HLS 10RS-2788 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1439
BY REPRESENTATIVE BALDONE
CRIME: Creates the crime of fraudulent auction practices
AN ACT1
To enact R.S. 14:70.8, relative to misappropriation without violence; to create the crime of2
fraudulent auction practices; to provide for penalties; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:70.8 is hereby enacted to read as follows: 6
ยง70.8. Fraudulent auction practices7
A. "Fraudulent auction" practices is the intentional inflation of bid amounts8
at an auction sale through any of the following:9
(1) The use of a person known as a "capper", "booster", or "shill", or any10
other person placing a false bid or offer to buy.11
(2) Making false claims that there is a higher bid or offer to buy.12
B.(1) Whoever commits the crime of fraudulent auction practices when13
property has a value of five hundred dollars or more shall be imprisoned, with or14
without hard labor, for not more than ten years, may be fined not more than three15
thousand dollars, or both.16
(2) When the property has a value of three hundred dollars or more, but less17
than a value of five hundred dollars, the offender shall be imprisoned, with or18
without hard labor, for not more than two years, may be fined not more than two19
thousand dollars, or both.20 HLS 10RS-2788 ORIGINAL
HB NO. 1439
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) When the property has a value of three hundred dollars, the offender shall1
be imprisoned for not more than six months, may be fined not more than one2
thousand dollars, or both. If the offender in such cases has been convicted of theft3
two or more times previously, upon any subsequent conviction he shall be4
imprisoned, with or without hard labor, for not more than two years, may be fined5
not more than two thousand dollars, or both.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Baldone HB No. 1439
Abstract: Creates the crime of fraudulent auction practices.
Proposed law provides that "fraudulent auction" practices is the intentional inflation of bid
amounts at an auction sale through any of the following:
(1)The use of a person known as a "capper", "booster", or "shill", or any other person
placing a false bid or offer to buy.
(2) Making false claims that there is a higher bid or offer to buy.
Proposed law provides penalty provisions which are identical to present law theft penalties.
(Adds R.S. 14:70.8)