Overview of Homicide Laws in Louisiana (La. R.S. §14:29–14:31)
Introduction
Louisiana law uses the term “homicide” to describe the killing of one human being by another. Under La. R.S. § 14:29, homicide can be criminal (punishable under the criminal code) or justifiable/excusable (permitted under specific circumstances). Criminal homicide is divided into five grades—first‑degree murder, second‑degree murder, manslaughter, negligent homicide and vehicular homicide. Each grade reflects a different level of intent or recklessness and carries very different penalties. This page summarizes the homicide statutes in La. R.S. §14:29–14:31, explains what prosecutors must prove to obtain a conviction, outlines common defenses (such as self‑defense and sudden passion), and highlights recent case law.
Elements Required for Conviction
First‑Degree Murder (La. R.S. § 14:30)
- Intent plus aggravating factor: The offender must have specific intent to kill or inflict great bodily harm and be engaged in one of the enumerated felonies (e.g., aggravated kidnapping, armed robbery, first‑degree rape) or other aggravating circumstances such as killing a fireman or witness. Alternatively, specific intent combined with factors like killing multiple people or offering something of value for the killing may elevate the offense.
- Punishment: If the district attorney seeks a capital verdict, the penalty is death or life in prison without parole. Otherwise, life imprisonment without parole.
Second‑Degree Murder (La. R.S. § 14:30.1)
- Intentional killing: Killing with specific intent to kill or inflict great bodily harm.
- Felony‑murder rule: Killing during the perpetration or attempted perpetration of certain felonies (aggravated arson, aggravated burglary, kidnapping, rape, armed robbery and others) even if there is no intent to kill.
- Drug‑distribution killings: Selling or distributing controlled substances that directly cause a death.
- Punishment: Mandatory life imprisonment at hard labor without parole.
Manslaughter (La. R.S. § 14:31)
- Sudden passion or heat of blood: A homicide that would be first‑ or second‑degree murder but is committed in sudden passion or heat of blood after provocation sufficient to deprive an average person of self‑control. The defendant must show that the provocation was immediate and that an average person’s blood would not have cooled before the killing.
- Felony‑manslaughter: Killing without intent while committing a felony not listed in the murder statutes or while resisting lawful arrest in a non‑dangerous manner.
- Continuous sequence killings: Killings occurring during the commission of a “crime of violence” where the offender’s conduct could foreseeably cause death.
- Punishment: Up to forty years at hard labor, with a ten‑year minimum when the victim is under ten years old.
Reasonable Defenses to Homicide Charges
- Self‑defense or defense of others: Louisiana law authorizes the use of deadly force when a person reasonably believes they are in imminent danger of death or great bodily harm and lethal force is necessary to prevent that harm. A defendant claiming self‑defense does not carry the burden of proof—the state must show beyond a reasonable doubt that the killing was not justified. However, the defendant cannot be the aggressor or must have attempted to withdraw from the conflict.
- Sudden passion/heat of blood (manslaughter): To reduce murder to manslaughter, the defendant must prove by a preponderance of evidence that sudden passion or heat of blood, caused by adequate provocation, existed and that neither the defendant nor an average person had cooled off.
- Lack of specific intent: Mistaken identity, accident, or intoxication may negate the requisite intent. Because first‑ and second‑degree murder require specific intent, evidence that the killing was accidental or occurred during lawful conduct (e.g., misfire while cleaning a gun) can negate guilt.
- Justifiable homicide: Killings committed by law enforcement officers in lawful performance or during lawful executions and killings committed to prevent a violent felony may be justifiable under other statutes (La. R.S. §14:20 and §14:21). The state still must disprove justifiability beyond a reasonable doubt.
Case Law Highlights
- Self‑defense burden: In State v. Robert Clark Jr. (2024), the Louisiana Court of Appeal reiterated that when self‑defense is raised, the state bears the burden of proving the homicide was not justified. The court explained that an aggressor cannot claim self‑defense (aggressor doctrine) unless he withdraws and indicates a desire to abandon the conflict.
- Manslaughter as mitigation: In State v. Tradavion Deanthony Hughes (2025), the court emphasized that sudden passion and heat of blood are mitigating factors—not elements of manslaughter. The defendant must prove adequate provocation and lack of cooling; mere verbal threats are insufficient.
- Proof required to reduce murder to manslaughter: In State v. Desmond Johnson (2023), the court held that to reduce murder to manslaughter a defendant must show (1) sudden passion or heat of blood; (2) provocation sufficient to deprive an average person of self‑control; (3) no cooling off; and (4) an average person would not have cooled off. The court also reaffirmed that the state must prove beyond a reasonable doubt that a killing was not in self‑defense.
Frequently Asked Questions (FAQ)
What is the difference between first‑ and second‑degree murder?
First‑degree murder requires specific intent plus an aggravating factor, such as killing during an enumerated felony or targeting a protected victim like a fireman. Second‑degree murder requires specific intent alone or killing during certain felonies without aggravating factors.
Is heat‑of‑passion a defense?
Heat‑of‑passion or sudden passion does not excuse the killing but may reduce murder to manslaughter if provocation and cooling‑off requirements are met.
Who has the burden of proving self‑defense?
The defendant must raise evidence of self‑defense, but the burden is on the prosecution to prove beyond a reasonable doubt that the killing was not justified
What penalties do homicides carry?
First‑degree murder carries life imprisonment or death; second‑degree murder carries mandatory life imprisonment; manslaughter carries up to forty years with higher minimum sentences when the victim is under ten.
Full Statutory Text
Below are the full provisions of the statutes discussed (text reproduced from the Louisiana Legislature):
La. R.S. § 14:29 — Homicide
Homicide is the killing of a human being by the act, procurement, or culpable omission of another. Criminal homicide is of five grades: (1) First degree murder. (2) Second degree murder. (3) Manslaughter. (4) Negligent homicide. (5) Vehicular homicide.
La. R.S. § 14:30 — First Degree Murder
[Excerpted] First degree murder is the killing of a human being (1) when the offender has specific intent to kill or inflict great bodily harm and is engaged in the perpetration or attempted perpetration of enumerated felonies such as aggravated kidnapping, armed robbery or first‑degree rape; (2) when the offender has specific intent to kill a fireman or peace officer; (3) when the offender intends to kill multiple persons; (4) when the offender offers or receives something of value for the killing; (5) when the victim is under twelve or over sixty‑five; and other enumerated circumstance. The statute details definitions of peace officer and witness and sets the penalties.
La. R.S. § 14:30.1 — Second Degree Murder
[Excerpted] 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; (2) when the offender kills during the perpetration or attempted perpetration of certain felonies (aggravated arson, aggravated burglary, aggravated kidnapping, rape, armed robbery and others) even without intent to kill; or (3–4) when the offender unlawfully distributes controlled substances that directly cause a death. The punishment is life imprisonment without parole.
La. R.S. § 14:31 — Manslaughter
Manslaughter is a homicide that would be first‑ or second‑degree murder but is committed in sudden passion or heat of blood caused by adequate provocation; or a homicide committed without intent during certain non‑enumerated felonies or while resisting arrest in a non‑dangerous manner; or a killing occurring during a crime of violence where death is foreseeable even without intent. The maximum punishment is forty years at hard labor, with a ten‑year minimum if the victim is under ten.
How The Ambeau Law Firm Can Help
Facing a homicide charge is overwhelming. The Ambeau Law Firm provides compassionate guidance and experienced defense for clients across Louisiana. Our attorneys analyze every detail—from the elements of the charged offense to the validity of self‑defense or heat‑of‑passion claims. We challenge the prosecution’s evidence, consult forensic experts, and negotiate reduced charges when appropriate. Whether you or a loved one faces a first‑degree murder indictment or a manslaughter allegation, our team is prepared to advocate zealously and help you navigate the legal system.
Louisiana Laws – Louisiana State Legislature
Louisiana Laws – Louisiana State Legislature