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ACT No. 585
Regular Session, 2010
HOUSE BILL NO. 555
BY REPRESENTATIVE ROSALIND JONES
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
(2) When the misappropriation or taking amounts to a value of three five21
hundred dollars or more, but less than a value of one thousand five hundred dollars,22
the offender shall be imprisoned, with or without hard labor, for not more than two23
five years, or may be fined not more than two thousand dollars, or both.24 ENROLLEDHB NO. 555
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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 one thousand dollars, or both. If the offender3
in such cases has been convicted of theft two or more times previously, upon any4
subsequent conviction he shall be imprisoned, with or without hard labor, for not5
more than two years, or may be fined not more than two thousand dollars, or both.6
* * *7
§67.2. Theft of animals8
* * *9
B.(1) Whoever commits the crime of theft of animals, when the10
misappropriation or taking amounts to a value of one thousand five hundred dollars11
or more, shall be imprisoned, with or without hard labor, for not more than ten years,12
or may be fined not more than three thousand dollars, or both.13
(2) When the misappropriation or taking amounts to a value of three five14
hundred dollars or more, but less than a value of one thousand five hundred dollars,15
the offender shall be imprisoned, with or without hard labor, for not more than two16
five years or may be fined not more than two thousand dollars, or both.17
(3) When the misappropriation or taking amounts to less than a value of18
three five hundred dollars, the offender shall be imprisoned for not more than six19
months or may be fined not more than five hundred dollars, or both. If the offender20
in such a case has been convicted of misdemeanor theft of an animal two or more21
times previously, upon any subsequent conviction he shall be imprisoned, with or22
without hard labor, for not more than two years or may be fined not more than one23
thousand dollars, or both.24
* * *25
§67.5. Theft of crawfish; penalty26
* * *27
B.(1) Whoever commits the crime of theft of crawfish when the28
misappropriation or taking amounts to a value of one thousand five hundred dollars29 ENROLLEDHB NO. 555
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or more shall be imprisoned, with or without hard labor, for not more than ten years1
or may be fined not more than three thousand dollars, or both.2
(2) When the misappropriation or taking amounts to a value of three five3
hundred dollars or more, but less than a value of one thousand five hundred dollars,4
the offender shall be imprisoned, with or without hard labor, for not more than two5
five years or may be fined not more than two thousand dollars, or both.6
(3) When the misappropriation or taking amounts to less than a value of7
three five hundred dollars, the offender shall be imprisoned for not more than six8
months or may be fined not more than five hundred dollars, or both. If the offender9
in such cases has been convicted of theft of crawfish one or more times previously,10
upon any subsequent conviction he shall be imprisoned, with or without hard labor,11
for not more than ten years or may be fined not more than three thousand dollars, or12
both.13
* * *14
§67.10. Theft of goods15
* * *16
B.(1) Whoever commits the crime of theft of goods when the17
misappropriation or taking amounts to a value of one thousand five hundred dollars18
or more shall be imprisoned, with or without hard labor, for not more than ten years19
or may be fined not more than three thousand dollars, or both.20
(2) When the misappropriation or taking amounts to a value of three five21
hundred dollars or more, but less than a value of one thousand five hundred dollars,22
the offender shall be imprisoned, with or without hard labor, for not more than two23
five years or may be fined not more than two thousand dollars, or both.24
(3) When the misappropriation or taking amounts to less than a value of25
three five hundred dollars, the offender shall be imprisoned for not more than six26
months or may be fined not more than five hundred dollars, or both. If the offender27
in such cases has been convicted of theft or theft of goods two or more times28
previously, upon any subsequent conviction he shall be imprisoned, with or without29 ENROLLEDHB NO. 555
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hard labor, for not more than two years or may be fined not more than one thousand1
dollars, or both.2
* * *3
§67.13. Theft of an alligator4
* * *5
B.(1) Whoever commits the crime of theft of an alligator when the6
misappropration misappropriation or taking amounts to a value of one thousand five7
hundred dollars or more shall be imprisoned, with or without hard labor, for not more8
than ten years, or may be fined not more than three thousand dollars, or both.9
(2) When the misappropriation or taking amounts to a value of three five10
hundred dollars or more, but less than a value of one thousand five hundred dollars,11
the offender shall be imprisoned, with or without hard labor, for not more than two12
five years or may be fined not more than two thousand dollars, or both.13
(3) When the misappropriation or taking amounts to less than a value of14
three five hundred dollars, the offender shall be imprisoned for not more than six15
months or may be fined not more than five hundred dollars, or both. If the offender16
in such cases has been convicted of theft of an alligator two or more times17
previously, upon any subsequent conviction he shall be imprisoned, with or without18
hard labor, for not more than two years or may be fined not more than one thousand19
dollars, or both.20
* * *21
§67.18. Cheating and swindling22
* * *23
B.(1) Whoever violates the provisions of this Section when the value of such24
money or property or combination thereof or reduced or increased wager amounts25
to a value of one thousand five hundred dollars or more shall be imprisoned, with or26
without hard labor, for not more than ten years, or may be fined not more than three27
thousand dollars, or both.28
(2) When the value of such money or property or combination thereof or29
reduced or increased wager amounts to a value of three five hundred dollars or more,30 ENROLLEDHB NO. 555
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but less than a value of one thousand five hundred dollars, the offender shall be1
imprisoned, with or without hard labor, for not more than two five years, or may be2
fined not more than two thousand dollars, or both.3
(3) When the value of such money or property or combination thereof or4
reduced or increased wager amounts to less than a value of three five hundred5
dollars, the offender shall be imprisoned for not more than six months, or may be6
fined not more than five hundred dollars, or both. If the offender in such cases has7
been convicted of cheating and swindling 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
§67.21. Theft of the assets of an aged person or disabled person12
* * *13
C.(1) Whoever commits the crime of theft of the assets of an aged person or14
disabled person when the value of the theft equals one thousand five hundred dollars15
or more may be imprisoned, with or without hard labor, for not more than ten years16
and shall be fined not more than three thousand dollars, or both.17
(2) Whoever commits the crime of theft of the assets of an aged person or18
disabled person when the value of the theft equals three five hundred dollars or more,19
but less than one thousand five hundred dollars may be imprisoned, with or without20
hard labor, for not more than two five years and shall be fined not more than two21
thousand dollars, or both.22
(3) Whoever commits the crime of theft of the assets of an aged person or23
disabled person when the value of the theft equals three five hundred dollars or less24
may be imprisoned for not more than six months and shall be fined not more than25
five hundred dollars, or both.26
* * *27 ENROLLEDHB NO. 555
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§67.23. Theft of a used building component; penalties1
* * *2
C.(1) Whoever commits the crime of theft of a used building component,3
when the theft or taking amounts to a value or replacement value, whichever is4
greater, of one thousand five hundred dollars or more shall be fined not more than5
three thousand dollars, imprisoned with or without hard labor for not more than ten6
years, or both.7
(2) When the theft or taking amounts to a value or replacement value,8
whichever is greater, of three five hundred dollars or more, but less than a value of9
one thousand five hundred dollars, the offender shall be imprisoned, with or without10
hard labor, for not more than two five years, or may be fined not more than two11
thousand dollars, or both.12
(3)(a) When the theft or taking amounts to a value or replacement value,13
whichever is greater, of less than three five hundred dollars, the offender shall be14
imprisoned, for not more than six months, or may be fined not more than five15
hundred dollars, or both.16
(b) In a case provided for in Subparagraph (a) of this Paragraph, if the17
offender has been convicted two or more times previously of a theft or taking which,18
on each previous occasion, amounted to a value or replacement value, whichever is19
greater, of less than three five hundred dollars, he shall be imprisoned, with or20
without hard labor, for not more than two years, or may be fined not more than two21
thousand dollars, or both.22
* * *23
§67.26. Theft of a motor vehicle24
* * *25
C.(1) Whoever commits the crime of theft of a motor vehicle when the26
misappropriation or taking amounts to a sum 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 ENROLLEDHB NO. 555
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(2) Whoever commits the crime of theft of a motor vehicle when the1
misappropriation or taking amounts to a sum of three five hundred dollars or more2
but less than one thousand five hundred dollars shall be imprisoned, with or without3
hard labor, for not more than two five years, or may be fined not more than two4
thousand dollars, or both.5
(3) Whoever commits the crime of theft of a motor vehicle when the6
misappropriation or taking amounts to a sum of less than three five hundred dollars7
shall be imprisoned for not more than six months, or may be fined not more than one8
thousand dollars, or both.9
* * *10
§68.2. Unauthorized use of food stamp coupons, food stamp authorization cards, or11
food stamp access devices12
* * *13
C.(1) Whoever commits the crime of unauthorized use of food stamp14
coupons, food stamp authorization cards, or food stamp access devices when the15
coupons, authorization cards, or access devices amount to a value of one thousand16
five hundred dollars or more shall be imprisoned, with or without hard labor, for not17
more than ten years, or may be fined not more than three thousand dollars, or both.18
(2) When the coupons, authorization cards, or access devices amount to a19
value of three five hundred dollars or more, but less than one thousand five hundred20
dollars, the offender shall be imprisoned, with or without hard labor, for not more21
than two five years or may be fined not more than two thousand dollars, or both.22
(3) When the coupons, authorization cards, or access devices amount to less23
than a value of three five hundred dollars, the offender shall be imprisoned for not24
more than six months or may be fined not more than five hundred dollars, or both.25
* * *26 ENROLLEDHB NO. 555
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§68.7. Receipts and universal product code labels; unlawful acts1
* * *2
B.(1) Except as provided in Paragraphs (3) and (4) of this Subsection,3
whoever violates the provisions of this Section shall be subject to the following4
penalties:5
(a) When the fair market value of the goods which are the subject of the6
falsified retail sales receipts or universal product code labels, as described in7
Subsection A of this Section, equals one thousand five hundred dollars or more,8
imprisonment, with or without hard labor, for not more than ten years, or a fine not9
to exceed three thousand dollars, or both.10
(b) When the fair market value of the goods which are the subject of the11
falsified retail sales receipts or universal product code labels, as described in12
Subsection A of this Section, equals three five hundred dollars or more but less than13
one thousand five hundred dollars, imprisonment, with or without hard labor, for not14
more than two five years or a fine of not more than two thousand dollars, or both.15
(c) When the fair market value of the goods which are the subject of the16
falsified retail sales receipts or universal product code labels, as described in17
Subsection A of this Section, is less than three five hundred dollars, imprisonment18
for not more than six months, or a fine not to exceed five hundred dollars, or both.19
If a person is convicted of violating the provisions of this Section in a manner20
consistent with this Subparagraph two or more times previously, upon any21
subsequent conviction, he shall be imprisoned, with or without hard labor, for not22
more than two years, or may be fined not more than two thousand dollars, or both.23
* * *24
§69. Illegal possession of stolen things25
* * *26
B.(1) Whoever commits the crime of illegal possession of stolen things,27
when the value of the things is one thousand five hundred dollars or more, shall be28
imprisoned, with or without hard labor, for not more than ten years, or may be fined29
not more than three thousand dollars, or both.30 ENROLLEDHB NO. 555
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(2) When the value of the stolen things is three five hundred dollars or more,1
but less than one thousand five hundred dollars, the offender shall be imprisoned,2
with or without hard labor, for not more than two five years, or may be fined not3
more than two thousand dollars, or both.4
(3) When the value of the stolen things is less than three five hundred5
dollars, the offender shall be imprisoned for not more than six months or may be6
fined not more than one thousand dollars, or both. If the offender in such cases has7
been convicted of receiving stolen things or illegal possession of stolen things two8
or more times previously, upon any subsequent conviction, he shall be imprisoned,9
with or without hard labor, for not more than two years or may be fined not more10
than two thousand dollars, or both.11
* * *12
§70.2. Refund or access device application fraud13
* * *14
C.15
* * *16
(2) Whoever commits the crime of access device application fraud when the17
misappropriation or taking amounts to a value of one thousand five hundred dollars18
or more shall be imprisoned, with or without hard labor, for not more than ten years,19
or may be fined not more than three thousand dollars, or both.20
(3) When the misappropriation or taking amounts to a value of three five21
hundred dollars or more, but less than a value of one thousand five hundred dollars,22
the offender shall be imprisoned, with or without hard labor, for not more than two23
five years or may be fined not more than two thousand dollars, or both.24
(4) When the misappropriation or taking amounts to less than a value of25
three five hundred dollars, the offender shall be imprisoned for not more than six26
months or may be fined not more than five hundred dollars, or both. If the offender27
in such cases has been convicted of theft two or more times previously, upon any28 ENROLLEDHB NO. 555
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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 one thousand dollars, or both.2
* * *3
§70.4. Access device fraud4
* * *5
E.(1) A person who commits the crime of access device fraud when the6
misappropriation or taking amounts to a value of one thousand five hundred dollars7
or more shall be imprisoned, with or without hard labor, for not more than ten years,8
or fined not more than five thousand dollars, or both.9
(2) When the misappropriation or taking amounts to a value of at least three10
five hundred dollars, but less than a value of one thousand five hundred dollars, the11
offender shall be imprisoned, with or without hard labor, for not more than three five12
years or fined not more than three thousand dollars, or both.13
(3) When the misappropriation or taking amounts to a value of less than14
three five hundred dollars, the offender shall be imprisoned for not more than six15
months or fined not more than five hundred dollars, or both.16
* * *17
§71. Issuing worthless checks18
* * *19
C. Whoever commits the crime of issuing worthless checks, when the20
amount of the check or checks is one thousand five hundred dollars or more, shall21
be imprisoned, with or without hard labor, for not more than ten years, or may be22
fined not more than three thousand dollars, or both.23
D. When the amount of the check or checks is three five hundred dollars or24
more, but less than one thousand five hundred dollars, the offender shall be25
imprisoned, with or without hard labor, for not more than two five years or may be26
fined not more than two thousand dollars, or both.27
E. When the amount of the check or checks is less than three five hundred28
dollars, the offender shall be imprisoned for not more than six months or may be29
fined not more than five hundred dollars, or both. If the offender in such cases has30 ENROLLEDHB NO. 555
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been convicted of issuing worthless checks two or more times previously, upon any1
subsequent conviction he shall be imprisoned, with or without hard labor, for not2
more than two years or be fined not more than one thousand dollars, or both.3
* * *4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: