§ 28-65. Justification; general provisions.  


Latest version.
  • The fact that an offender's conduct is justifiable shall constitute a defense to prosecution for any offense based on that conduct. This defense of justification can be claimed under any of the following circumstances:

    (1)

    When the offender's conduct is an apparently authorized and reasonable fulfillment of any duties of public office.

    (2)

    When the offender's conduct is a reasonable accomplishment of an arrest which is lawful.

    (3)

    When for any reason the offender's conduct is authorized by law or ordinance.

    (4)

    When the offender's conduct is reasonable discipline of minors by their parents, tutors, or teachers.

    (5)

    When the offense consists of a failure to perform an affirmative duty and the failure to perform is caused by physical impossibility.

    (6)

    When any offense is committed through the compulsion of threats by another of death or great bodily harm, and the offender reasonably believes the person making the threats is present and would immediately carry out the threats if the offense were not committed.

    (7)

    When the offender's conduct is in defense of persons or of property under any of the circumstances described in sections 28-66 through 28-68.

(Code 2004, § 14.18)

State law reference

Justification, general provisions, R.S. 14:18.