RS 15:562.1

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RS 15:562.1

§562.1. Definitions

For the purposes of this Chapter, the following shall apply:

(1)"Conviction" means any disposition of charges adverse to the defendant, including a plea of guilty, deferred adjudication, adjudication withheld for the perpetration or attempted perpetration of or conspiracy to commit an offense involving arson. "Conviction" shall not include a decision not to prosecute, a dismissal, or an acquittal, except when the acquittal is due to a finding of not guilty by reason of insanity and the person was committed. However, a dismissal entered after a period of probation, suspension, or deferral of sentence shall be included in the definition of "conviction" for purposes of this Chapter.

(2)"Disposition" means the formal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.

(3)"Offense involving arson" includes the following:

(a)Aggravated arson (R.S. 14:51).

(b)Simple arson (R.S. 14:52).

(c)Simple arson of a religious building (R.S. 14:52.1).

(d)Arson with intent to defraud (R.S. 14:53).

(e)Communicating of false information of planned arson (R.S. 14:54.1).

(f)Manufacture and possession of delayed action incendiary devices (R.S. 14:54.2).

(g)Manufacture and possession of a bomb (R.S. 14:54.3).

(h)Fake explosive device (R.S. 14:54.5).

(i)Injury by arson (R.S. 14:51.1).

(j)Negligent arson (R.S. 14:52.2).

(4)"Residence" means a dwelling where an offender regularly resides, regardless of the number of days or nights spent there. For those offenders who lack a fixed abode or dwelling, "residence" shall include the area or place where the offender habitually lives, including but not limited to a rural area with no address or a shelter.

Acts 2010, No. 796, §1; Acts 2014, No. 140, §1; Acts 2018, No. 576, §2, eff. May 31, 2018.