Article 890.3 of the Louisiana Code of Criminal Procedure- Sentencing for Crimes of Violence

 

A.  Except as provided in Paragraph C of this Article, when a defendant is sentenced for any offense, or the attempt to commit any offense, defined or enumerated as a crime of violence in R.S. 14:2(B), the district attorney may make a written recommendation to the court that the offense should not be designated as a crime of violence only for the following purposes:

 

(1) The defendant’s eligibility for suspension or deferral of sentence pursuant to Article 893.

 

(2) The defendant’s eligibility for participation in a drug division probation program pursuant to R.S. 13:5304.

 

B.  In the absence of a written recommendation by the district attorney as provided in Paragraph A of this Article, the offense shall be designated as a crime of violence as a matter of law.

 

C.  The following crimes of violence enumerated in R.S. 14:2(B) shall always be designated by the court in the minutes as a crime of violence:

 

(1) Solicitation for murder.

 

(2) First degree murder.

 

(3) Second degree murder.

 

(4) Manslaughter.

 

(5) Aggravated or first degree rape.

 

(6) Forcible or second degree rape.

 

(7) Simple or third degree rape.

 

(8) Sexual battery.

 

(9) Second degree sexual battery.

 

(10) Intentional exposure to AIDS virus.

 

(11) Aggravated kidnapping.

 

(12) Second degree kidnapping.

 

(13) Aggravated arson.

 

(14) Armed robbery.

 

(15) Assault by drive-by shooting.

 

(16) Carjacking.

 

(17) Terrorism.

 

(18) Aggravated second degree battery.

 

(19) Aggravated assault with a firearm.

 

(20) Armed robbery; use of firearm; additional penalty.

 

(21) Second degree robbery.

 

(22) Disarming of a peace officer.

 

(23) Second degree cruelty to juveniles.

 

(24) Aggravated crime against nature.

 

(25) Trafficking of children for sexual purposes.

 

(26) Human trafficking.

 

(27) Home invasion.

 

Credits

 

Added by Acts 2016, No. 509, § 1, eff. Aug. 1, 2016. Amended by Acts 2017, No. 196, § 1.

 

 

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