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Terms Used In Louisiana Revised Statutes 15:562.1

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. 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.