LA § 6:9 Justification—Public duty

LA § 6:9 Justification—Public duty

State: Louisiana

Louisiana Criminal Jury Instructions (2017)
§ 6:9 Justification—Public duty

The defendant’s conduct, otherwise criminal, is justified when it is an apparently authorized and reasonable fulfillment of any duties of public office.

A “public office” means any executive, ministerial, administrative, judicial, or legislative office of the State of Louisiana or of any parish, municipality, district, or other political subdivision thereof, or of any agency, board, commission, department, or institution of said state, parish, municipality, district, or other political subdivision.

Thus, although you find that the defendant’s conduct would normally be criminal, if you find:

(1) that the defendant’s conduct was apparently authorized, even though not actually authorized; and
(2) that the defendant’s conduct was a reasonable fulfillment of the duties of a public office held by the defendant; then you must fin the defendant not guilty.

Updated: 7/12/2017

By | 2017-07-12T18:01:45+00:00 August 25th, 2015|Comments Off on LA § 6:9 Justification—Public duty