Louisiana POST - Elements of Criminal Conduct;
Statutes exam questions and answers with complete
solutions verified latest update
Terms in this set (206)
crime defined LRS 14:7
a crime is that conduct which is defined as
criminal in this code or in other acts of the
legislature, or in the constitution of this state.
criminal intent LRS 14:10
______may be specific or general
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.
(LRS 14:10)
,general criminal intent ______is present whenever there is specific
intent, and also when the
circumstances indicate that the offender, in the
ordinary course of human experience, must
have adverted to the prescribed criminal
consequences as reasonably certain to result
from his act or failure to act.
(LRS 14:10).
criminal negligence LRS 14:12
_____exists when, altho neither specific nor
general criminal intent is present,
there is such disregard of the interest of
others that the offenders conduct amounts
to a gross deviation below the the standard to
care expected to be maintained by a
reasonably careful man under like
circumstances.
infancy LRS 14:13
____is those who have not reached the age of 10
yrs are exempt from criminal
responsibility. However, nothing in this article
shall affect the jurisdiction of juvenile courts
as established by the constitution and
statutes of this state.
insanity LRS 14:14=
if the circumstances indicate that because
, of a mental disease or defect the offender
was incapable of distinguishing right and wrong
with reference to the conduct in question, the
offender shall be exempt from criminal
responsibility.
intoxication LRS 14:15
the fact of an intoxicated or drugged condition
of the offender at the time of the commission of
the crime is immaterial, except as follows:
(1) where the production of the intoxicated
or drugged condition has been
involuntary, and the circumstances indicate
this condition is the direct cause of the
commission of the crime, the offender is
exempt from criminal responsibility.
(2) where the circumstances indicate that
an intoxicated or drugged condition has
precluded the presence of a specific
criminal intent or of special knowledge
required in a particular crime, this fact
constitutes a defense to a prosecution for
that crime.
mistake of fact LRS 14:16
unless there is a provision to the contrary in
the definition of a crime, reasonable
ignorance of fact or mistake of fact which
precludes the presence of any mental
element required in that crime is a defense
to any prosecution for that crime.
, mistake of law LRS 14:17
ignorance of the provision of this code or of
any criminal statute is NOT a defense to any
criminal prosecution. However, mistake of law
which results in the lack of an intention that
consequences which are criminal shall
follow, is a defense to a
criminal prosecution under the following
circumstances:
(a) where the offender reasonably relied on the
act of the legislature in repealing an existing
criminal provision, or in otherwise purporting
to make the offenders
conduct lawful; or
(b) where the offender reasonably relied in a final
judgement of a competent
court of last resort that a provision making the
conduct in question criminal was
unconstitutional
Statutes exam questions and answers with complete
solutions verified latest update
Terms in this set (206)
crime defined LRS 14:7
a crime is that conduct which is defined as
criminal in this code or in other acts of the
legislature, or in the constitution of this state.
criminal intent LRS 14:10
______may be specific or general
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.
(LRS 14:10)
,general criminal intent ______is present whenever there is specific
intent, and also when the
circumstances indicate that the offender, in the
ordinary course of human experience, must
have adverted to the prescribed criminal
consequences as reasonably certain to result
from his act or failure to act.
(LRS 14:10).
criminal negligence LRS 14:12
_____exists when, altho neither specific nor
general criminal intent is present,
there is such disregard of the interest of
others that the offenders conduct amounts
to a gross deviation below the the standard to
care expected to be maintained by a
reasonably careful man under like
circumstances.
infancy LRS 14:13
____is those who have not reached the age of 10
yrs are exempt from criminal
responsibility. However, nothing in this article
shall affect the jurisdiction of juvenile courts
as established by the constitution and
statutes of this state.
insanity LRS 14:14=
if the circumstances indicate that because
, of a mental disease or defect the offender
was incapable of distinguishing right and wrong
with reference to the conduct in question, the
offender shall be exempt from criminal
responsibility.
intoxication LRS 14:15
the fact of an intoxicated or drugged condition
of the offender at the time of the commission of
the crime is immaterial, except as follows:
(1) where the production of the intoxicated
or drugged condition has been
involuntary, and the circumstances indicate
this condition is the direct cause of the
commission of the crime, the offender is
exempt from criminal responsibility.
(2) where the circumstances indicate that
an intoxicated or drugged condition has
precluded the presence of a specific
criminal intent or of special knowledge
required in a particular crime, this fact
constitutes a defense to a prosecution for
that crime.
mistake of fact LRS 14:16
unless there is a provision to the contrary in
the definition of a crime, reasonable
ignorance of fact or mistake of fact which
precludes the presence of any mental
element required in that crime is a defense
to any prosecution for that crime.
, mistake of law LRS 14:17
ignorance of the provision of this code or of
any criminal statute is NOT a defense to any
criminal prosecution. However, mistake of law
which results in the lack of an intention that
consequences which are criminal shall
follow, is a defense to a
criminal prosecution under the following
circumstances:
(a) where the offender reasonably relied on the
act of the legislature in repealing an existing
criminal provision, or in otherwise purporting
to make the offenders
conduct lawful; or
(b) where the offender reasonably relied in a final
judgement of a competent
court of last resort that a provision making the
conduct in question criminal was
unconstitutional
