Louisiana Revised Statutes 15:562.1 – For the purposes of this Chapter, the following shall apply:
Terms Used In Louisiana Revised Statutes 15:562.1
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
For the purposes of this Chapter, the following shall apply:
(1) “Conviction” means any disposition of charges adverse to the defendant, including a plea of guilty, deferred adjudication, adjudication withheld for the perpetration or attempted perpetration of or conspiracy to commit an offense involving arson. “Conviction” shall not include a decision not to prosecute, a dismissal, or an acquittal, except when the acquittal is due to a finding of not guilty by reason of insanity and the person was committed. However, a dismissal entered after a period of probation, suspension, or deferral of sentence shall be included in the definition of “conviction” for purposes of this Chapter.
(2) “Disposition” means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.
(3) “Offense involving arson” includes the following:
(a) Aggravated arson (R.S. 14:51).
(b) Simple arson (R.S. 14:52).
(c) Simple arson of a religious building (R.S. 14:52.1).
(d) Arson with intent to defraud (R.S. 14:53).
(e) Communicating of false information of planned arson (R.S. 14:54.1).
(f) Manufacture and possession of delayed action incendiary devices (R.S. 14:54.2).
(g) Manufacture and possession of a bomb (R.S. 14:54.3).
(h) Fake explosive device (R.S. 14:54.5).
(i) Injury by arson (R.S. 14:51.1).
(j) Negligent arson (R.S. 14:52.2).
(4) “Residence” means a dwelling where an offender regularly resides, regardless of the number of days or nights spent there. For those offenders who lack a fixed abode or dwelling, “residence” shall include the area or place where the offender habitually lives, including but not limited to a rural area with no address or a shelter.
Acts 2010, No. 796, §1; Acts 2014, No. 140, §1; Acts 2018, No. 576, §2, eff. May 31, 2018.