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Regular Session, 2014
SENATE BILL NO. 329
BY SENATOR GARY SMITH
THEFT. Provides relative to the crime of theft. (8/1/14)
AN ACT1
To amend and reenact R.S. 14:67 and to repeal R.S. 14:67.1, 67.2, 67.5, 67.13, 67.14, 67.17,2
67.23, 67.24, 67.27, and 67.28, relative to crimes of misappropriation without3
violence; to provide for six value-graded categories of theft; to eliminate certain theft4
crimes relative to theft of certain specified property; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:67 is hereby amended and reenacted to read as follows: 8
ยง67. Theft9
A. Theft is the misappropriation or taking of anything of value which that10
belongs to another, either without the consent of the other to the misappropriation11
or taking, or by means of fraudulent conduct, practices, or representations. An intent12
to deprive the other permanently of whatever may be the subject of the13
misappropriation or taking is an essential element of the offense.14
B.(1) Whoever commits the crime of theft when the misappropriation or15
taking amounts to a value of one thousand five hundred dollars or more shall be16
imprisoned, with or without hard labor, for not more than ten years, or may be fined17 SB NO. 329
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not more than three thousand dollars, or both.1
(2) When the misappropriation or taking amounts to a value of five hundred2
dollars or more, but less than a value of one thousand five hundred dollars, the3
offender shall be imprisoned, with or without hard labor, for not more than five4
years, or may be fined not more than two thousand dollars, or both.5
(3) When the misappropriation or taking amounts to less than a value of five6
hundred dollars, the offender shall be imprisoned for not more than six months, or7
may be fined not more than one thousand dollars, or both. If the offender in such8
cases has been convicted of theft two or more times previously, upon any subsequent9
conviction he shall be imprisoned, with or without hard labor, for not more than two10
years, or may be fined not more than two thousand dollars, or both.11
When the misappropriation or taking amounts to less than a value of one12
thousand dollars, the offender shall be imprisoned for not more than six13
months, or fined not more than one thousand dollars, or both. If the offender14
in such case has been convicted of theft two or more times previously, upon any15
subsequent conviction he shall be imprisoned, with or without hard labor, for16
not more than two years, or fined not more than two thousand dollars, or both.17
(2) When the misappropriation or taking amounts to a value of one18
thousand dollars or more, but less than a value of five thousand dollars, the19
offender shall be imprisoned, with or without hard labor, for not more than20
three years, or fined not more than ten thousand dollars, or both.21
(3) When the misappropriation or taking amounts to a value of five22
thousand dollars or more, but less than a value of ten thousand dollars, the23
offender shall be imprisoned, with or without hard labor, for not more than five24
years, or fined not more than fifteen thousand dollars, or both.25
(4) When the misappropriation or taking amounts to a value of ten26
thousand dollars or more, but less than a value of fifty thousand dollars, the27
offender shall be imprisoned, with or without hard labor, for not more than ten28
years, and may be fined not more than twenty-five thousand dollars.29 SB NO. 329
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(5) When the misappropriation or taking amounts to a value of fifty1
thousand dollars or more, but less than a value of one hundred thousand2
dollars, the offender shall be imprisoned, with or without at hard labor, for not3
more than fifteen years, and may be fined not more than fifty thousand dollars.4
(6) When the misappropriation or taking amounts to a value of one5
hundred thousand dollars or more, the offender shall be imprisoned at hard6
labor for not less than two years nor more than twenty-five years, the first two7
years of which shall be without benefit of parole, probation, or suspension of8
sentence, and fined not more than one hundred thousand dollars.9
C. When there has been a misappropriation or taking by a number of distinct10
acts of the offender, the aggregate of the amount of the misappropriations or taking11
takings shall determine the grade of the offense. 12
Section 2. R.S. 14:67.1, 67.2, 67.5, 67.13, 67.14, 67.17, 67.23, 67.24, 67.27, and13
67.28 are hereby repealed in their entirety.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Gary Smith (SB 329)
Present law provides that the crime of theft is the misappropriation or taking of anything of
value belonging to another, either without the consent of the other to the misappropriation
or taking, or by means of fraudulent conduct, practices, or representations. Present law
further provides that an intent to deprive the other permanently of whatever may be the
subject of the misappropriation or taking is an essential element of the crime.
Proposed law retains present law.
Present law provides the following penalties for the crime of theft:
(1)When the value of the taking is $1,500 or more, the offender is to be imprisoned,
with or without hard labor, for up to 10 years, or fined up to $3,000, or both.
(2)When the value of the taking is $500 or more but less than $1,500, the offender is to
be imprisoned, with or without hard labor, for up to five years, or fined up to $2,000,
or both.
(3)When the value of the taking is less than $500, the offender is to be imprisoned for
up to six months, or fined up to $1,000, or both. Present law further provides that
if the offender in such cases has been convicted of theft two or more times
previously, upon any subsequent conviction he is to be imprisoned, with or without
hard labor, for up to two years, or fined up to $2,000, or both. SB NO. 329
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Proposed law changes the value grades of the crime of theft from three to six:
(1)When the value of the taking is less than $1,000, the offender is to be imprisoned for
up to six months, or fined up to $1,000, or both. Proposed law further provides that
if the offender in such case has been convicted of theft two or more times previously,
upon any subsequent conviction he is to be imprisoned, with or without hard labor,
for up to two years, or fined up to $2,000, or both.
(2)When the value of the taking is $1,000 or more but less than $5,000, the offender is
to be imprisoned, with or without hard labor, for up to three years, or fined up to
$10,000, or both.
(3)When the value of the taking is $5,000 or more but less than $10,000, the offender
is to be imprisoned, with or without hard labor, for up to five years, or fined up to
$15,000, or both.
(4)When the value of the taking is $10,000 or more but less than $50,000, the offender
is to be imprisoned, with or without hard labor, for up to 10 years, and may be fined
up to $25,000.
(5)When the value of the taking is $50,000 or more but less than $100,000, the offender
is to be imprisoned, with or without hard labor, for up to 15 years, and may be fined
up to $50,000.
(6)When the value of the taking is $100,000 or more, the offender is to be imprisoned
at hard labor for between two and 25 years, the first two years of which must be
served without benefit of parole, probation, or suspension of sentence, and fined up
to $100,000.
Present law provides that when there has been a misappropriation or taking by a number of
distinct acts of the offender, the aggregate of the amount of the misappropriations or takings
determines the grade of the offense.
Proposed law retains present law.
Present law provides for the following theft crimes:
(1)Theft of livestock
(2)Theft of animals
(3)Theft of crawfish
(4)Theft of an alligator
(5)Fraudulent acquisition of a rental motor vehicle
(6)Theft of motor vehicle fuel
(7)Theft of a used building component
(8)Theft of utility property
(9)Theft of copper from a religious building or cemetery or graveyard
(10)Theft of copper or other metals
Proposed law deletes these specific present law crimes and accompanying penalties, which SB NO. 329
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are based on the type of property that is the subject of the theft, and replaces them with
proposed law based on the value of the property that is the subject of the theft.
Effective August 1, 2014.
(Amends R.S. 14:67; repeals R.S. 14:67.1, 67.2, 67.5, 67.13, 67.14, 67.17, 67.23, 67.24,
67.27, and 67.28)