Art. 814. Responsive verdicts; in particular

A. The only responsive verdicts which may be rendered when the indictment charges the following offenses are:

1. First Degree Murder:

Guilty.

Guilty of second degree murder.

Guilty of manslaughter.

Not guilty.

2. Attempted First Degree Murder:

Guilty.

Guilty of attempted second degree murder.

Guilty of attempted manslaughter.

Guilty of aggravated battery.

Guilty of aggravated assault with a firearm.

Not guilty.

3. Second Degree Murder:

Guilty.

Guilty of manslaughter.

Guilty of negligent homicide.

Not guilty.

4. Attempted Second Degree Murder:

Guilty.

Guilty of attempted manslaughter.

Guilty of aggravated battery.

Guilty of aggravated assault with a firearm.

Not guilty.

5. Manslaughter:

Guilty.

Guilty of negligent homicide.

Not guilty.

6. Attempted Manslaughter:

Guilty.

Guilty of aggravated battery.

Not guilty.

7. Negligent Homicide:

Guilty.

Not guilty.

8. Vehicular homicide:

Guilty.

Guilty of negligent homicide.

Not guilty.

9. Vehicular negligent injuring:

Guilty.

Guilty of negligent injuring.

Guilty of operating a vehicle while intoxicated.

Not guilty.

10. First degree vehicular negligent injuring:

Guilty.

Guilty of vehicular negligent injuring.

Guilty of negligent injuring.

Guilty of operating a vehicle while intoxicated.

Not guilty.

11. First degree rape (formerly titled aggravated rape):

Guilty.

Guilty of attempted first degree rape.

Guilty of second degree rape.

Guilty of attempted second degree rape.

Guilty of sexual battery.

Guilty of third degree rape.

Guilty of attempted third degree rape.

Guilty of oral sexual battery.

Not guilty.

12. First degree rape (formerly titled aggravated rape) of a child under the age of thirteen:

Guilty.

Guilty of attempted first degree rape.

Guilty of second degree rape.

Guilty of attempted second degree rape.

Guilty of third degree rape.

Guilty of attempted third degree rape.

Guilty of sexual battery.

Guilty of molestation of a juvenile or a person with a physical or mental disability.

Guilty of attempted molestation of a juvenile or a person with a physical or mental disability.

Guilty of indecent behavior with a juvenile.

Guilty of attempted indecent behavior with a juvenile.

Not guilty.

13. Attempted first degree rape (formerly titled aggravated rape):

Guilty.

Guilty of attempted second degree rape.

Guilty of attempted third degree rape.

Not guilty.

14. Second degree rape (formerly titled forcible rape):

Guilty.

Guilty of attempted second degree rape.

Guilty of third degree rape.

Guilty of attempted third degree rape.

Guilty of sexual battery.

Not guilty.

15. Attempted second degree rape (formerly titled forcible rape):

Guilty.

Guilty of attempted third degree rape.

Not guilty.

16. Third degree rape (formerly titled simple rape):

Guilty.

Guilty of attempted third degree rape.

Guilty of sexual battery.

Not guilty.

17. Attempted third degree rape (formerly titled simple rape):

Guilty.

Not guilty.

18. Aggravated Battery:

Guilty.

Guilty of second degree battery.

Guilty of simple battery.

Not guilty.

19. Disarming of a Peace Officer:

Guilty.

Guilty of attempted disarming of a peace officer.

Guilty of battery of a police officer.

Guilty of aggravated assault.

Not guilty.

20. Aggravated Second Degree Battery:

Guilty.

Guilty of aggravated battery.

Guilty of second degree battery.

Guilty of simple battery.

Not guilty.

21. Second Degree Battery:

Guilty.

Guilty of simple battery.

Not guilty.

22. Vehicular negligent injuring:

Guilty.

Not guilty.

23. Aggravated Assault:

Guilty.

Guilty of simple assault.

Not guilty.

24. Simple Battery:

Guilty.

Not guilty.

25. Aggravated Kidnapping:

Guilty.

Guilty of attempted aggravated kidnapping.

Guilty of second degree kidnapping.

Guilty of attempted second degree kidnapping.

Guilty of simple kidnapping.

Guilty of attempted simple kidnapping.

Not guilty.

26. Attempted Aggravated Kidnapping:

Guilty.

Guilty of attempted second degree kidnapping.

Guilty of attempted simple kidnapping.

Not guilty.

27. Simple Kidnapping:

Guilty.

Guilty of attempted simple kidnapping.

Not guilty.

28. Attempted Simple Kidnapping:

Guilty.

Not guilty.

29. Armed Robbery:

Guilty.

Guilty of attempted armed robbery.

Guilty of first degree robbery.

Guilty of attempted first degree robbery.

Guilty of simple robbery.

Guilty of attempted simple robbery.

Not guilty.

30. Attempted Armed Robbery:

Guilty.

Guilty of attempted first degree robbery.

Guilty of attempted simple robbery.

Not guilty.

31. First Degree Robbery:

Guilty.

Guilty of attempted first degree robbery.

Guilty of simple robbery.

Guilty of attempted simple robbery.

Not guilty.

32. Simple Robbery:

Guilty.

Guilty of attempted simple robbery.

Not guilty.

33. Attempted Simple Robbery:

Guilty.

Not guilty.

34. Theft:

Guilty of theft of property having a value of twenty-five thousand dollars or more.

Guilty of theft of property having a value of five thousand dollars or more, but less than twenty-five thousand dollars.

Guilty of theft of property having a value of one thousand dollars or more, but less than five thousand dollars.

Guilty of theft of property having a value of less than one thousand dollars.

Guilty of attempted theft of property having a value of twenty-five thousand dollars or more.

Guilty of attempted theft of property having a value of five thousand dollars or more, but less than twenty-five thousand dollars.

Guilty of attempted theft of property having a value of one thousand dollars or more, but less than five thousand dollars.

Guilty of attempted theft of property having a value of less than one thousand dollars.

Guilty of unauthorized use of movables having a value in excess of one thousand dollars.

Guilty of unauthorized use of movables having a value of one thousand dollars or less.

Not guilty.

35. Attempted Theft:

Guilty of attempted theft of property having a value of twenty-five thousand dollars or more.

Guilty of attempted theft of property having a value of five thousand dollars or more, but less than twenty-five thousand dollars.

Guilty of attempted theft of property having a value of one thousand dollars or more, but less than five thousand dollars.

Guilty of attempted theft of property having a value of less than one thousand dollars.

Guilty of attempted unauthorized use of movables having a value in excess of one thousand dollars.

Guilty of attempted unauthorized use of movables having a value of one thousand dollars or less.

Not guilty.

36. Aggravated Arson:

Guilty.

Guilty of simple arson where the damage amounted to five hundred dollars or more.

Guilty of simple arson where the damage amounted to less than five hundred dollars.

The simple arson verdicts are responsive only if the words "belonging to another and with damage amounting to __________ dollars" are included in the indictment.

Not guilty.

37. Attempted Aggravated Arson:

Guilty.

Guilty of attempted simple arson where the damage would have amounted to five hundred dollars or more.

Guilty of attempted simple arson where the damage would have amounted to less than five hundred dollars.

The attempted simple arson verdicts are responsive only if the words "belonging to another and with damage that would have amounted to __________ dollars" are included in the indictment.

Not guilty.

38. Simple Arson:

Guilty of simple arson where the damage done amounted to five hundred dollars or more.

Guilty of simple arson where the damage done amounted to less than five hundred dollars.

Not guilty.

39. Attempted Simple Arson:

Guilty of attempted arson where the damage would have amounted to five hundred dollars or more.

Guilty of attempted simple arson where the damage would have amounted to less than five hundred dollars.

Not guilty.

40. Arson With Intent to Defraud:

Guilty.

Not guilty.

41. Attempted Arson With Intent to Defraud:

Guilty.

Not guilty.

42. Aggravated Criminal Damage to Property:

Guilty.

Guilty of simple criminal damage to property where the damage amounted to fifty thousand dollars or more.

Guilty of simple criminal damage to property where the damage amounted to one thousand dollars or more, but less than fifty thousand dollars.

Guilty of simple criminal damage to property where the damage amounted to less than one thousand dollars.

The simple criminal damage to property verdicts are responsive only if the words "belonging to another and with damage amounting to __________ dollars" are included in the indictment.

Not guilty.

43. Attempted Aggravated Criminal Damage to Property:

Guilty.

Guilty of attempted simple criminal damage to property where the damage would have amounted to fifty thousand dollars or more.

Guilty of attempted simple criminal damage to property where the damage would have amounted to one thousand dollars or more, but less than fifty thousand dollars.

Guilty of attempted simple criminal damage to property where the damage would have amounted to less than one thousand dollars.

The attempted simple criminal damage to property verdicts are responsive only if the words "belonging to another and with damage that would have amounted to __________ dollars" are included in the indictment.

Not guilty.

44. Simple Criminal Damage to Property:

Guilty of simple criminal damage to property where the damage done amounted to fifty thousand dollars or more.

Guilty of simple criminal damage to property where the damage done amounted to one thousand dollars or more, but less than fifty thousand dollars.

Guilty of simple criminal damage to property where the damage done amounted to less than one thousand dollars.

Not guilty.

45. Attempted Simple Criminal Damage to Property:

Guilty of attempted simple criminal damage to property where the damage would have amounted to fifty thousand dollars or more.

Guilty of attempted simple criminal damage to property where the damage would have amounted to one thousand dollars or more, but less than fifty thousand dollars.

Guilty of attempted simple criminal damage to property where the damage would have amounted to less than one thousand dollars.

Not guilty.

46. Damage to Property With Intent to Defraud:

Guilty.

Not guilty.

47. Attempted Damage to Property With Intent to Defraud:

Guilty.

Not guilty.

48. Aggravated Burglary:

Guilty.

Guilty of attempted aggravated burglary.

Guilty of simple burglary.

Guilty of attempted simple burglary.

Guilty of simple burglary of an inhabited dwelling.

Guilty of attempted simple burglary of an inhabited dwelling.

Guilty of unauthorized entry of an inhabited dwelling.

Guilty of attempted unauthorized entry of an inhabited dwelling.

Not guilty.

49. Attempted Aggravated Burglary:

Guilty.

Guilty of attempted simple burglary.

Guilty of attempted simple burglary of an inhabited dwelling.

Guilty of attempted unauthorized entry of an inhabited dwelling.

Not guilty.

50. Simple Burglary:

Guilty.

Guilty of attempted simple burglary.

Guilty of unauthorized entry of a place of business.

Guilty of attempted unauthorized entry of a place of business.

Not guilty.

51. Simple Burglary of an Inhabited Dwelling:

Guilty.

Guilty of attempted simple burglary of an inhabited dwelling.

Guilty of unauthorized entry of an inhabited dwelling.

Guilty of attempted unauthorized entry of an inhabited dwelling.

Not guilty.

52. Attempted Simple Burglary:

Guilty.

Not guilty.

53. Aggravated Flight from an Officer:

Guilty.

Guilty of flight from an officer.

Not guilty.

54. Contamination of Water Supplies:

Guilty of contaminating water supplies when the act foreseeably endangered the life or health of human beings.

Guilty of contaminating water supplies when the act did not foreseeably endanger the life or health of human beings.

Not guilty.

55. Attempted Contamination of Water Supplies:

Guilty of attempted contamination of water supplies when the act would foreseeably endanger the life or health of human beings.

Guilty of attempted contamination of water supplies when the act would not foreseeably endanger the life or health of human beings.

Not guilty.

56. Production, Manufacture, Distribution or Dispensation of Controlled Dangerous Substances:

Guilty.

Guilty of attempted production, manufacture, distribution or dispensation of controlled dangerous substances.

Guilty of possession of controlled dangerous substances.

Guilty of attempted possession of controlled dangerous substances.

Not guilty.

57. Possession of Controlled Dangerous Substances With Intent to Produce, Manufacture, Distribute, or Dispense:

Guilty.

Guilty of attempted possession of controlled dangerous substances with intent to produce, manufacture, distribute, or dispense.

Guilty of possession of controlled dangerous substances.

Guilty of attempted possession of controlled dangerous substances.

Not guilty.

58. Possession of Controlled Dangerous Substances:

Guilty.

Guilty of attempted possession of controlled dangerous substances.

Not guilty.

59. Possession of Cocaine:

Guilty.

Guilty of attempted possession of cocaine.

Guilty of possession of drug paraphernalia.

Not guilty.

The possession of drug paraphernalia verdict is responsive only if there is evidence of drug paraphernalia, as defined in R.S. 40:1021, in the charged offense of possession of cocaine.

60. Attempted Production or Manufacture of Controlled Dangerous Substances:

Guilty.

Guilty of attempted possession of controlled dangerous substances.

Not guilty.

61. Attempted Distribution or Dispensation of Controlled Dangerous Substances:

Guilty.

Guilty of possession of controlled dangerous substances.

Guilty of attempted possession of controlled dangerous substances.

Not guilty.

62. Attempted Possession of Controlled Dangerous Substances With Intent to Produce, Manufacture, Distribute or Dispense:

Guilty.

Guilty of attempted possession of controlled dangerous substances.

Not guilty.

63. Creation or Distribution of Counterfeit Controlled Dangerous Substances:

Guilty.

Guilty of attempted creation or distribution of counterfeit controlled dangerous substances.

Not guilty.

64. Possession of Counterfeit Controlled Dangerous Substances With Intent to Distribute:

Guilty.

Guilty of attempted possession of counterfeit controlled dangerous substances with intent to distribute.

Not guilty.

65. Attempted Creation, Distribution, or Possession of Counterfeit Controlled Dangerous Substances With Intent to Distribute:

Guilty.

Not guilty.

66. Conspiracy to Violate any Provision of the Uniform Controlled Dangerous Substances Law:

Guilty.

Not guilty.

67. Cruelty to Persons with Infirmities:

Guilty.

Guilty of attempted cruelty to persons with infirmities.

Guilty of simple battery.

Guilty of assault.

Guilty of negligent injuring.

Not guilty.

68. Solicitation of Crime Against Nature:

Guilty.

Guilty of attempted solicitation of crime against nature.

Guilty of prostitution.

Not guilty.

B.(1) Except as provided in Paragraph A of this Article, responsive verdicts in any other cases arising under the Uniform Controlled Dangerous Substances Law shall be governed by Article 815 of this Code.

(2) For purposes of this Article and Article 815, for any offense arising under the Uniform Controlled Dangerous Substances Law that is graded according to the weight of the substance, the responsive verdicts shall include grades of the offense that are based upon lesser weights than the weight of the substance that is charged in the indictment.

C. Upon motion of the state or the defendant, or on its own motion, the court shall exclude a responsive verdict listed in Paragraph A if, after all the evidence has been submitted, the evidence, viewed in a light most favorable to the state, is not sufficient reasonably to permit a finding of guilty of the responsive offense.

D. Where an offense is graded according to property value or amount of damage, the responsive verdicts shall not include a grade of the offense that is greater than the property value or amount of damage charged in the indictment.

Amended by Acts 1973, No. 126, §1; Acts 1975, No. 334, §1; Acts 1975, No. 335, §1; Acts 1975, No. 336, §§1, 2; Acts 1976, No. 85, §1; Acts 1978, No. 247, §1; Acts 1982, No. 763, §1. Amended by Acts 1983, 1st Ex. Sess., No. 28, §1; Acts 1983, No. 633, §1; Acts 1983, No. 635, §1; Acts 1985, No. 791, §1; Acts 1985, No. 799, §1; Acts 1986, No. 646, §1; Acts 1988, No. 926, §1; Acts. 1988, No. 927, §1; Acts 1988, No. 928, §1; Acts 1991, No. 465, §1; Acts 1992, No. 307, §1; Acts 1995, No. 403, §2, eff. June 17, 1995; Acts 1997, No. 400, §1; Acts 1997, No. 558, §1; Acts 1997, No. 865, §1; Acts 2001, No. 321, §1; Acts 2001, No. 1093, §1; Acts 2003, No. 164, §1; Acts 2003, No. 623, §1; Acts 2003, No. 720, §1; Acts 2004, No. 739, §1; Acts 2006, No. 52, §1; Acts 2006, No. 235, §1; Acts 2010, No. 396, §2; Acts 2014, No. 61, §1; Acts 2014, No. 255, §§2, 4, and 5; Acts 2014, No. 811, §31, eff. June 23, 2014; Acts 2015, No. 184, §6; Acts 2018, No. 680, §1.