Will Hayden arrested again TODAY

The Best online firearms community in Louisiana.

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • JR1572

    Well-Known Member
    Premium Member
    Rating - 100%
    58   0   0
    Nov 30, 2008
    6,697
    48
    Madisonville, LA
    You guys need to read this statute.

    http://www.legis.state.la.us/lss/lss.asp?doc=78529

    §42. Aggravated rape

    A. Aggravated rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

    (1) When the victim resists the act to the utmost, but whose resistance is overcome by force.

    (2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.

    (3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.

    (4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.

    (5) When two or more offenders participated in the act.

    (6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

    B. For purposes of Paragraph (5), "participate" shall mean:

    (1) Commit the act of rape.

    (2) Physically assist in the commission of such act.

    C. For purposes of this Section, the following words have the following meanings:

    (1) "Physical infirmity" means a person who is a quadriplegic or paraplegic.

    (2) "Mental infirmity" means a person with an intelligence quotient of seventy or lower.

    D.(1) Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

    (2) However, if the victim was under the age of thirteen years, as provided by Paragraph A(4) of this Section:

    (a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.

    (b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

    Acts 1978, No. 239, §1. Amended by Acts 1981, No. 707, §1; Acts 1984, No. 579, §1; Acts 1993, No. 630, §1; Acts 1995, No. 397, §1; Acts 1997, No. 757, §1; Acts 1997, No. 898, §1; Acts 2001, No. 301, §1; Acts 2003, No. 795, §1; Acts 2006, No. 178, §1.

    Let that all soak in for a minute.

    JR1572
     

    mpl006

    Well-Known Member
    Rating - 100%
    1   0   0
    Nov 4, 2011
    386
    16
    Ruston
    Can someone explain what the difference between the original charges and the new charge is? As in why did they not charge him with aggravated rape to begin with since the victim is 11-12 YO?


    Sent from my iPhone using Tapatalk
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    You guys need to read this statute.

    http://www.legis.state.la.us/lss/lss.asp?doc=78529

    §42. Aggravated rape

    A. Aggravated rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

    (1) When the victim resists the act to the utmost, but whose resistance is overcome by force.

    (2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.

    (3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.

    (4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.

    (5) When two or more offenders participated in the act.

    (6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

    B. For purposes of Paragraph (5), "participate" shall mean:

    (1) Commit the act of rape.

    (2) Physically assist in the commission of such act.

    C. For purposes of this Section, the following words have the following meanings:

    (1) "Physical infirmity" means a person who is a quadriplegic or paraplegic.

    (2) "Mental infirmity" means a person with an intelligence quotient of seventy or lower.

    D.(1) Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

    (2) However, if the victim was under the age of thirteen years, as provided by Paragraph A(4) of this Section:

    (a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.

    (b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

    Acts 1978, No. 239, §1. Amended by Acts 1981, No. 707, §1; Acts 1984, No. 579, §1; Acts 1993, No. 630, §1; Acts 1995, No. 397, §1; Acts 1997, No. 757, §1; Acts 1997, No. 898, §1; Acts 2001, No. 301, §1; Acts 2003, No. 795, §1; Acts 2006, No. 178, §1.

    Let that all soak in for a minute.

    JR1572

    I am sure some of us knew that^. What emotion are we supposed to feel?
     

    snoopygw73

    Well-Known Member
    Rating - 100%
    3   0   0
    Dec 10, 2011
    98
    6
    mandeville/covington
    The death penalty for agg rape was over ruled by the supreme court in a 5-4 decision. No more death...... :(
    You guys need to read this statute.

    http://www.legis.state.la.us/lss/lss.asp?doc=78529

    §42. Aggravated rape

    A. Aggravated rape is a rape committed upon a person sixty-five years of age or older or where the anal, oral, or vaginal sexual intercourse is deemed to be without lawful consent of the victim because it is committed under any one or more of the following circumstances:

    (1) When the victim resists the act to the utmost, but whose resistance is overcome by force.

    (2) When the victim is prevented from resisting the act by threats of great and immediate bodily harm, accompanied by apparent power of execution.

    (3) When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.

    (4) When the victim is under the age of thirteen years. Lack of knowledge of the victim's age shall not be a defense.

    (5) When two or more offenders participated in the act.

    (6) When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

    B. For purposes of Paragraph (5), "participate" shall mean:

    (1) Commit the act of rape.

    (2) Physically assist in the commission of such act.

    C. For purposes of this Section, the following words have the following meanings:

    (1) "Physical infirmity" means a person who is a quadriplegic or paraplegic.

    (2) "Mental infirmity" means a person with an intelligence quotient of seventy or lower.

    D.(1) Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

    (2) However, if the victim was under the age of thirteen years, as provided by Paragraph A(4) of this Section:

    (a) And if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.

    (b) And if the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

    Acts 1978, No. 239, §1. Amended by Acts 1981, No. 707, §1; Acts 1984, No. 579, §1; Acts 1993, No. 630, §1; Acts 1995, No. 397, §1; Acts 1997, No. 757, §1; Acts 1997, No. 898, §1; Acts 2001, No. 301, §1; Acts 2003, No. 795, §1; Acts 2006, No. 178, §1.

    Let that all soak in for a minute.

    JR1572
     

    JR1572

    Well-Known Member
    Premium Member
    Rating - 100%
    58   0   0
    Nov 30, 2008
    6,697
    48
    Madisonville, LA
    The death penalty for agg rape was over ruled by the supreme court in a 5-4 decision. No more death...... í*½í¸*:(

    You are correct. It was overturned by the Supreme Court in 2008.

    Pretty nice how our state website still has the statute up with the old penalty still listed.

    Life in prison is still on the table. It isn't death, but it's still nothing to scoff at...

    JR1572
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    You are correct. It was overturned by the Supreme Court in 2008.

    Pretty nice how our state website still has the statute up with the old penalty still listed.

    Life in prison is still on the table. It isn't death, but it's still nothing to scoff at...

    JR1572

    Particulraly when this caveat is thrown on there: "without benefit of parole"
     

    VOODOO_KING

    \sigma_{x}\sigma_{p} \geq
    Rating - 0%
    0   0   0
    Mar 13, 2014
    217
    16
    walker
    time stamp

    There are currently 34 users browsing this thread. (25 members and 9 guests)
    2:36 8/29


     
    Last edited:

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    Damn....liberals.
    http://en.wikipedia.org/wiki/Kennedy_v._Louisiana

    Read the details of the case. Remind you of anyone??

    I give Louisiana an A for effort!

    The problem I have with death versus life sentences is life in prison is not that big of a deal for a POS that doesn't care about himself or others. And over time, even many years in a prison, that IS his life. And he still reads, and laughs, and watches tv, and plays in the yard, and converses with other POS, and can get drugs, and cigarettes, has sex, etc.

    Prison is terrible for guys like those of us that have hearts, minds, intellect, feelings, children we love, family we love, freedom we don't take for granted, etc.

    I think many folks have the wrong idea of modern American prison life. That's why our prisons aren't big hits on the show "Locked Up!

    Now Russia?! :eek3:
     

    Staff online

    Forum statistics

    Threads
    196,171
    Messages
    1,552,298
    Members
    29,391
    Latest member
    Spydy
    Top Bottom