Louisiana Code of Criminal Procedure 465 – Specific indictment forms
Terms Used In Louisiana Code of Criminal Procedure 465
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Oath: A promise to tell the truth.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. The following forms of charging offenses may be used, but any other forms authorized by this title may also be used:
1. Abortion–A.B. committed abortion on C.D.
2. Aggravated Arson–A.B. committed aggravated arson of a dwelling (or structure, watercraft, or movable, as the case may be). If the words “belonging to another and with the damage amounting to __________ dollars” are added, simple arson will be included in the charge.
3. Simple Arson–A.B. committed simple arson of __________ (state the property burned or damaged) with the damage amounting to __________ dollars.
4. Arson with Intent to Defraud–A.B. committed arson of __________ (state the property burned or damaged) with intent to defraud C.D.
5. Aggravated Assault–A.B. assaulted C.D. with a dangerous weapon.
6. Simple Assault–A.B. assaulted C.D.
7. Attempt–A.B. attempted to __________ (commit theft of one rifle–state property subject of the theft; rob C.D.; or murder C.D.; as the case may be).
8. Aggravated Battery–A.B. committed a battery with a dangerous weapon upon C.D.
9. Simple Battery–A.B. committed a battery upon C.D.
10. Bigamy–A.B. committed bigamy with C.D.
11. Public Bribery–A.B. committed public bribery by giving (or offering to give) __________ dollars (or describe property) to C.D., __________, (state official status of person bribed); or, A.B., __________, (state official status of A.B.) committed public bribery by receiving (or offering to receive) __________ dollars (or describe property) from C.D.
12. Bribery of Voters–A.B. bribed C.D., a voter, by giving him (or offering him) __________ dollars (or describe property); or A.B., a voter, committed bribery of voters by receiving (or offering to receive) __________ dollars (or describe property) from C.D.
13. Aggravated Burglary–A.B. committed aggravated burglary of the dwelling of C.D.; or A.B. committed aggravated burglary of a warehouse (or other structure, watercraft, or movable, as the case may be) belonging to C.D.
14. Simple Burglary–A.B. committed simple burglary of the houseboat (or other structure, watercraft, or movable, as the case may be) belonging to C.D.
15. Carnal Knowledge of a Juvenile–A.B. committed carnal knowledge of C.D., a juvenile.
16. Crime Against Nature–A.B. committed crime against nature with C.D. by __________ (describe the act).
17. Criminal Conspiracy–A.B. conspired with C.D. to __________ (commit theft of one rifle–state property subject of the theft; murder E.F.; or rob E.F.; as the case may be).
18. Aggravated Criminal Damage to Property–A.B. committed aggravated criminal damage to __________ (state the structure, watercraft, or movable). If the words “belonging to another and with the damage amounting to __________ dollars” are added, simple criminal damage to property will be included in the charge.
19. Simple Criminal Damage to Property–A.B. committed simple criminal damage to __________ (state the property damaged) with the damage amounting to __________ dollars.
20. Damage to Property with Intent to Defraud–A.B. damaged __________ (state the property damaged) with intent to defraud C.D.
21. Cruelty to Juveniles–A.B. committed cruelty to C.D., a juvenile, by __________ (describe act of cruelty).
22. Aggravated Escape–A.B. committed aggravated escape from C.D., a __________ (state official status of person escaped from); or A.B. committed aggravated escape from __________ (state place of official detention).
23. Simple Escape–A.B. escaped from C.D., a __________ (state official status of person escaped from); or A.B. escaped from __________ (state place of official detention).
24. Forgery–A.B. forged a __________ (promissory note, or other instrument) by __________ (state nature of defendant‘s act).
25. False Imprisonment–A.B. falsely imprisoned C.D.
26. Incest–A.B. committed incest with C.D., his __________ (state relationship).
27. Public Intimidation–A.B. committed public intimidation upon C.D., a __________ (state official status of person intimidated).
28. Issuing Worthless Checks–A.B. issued a worthless check to __________ (state name of payee) in the amount of __________ dollars.
29. Aggravated Kidnapping–A.B. committed aggravated kidnapping of C.D.
30. Simple Kidnapping–A.B. kidnapped C.D.
31. First Degree Murder–A.B. committed first degree murder of C.D.
32. Second Degree Murder–A.B. committed second degree murder of C.D.
33. Manslaughter–A.B. unlawfully killed C.D.
34. Negligent Homicide–A.B. negligently killed C.D.
35. Negligent Injuring–A.B. negligently injured C.D.
36. Perjury–A.B. committed perjury on the trial of C.D. for a felony (or on the trial of C.D. for a misdemeanor; or in a civil case between C.D. and E.F.; or at a __________ hearing; as the case may be) by testifying as follows: __________ (set forth the testimony).
37. False Swearing–A.B. made a false statement under oath for __________ (set forth purpose of making the statement) as follows: __________ (set forth the false statement).
38. Prostitution–A.B. committed prostitution.
39. Aggravated Rape or First Degree Rape–A.B. committed aggravated or first degree rape upon C.D.
40. Simple Rape or Third Degree Rape–A.B. committed simple or third degree rape upon C.D.
41. Receiving Stolen Things–A.B. received stolen things, viz., __________ (state property received) of a value of __________ dollars.
42. Armed Robbery–A.B., while armed with a dangerous weapon, robbed C.D.
43. Simple Robbery–A.B. robbed C.D.
44. Theft–A.B. committed theft of __________ (state property stolen) of a value of __________ dollars.
45. Theft of Cattle, etc.–A.B. committed theft of __________ (describe animal or animals stolen).
46. Unauthorized Use of Movables–A.B. committed unauthorized use of __________ (describe the movable).
B. The indictment, in addition to the necessary averments of the appropriate specific form hereinbefore set forth, may also include a statement of additional facts pertaining to the offense charged. If this is done it shall not affect the sufficiency of the specific indictment form authorized by this article.
Amended by Acts 1973, No. 128, §1; Acts 2015, No. 184, §6.