Legal Question in Criminal Law in Louisiana

What is statute 14:27 Attempt/conviction mean?

I know someone who was convicted of Louisiana statute 14:27 Attempt. This person must register as a sex offender. Exactly what does this statute says and mean. I have children and I must know. Meri


Asked on 8/15/03, 12:48 am

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: What is statute 14:27 Attempt/conviction mean?

To be charged with attempt (R.S. 14:27) the charge must also include another offense. this is how a person is charged with attempted murder, rape, robbery or any other offense.

Here is the actual statutory language:

"A. Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.

B. Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in wait with a dangerous weapon with the intent to commit a crime, or searching for the intended victim with a dangerous weapon with the intent to commit a crime, shall be sufficient to constitute an attempt to commit the offense intended.

C. An attempt is a separate but lesser grade of the intended crime; and any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was actually perpetrated by such person in pursuance of such attempt."

The statute is saying that to be guilty of an attepmpt the offender must have specific intent to commit the crime (he had to want to do it) and must also have done something toward making the crime happen.

Because an attempt is a lesser form of the principal offense, a person who is guilty of attempting a sex crime is a sex offender

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Answered on 8/15/03, 7:53 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: What is statute 14:27 Attempt/conviction mean?

R.S. 14:27 only defines what an attempt is. Mr. Casenave quoted it for you in his answer. You need to know what the "crime attempted" was. If he has to register as a sex offender, then it was a sex crime against an minor. If you are romantic with this man and you have children, you should run (my personal opinion from 31 years of practice) because usually a DA will reduce the charge if his evidence is weak on the commission of the crime, or the victim's family does not want their child to testify, or many other reasons. Men preying on children of a girlfriend or on stepchildren is where the largest percentage of abuse occurs, both physical and sexual.

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Answered on 8/15/03, 8:11 am


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