1 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 plus an act tending directly toward that purpose.

State v. Clements · filed 2016-05-04

Thus, although the completed crime of second degree murder requires the specific intent to kill or inflict great bodily harm, a conviction for attempted second degree murder can only be obtained by showing that the defendant had the specific intent to kill and committed an act tending to | accomplish that purpose.

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. Scott · filed 2016-06-29(1)

The evidence presented was sufficient to infer from the circumstances that Mr. Scott specifically intended to kill Brandon. ... Any rational trier of fact could conclude that all of the elements of second degree murder were proven 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; an attempted second-degree murder conviction requires specific intent to kill and an overt act toward accomplishing the killing.

State v. Bradstreet · filed 2016-06-30

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 requires proof of the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal.

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, not merely intent to inflict great bodily harm.

State v. Christopher · filed 2016-11-16(A)(1)

Second degree murder is defined in La. R.S. 14:30.1. The statute 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; 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. State v. Bishop, 01-2548 (La. 1/14/03), 835 So.2d 434; State v. Logan, 45,136 (La.App. 2 Cir. 4/14/10), 34 So.3d 528, writ denied, 10-1099 (La. 11/5/10), 50 So.3d 812. Proof of specific intent to inflict great bodily harm is insufficient.

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

State v. Kyles · filed 2016-12-07

As it pertains to the instant case, 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. La. R.S. 14:30.1. 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). Whether a defendant possessed the requisite intent in a criminal case is a question for the trier of fact, and' a review of the correctness of this determination is guided by the Jackson standard.

Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting one of several enumerated felonies regardless of intent.

State v. Walker · filed 2016-12-14

Under that statute, 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.

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. Chambers · filed 2017-02-15(A)(1)

Defendant was convicted of second-degree murder in violation of La. R.S. 14:30.1. Second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(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. Neal · filed 2017-05-02

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.

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 the perpetration or attempted perpetration of an enumerated felony even without that intent.

State v. Saulny · filed 2017-05-17

Under La. R.S. 14:30.1, 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.

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

State v. Walker · filed 2017-05-17

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.

Section 14:30.1 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. Johnson · filed 2017-09-27

Second degree murder is defined by La. R.S. 14:30.1, 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." ... Viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found Johnson had the specific intent to kill or inflict great bodily harm to Walter on the morning of June 27, 2013.

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. Anderson · filed 2017-09-27

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.

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 the court applied that requirement to the evidence of the stabbing.

State of Louisiana v. Joseph McKinley Guillory AKA Joseph Guillory · filed 2017-10-11(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). ... Defendant stabbed an unarmed man under the arm with a knife, puncturing his lung. Based on all of the evidence presented, viewed, as we must, in the light most favorable to the prosecution, we agree that the State proved beyond a reasonable doubt that Defendant had the specific intent to kill or inflict great bodily harm upon Mr. Douresseau. See State v. Strother, 09-2357 (La. 10/22/10), 49 So.3d 372. Thus, we find that Defendant’s Assignment of Error Number One, insufficient evidence to convict Defendant of second degree murder, is without merit.

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

State v. Guillory · filed 2017-10-11(A)(1)

“Second degree murder is the killing of a human being” with the “specific intent to kill or to inflict great bodily harm[.]”

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, resulting in the victim's death from the injuries inflicted.

State v. Vail · filed 2017-12-28

In the instant case, the defendant was convicted of second degree murder. The definition of a second degree murder is the killing of a human being when the perpetrator specifically intends to kill the victim or to inflict great bodily harm, and the victim dies as a result of the injuries inflicted La.R.S. 14:30.1.

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. James · filed 2018-02-27(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).

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 subsection (B) provides life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Alexander · filed 2018-04-11(A)(1) (B)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1). The penalty is life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B).

Section 14:30.1 requires the State to prove that a human being was killed with specific intent to kill and that the defendant was the perpetrator.

State v. Hutsell · filed 2018-04-18

In the case sub judice , the State had the burden to prove (1) the killing of a human being; (2) with specific intent to kill; and (3) that Mr. Hutsell was the perpetrator. La. R.S. 14:30.1 ; State v. Scott , 15-0778, pp. 9-10 (La. App. 4 Cir. 6/29/16), 197 So.3d 298, 304-05, writ denied , 16-1542 (La. 6/5/17), 219 So.3d 339.20 The testimony and evidence adduced at trial indicates the perpetrator stabbed Ms. Anderson and left her to die. Mr. Hutsell does not contest these elements. Accordingly, applying the Jackson standard, we find the State proved beyond a reasonable doubt the first two elements of second degree murder.

Section 14:30.1 defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm, or killing while the offender is engaged in one of the listed crimes.

State of Louisiana v. Dillion Wade Trahan AKA Dillon Wade · filed 2018-05-02

Under La.R.S. 14:30.1, 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.”

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; specific intent may be inferred from the circumstances and the defendant’s actions.

State 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. "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." State v. Carroll, 95-859, p. 4 (La.App. 3 Cir. 1/31/96), 670 So.2d 286, 288. Specific intent may be inferred from the circumstances of the case and the defendant's actions. Id.

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 a close-range gunshot to the head.

State v. Bass · filed 2018-05-23

La. R.S. 14:30.1 provides, in pertinent part, 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. 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. ... Specific intent to kill or inflict great bodily harm, as required to convict for second degree murder, may be inferred from the extent and severity of the victim's injuries. ... Specific intent may be inferred when a wound is inflicted at close range, such as shooting someone in the head.

Section 14:30.1 requires proof that the defendant killed a human being, had specific intent to kill, and was the perpetrator.

State v. Alridge · filed 2018-05-23

In the case sub judice , the State had the burden to prove (1) the killing of a human being; (2) with specific intent to kill; and (3) that Dajuan was the perpetrator. La. R.S. 14:30.1 ; State v. Scott , 15-0778, p. 10 (La. App. 4 Cir. 6/29/16), 197 So.3d 298, 304-05, writ denied, *27216-1542 (La. 6/5/17), 219 So.3d 339.

Section 14:30.1(A)(2) defines second-degree murder to include a killing committed while perpetrating or attempting to perpetrate cruelty to juveniles or second-degree cruelty to juveniles, even without specific intent to kill or inflict great bodily harm.

State v. Nabors · filed 2018-07-19(A)(2)

Second degree murder is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm or is engaged in the perpetration or attempted perpetration of cruelty to juveniles or second degree cruelty to juveniles though he has no specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(2).

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

State of Louisiana v. George E. Byrd AKA George Byrd · filed 2018-09-26

In the current case, Defendant was charged with second degree murder, which 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.

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

State v. Hicks · filed 2018-10-17

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.

Section 14:30.1(A)(1), together with the attempt statute, requires proof that the accused specifically intended to kill a human being and committed an overt act in furtherance of that goal.

State v. Anderson · filed 2018-10-17(A)(1)

In order to prove attempted second degree murder, the State must establish beyond a reasonable doubt that the defendant specifically intended to kill a human being9 and that he committed an overt act in furtherance of that goal. ... Based on the testimony and evidence specified above, we find that a rational trier of fact could have concluded that defendant had the specific intent to kill and committed an overt act in furtherance of that goal.

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

State of Louisiana v. Robert Lee Heard, Jr. · filed 2018-11-07

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[.]” La.R.S. 14:30.1.

Section 14:30.1 defines second-degree murder to include a killing committed during the perpetration or attempted perpetration of an enumerated felony and mandates life imprisonment at hard labor without benefits.

State v. Allen · filed 2018-11-14(A)(2), (B)

Allen was found guilty as charged of second degree murder, which La. R.S. 14:30.1 defines, 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; or, when the offender is engaged in the perpetration or attempted perpetration of one of the enumerated felonies in La. R.S. 14:30.1(A)(2). 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. La. R.S. 14:30.1(B).

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

State v. Thompson · filed 2018-11-28(A)(1)

Second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm.7 La. R.S. 14:30.1(A)(1). ... The testimony at trial established that Defendant discharged a firearm several times at the victim-notably, with some shots fired while the victim was on the ground, as testified to by Mr. Scott. Witnesses' identifications of Defendant as the shooter and their accounts of the events, which are corroborated by surveillance footage, supported a finding beyond a reasonable doubt that Defendant was the individual who aimed a gun and discharged it at the victim. Surveillance video depicted Defendant exiting the bar but then returning and shooting the victim. Furthermore, at trial, Defendant argued he shot the victim in self-defense. Accordingly, in viewing the evidence in a light most favorable to the prosecution, we find that the evidence sufficiently supported Defendant's conviction for second degree murder.

Section 14:30.1 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 opinion applies the specific-intent-to-kill element together with an overt act tending toward death.

State v. Bias · filed 2019-02-06(A)(1)

Further, La.R.S. 14:30.1 states: A. Second degree murder is the killing of a human being: (1) When the offender has the specific intent to kill or to inflict great bodily harm[.] ... The essential elements of the crime of attempted second degree murder are a specific intent to kill the victim and the commission of an overt act that *824tends toward the accomplishment of the victim's death. La.R.S. 14:30.1 ; State v. Hollingsworth , 42,317 (La.App. 2 Cir. 8/15/07), 962 So.2d 1183. ... Accordingly, we find that the evidence is sufficient to establish the elements of attempted second degree murder, and Defendant's conviction is affirmed.

Section 14:30.1(A)(1) requires proof beyond a reasonable doubt that the defendant killed a human being with specific intent to kill or inflict great bodily harm.

State v. Williams · filed 2019-02-27(A)(1)

Second degree murder, as applicable in this case, requires evidentiary proof beyond a reasonable doubt to establish the killing of a human being "when the offender has specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1A(1).

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. Quinn · filed 2019-03-27(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. 14:30.1A(1).

Section 14:30.1 requires proof that the defendant killed the victim and had the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Coward · filed 2019-06-05

In order to convict Defendant of second degree murder, the State was required to prove Defendant killed Mr. Fountain, and Defendant had the specific intent to kill or inflict great bodily harm. See La.R.S. 14:30.1.

Section 14:30.1(A)(1), as applied with the attempt statute, requires specific intent to kill but does not require the victim to suffer serious injury.

State of Louisiana Versus Cory Bartholomew · filed 2019-10-23(A)(1)

However, the offense of attempted second degree murder does not require that the victim actually sustain a serious injury.3 Rather, it requires the specific intent to kill, which may be inferred from the circumstances surrounding the offense and the defendant’s conduct.

In an attempted second-degree-murder prosecution, the State must prove that the defendant intended to kill the victim and committed an overt act tending toward the victim’s death.

State of Louisiana v. Killingsworth · filed 2019-11-20

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.

For attempted second degree murder, the state must prove specific intent to kill and an overt act toward the victim's death; specific intent to inflict great bodily harm alone is insufficient.

State of Louisiana v. Lynn · filed 2020-01-15(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). 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,” proof of specific intent to inflict great bodily harm is insufficient for a conviction for attempted second degree murder. ... Thus, 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; La. R.S. 14:30.1; State v. Bishop, supra; State v. Harris, supra.

Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill; the court treated attempted second-degree murder as a lesser-included offense of attempted first-degree murder.

State of Louisiana v. Holley · filed 2020-04-22(A)(1)

Second degree murder includes the killing of a human being with the specific intent to kill. La. R.S.14:30.1 (A)(1). ... As charged in Holley’s amended bill of indictment, attempted second degree murder is a lesser included offense of attempted first degree murder. Therefore, the jury’s verdict finding Holley guilty of attempted first degree murder necessarily included findings that the prosecution proved beyond a reasonable doubt every element of attempted second degree murder, without necessity of a finding of aggravated arson.

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 of Louisiana Versus Ed Raymond Veillon, Jr. · filed 2020-07-29

Defendant was convicted of one count of second degree murder in violation of La. R.S. 14:30.1. At trial, the jury was instructed on second degree murder as a specific intent crime, defined as the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. See La. R.S. 14:30.1.

Section 14:30.1 defines second-degree murder and requires a sentence at hard labor without parole, probation, or suspension of sentence, subject to applicable juvenile-parole provisions.

State of Louisiana Versus Tory N. Clark · filed 2020-11-18

Under La. R.S. 14:30.1, second degree murder is defined as the killing of a human being when the offender: 1) has the 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. ... Defendant was sentenced pursuant to La. R.S. 14:30.1, which requires the sentence to be served at hard labor, leaving the trial court no discretion on this component of defendant’s sentence. ... La. R.S. 14:30.1 provides that the sentence shall be served without the benefit of parole, probation, or suspension of sentence.

Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting an enumerated felony, even without that intent.

State of Louisiana Versus Brandon Cordell Martin A.K.A. "B" · filed 2021-04-28

Defendant was convicted of second degree murder, which is defined in La. R.S. 14:30.1 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.

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 of Louisiana v. Jackson · filed 2022-01-12

La. R.S. 14:30.1 provides, in pertinent part, 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. ... The state presented sufficient evidence to prove that Defendant killed Lawrence when he had 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 the specific intent to kill or inflict great bodily harm.

State of Louisiana v. Daniel White -Aka- Daniel Jackson · filed 2022-05-18(A)(1)

Second degree murder is defined by 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 current record is extensive, as the trial transcript itself spans twelve volumes. Having reviewed said transcript, Defendant is correct in asserting that the case against him hinged upon Pontiff’s testimony. Her testimony supports the required elements of the crime, i.e., that Defendant killed McIntosh with the specific intent to do so.

Section 14:30.1(A) includes a killing during the perpetration or attempted perpetration of armed robbery as second-degree murder even without intent to kill or inflict great bodily harm, but the State must prove the accused was a principal in the underlying robbery.

State of Louisiana v. Marshall J. Alexander, Jr. · filed 2022-06-01(A)

Second degree murder is the killing of a human being “[w]hen the offender has a specific intent to kill” or “[w]hen the offender is engaged in the perpetration or attempted perpetration of . . . armed robbery . . . even though he has no intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1(A). ... Under felony-murder, the State must prove the commission of the underlying felony or attempted felony. The pertinent question is whether Defendant was a principal to armed robbery or attempted armed robbery, and if so, whether Latiolais was killed during the commission of that armed robbery or attempted armed robbery. ... For these reasons, this court finds that Defendant cannot be a principal to any responsive verdict to second degree murder.

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

State of Louisiana v. Matthews · filed 2022-11-16(A)

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). That the perpetrator intended to kill Sutherland is not at issue.

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

State of Louisiana v. Toby · filed 2023-03-08(A)

The elements of the crime of second degree murder are set forth in La.R.S. 14:30.1(A), which states in pertinent part: “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[.]”

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 of Louisiana Versus Pedro A. Monterroso · filed 2023-04-26

In this case, the defendant was convicted of second degree murder, which is defined as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1. ... Considering the evidence presented, including the testimony of the children who were present at the time of the murder, the defendant’s actions, and the extent and severity of the victim’s injuries, we find that the evidence was constitutionally sufficient to support the jury’s finding that the defendant had the specific intent to kill or inflict great bodily harm on 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, or while perpetrating or attempting an enumerated felony even without that intent.

State of Louisiana Versus Lanard A. Lavigne · filed 2023-05-24

La. R.S. 14:30.1 defines second degree murder as the killing of a human being when the offender: 1) has the 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.

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 of Louisiana v. Kelly · filed 2023-06-28(A)

La. R.S. 14:30.1 provides in pertinent part 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. ... Thus, to obtain a conviction for second degree murder, the offense charged, the State had only to prove that the defendant, Johnathan Kelly, killed the victim, Marcus London, with the specific intent to kill or to inflict great bodily harm. ... The elements of second degree murder were proved beyond a reasonable doubt and therefore, the statutorily-authorized responsive verdict of manslaughter was properly returned by the jury.

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 Section 14:30.1(B) prescribes life imprisonment at hard labor without parole, probation, or suspension of sentence.

State of Louisiana v. Wayne · filed 2023-06-28(A)(1) (B)

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 penalty is life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B). ... It is clear from the testimony that Wayne had the specific intent to kill Caldwell and Andrews and the jury was reasonable in concluding the same. The evidence is sufficient and supports Wayne’s convictions.

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

State of Louisiana v. Hunter Jr · filed 2023-07-06

“Second degree murder is 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. ... Despite the Defendant’s testimony that the victim shot at him, the jury rejected the self-defense claim and found the State’s evidence sufficient to convict Defendant of second degree murder. We agree. ... We find that the jury did not err in determining this evidence sufficiently disproved Defendant’s claim of self-defense.

Section 14:30.1 requires proof that the defendant killed a human being and acted with specific intent to kill or inflict great bodily harm.

State of Louisiana v. Kayla Jean Giles Coutee · filed 2023-10-25

Defendant was convicted of second degree murder, a violation of La.R.S. 14: 30.1. The elements of second degree murder are 1) the killing of a human being and 2) when the offender has specific intent to kill or inflict great bodily harm.

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, and the evidence of multiple eyewitness identifications and fatal gunshot wounds was sufficient to support the conviction.

State of Louisiana v. Johnson · filed 2023-11-02(A)(1)

The jury convicted Defendant 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[.]” ... Multiple eyewitnesses identified Defendant as the man who shot the victim multiple times. ... Dr. Christopher Tape, a forensic pathologist, testified that the victim was shot six times, and that any one of five of those gunshots would have been fatal. ... Thus, the argument regarding Defendant’s second degree murder conviction lacks merit.

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 Versus Corey Woods AKA "Cocomo" · filed 2023-11-15(A)(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 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 the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1). Because specific intent is a state of mind, it need not be proven as a fact, but may be inferred from the circumstances and actions of the accused as well as the extent and severity of the victim’s injuries.

Section 14:30.1's phrase "inflict great bodily harm" is sufficiently clear to satisfy constitutional vagueness standards.

State v. Corley · filed 1997-10-08

The phrase in question is sufficiently clear to meet the constitutional standard.

Subsection (A)(2)(b) makes second-degree murder applicable when a death occurs while the offender is perpetrating cruelty to juveniles, even without intent to kill or inflict great bodily harm.

State v. Porter · filed 2000-05-03(A)(2)(b)

In 1997, the Louisiana legislature amended La.R.S. 14:30.1(A), the definition of second degree murder, to include: ... (2)(b) When the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm. We find no reported cases discussing second degree murder convictions pursuant to La.R.S. 14:30.1(A)(2)(b). In order to convict a defendant of second degree murder pursuant to this section, the State must prove that the death of three-year-old Morgan Bonton occurred while the Defendant was engaged in the perpetration of cruelty to juveniles. ... Thus, in order for the State to prove that the Defendant was guilty of the second degree murder of Morgan Bonton it had to establish either (1) that the Defendant intentionally mistreated or neglected the child, or (2) that the Defendant was criminally negligent in his mistreatment or neglect of the child.

Section 14:30.1(A)(2)(a) treats a killing committed while the offender is engaged in the perpetration or attempted perpetration of listed robberies, including armed or simple robbery, as second-degree murder even without specific intent to kill or inflict great bodily harm.

State v. Plaisance · filed 2002-03-06(A)(2)(a)

Plaisance was convicted of second degree murder, defined in pertinent part by La. R.S. 14:30.1 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, among other felonies, armed robbery or simple robbery.

Section 14:30.1(A)(2)(b) makes a killing second-degree murder when the offender is engaged in perpetrating cruelty to juveniles, even without an intent to kill or inflict great bodily harm.

State v. Duncan · filed 2002-09-27(2)(b)

Under subsection (2)(b) of that statute, the State could attempt to prove the killing of Chantell took place while the defendant was engaged in (or a principal to) the perpetration of cruelty to juveniles, even though she had no intent to kill or inflict great bodily harm.

Section 14:30.1(A)(2)(b) covers a killing committed during cruelty to a juvenile by a legally responsible caretaker, even without intent to kill or inflict great bodily harm, when the required intentional or criminally negligent abuse or neglect causes unjustifiable pain or suffering and death.

State v. Booker · filed 2003-02-14(A)(2)(b)

Thus, in order to convict the defendant of second degree murder where the killing occurred during the perpetration of cruelty to a juvenile, the state was required to prove either that (1) the defendant intentionally abused or neglected Chantell, resulting in the infliction of unjustifiable pain or suffering, and ultimately, death; or (2) that the defendant's abuse or neglect of Chantell was criminal negligence that caused the infliction of unjustifiable pain or suffering, and finally, her death. La. R.S. 14:30.1(A)(2)(b). ... Under La. Ch.Code art. 603(14), the legal responsibility of providing necessary food, clothing, shelter, and care does not end with the parent. The statute also includes caretakers in its list of responsible persons. ... For the foregoing reasons, we find no error in the trial court's conclusion that the defendant could be considered a person legally responsible for Chantell's health and well-being. The court properly considered the statutory definitions of "neglect" and "caretaker", as provided in La. Ch.Code art. 603, in determining the scope of La. R.S. 14:93. Likewise, we find no error in the trial court's instructing the jury on what constitutes second degree murder resulting from cruelty to a juvenile. These assignments of error lack merit.

Section 14:30.1(A)(2)(b) permits a second-degree-murder conviction based on a death resulting from the defendant’s intentional mistreatment of a juvenile causing unjustifiable pain or suffering, without proof that the defendant intended to kill or inflict great bodily harm.

State v. Hart · filed 2004-08-18A(2)(b)

Instead, it had to show her death occurred as a result of his intentional mistreatment of her which caused her unjustifiable pain or suffering. ... Thus, there was sufficient evidence for the jury to find that the appellant’s actions resulted in her death, even though he may not have intended to kill her or inflict great bodily harm on her. Therefore, the State presented sufficient evidence to support his conviction for second degree murder which occurred as a result of a violation of La. R.S. 14:93.

Section 14:30.1(A)(2)(b) defines second-degree murder to include a killing committed while the offender is perpetrating cruelty to juveniles even without intent to kill or inflict great bodily harm, and subsection (B) requires life imprisonment without parole, probation, or suspension of sentence.

State of Louisiana v. Nolan · filed 2004-09-29(A)(2)(b), (B)

The defendant was convicted of second degree murder in the death of C.N. In this respect, La.R.S. 14:30.1(A) provides, in relevant part, that “[s]econd degree murder is the killing of a human being: [. . .] (2)(b) When the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm.” ... Louisiana Revised Statutes 14:30.1(B) provides that a defendant convicted of second degree murder shall be imprisoned for life without benefit of parole, probation, or suspension of sentence. ... Based upon our review of the record, we find that the evidence offered by the State was sufficient to support the defendant’s conviction for second degree murder as charged in the indictment.

Section 14:30.1(A)(2)(b) defines second-degree murder to include a killing committed while the offender is perpetrating cruelty to juveniles, even without intent to kill or inflict great bodily harm.

State v. Hartley · filed 2006-08-23A(2)(b)

La. R.S. 14:30.1 A(2)(b) defines second degree murder as the killing of a human being when the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm.

Section 14:30.1 defines second-degree murder, when committed during cruelty to a juvenile, without requiring intent to kill or inflict great bodily harm.

State v. Tensley · filed 2007-04-04

As set forth above, second degree murder is defined as the killing of a human being when the offender is engaged in the perpetration of cruelty to juveniles, even though she has no intent to kill or inflict great bodily harm. The trial court's ruling based upon the lack of intent was error.

Section 14:30.1(A)(1) includes a killing committed during cruelty to juveniles within second degree murder without requiring 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. Woods · filed 2009-08-19(A)(1) (B)

In pertinent part, second degree murder is the killing of a human being when the offender is engaged in the perpetration of cruelty to 112juveniles, even though he has no specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. La. R.S. 14:30.1(B).

Section 14:30.1(A)(2) makes a killing second-degree murder when it occurs during an aggravated burglary, even without intent to kill or inflict great bodily harm.

State v. Robinson · filed 2011-01-26(A)(2)

In the .present case, to sustain the conviction for second degree murder, the evidence must show that the defendant had the specific intent to kill or commit great bodily harm, or that the killing resulted while she was engaged in an aggravated burglary, even though she had no specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(2). Aggravated burglary is defined under La. R.S. 14:60, in pertinent part, as “the unauthorized entering of any inhabited dwelling ... with the intent to commit a felony or any theft therein, if the offender, (1) is armed with a dangerous weapon; or (2) after entering arms himself with a dangerous weapon; or (3) commits a battery upon any person while in such place, or in entering or leaving such place.” ... Moreover, we conclude that the evidence proved beyond a reasonable doubt that Lisa made an unauthorized entry into the apartment with the intent to commit a felony or theft therein, and, while armed with a dangerous weapon, committed a battery on Richard England.

Section 14:30.1(A)(2)(b) defines second-degree murder to include a killing committed while the offender is perpetrating cruelty to juveniles, even without intent to kill or inflict great bodily harm.

State of Louisiana v. Martin · filed 2011-06-01(A)(2)(b)

Second degree murder includes “the killing of a human being: . . . . When the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or inflict great bodily harm.” La.R.S. 14:30.1(A)(2)(b). Thus, because cruelty to juveniles is one of the offenses listed in La.R.S. 14:30.1, it is excluded from the statutory definition of manslaughter.

Section 14:30.1(A)(2) requires no intent to harm or kill for principal liability when a death occurs during the course of a robbery.

State v. Rochelle · filed 2013-07-03(A)(2)

Pursuant to La. R.S. 14:30.1(A)(2), no intent to harm or kill is necessary to be a principal to second degree murder occurring during the course of a robbery.

Section 14:30.1(A)(2) permits a second-degree-murder conviction when a person kills while engaged in cruelty to juveniles or second-degree cruelty to juveniles, even without intent to kill or inflict great bodily harm.

State v. Henderson · filed 2013-09-13(A)(2)

If a perpetrator kills a human being while engaged in either cruelty to juveniles or second degree cruelty to juveniles, he may be found guilty of second degree murder even though he has no intent to kill or to inflict great bodily harm. See La. R.S. 14:30.1(A)(2).

Section 14:30.1 requires proof that the defendant was committing cruelty to a juvenile when the child died and that the underlying cruelty legally caused the death.

State v. Jackson · filed 2015-11-04

In order to prove that defendant committed second degree murder, the state *756had to show, inter alia, that defendant was committing either second degree cruelty to juveniles or cruelty to juveniles when the child died, and a legal causation between the underlying felony, cruelty to juveniles, and the child’s death. ... In applying the Jackson standard when the conviction is based on circumstantial evidence, we find that the evidence admitted at trial clearly and strongly indicates that Defendant was the perpetrator. ... Thus, after viewing all of the evidence in a light most favorable to the prosecution, we find it is sufficiently reasonable that a | ¡^rational juror could have found proof of guilt beyond a reasonable doubt. Therefore, we affirm Defendant’s conviction.

Section 14:30.1(A)(2)(b) permits second-degree felony-murder liability based on cruelty to juveniles without proof of intent to kill or cause great bodily harm; the State must prove either intentional mistreatment or neglect with general criminal intent to cause unjustifiable pain and suffering, or criminal negligence.

State of Louisiana Versus Errol Victor, Sr. · filed 2016-05-26(A)(2)(b)

Thus, in order for the State to prove that defendant was guilty of second degree murder pursuant to La. R.S. 14:30.1(A)(2)(b), it had to establish either: (1) that defendant intentionally mistreated or neglected M.L.; or (2) that defendant was criminally negligent in his mistreatment or neglect ofM.L. The term "intentional" within the meaning of this statute requires general criminal intent to cause a child unjustifiable pain and suffering. ... Moreover, to be criminally negligent in his mistreatment or neglect of the child, the defendant must have such disregard for the interest of the child that his conduct amounted to a gross deviation below the standard of care expected to be maintained by a reasonably careful person under like circumstances.

Under § 14:30.1(A)(2), second-degree murder does not require proof that the defendant intended to kill or inflict great bodily harm when the killing occurs during an attempted or completed drive-by shooting.

State v. Allen · filed 2016-08-10(A)(2)

The parties do not dispute that Allen opened the car door and fired his weapon eight times into the crowd of people standing on Poland Street. Pursuant to, La. R.S. 14:30.1(A)(2), the state did not need to prove that Allen intended to kill or seriously injure anyone. See La. R.S. 14:30.1(A)(2); La. R.S. 14:37.1. However, based on the testimony, the jury could have reasonably concluded that defendant fired his weapon with the intent of killing or seriously harming Robert Clark.

Section 14:30.1(A)(2)(b) defines second-degree felony murder as killing a human being while the offender is engaged in cruelty to juveniles, even without intent to kill or inflict great bodily harm.

State v. Otkins-Victor · filed 2016-05-26(A)(2)(b)

Under. La. R.S. 14:30.1(A)(2)(b), at the time of the offense,36 second degree murder, while in ^perpetration of the crime of cruelty to a juvenile, is defined as, “the killing of a human being: ... [w]hen the offender is-engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm.”

Section 14:30.1(A)(2) makes a killing second-degree murder when the offender is perpetrating or attempting to perpetrate cruelty to juveniles.

State v. Lutz · filed 2017-11-01(A)(2)

Louisiana Revised Statutes 14:30.1(A)(2) defines second degree murder, in pertinent part, as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of cruelty to juveniles.

Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting to perpetrate cruelty to juveniles or second-degree cruelty to juveniles, even without that intent.

State v. Davis · filed 2018-01-10(1), (2)

The definition of second degree murder, set forth above, includes the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. The definition also includes the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of cruelty to juveniles or the perpetration or attempted perpetration of second degree cruelty to juveniles, even though he has no intent to kill or inflict great bodily harm. Here, Davis's actions were sufficient to support his conviction under either category of the offense.

Section 14:30.1(A)(2) treats a killing as second-degree murder when the offender is engaged in perpetrating or attempting aggravated burglary, even without intent to kill or inflict great bodily harm.

State v. Williams · filed 2019-02-27(A)(2)

The evidence shows that Williams intended to commit the unauthorized entry of Savage's inhabited dwelling with the intent to commit a theft therein. Williams and Lewis entered Savage's home, took numerous items, and stole a truck. Williams knew Lewis was armed with a dangerous weapon and, while Williams and Lewis were in the dwelling, Savage was struck in the head, and then shot and killed. To be a principal to second degree murder in this case, it was not necessary that Williams personally possess the weapon or fire the shot that killed Savage. All of the elements necessary to prove that Williams committed the second degree murder of Savage while engaged in the perpetration of an aggravated burglary were proven beyond a reasonable doubt.

Section 14:30.1(A)(2) treats a killing committed during an assault by drive-by shooting as second-degree murder even without an intent to kill or inflict great bodily harm.

State of Louisiana v. Tyrone Markel Compton A/K/A Noon · filed 2024-10-02(A)(2)

Defendant was convicted of second degree murder, a violation of La.R.S. 14:30.1, which provides, in pertinent part: ... (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm. ... First, we note that intent to actually kill or even wound anyone in the house is not an essential element of the offense. ... Given these facts, any reasonable juror could find that the prescribed criminal consequences were either actively desired or reasonably certain to result from their actions, i.e., Defendant intended to commit an assault by drive-by shooting. That assault by drive by shooting resulted in the death of Edwin Davidson. Accordingly, we affirm Defendant’s conviction for second degree murder.

Second degree murder based on cruelty to a juvenile can rest on fatal shaking that causes unjustifiable pain or fear, even if the child quickly loses consciousness.

State v. Miller · filed 2006-09-27(A)(2)(b)

Accordingly, the victim's injuries are indicative of unjustified pain and suffering. First of all, it is logical to conclude that a child shaken in this manner would in fact experience unjustified pain and fear, even if only for an instant before lapsing into unconsciousness.

For attempted second-degree murder under the specific-intent theory, § 14:30.1 requires intent to kill or inflict great bodily harm; motive is not a required element.

State v. Wommack · filed 2000-06-07(A)(1)

As can be seen from La.R.S. 14:30.1 and La.R.S. 14:27, motive is not a required element of attempted second degree murder. ... These factors support the jury's conclusion that the defendant's intent was to kill or inflict great bodily harm. See La.R.S. 14:30.1.

Section 14:30.1 makes specific intent to kill or inflict great bodily harm a required element of second-degree murder.

State v. Lee · filed 2001-02-16

We conclude that the jury instruction complained of here was not erroneous in that it included the definition of specific intent, which is a required element of the crime of second degree murder.

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. Elaire · filed 2002-06-19(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). ... We find that the evidence presented in this case, viewed in a light most favorable to the prosecution, is sufficient to prove beyond a reasonable doubt that Defendant committed the crime of second degree murder. ... The jury reasonably found beyond a reasonable doubt that | (¡Defendant had the specific intent to kill Landry and that the crime was not committed in self-defense.

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. Chesson · filed 2003-10-01(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[.] ... This evidence, viewed in the light most favorable to the prosecution, does not require a finding of manslaughter, but, instead, supports a finding of specific intent to kill.

Section 14:30.1 defines second-degree murder in part as killing a human being with specific intent to kill, a point the court used in upholding the manslaughter jury instruction.

State of Louisiana v. Smith · filed 2007-10-31

Both first and second degree murder are defined, in part, as the killing of a human being when the offender has specific intent to kill. La.R.S. 14:30 and La.R.S. 14:30.1. ... We find that the trial court’s jury instructions at issue were proper; therefore, there was no basis for defense counsel to object. Accordingly, this pro se claim lacks merit.

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

State v. Nellum · filed 2014-02-12(A)

In the instant case, Mr. Nellum was charged with second degree murder, which 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). Specific intent is that state of mind that exits when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow from his act. La. R.S. 14:10(1). Specific intent can be formed in an instant.

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. Williams · filed 2014-11-12(A)(1)

Defendant was convicted of second degree murder in violation of 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.4 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.

Section 14:30.1 requires proof that the defendant killed a human being with the specific intent to kill or inflict great bodily harm; motive is not an essential element and need not be proved beyond a reasonable doubt.

State of Louisiana v. Quint Mire · filed 2016-01-27

In the present case (in which the state did not advance a felony-murder theory), the state was required to prove that defendant killed a human being with the specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. Dicta in Mart notwithstanding, motive is not an essential element of the offense and a jury need not find it proved beyond a reasonable doubt.

A principal to second degree felony murder need not possess specific intent to kill or inflict great bodily harm; second degree murder may be proved under either the specific-intent or felony-murder provision.

State v. Cazenave · filed 2000-10-31A(1), A(2)(a)

Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. LSA-R.S. 14:30.1 A(1). The crime is also defined as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of one of the felonies (in this case aggravated burglary). LSA-R.S. 14:30.1 A(2)(a). One need not possess specific intent to kill or inflict great bodily harm to be a principal to a second degree felony murder. See State v. Dunn, 94-776, p. 9 (La.App. 5th Cir. 2/15/95), 651 So.2d 1378, 1388-1389. ... We have already determined that the State met the Jackson standard in proving the elements of either second degree murder under R.S. 14:30.1A(1) or (2)(a).

A person involved in a second degree murder may be convicted as a principal even if someone else fired the fatal shot.

State of Louisiana v. Curtis Lee Stewart, Jr. · filed 2026-06-29(A)(1)

Under Louisiana law, both statutory and jurisprudential, a defendant whose involvement in a murder is demonstrated by the evidence can be convicted of second degree murder, regardless of whether he directly committed the act, as all persons involved in the commission of a crime are treated as principals.

Section 14:30.1(A)(2) makes a killing second-degree murder when the offender is engaged in the perpetration or attempted perpetration of an assault by drive-by shooting, even without intent to kill or inflict great bodily harm.

State of Louisiana v. Mayo · filed 2023-11-08(A)(2)

(2) When the offender is engaged in the perpetration or attempted perpetration of … assault by drive-by shooting, …, even though he has no intent to kill or to inflict great bodily harm.

Section 14:30.1 A(1) defines second degree murder to include a killing during the perpetration or attempted perpetration of an enumerated felony, and a principal to that felony murder need not have specific intent to kill or inflict great bodily harm.

State v. Hayes · filed 2001-12-26A(1)

La. R.S. 14:30.1 A(1) defines second degree murder as the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including armed robbery. One need not possess specific intent to kill or inflict great bodily harm to be a principal to a second degree felony murder. State v. Dunn, 94-776 (La.App. 5 Cir. 2/15/95), 651 So.2d 1378, 1388-89.

Section 14:30.1(A) provides alternative second-degree-murder theories: specific intent to kill or inflict great bodily harm, or felony murder based on a listed underlying felony without that intent.

State v. Davies · filed 2002-04-05(A)(1), (A)(2)

Second degree murder can be a specific intent crime (La.R.S.14:30.1(A)(1)), as well as based upon an underlying felony (La. R.S.14:30.1(A)(2)). The trial court instructed the jury on both theories of second degree murder. The evidence supports the finding that defendant had the specific intent to kill the girls.

Section 14:30.1(A)(2)(a) makes a killing second-degree murder when committed during specified felonies, even without intent to kill; the court applied that rule to aggravated burglary and ordered sentencing under subsection (B).

State v. Bridgewater · filed 2002-06-21(A)(2)(a), (B)

However, as we noted earlier in this opinion,[16] we find that the evidence in the record is sufficient to support a conviction for second degree murder under La. R.S. 14:30.1(A)(2)(a), which defines that crime as the killing of a human being "[w]hen the offender is engaged in the perpetration or attempted perpetration of" certain enumerated felonies, including armed robbery and aggravated burglary, "even though [the offender] has no intent to kill or to inflict great bodily harm." As the state contends, defendant does not dispute that the elements of this lesser included offense were established; defendant concedes that he entered the Beaugh's residence with the specific intent to commit an aggravated burglary. Given that concession, we find the evidence, filtered through the Jackson v. Virginia sufficiency standard, supports a conviction for second degree murder, an authorized responsive verdict to the charge of first degree murder. La. C. Cr. P. art. 814(A)(1). Accordingly, since (as discussed below) we find no meritorious assignments of error and no prejudicial or erroneous ruling, we modify the judgment of guilty of first degree murder, render a judgment of guilty of second degree murder, and remand the case to the district court for sentencing on the modified judgment as set forth in La. R.S. 14:30.1(B).

Section 14:30.1(A)(2) treats a killing committed during the perpetration or attempted perpetration of armed, first-degree, or simple robbery as second-degree murder even without intent to kill or inflict great bodily harm; in this case, the underlying felony was armed robbery rather than felony theft.

State v. Goodley · filed 2002-06-21(A)(2)

The felony-murder law, La. R.S. 14:30.1(a)(2)(a), provides in part that "second degree murder is the killing of a human being when 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." (Emphasis added). ... Thus, in the present case, it matters not whether the taking of anything from Dupre's store occurred immediately before or after Mr. Dupre was shot and killed. The act of the "taking of anything of value" cannot be separated from the killing. The homicide occurred during the taking of Mr. Dupre's property and the underlying offense for purposes of felony murder was armed robbery, not felony-theft.

Section 14:30.1(A)(2)(a) makes a killing during the perpetration or attempted perpetration of a listed felony, including armed robbery, second-degree murder even without intent to kill or inflict great bodily harm; a principal may be convicted when the state proves that he aided or abetted the robbery and the victim was killed during it.

State v. Goodley · filed 2002-12-11(A)(2)(a)

The defendant was convicted as a principal to a felony-murder. The felony-murder doctrine is codified at La.R.S. 14:30.1(A)(2)(a): A. Second degree murder is the killing of a human being: (2)(a) 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. (Emphasis added). ... It is undisputed that Mack Tezeno killed the victim with the defendant’s .22 rifle. Thus, the state had to prove that the defendant aided or abetted the perpetration of a robbery, and that the victim was killed during the perpetration of said robbery.

Section 14:30.1 encompasses a principal who acts with the specific intent to kill or inflict great bodily harm, even if he did not personally fire the fatal shot.

State v. Gilliam · filed 2003-04-09

Second degree murder is the killing of a human being with the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1. ... Even if the defendant was not the assailant who fired the shot that killed K.B., he was a principal in the indiscriminate shooting into a car with the specific intent to kill or cause great bodily harm to the occupants. State v. Gilliam, supra. A person may be convicted of an offense even if he has not personally fired the fatal shot. State v. Gilliam, supra; State v. Hampton, 1998-0331 (La.4/23/99), 750 So.2d 867, cert. denied, 528 U.S. 1007, 120 S.Ct. 504, 145 L.Ed.2d 390 (1999), rehearing denied, 528 U.S. 1108, 120 S.Ct. 855, 145 L.Ed.2d 721 (2000). We find here, as we did in his brother’s case, that it is of no consequence whether the defendant actually fired the bullet that struck and killed K.B.

Section 14:30.1(A)(2)(a) defines second-degree felony murder as a homicide without intent to kill or inflict great bodily harm committed during the perpetration or attempted perpetration of an enumerated felony; in this case, the instruction properly focused on armed robbery because that was the felony supported by the evidence.

State v. Moore · filed 2004-06-23(A)(2)(a)

La. R.S. 14:30.1 A(2)(a), as written at the time of the offense, defined second degree murder as a homicide committed without the intent to kill or inflict great bodily harm, when the offender is engaged in the perpetration or attempted perpetration of 11 felonies: 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.[5] ... In the jury instructions, the trial court, at the request and consent of the parties, limited the felonies listed in the definition of second degree felony murder to only "armed robbery." ... The evidence clearly shows that the defendant was killed during the crime of armed robbery. Accordingly, even if the defendant had requested that all of the enumerated felonies be listed in the instructions, the trial court could correctly have rejected the request, based on the evidence before it.

Section 14:30.1 includes a killing committed during the perpetration or attempted perpetration of an enumerated felony, and the felony and killing may constitute one continuous transaction even if they are separated by a brief time or change of location.

State v. George · filed 2005-07-01

Defendant was convicted of second degree murder. As it pertains to this case, second degree murder is the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of one of a number of enumerated felonies. ... In Charles George's case, there was a brief time period between the attempted forcible rape and the victim's death. There was also a change of location between the two occurrences. However, defendant never left the victim as the defendants did in State v. Shilling, supra. After defendant forced the victim into the trunk of her car, she remained there as he fled the scene of the attempted forcible rape until she jumped or fell to her death. A rational fact finder could have found that the attempted forcible rape and the victim's death constituted one continuous transaction. This evidence shows that the state proved beyond a reasonable doubt that the victim died during the perpetration or attempted perpetration of forcible rape and that defendant was guilty of second degree murder.

Section 14:30.1's second-degree-murder offense may support a principal conviction even when the defendant did not fire the fatal shots, provided he was involved in the crime.

State of Louisiana v. Savoy · filed 2006-05-31

The elements of second degree murder are set forth in La.R.S. 14:30.1, which provides, in pertinent part: “Second degree murder is the killing of a human being: (1) [w]hen the offender has a specific intent to kill or to inflict great bodily harm” ... Regardless of whether Defendant fired the shots that killed the victims, if it is proven that he was involved in the commission of the crime, he may be charged and convicted as a principal. Therefore, considering the evidence and testimony, we do not find that the trial court was unreasonable in finding the evidence sufficient to convict Defendant as a principal for two counts of second degree murder.

Section 14:30.1(A)(1) and (2) covers both intentional murder and murder committed during an armed robbery without intent to kill, and a principal to the armed robbery may be convicted of second-degree murder when another participant fatally shoots the victims.

State v. Thomas · filed 2006-08-23(A)(1) and (2)

[T]o obtain a conviction for second degree murder, the state was required to prove that either [Demarein] Mims or [defendant, Jerome] Thomas killed the victims with either specific intent to kill or to inflict great bodily harm, or while they were engaged in an armed robbery, even though there was no intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1) and (2). ... The evidence was legally sufficient to support his convictions for second degree murder as a principal to an armed robbery in which two victims were fatally shot, whether or not Mims did all the shooting.

Section 14:30.1(A) defines second-degree murder to include a killing committed during the perpetration or attempted perpetration of specified felonies even without intent to kill or inflict great bodily harm.

State v. LONCAR · filed 2007-12-05(A)

With regard to the offense charged, La.R.S. 14:30.1(A) provides in pertinent part that: Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) When the offender is engaged in the perpetration or attempted perpetration of . . . assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery,. . . even though he has no intent to kill or to inflict great bodily harm.

Section 14:30.1(A)(2) defines second-degree murder under the felony-murder doctrine, but alleging that a shooting occurred during an armed robbery does not by itself limit the charge to that subsection.

State in the Interest of S.C. J. · filed 2010-02-03(A)(2)

However, we find that the State did not limit the charge to La.R.S.14:30.1(A)(2), the subsection establishing the felony-murder doctrine, but merely recited the facts in this case.

Section 14:30.1 treats a killing committed during the perpetration or attempted perpetration of assault by drive-by shooting as second degree murder even without intent to kill or inflict great bodily harm.

State v. Brooks · filed 2011-03-02(A)(2)

As stated in La. R.S. 14:30.1, 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; or (2) When the offender is engaged in the perpetration or attempted perpetration of ... assault by drive-by shooting, ... even though he has no intent to kill or to inflict great bodily harm. A “drive-by shooting” means the discharge of a firearm from a motor vehicle on a public street or highway with the intent either to kill, cause harm to, or frighten another person. La. R.S. 14:37.1.

Section 14:30.1(A)(2) defines second-degree murder to include a killing committed while the offender is perpetrating or attempting an enumerated felony, including armed robbery.

State v. Navarrete-Duran · filed 2012-03-13(A)(2)

In this case, Navarrete-Duran was convicted of three counts of second degree murder, a violation of La. R.S. 14:30.1. Second degree murder is the | skilling of a human being when the offender is engaged in the perpetration or attempted perpetration of certain enumerated felonies, included armed robbery. La. R.S. 14:30.1(A)(2).

Section 14:30.1(2) defines second-degree murder to include a killing committed while the offender is engaged in perpetrating an armed robbery, even without intent to kill or inflict great bodily harm.

State v. Pleasant · filed 2012-10-17(2)

Mr. Pleasant was convicted of second degree murder, which is defined by La. R.S. 14:30.1, in pertinent part, as “the killing of a human being: ... (2) When the offender is engaged in the perpetration ... of ... armed robbery ... even though he has no intent to kill or inflict great bodily harm.”

Section 14:30.1(A)(2) makes a killing during the perpetration or attempted perpetration of an enumerated felony second-degree murder without requiring an intent to kill, inflict great bodily harm, or otherwise harm the victim.

State v. Smith · filed 2013-05-15(A)(2)

Under La. R.S. 14:30.1(A)(2), no intent to harm or kill is necessary to be a principal to second degree murder occurring during the course of a Rrobbery. ... Second degree murder does not require an intent to kill or inflict great bodily harm, but only requires the perpetration or attempted perpetration of an enumerated offense. La. R.S.14:30.1.

Section 14:30.1(A)(2) imposes second-degree felony-murder liability when the defendant is engaged in the perpetration or attempted perpetration of an enumerated felony, even without specific intent to kill or inflict great bodily harm; a driver who aids a drive-by shooting may be convicted as a principal.

State v. Preston · filed 2013-05-16(A)(2)

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. ... Under this theory, the State alleged that defendant committed the underlying felony of assault by drive-by shooting. Assault by drive-by shooting is an enumerated felony under La. R.S. 14:30.1(A)(2) and is defined as “the discharge of a firearm from a motor vehicle on a public street or highway with the intent either to kill, cause harm to, or frighten another person.” ... Consequently, viewing this evidence in the light most favorable to the prosecution, we conclude that any rational trier of fact would have found defendant guilty beyond a reasonable doubt of at least second degree felony murder as a principal in a drive-by shooting that resulted in the death of a seven-year-old girl.

Section 14:30.1(2) treats a killing committed during the perpetration or attempted perpetration of an enumerated felony as second-degree murder even without intent to kill or inflict great bodily harm.

State v. Jones · filed 2013-05-16(2)

Further, Green was killed as part of a scheme to commit a robbery, which qualifies as an enumerated felony as per La. R.S. 14:30.1(2).

Section 14:30.1(A)(2)(a) defines felony murder as a killing during the perpetration or attempted perpetration of armed robbery, even without intent to kill or inflict great bodily harm, and requires proof of the armed robbery and resulting death.

State of Louisiana v. Gildhouse · filed 2013-10-09(A)(2)(a)

At the time of the offense, this section read in pertinent part that “[s]econd degree murder is the killing of a human being . . . [w]hen the offender is engaged in the perpetration or attempted perpetration of . . . armed robbery . . . even though he has no intent to kill or to inflict great bodily harm.” ... Thus, in order to convict the defendant of the felony-murder provision of the second degree murder statute, the state had to prove beyond a reasonable doubt that he committed an armed robbery of Mr. Badeaux, or that he aided or abetted in the commission of the armed robbery of Mr. Badeaux, and that Mr. Badeaux was killed during the course of that armed robbery. See State v. Goodley, 00-846 (La.App. 3 Cir. 12/11/02), 832 So.2d 1165.

Section 14:30.1(A)(2) includes a killing committed during the perpetration or attempted perpetration of aggravated burglary as second degree murder even without specific intent to kill or inflict great bodily harm.

State v. Hatfield · filed 2014-07-02(A)(2)

Pursuant to the State’s request, the trial court instructed the jury on felony second degree murder pursuant to La. R.S. 14:30.1(A)(2), as well as murder based on specific intent to kill or inflict great bodily harm pursuant to La. R.S. 14:30.1(A)(1). ... In order to convict defendant of felony second degree murder, the jury had to find beyond a reasonable doubt that he killed the victim while engaged in the perpetration or attempted perpetration of an aggravated burglary, even though he had no specific intent to kill or to inflict great bodily harm. ... In the present case, the evidence supports a conclusion that defendant made an unauthorized entry into Ms. Spikes’ apartment while armed with a dangerous weapon, and with the specific intent5 to commit a felony. Thus, we find that the felony murder instruction was pertinent, and the trial court did not abuse its discretion in giving it.

Section 14:30.1(A)(2) requires a direct act by the defendant causing the victim’s death for second-degree felony murder; criminally negligent lack of supervision alone cannot support a conviction.

State v. Smith · filed 2014-12-17(A)(2)

We find the Louisiana Supreme Court’s analysis in Small is directly on point and the Court’s holding precludes this bill of indictment for second degree murder based on negligent lack of supervision. Based on the statutory language in La. R.S. 14:30.1(A)(2), the statutory definitions of crime of violence and criminal negligence, the jurisprudence requiring a killing as a result of a direct act by the defendant, and the rejection by the Louisiana Supreme Court of the proximate cause test in felony murder cases, there is no set of facts in this case that can support a conviction of defendant for second degree murder based on defendant’s criminally negligent lack of supervision of her child. As a matter of law, the allegations against defendant cannot satisfy the essential elements of the offense of second degree murder.

Section 14:30.1(A)(2) treats a killing during the perpetration or attempted perpetration of aggravated burglary as second-degree murder even without intent to kill or inflict great bodily harm.

State v. Thomas · filed 2016-08-10(A)(2)

La. R.S. 14:30.1(A) states, in pertinent part, that: Second degree murder is the killing of a human being: ... (2) When the offender is engaged in the perpetration or attempted perpetration of ... aggravated burglary ... even though he has no intent to kill or to inflict great bodily harm. ... We find that the record establishes that the state proved beyond a reasonable doubt all of the essential elements of second degree murder pursuant to La. R.S. 14:30.1(A)(2), when the offender is engaged in the perpetration or attempted perpetration of aggravated burglary.

(A)(2) defines second-degree felony murder as killing during the perpetration or attempted perpetration of an enumerated felony, including aggravated arson or aggravated burglary, even without intent to kill or inflict great bodily harm.

State v. Lewis · filed 2018-09-26(A)(2)

La. R.S. 14:30.1(A)(2) provides, in pertinent part, that second degree murder is the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of an enumerated felony, including aggravated arson or aggravated burglary, even though he has no intent to kill or to inflict great bodily harm. ... The evidence presented at trial was sufficient to support a conviction for second degree felony murder based either on the commission of aggravated arson or aggravated burglary.

Section 14:30.1 defines second degree murder as either a specific-intent killing or a killing during the perpetration or attempted perpetration of cruelty to juveniles, with the underlying felony supplying the culpable mental state for felony murder.

State v. Becnel · filed 2018-06-27(A)(1) and (A)(2)

Second degree murder is defined as the killing of a human being: (1) when the offender has specific intent to kill or inflict great bodily harm, or (2) when the offender is engaged in the perpetration or attempted perpetration of ... cruelty to juveniles ... even though he has no intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1) and (A)(2). The felony murder provision of La. R.S. 14:30.1(A)(2) contains the circumstances under which a defendant can be found guilty under the felony murder rule, which dispenses with the necessity of proving mens rea accompanying a homicide; the underlying felony supplies the culpable mental state.

Section 14:30.1(A)(2) is the felony-murder provision covering a killing during the attempted perpetration of an armed robbery, and an indictment amendment specifying that theory does not charge a new crime.

State v. Singleton · filed 2019-01-16(A)(2)

By amended indictment, on April 11, 2016, Singleton, Taylor, and Lynn were charged with second degree murder for killing Carroll during the attempted perpetration of an armed robbery under La. R.S. 14:30.1(A)(2). ... Nevertheless, even considering his claim, we find his claim to be without merit. ... The prosecution against Singleton was validly instituted by a grand jury indictment charging him with second degree murder. Under La. C. Cr. P. art. 487, the State had the authority to amend the indictment prior to trial, and the amendment simply clarified that Singleton was being prosecuted under the felony murder provision of La. R.S. 14:30.1. The amendment did not charge a new crime and the defense was aware of the allegation that the victim was killed during the attempted perpetration of an armed robbery. Singleton had full knowledge of the nature of the charges against him and he was not prejudiced by the amendment. This assignment of error is without merit.

Section 14:30.1(A)(2) makes a killing second-degree murder when committed during the perpetration or attempted perpetration of an enumerated felony, even without intent to kill or inflict great bodily harm.

State of Louisiana Versus Adam Littleton · filed 2019-12-04(A)(2)

Under the felony murder theory of second degree murder, defined by La. R.S. 14:30.1(A)(2), the State was required to prove the killing of a human being when the offender is engaged in the perpetration or attempted perpetration of an enumerated felony, even though he has no intent to kill or inflict great bodily harm.

Section 14:30.1(A)(2) makes a killing second-degree murder when the offender is engaged in perpetrating or attempting listed robbery offenses, even without intent to kill or inflict great bodily harm.

State of Louisiana v. Tennessee · filed 2023-02-23(A)(2)

(2) When the offender is engaged in the perpetration or attempted perpetration of . . . armed robbery, first degree robbery, second degree robbery, simple robbery, . . . even though he has no intent to kill or to inflict great bodily harm.

Section 14:30.1(B) requires a second-degree-murder sentence of life imprisonment at hard labor without parole, probation, or suspension of sentence.

State v. Gordon · filed 2002-02-15(B)

La. R.S. 14:30.1(B) provides that "(W)hoever 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." (Emphasis added.) When the sentencing judge imposed the sentence, she did not state that the imprisonment was to be served at hard labor and/or that it would be served in the custody of the Department of Corrections. The court minutes do not provide that the imprisonment shall be at hard labor. ... The failure of the trial judge to provide that the sentence to imprisonment is to be served at hard labor is a patent sentencing error. If left uncorrected, the defendant will serve life imprisonment in the St. Tammany Parish Jail.

Section 14:30.1 (1975) sets the penalty for second-degree murder at life imprisonment without benefit of parole, probation, or suspension of sentence for forty years.

State v. Forrest · filed 1978-04-11

La.R.S. 14:30.1 (1975) sets forth the penalty for that crime as life imprisonment without benefit of parole, probation, or suspension of sentence for a period of forty years.

Subsection (B) makes second-degree murder punishable by life imprisonment; although that ordinarily requires a grand-jury indictment, the State may amend a greater-offense indictment to charge second-degree murder without a new formal indictment.

State v. Logan · filed 2002-06-14(B)

Second degree murder is punishable by life imprisonment. La. R.S. 14:30.1(B). Therefore, Logan's prosecution for second degree murder should have been instituted by a grand jury indictment. However, district attorneys are empowered to amend indictments to charge lesser offenses. State v. Gilmore, 332 So.2d 789 (La.1976). The state may abandon the charge of a greater crime and proceed with prosecution for the lesser crime and no formal indictment is necessary for that purpose. State v. Edwards, 287 So.2d 518 (La.1973). Thus, the district attorney had the power to amend the charge to second degree murder without a formal indictment.

Section 14:30.1 permits conviction under either the specific-intent theory or an enumerated-felony theory, and jurors need not agree on the same theory when alternate theories are properly charged.

State v. Patorno · filed 2002-06-21A(1), A(2)(a)

The jury was not polled regarding which theory of second degree murder the conviction was based upon. However, a jury is not constitutionally required to agree on a single theory to convict a defendant where it is instructed as to alternate theories. See Schad v. Arizona, 501 U.S. 624, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991). See also State v. Brown, 96-1002 at p. 4, 694 So.2d at 437; State v. Vergo, 594 So.2d 1360, 1364 (La.App. 2nd Cir.), writ denied, 598 So.2d 373 (La.1992). Thus, a conviction can be upheld if there is sufficient evidence based on either of the alternate theories with which the jury is charged. In the instant case, the facts and circumstances of this killing, along with the trial judge's instructions on the elements and requirements of both sections of the second degree murder statute, support a conviction under both sections of the second degree murder statute.

Subsection (B) makes second degree murder punishable by life imprisonment, so an attempted second-degree-murder sentence is subject to at least ten years without parole, probation, or suspension under La. Stat. Ann. § 14:27(D)(1)(a).

State of Louisiana v. Portalis · filed 2023-12-06(B)

Second degree murder is punishable by life imprisonment. See La.R.S. 14:30.1(B). Defendant was thus subject to at least ten years in prison, without parole, probation, or suspension of sentence.

Section 14:30.1(B) requires a sentence for second degree murder to be served without benefit of parole, probation, or suspension of sentence.

State v. Jones · filed 2003-04-23(B)

The sentence for attempted second degree murder was not ordered served without benefit of parole, probation, or suspension of sentence as required by La. R.S. 14:27(D)(1) and La. R.S. 14:30.1(B). La. R.S. 30.1(B) provides that “[wjhoever 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.” (Emphasis added.)