Art. 890.3. Sentencing for crimes of violence
A. Except as provided in Paragraph C of this Article, when a defendant is sentenced
for any offense, or the attempt to commit any offense, defined or enumerated as a crime of
violence in R.S. 14:2(B), the district attorney may make a written recommendation to the
court that the offense should not be designated as a crime of violence only for the following
purposes:
(1) The defendant's eligibility for suspension or deferral of sentence pursuant to
Article 893.
(2) The defendant's eligibility for participation in a drug division probation program
pursuant to R.S. 13:5304.
B. In the absence of a written recommendation by the district attorney as provided
in Paragraph A of this Article, the offense shall be designated as a crime of violence as a
matter of law.
C. The following crimes of violence enumerated in R.S. 14:2(B) shall always be
designated by the court in the minutes as a crime of violence:
(1) Solicitation for murder.
(2) First degree murder.
(3) Second degree murder.
(4) Manslaughter.
(5) Aggravated or first degree rape.
(6) Forcible or second degree rape.
(7) Simple or third degree rape.
(8) Sexual battery.
(9) Second degree sexual battery.
(10) Intentional exposure to AIDS virus.
(11) Aggravated kidnapping.
(12) Second degree kidnapping.
(13) Aggravated arson.
(14) Armed robbery.
(15) Assault by drive-by shooting.
(16) Carjacking.
(17) Terrorism.
(18) Aggravated second degree battery.
(19) Aggravated assault with a firearm.
(20) Armed robbery; use of firearm; additional penalty.
(21) Second degree robbery.
(22) Disarming of a peace officer.
(23) Second degree cruelty to juveniles.
(24) Aggravated crime against nature.
(25) Trafficking of children for sexual purposes.
(26) Human trafficking.
(27) Home invasion.
Acts 2016, No. 509, §1; Acts 2017, No. 196, §1.