HLS 12RS-1371 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 899
BY REPRESENTATIVE HUNTER
CRIME/THEFT: Provides with respect to misdemeanor threshold for certain theft offenses
AN ACT1
To amend and reenact R.S. 14:67(B)(2) and (3), 67.2(B)(2) and (3), 67.5(B)(2) and (3),2
67.10(B)(2) and (3), 67.13(B)(2) and (3), 67.18(B)(2) and (3), 67.21(C)(2) and (3),3
67.23(C)(2) and (3)(a), 67.26(C)(2) and (3), 68.2(C)(2) and (3), 68.7(B)(1)(b) and4
(c), 70.2(C)(3) and (4), 70.4(E)(2) and (3), and 71(D) and (E), relative to offenses5
involving misappropriation without violence; to provide with respect to offenses6
involving theft or misappropriation; to increase the value of goods taken to be7
classified as a misdemeanor offense; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:67(B)(2) and (3), 67.2(B)(2) and (3), 67.5(B)(2) and (3),10
67.10(B)(2) and (3), 67.13(B)(2) and (3), 67.18(B)(2) and (3), 67.21(C)(2) and (3),11
67.23(C)(2) and (3)(a), 67.26(C)(2) and (3), 68.2(C)(2) and (3), 68.7(B)(1)(b) and (c),12
70.2(C)(3) and (4), 70.4(E)(2) and (3), and 71(D) and (E) are hereby amended and reenacted13
to read as follows: 14
§67. Theft15
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B.17
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(2) When the misappropriation or taking amounts to a value of five hundred19
one thousand dollars or more, but less than a value of one thousand five hundred20 HLS 12RS-1371 ORIGINAL
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dollars, the offender shall be imprisoned, with or without hard labor, for not more1
than five years, or may be fined not more than two thousand dollars, or both.2
(3) When the misappropriation or taking amounts to less than a value of five3
hundred one thousand dollars, the offender shall be imprisoned for not more than six4
months, or may be fined not more than one thousand dollars, or both. If the offender5
in such cases has been convicted of theft two or more times previously, upon any6
subsequent conviction he shall be imprisoned, with or without hard labor, for not7
more than two years, or may be fined not more than two thousand dollars, or both.8
* * *9
§67.2. Theft of animals10
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B.12
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(2) When the misappropriation or taking amounts to a value of five hundred14
one thousand dollars or more, but less than a value of one thousand five hundred15
dollars, the offender shall be imprisoned, with or without hard labor, for not more16
than 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 of five18
hundred one thousand 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
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B.28
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(2) When the misappropriation or taking amounts to a value of five hundred1
one thousand dollars or more, but less than a value of one thousand five hundred2
dollars, the offender shall be imprisoned, with or without hard labor, for not more3
than 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 of five5
hundred one thousand 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 of crawfish one or more times previously,8
upon any subsequent conviction he shall be imprisoned, with or without hard labor,9
for not more than ten years or may be fined not more than three thousand dollars, or10
both.11
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§67.10. Theft of goods13
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B.15
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(2) When the misappropriation or taking amounts to a value of five hundred17
one thousand dollars or more, but less than a value of one thousand five hundred18
dollars, the offender shall be imprisoned, with or without hard labor, for not more19
than five years or may be fined not more than two thousand dollars, or both.20
(3) When the misappropriation or taking amounts to less than a value five21
hundred one thousand dollars, the offender shall be imprisoned for not more than six22
months or may be fined not more than five hundred dollars, or both. If the offender23
in such cases has been convicted of theft or theft of goods two or more times24
previously, upon any subsequent conviction he shall be imprisoned, with or without25
hard labor, for not more than two years or may be fined not more than one thousand26
dollars, or both.27
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§67.13. Theft of an alligator29 HLS 12RS-1371 ORIGINAL
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B.2
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(2) When the misappropriation or taking amounts to a value of five hundred4
one thousand dollars or more, but less than a value of one thousand five hundred5
dollars, the offender shall be imprisoned, with or without hard labor, for not more6
than five years or may be fined not more than two thousand dollars, or both.7
(3) When the misappropriation or taking amounts to less than a value of five8
hundred one thousand dollars, the offender shall be imprisoned for not more than six9
months or may be fined not more than five hundred dollars, or both. If the offender10
in such cases has been convicted of theft of an alligator two or more times11
previously, upon any subsequent conviction he shall be imprisoned, with or without12
hard labor, for not more than two years or may be fined not more than one thousand13
dollars, or both.14
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§67.18. Cheating and swindling16
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B.18
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(2) When the value of such money or property or combination thereof or20
reduced or increased wager amounts to a value of five hundred one thousand dollars21
or more, but less than a value of one thousand five hundred dollars, the offender shall22
be imprisoned, with or without hard labor, for not more than five years, or may be23
fined not more than two thousand dollars, or both.24
(3) When the value of such money or property or combination thereof or25
reduced or increased wager amounts to less than a value of five hundred one26
thousand dollars, the offender shall be imprisoned for not more than six months, or27
may be fined not more than five hundred dollars, or both. If the offender in such28
cases has been convicted of cheating and swindling two or more times previously,29 HLS 12RS-1371 ORIGINAL
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upon any subsequent conviction he shall be imprisoned, with or without hard labor,1
for not more than two years, or may be fined not more than two thousand dollars, or2
both.3
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§67.21. Theft of the assets of an aged person or disabled person5
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C.7
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(2) Whoever commits the crime of theft of the assets of an aged person or9
disabled person when the value of the theft equals five hundred one thousand dollars10
or more, but less than one thousand five hundred dollars may be imprisoned, with or11
without hard labor, for not more than five years and shall be fined not more than two12
thousand dollars, or both.13
(3) Whoever commits the crime of theft of the assets of an aged person or14
disabled person when the value of the theft equals five hundred one thousand dollars15
or less may be imprisoned for not more than six months and shall be fined not more16
than five hundred dollars, or both.17
* * *18
§67.23. Theft of a used building component; penalties19
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C.21
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(2) When the theft or taking amounts to a value or replacement value,23
whichever is greater, of five hundred one thousand dollars or more, but less than a24
value of one thousand five hundred dollars, the offender shall be imprisoned, with25
or without hard labor, for not more than five years, or may be fined not more than26
two thousand dollars, or both.27
(3)(a) When the theft or taking amounts to a value or replacement value,28
whichever is greater, of less than five hundred one thousand dollars, the offender29 HLS 12RS-1371 ORIGINAL
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shall be imprisoned, for not more than six months, or may be fined not more than1
five hundred dollars, or both.2
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§67.26. Theft of a motor vehicle4
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C.6
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(2) Whoever commits the crime of theft of a motor vehicle when the8
misappropriation or taking amounts to a sum of five hundred one thousand dollars9
or more but less than one thousand five hundred dollars shall be imprisoned, with or10
without hard labor, for not more than five years, or may be fined not more than two11
thousand dollars, or both.12
(3) Whoever commits the crime of theft of a motor vehicle when the13
misappropriation or taking amounts to a sum of less than five hundred one thousand14
dollars shall be imprisoned for not more than six months, or may be fined not more15
than one thousand dollars, or both.16
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§68.2. Unauthorized use of food stamp coupons, food stamp authorization cards, or18
food stamp access devices19
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C.21
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(2) When the coupons, authorization cards, or access devices amount to a23
value of five hundred one thousand dollars or more, but less than one thousand five24
hundred dollars, the offender shall be imprisoned, with or without hard labor, for not25
more than five years or may be fined not more than two thousand dollars, or both.26
(3) When the coupons, authorization cards, or access devices amount to less27
than a value of five hundred one thousand dollars, the offender shall be imprisoned28 HLS 12RS-1371 ORIGINAL
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for not more than six months or may be fined not more than five hundred dollars, or1
both.2
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§68.7. Receipts and universal product code labels; unlawful acts4
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B.(1) Except as provided in Paragraphs (3) and (4) of this Subsection,6
whoever violates the provisions of this Section shall be subject to the following7
penalties:8
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(b) When the fair market value of the goods which are the subject of the10
falsified retail sales receipts or universal product code labels, as described in11
Subsection A of this Section, equals five hundred one thousand dollars or more but12
less than one thousand five hundred dollars, imprisonment, with or without hard13
labor, for not more than five years or a fine of not more than two thousand dollars,14
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 five hundred one thousand dollars,18
imprisonment for not more than six months, or a fine not to exceed five hundred19
dollars, or both. If a person is convicted of violating the provisions of this Section20
in a manner consistent with this Subparagraph two or more times previously, upon21
any subsequent conviction, he shall be imprisoned, with or without hard labor, for22
not more than two years, or may be fined not more than two thousand dollars, or23
both.24
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§70.2. Refund or access device application fraud26
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C.28
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(3) When the misappropriation or taking amounts to a value of five hundred1
one thousand dollars or more, but less than a value of one thousand five hundred2
dollars, the offender shall be imprisoned, with or without hard labor, for not more3
than 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 of five5
hundred one thousand 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
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E.14
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(2) When the misappropriation or taking amounts to a value of at least five16
hundred one thousand dollars, but less than a value of one thousand five hundred17
dollars, the offender shall be imprisoned, with or without hard labor, for not more18
than five years or fined not more than three thousand dollars, or both.19
(3) When the misappropriation or taking amounts to a value of less than five20
hundred one thousand dollars, the offender shall be imprisoned for not more than six21
months or fined not more than five hundred dollars, or both.22
* * *23
§71. Issuing worthless checks24
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D. When the amount of the check or checks is five hundred one thousand26
dollars or more, but less than one thousand five hundred dollars, the offender shall27
be imprisoned, with or without hard labor, for not more than five years or may be28
fined not more than two thousand dollars, or both.29 HLS 12RS-1371 ORIGINAL
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E. When the amount of the check or checks is less than five hundred one1
thousand dollars, the offender shall be imprisoned for not more than six months or2
may be fined not more than five hundred dollars, or both. If the offender in such3
cases has been convicted of issuing worthless checks two or more times previously,4
upon any subsequent conviction he shall be imprisoned, with or without hard labor,5
for not more than two years or be fined not more than one thousand dollars, or both.6
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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)]
Hunter HB No. 899
Abstract: Increases the threshold for misdemeanor crimes involving misappropriation from
the value of the thing taken being less than $500 to the value of the thing taken being
less than $1,000.
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 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
regarding receipts and universal product code labels, refund or access device application
fraud, access device fraud, and issuing worthless checks.
Present law provides for penalties for those offenses 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 $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.
Proposed law changes present law to provide as follows:
(1)The misappropriation or taking amounts to a value of $1,500 or more.
(2)The misappropriation or taking amounts to a value of $1,000 or more, but less than
a value of $1,500.
(3)The misappropriation or taking amounts to less than a value of $1,000. HLS 12RS-1371 ORIGINAL
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Present law provides that misappropriation or taking amounts less than $500 is a
misdemeanor offense.
Proposed law changes this amount from a value of less than $500 to a value of less than
$1,000 for misdemeanor offenses.
(Amends R.S. 14:67(B)(2) and (3), 67.2(B)(2) and (3), 67.5(B)(2) and (3), 67.10(B)(2) and
(3), 67.13(B)(2) and (3), 67.18(B)(2) and (3), 67.21(C)(2) and (3), 67.23(C)(2) and (3)(a),
67.26(C)(2) and (3), 68.2(C)(2) and (3), 68.7(B)(1)(b) and (c), 70.2(C)(3) and (4), 70.4(E)(2)
and (3), and 71(D) and (E))