{
 "citation": "14:32",
 "heading": "Negligent homicide",
 "doc_id": "78409",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78409",
 "classification": "F",
 "enacted_year": "1980",
 "last_amended_year": "2024",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) Except as provided for in Paragraph (2) of this Subsection, whoever commits the crime of negligent homicide shall be imprisoned with or without hard labor for not more than ten years, fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)(a)",
   "text": "(2)(a) If the victim killed was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation, parole, or suspension of sentence, for not less than two nor more than ten years.",
   "los_min": "2Y",
   "los_max": "10Y",
   "hard_labor": "AT",
   "benefits": "W/O BENEFITS (probation, parole, or suspension of sentence)",
   "death": false,
   "condition": "If the victim killed was under the age of ten years"
  },
  {
   "subsection": "C(3)",
   "text": "(3) If the victim was killed by a dog or other animal and the owner of the dog or other animal was criminally negligent, the owner of the dog or other animal shall be imprisoned with or without hard labor for not more than ten years or fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "If the victim was killed by a dog or other animal and the owner of the dog or other animal was criminally negligent"
  }
 ],
 "referenced_statutes": [
  "32:1"
 ],
 "text": "RS 14:32\n\n\u00a732. Negligent homicide\n\nA. Negligent homicide is either of the following:\n\n(1) The killing of a human being by criminal negligence.\n\n(2) The killing of a human being by a dog or other animal when the owner is reckless\nand criminally negligent in confining or restraining the dog or other animal.\n\nB. The violation of a statute or ordinance shall be considered only as presumptive\nevidence of such negligence.\n\nC.(1) Except as provided for in Paragraph (2) of this Subsection, whoever commits\nthe crime of negligent homicide shall be imprisoned with or without hard labor for not more\nthan ten years, fined not more than five thousand dollars, or both.\n\n(2)(a) If the victim killed was under the age of ten years, the offender shall be\nimprisoned at hard labor, without benefit of probation, parole, or suspension of sentence, for\nnot less than two nor more than ten years.\n\n(b) If the court does not order the offender to a term of imprisonment when the\nfollowing two factors are established, the court shall state, both orally and in writing at the\ntime of sentencing, the reasons for not sentencing the offender to a term of imprisonment:\n\n(i) The fatality was caused by a person engaged in the operation of, or in actual\nphysical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance;\nand\n\n(ii) The offender's blood alcohol concentration contributed to the fatality.\n\n(3) If the victim was killed by a dog or other animal and the owner of the dog or\nother animal was criminally negligent, the owner of the dog or other animal shall be\nimprisoned with or without hard labor for not more than ten years or fined not more than five\nthousand dollars, or both.\n\nD. The provisions of this Section shall not apply to:\n\n(1) Any dog which is owned, or the service of which is employed, by any state or\nlocal law enforcement agency for the principal purpose of aiding in the detection of criminal\nactivity, enforcement of laws, or apprehension of offenders.\n\n(2) Any dog trained in accordance with the standards of a national or regional search\nand rescue association to respond to instructions from its handler in the search and rescue of\nlost or missing individuals and which dog, together with its handler, is prepared to render\nsearch and rescue services at the request of law enforcement.\n\n(3) Any guide or service dog trained at a qualified dog guide or service school who\nis accompanying any blind person, visually impaired person, person who is deaf or hard of\nhearing, or person with any other physical disability who is using the dog as a guide or for\nservice.\n\n(4) Any attack made by a dog lawfully inside a dwelling, a place of business, or a\nmotor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an\nunlawful entry into the dwelling, place of business, or motor vehicle, or who has made an\nunlawful entry into the dwelling, place of business, or motor vehicle, and the dog is\nprotecting that property.\n\n(5) Any attack made by livestock as defined in this Section.\n\nE. For the purposes of this Section:\n\n(1) \"Harboring or keeping\" means feeding, sheltering, or having custody over the\nanimal for three or more consecutive days.\n\n(2) \"Livestock\" means any animal except dogs and cats, bred, kept, maintained,\nraised, or used for profit, that is used in agriculture, aquaculture, agritourism, competition,\nrecreation, or silvaculture, or for other related purposes or used in the production of crops,\nanimals, or plant or animal products for market. This definition includes but is not limited\nto cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine;\ngoats; sheep; swine; chickens, turkeys, and other poultry; domestic rabbits; imported exotic\ndeer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; fish, pet turtles, and other animals identified with aquaculture which\nare located in artificial reservoirs or enclosures that are both on privately owned property and\nconstructed so as to prevent, at all times, the ingress and egress of fish life from public\nwaters; any commercial crawfish from any crawfish pond; and any hybrid, mixture, or\nmutation of any such animal.\n\n(3) \"Owner\" means any person, partnership, corporation, or other legal entity\nowning, harboring, or keeping any animal.\n\nAmended by Acts 1980, No. 708, \u00a71; Acts 1991, No. 864, \u00a71; Acts 2008, No. 10, \u00a71;\nActs 2008, No. 451, \u00a72, eff. June 25, 2008; Acts 2009, No. 199, \u00a71; Acts 2014, No. 811, \u00a76,\neff. June 23, 2014; Acts 2017, No. 146, \u00a72; Acts 2024, No. 261, \u00a71."
}