ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 48
BY REPRESENTATIVE HARRIS AND SENATOR THOMPSON
AN ACT1
To enact R.S. 14:67.28, relative to misappropriation without violence; to create the crime2
of theft of copper or other metals; to provide for a determination of the value of the3
copper or other metals taken; to provide for definitions; to provide for penalties; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:67.28 is hereby enacted to read as follows: 7
ยง67.28. Theft of copper or other metals; determination of value of copper or other8
metals taken9
A. Theft of copper or other metals is the misappropriation or the taking of10
copper or other metals that belong to another, either without the consent of the owner11
or by means of fraudulent conduct, practices, or representations, with the intent to12
permanently deprive the owner of the copper or other metal.13
B. As used in this Section:14
(1) "Copper or other metals" means any copper, copper wire, copper alloy,15
bronze, brass, zinc, aluminum other than in the form of cans, stainless steel, or nickel16
alloys, whether in the form of bars, cable, ingots, rods, tubing, wire, wire scraps,17
clamps, connectors, or railroad track materials.18
(2) "Railroad track materials" shall include steel in the form of railroad19
tracks or in the form of rail, switch components, spikes, angle bars, tie plates, or20
bolts of the type used in constructing railroads, or any combination of such materials.21
C. In determining the appropriate penalty provisions as provided in22
Subsection D of this Section, the court shall calculate the value of the copper or other23
metals misappropriated or taken as the aggregate of the following:24 ENROLLEDHB NO. 48
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are additions.
(1) The fair market value of the copper or other metals.1
(2) The cost of replacement of the copper or other metals.2
(3) The cost of replacing and repairing property that was damaged as a result3
of the theft of copper or other metals.4
D.(1) When the misappropriation or taking amounts to a value of one5
thousand dollars or more, the offender shall be fined not more than five thousand6
dollars, imprisoned, with or without hard labor, for not less than five years and not7
more than ten years, or both.8
(2) When the misappropriation or taking amounts to a value of five hundred9
dollars or more, but less than a value of one thousand dollars, the offender shall be10
fined not more than two thousand dollars, imprisoned, with or without hard labor, for11
not less than two years and not more than five years, or both.12
(3) When the misappropriation or taking amounts to a value of less than five13
hundred dollars, the offender shall be fined not more than one thousand dollars, and14
may be imprisoned for not less than one year and not more than two years, or both.15
(4) Upon a second or subsequent conviction, the offender shall be fined not16
more than five thousand dollars, imprisoned, with or without hard labor, for not more17
than ten years, or both.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: