La. Admin. Code tit. 22 § IX-203

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-203 - Crime Seriousness Level

A. The crime seriousness level is determined by the offense of conviction.

B. Offenses are ranked according to the following:

1. the interest protected; and

2. the type and level of harm or threat of harm proscribed by statute.

C. The placement of an offense in a particular seriousness level is determined by the typical case for each offense.

D. Offenses listed within each level of seriousness are deemed to be generally equivalent in seriousness.

E. The seriousness level for the felony offenses for which a crime seriousness level has been determined are set forth by level in the crime seriousness master ranking list. See Chapter 4, §401 A, Crime Seriousness Master Ranking List. Felony offenses are classified into five categories of offenses which are subdivided into ten levels of seriousness ranging from high, Level 0, to low, Level 9, listed alphabetically within each level.

1. The five categories of felony offenses are Categories I, II, III, IV, and V. Category I offenses are Levels 0 and 1; Category II offenses are Levels 2 and 3; Category III offenses are Levels 4 and 5; Category IV offenses are Levels 6 and 7; and Category V offenses are Levels 8 and 9.

2. All offenses with a mandatory life sentence are in Category I at Level 0.

3. The crime seriousness level for Criminal Conspiracy (R.S. 14:26) is one level below the crime seriousness level of the completed offense contemplated by the conspiracy, unless the completed offense is Level 9.

4. The crime seriousness level for Attempt (R.S. 14:27) is one level below the crime seriousness level of the completed offense attempted by the offender, unless the completed offense is Level 9.

5. The crime seriousness level for Attempt (R.S. 14:27) or Conspiracy (R.S. 14:26) to commit an offense ranked at Level 9 is also ranked at Level 9.

6. The crime seriousness level for Inciting a Felony (R.S. 14:28) is Level 7 regardless of the level of the incited felony.

7. The crime seriousness level for Accessory after the Fact (R.S. 14:25) is Level 6 regardless of the level of the felony to which the offender is an accessory.

F. For the convenience of the courts, three additional ranking lists are provided which list the offenses by:

1. Louisiana Revised Statute Number;

2. Offense Name, alphabetically; and

3. Crime Family, as designated.

La. Admin. Code tit. 22, § IX-203

Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, Louisiana Sentencing Commission, LR 18:45 (January 1992), repromulgated LR 18:165 (February 1992).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:321-329.