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Regular Session, 2010
HOUSE BILL NO. 555
BY REPRESENTATIVE ROSALIND JONES
CRIME/THEFT: Creates a uniform system of gradations for types of theft and certain other
crimes providing for misappropriation without violence
AN ACT1
To amend and reenact R.S. 14:67(B), 67.2(B)(1), (2), and (3), 67.5(B), 67.10(B)(1), (2), and2
(3), 67.13(B), 67.18(B), 67.21(C)(1), (2), and (3), 67.23(C), 67.26(C), 68.2(C),3
68.7(B)(1), 69(B)(1), (2), and (3), 70.2(C)(2), (3), and (4), 70.4(E)(1), (2), and (3),4
and 71(C), (D), and (E), relative to offenses involving misappropriation without5
violence; to provide for a uniform system of gradations based upon the value of the6
goods taken for certain offenses involving theft or misappropriation without7
violence; to provide with respect to criminal penalties for certain offenses; and to8
provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 14:67(B), 67.2(B)(1), (2), and (3), 67.5(B), 67.10(B)(1), (2), and (3),11
67.13(B), 67.18(B), 67.21(C)(1), (2), and (3), 67.23(C), 67.26(C), 68.2(C), 68.7(B)(1),12
69(B)(1), (2), and (3), 70.2(C)(2), (3), and (4), 70.4(E)(1), (2), and (3), and 71(C), (D), and13
(E) are hereby amended and reenacted to read as follows:14
§67. Theft15
* * *16
B.(1) Whoever commits the crime of theft when the misappropriation or17
taking amounts to a value of one thousand five hundred dollars or more shall be18
imprisoned, with or without hard labor, for not more than ten years, or may be fined19
not more than three thousand dollars, or both.20 HLS 10RS-1151 ENGROSSED
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(2) When the misappropriation or taking amounts to a value of three five1
hundred dollars or more, but less than a value of one thousand five hundred dollars,2
the offender shall be imprisoned, with or without hard labor, for not more than two3
five years, or may be fined not more than two thousand dollars, or both.4
(3) When the misappropriation or taking amounts to less than a value of5
three five hundred dollars, the offender shall be imprisoned for not more than six6
months, or may be fined not more than one thousand dollars, or both. If the offender7
in such cases has been convicted of theft two or more times previously, upon any8
subsequent conviction he shall be imprisoned, with or without hard labor, for not9
more than two years, or may be fined not more than two thousand dollars, or both.10
* * *11
§67.2. Theft of animals12
* * *13
B.(1) Whoever commits the crime of theft of animals, when the14
misappropriation or taking amounts to a value of one thousand five hundred dollars15
or more, shall be imprisoned, with or without hard labor, for not more than ten years,16
or may be fined not more than three thousand dollars, or both.17
(2) When the misappropriation or taking amounts to a value of three five18
hundred dollars or more, but less than a value of one thousand five hundred dollars,19
the offender shall be imprisoned, with or without hard labor, for not more than two20
five years or may be fined not more than two thousand dollars, or both.21
(3) When the misappropriation or taking amounts to less than a value of22
three five hundred dollars, the offender shall be imprisoned for not more than six23
months or may be fined not more than five hundred dollars, or both. If the offender24
in such a case has been convicted of misdemeanor theft of an animal two or more25
times previously, upon any subsequent conviction he shall be imprisoned, with or26
without hard labor, for not more than two years or may be fined not more than one27
thousand dollars, or both.28
* * *29 HLS 10RS-1151 ENGROSSED
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§67.5. Theft of crawfish; penalty1
* * *2
B.(1) Whoever commits the crime of theft of crawfish when the3
misappropriation or taking amounts to a value of one thousand five hundred dollars4
or more shall be imprisoned, with or without hard labor, for not more than ten years5
or may be fined not more than three thousand dollars, or both.6
(2) When the misappropriation or taking amounts to a value of three five7
hundred dollars or more, but less than a value of one thousand five hundred dollars,8
the offender shall be imprisoned, with or without hard labor, for not more than two9
five years or may be fined not more than two thousand dollars, or both.10
(3) When the misappropriation or taking amounts to less than a value of11
three five hundred dollars, the offender shall be imprisoned for not more than six12
months or may be fined not more than five hundred dollars, or both. If the offender13
in such cases has been convicted of theft of crawfish one or more times previously,14
upon any subsequent conviction he shall be imprisoned, with or without hard labor,15
for not more than ten years or may be fined not more than three thousand dollars, or16
both.17
* * *18
§67.10. Theft of goods19
* * *20
B.(1) Whoever commits the crime of theft of goods when the21
misappropriation or taking amounts to a value of one thousand five hundred dollars22
or more shall be imprisoned, with or without hard labor, for not more than ten years23
or may be fined not more than three thousand dollars, or both.24
(2) When the misappropriation or taking amounts to a value of three five25
hundred dollars or more, but less than a value of one thousand five hundred dollars,26
the offender shall be imprisoned, with or without hard labor, for not more than two27
five years or may be fined not more than two thousand dollars, or both.28 HLS 10RS-1151 ENGROSSED
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(3) When the misappropriation or taking amounts to less than a value of1
three five hundred dollars, the offender shall be imprisoned for not more than six2
months or may be fined not more than five hundred dollars, or both. If the offender3
in such cases has been convicted of theft or theft of goods two or more times4
previously, upon any subsequent conviction he shall be imprisoned, with or without5
hard labor, for not more than two years or may be fined not more than one thousand6
dollars, or both.7
* * *8
§67.13. Theft of an alligator9
* * *10
B.(1) Whoever commits the crime of theft of an alligator when the11
misappropration misappropriation or taking amounts to a value of one thousand five12
hundred dollars or more shall be imprisoned, with or without hard labor, for not more13
than ten years, or may be fined not more than three thousand dollars, or both.14
(2) When the misappropriation or taking amounts to a value of three five15
hundred dollars or more, but less than a value of one thousand five hundred dollars,16
the offender shall be imprisoned, with or without hard labor, for not more than two17
five years or may be fined not more than two thousand dollars, or both.18
(3) When the misappropriation or taking amounts to less than a value of19
three five hundred dollars, the offender shall be imprisoned for not more than six20
months or may be fined not more than five hundred dollars, or both. If the offender21
in such cases has been convicted of theft of an alligator two or more times22
previously, upon any subsequent conviction he shall be imprisoned, with or without23
hard labor, for not more than two years or may be fined not more than one thousand24
dollars, or both.25
* * *26 HLS 10RS-1151 ENGROSSED
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§67.18. Cheating and swindling1
* * *2
B.(1) Whoever violates the provisions of this Section when the value of such3
money or property or combination thereof or reduced or increased wager amounts4
to a value of one thousand five hundred dollars or more shall be imprisoned, with or5
without hard labor, for not more than ten years, or may be fined not more than three6
thousand dollars, or both.7
(2) When the value of such money or property or combination thereof or8
reduced or increased wager amounts to a value of three five hundred dollars or more,9
but less than a value of one thousand five hundred dollars, the offender shall be10
imprisoned, with or without hard labor, for not more than two five years, or may be11
fined not more than two thousand dollars, or both.12
(3) When the value of such money or property or combination thereof or13
reduced or increased wager amounts to less than a value of three five hundred14
dollars, the offender shall be imprisoned for not more than six months, or may be15
fined not more than five hundred dollars, or both. If the offender in such cases has16
been convicted of cheating and swindling two or more times previously, upon any17
subsequent conviction he shall be imprisoned, with or without hard labor, for not18
more than two years, or may be fined not more than two thousand dollars, or both.19
* * *20
§67.21. Theft of the assets of an aged person or disabled person21
* * *22
C.(1) Whoever commits the crime of theft of the assets of an aged person or23
disabled person when the value of the theft equals one thousand five hundred dollars24
or more may be imprisoned, with or without hard labor, for not more than ten years25
and shall be fined not more than three thousand dollars, or both.26
(2) Whoever commits the crime of theft of the assets of an aged person or27
disabled person when the value of the theft equals three five hundred dollars or more,28
but less than one thousand five hundred dollars may be imprisoned, with or without29 HLS 10RS-1151 ENGROSSED
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hard labor, for not more than two five years and shall be fined not more than two1
thousand dollars, or both.2
(3) Whoever commits the crime of theft of the assets of an aged person or3
disabled person when the value of the theft equals three five hundred dollars or less4
may be imprisoned for not more than six months and shall be fined not more than5
five hundred dollars, or both.6
* * *7
§67.23. Theft of a used building component; penalties8
* * *9
C.(1) Whoever commits the crime of theft of a used building component,10
when the theft or taking amounts to a value or replacement value, whichever is11
greater, of one thousand five hundred dollars or more shall be fined not more than12
three thousand dollars, imprisoned with or without hard labor for not more than ten13
years, or both.14
(2) When the theft or taking amounts to a value or replacement value,15
whichever is greater, of three five hundred dollars or more, but less than a value of16
one thousand five hundred dollars, the offender shall be imprisoned, with or without17
hard labor, for not more than two five years, or may be fined not more than two18
thousand dollars, or both.19
(3)(a) When the theft or taking amounts to a value or replacement value,20
whichever is greater, of less than three five hundred dollars, the offender shall be21
imprisoned, for not more than six months, or may be fined not more than five22
hundred dollars, or both.23
(b) In a case provided for in Subparagraph (a) of this Paragraph, if the24
offender has been convicted two or more times previously of a theft or taking which,25
on each previous occasion, amounted to a value or replacement value, whichever is26
greater, of less than three five hundred dollars, he shall be imprisoned, with or27 HLS 10RS-1151 ENGROSSED
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without hard labor, for not more than two years, or may be fined not more than two1
thousand dollars, or both.2
* * *3
§67.26. Theft of a motor vehicle4
* * *5
C.(1) Whoever commits the crime of theft of a motor vehicle when the6
misappropriation or taking amounts to a sum of one thousand five hundred dollars7
or more shall be imprisoned, with or without hard labor, for not more than ten years,8
or may be fined not more than three thousand dollars, or both.9
(2) Whoever commits the crime of theft of a motor vehicle when the10
misappropriation or taking amounts to a sum of three five hundred dollars or more11
but less than one thousand five hundred dollars shall be imprisoned, with or without12
hard labor, for not more than two five years, or may be fined not more than two13
thousand dollars, or both.14
(3) Whoever commits the crime of theft of a motor vehicle when the15
misappropriation or taking amounts to a sum of less than three five hundred dollars16
shall be imprisoned for not more than six months, or may be fined not more than one17
thousand dollars, or both.18
* * *19
§68.2. Unauthorized use of food stamp coupons, food stamp authorization cards, or20
food stamp access devices21
* * *22
C.(1) Whoever commits the crime of unauthorized use of food stamp23
coupons, food stamp authorization cards, or food stamp access devices when the24
coupons, authorization cards, or access devices amount to a value of one thousand25
five hundred dollars or more shall be imprisoned, with or without hard labor, for not26
more than ten years, or may be fined not more than three thousand dollars, or both.27
(2) When the coupons, authorization cards, or access devices amount to a28
value of three five hundred dollars or more, but less than one thousand five hundred29 HLS 10RS-1151 ENGROSSED
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dollars, the offender shall be imprisoned, with or without hard labor, for not more1
than two five years or may be fined not more than two thousand dollars, or both.2
(3) When the coupons, authorization cards, or access devices amount to less3
than a value of three five hundred dollars, the offender shall be imprisoned for not4
more than six months or may be fined not more than five hundred dollars, or both.5
* * *6
§68.7. Receipts and universal product code labels; unlawful acts7
* * *8
B.(1) Except as provided in Paragraphs (3) and (4) of this Subsection,9
whoever violates the provisions of this Section shall be subject to the following10
penalties:11
(a) When the fair market value of the goods which are the subject of the12
falsified retail sales receipts or universal product code labels, as described in13
Subsection A of this Section, equals one thousand five hundred dollars or more,14
imprisonment, with or without hard labor, for not more than ten years, or a fine not15
to exceed three thousand dollars, or both.16
(b) When the fair market value of the goods which are the subject of the17
falsified retail sales receipts or universal product code labels, as described in18
Subsection A of this Section, equals three five hundred dollars or more but less than19
one thousand five hundred dollars, imprisonment, with or without hard labor, for not20
more than two five years or a fine of not more than two thousand dollars, or both.21
(c) When the fair market value of the goods which are the subject of the22
falsified retail sales receipts or universal product code labels, as described in23
Subsection A of this Section, is less than three five hundred dollars, imprisonment24
for not more than six months, or a fine not to exceed five hundred dollars, or both.25
If a person is convicted of violating the provisions of this Section in a manner26
consistent with this Subparagraph two or more times previously, upon any27 HLS 10RS-1151 ENGROSSED
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subsequent conviction, he shall be imprisoned, with or without hard labor, for not1
more than two years, or may be fined not more than two thousand dollars, or both.2
* * *3
§69. Illegal possession of stolen things4
* * *5
B.(1) Whoever commits the crime of illegal possession of stolen things,6
when the value of the things is one thousand five hundred dollars or more, shall be7
imprisoned, with or without hard labor, for not more than ten years, or may be fined8
not more than three thousand dollars, or both.9
(2) When the value of the stolen things is three five hundred dollars or more,10
but less than one thousand five hundred dollars, the offender shall be imprisoned,11
with or without hard labor, for not more than two five years, or may be fined not12
more than two thousand dollars, or both.13
(3) When the value of the stolen things is less than three five hundred14
dollars, the offender shall be imprisoned for not more than six months or may be15
fined not more than one thousand dollars, or both. If the offender in such cases has16
been convicted of receiving stolen things or illegal possession of stolen things two17
or more times previously, upon any subsequent conviction, he shall be imprisoned,18
with or without hard labor, for not more than two years or may be fined not more19
than two thousand dollars, or both.20
* * *21
§70.2. Refund or access device application fraud22
* * *23
C.24
* * *25
(2) Whoever commits the crime of access device application fraud when the26
misappropriation or taking amounts to a value of one thousand five hundred dollars27
or more shall be imprisoned, with or without hard labor, for not more than ten years,28
or may be fined not more than three thousand dollars, or both.29 HLS 10RS-1151 ENGROSSED
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(3) When the misappropriation or taking amounts to a value of three five1
hundred dollars or more, but less than a value of one thousand five hundred dollars,2
the offender shall be imprisoned, with or without hard labor, for not more than two3
five years or may be fined not more than two thousand dollars, or both.4
(4) When the misappropriation or taking amounts to less than a value of5
three five hundred dollars, the offender shall be imprisoned for not more than six6
months or may be fined not more than five hundred dollars, or both. If the offender7
in such cases has been convicted of theft two or more times previously, upon any8
subsequent conviction he shall be imprisoned, with or without hard labor, for not9
more than two years or may be fined not more than one thousand dollars, or both.10
* * *11
§70.4. Access device fraud12
* * *13
E.(1) A person who commits the crime of access device fraud when the14
misappropriation or taking amounts to a value of one thousand five hundred dollars15
or more shall be imprisoned, with or without hard labor, for not more than ten years,16
or fined not more than five thousand dollars, or both.17
(2) When the misappropriation or taking amounts to a value of at least three18
five hundred dollars, but less than a value of one thousand five hundred dollars, the19
offender shall be imprisoned, with or without hard labor, for not more than three five20
years or fined not more than three thousand dollars, or both.21
(3) When the misappropriation or taking amounts to a value of less than22
three five hundred dollars, the offender shall be imprisoned for not more than six23
months or fined not more than five hundred dollars, or both.24
* * *25
§71. Issuing worthless checks26
* * *27
C. Whoever commits the crime of issuing worthless checks, when the28
amount of the check or checks is one thousand five hundred dollars or more, shall29 HLS 10RS-1151 ENGROSSED
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be imprisoned, with or without hard labor, for not more than ten years, or may be1
fined not more than three thousand dollars, or both.2
D. When the amount of the check or checks is three five hundred dollars or3
more, but less than one thousand five hundred dollars, the offender shall be4
imprisoned, with or without hard labor, for not more than two five years or may be5
fined not more than two thousand dollars, or both.6
E. When the amount of the check or checks is less than three five hundred7
dollars, the offender shall be imprisoned for not more than six months or may be8
fined not more than five hundred dollars, or both. If the offender in such cases has9
been convicted of issuing worthless checks two or more times previously, upon any10
subsequent conviction he shall be imprisoned, with or without hard labor, for not11
more than two years or be fined not more than one thousand dollars, or both.12
* * *13
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)]
Rosalind Jones HB No. 555
Abstract: Creates a uniform system of gradations for types of theft and certain other crimes
providing for misappropriation without violence and provides for penalties based on
those gradations.
Present law defines theft as the misappropriation or taking of any thing of value which
belongs to another, either without the consent of the other to the misappropriation or taking,
or by means of fraudulent conduct, practices, or representations. An intent to deprive the
other permanently of whatever may be the subject of the misappropriation or taking is
essential.
Present law provides for penalties for theft based upon the value of the goods taken and uses
the following scale for those penalties:
(1)The misappropriation or taking amounts to a value of $500 or more.
(2)The misappropriation or taking amounts to a value of $300 or more, but less than a
value of $500.
(3)The misappropriation or taking amounts to less than a value of $300.
Present law provides for the crimes of theft of animals, crawfish, goods, an alligator, used
building components, assets of an aged or disabled person, a motor vehicle, cheating and
swindling, unauthorized use of food stamps, illegal possession of stolen things, unlawful acts HLS 10RS-1151 ENGROSSED
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regarding receipts and universal product code labels, refund or access device application
fraud, access device fraud, and issuing worthless checks.
Present law provides penalties for each of these offenses and uses a gradation of penalties
based upon the value of the goods taken or misappropriated.
Proposed law retains the provisions of present law but adopts the following gradation scale
for each of those crimes:
(1)The misappropriation or taking amounts to a value of $1,500 or more.
(2)The misappropriation or taking amounts to a value of $500 or more, but less than a
value of $1,500.
(3)The misappropriation or taking amounts to less than a value of $500.
(Amends R.S. 14:67(B), 67.2(B)(1), (2), and (3), 67.5(B), 67.10(B)(1), (2), and (3),
67.13(B), 67.18(B), 67.21(C)(1), (2), and (3), 67.23(C), 67.26(C), 68.2(C), 68.7(B)(1),
69(B)(1), (2), and (3), 70.2(C)(2), (3), and (4), 70.4(E)(1), (2), and (3), and 71(C), (D), and
(E))