SLS 16RS-859 ORIGINAL
2016 Regular Session
SENATE BILL NO. 435
BY SENATOR MORRELL
THEFT. Provides relative to the theft of animals. (8/1/16)
1 AN ACT
2 To enact R.S. 14:67.30, relative to the theft of animals; to create the crime of theft of
3 animals; to provide definitions; to provide for penalties; and to provide for related
4 matters.
5 Be it enacted by the Legislature of Louisiana:
6 ยง67.30. Theft of animals
7 A. Theft of animals is the misappropriation, killing, or taking of any
8 animal which belongs to another, either without consent of the other to the
9 misappropriation or taking, or by means of fraudulent conduct, practices, or
10 representations. An intent to deprive the other permanently of the animal or an
11 intent to ransom it for the purpose of extorting money or favor is essential.
12 B.(1) Whoever commits the crime of theft of animals, when the
13 misappropriation or taking amounts to a value of one thousand five hundred
14 dollars or more, shall be imprisoned, with or without hard labor, for not more
15 than ten years, or may be fined not more than three thousand dollars, or both.
16 (2) When the misappropriation or taking amounts to a value of five
17 hundred dollars or more, but less than a value of one thousand five hundred
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SLS 16RS-859 ORIGINAL
1 dollars, the offender shall be imprisoned, with or without hard labor, for not
2 more than five years or may be fined not more than two thousand dollars, or
3 both.
4 (3) When the misappropriation or taking amounts to less than a value of
5 five hundred dollars, the offender shall be imprisoned for not more than six
6 months or may be fined not more than five hundred dollars, or both. If the
7 offender in such a case has been convicted of misdemeanor theft of an animal
8 two or more times previously, upon any subsequent conviction he shall be
9 imprisoned, with or without hard labor, for not more than two years or may be
10 fined not more than one thousand dollars, or both.
11 (4) In addition to the foregoing penalties, a person convicted under this
12 Section who killed an animal may be ordered to make full restitution to the
13 owner of the animal. Restitution shall be in an amount not less than the value
14 of the animal as determined by Subsection C of this Section. If a person ordered
15 to make restitution pursuant to this Section is found to be indigent and
16 therefore unable to make restitution in full at the time of conviction, the court
17 shall order a periodic payment plan consistent with the person's financial
18 ability.
19 C. The value of the animal which was misappropriated, killed, or taken
20 shall be decided by the court, or the jury in a jury trial, based upon the evidence
21 establishing the value beyond a reasonable doubt, including but not limited to
22 the following:
23 (1) The amount of money which was acquired from the sale, use, or other
24 disposal of the animal.
25 (2) Expert testimony as to the amount of money which may be acquired
26 from the sale, use, or other disposal of the animal.
27 (3) In cases of a pet, testimony by the owner as to the strength of the
28 bond between the owner and the animal and the emotional attachment between
29 the animal and the owner or person with whom the animal is attached.
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SLS 16RS-859 ORIGINAL
1 D. The provisions of Subsection C of this Section do not apply when the
2 state proves beyond a reasonable doubt that the animal is a dog and a pet, and
3 the theft of such animal shall be punishable as provided in Paragraph B(1) of
4 this Section.
5 E. For the purposes of this Section, "animal" means any non-human
6 living creature except for livestock as defined in R.S. 14:67.1.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
SB 435 Original 2016 Regular Session Morrell
Proposed law provides that theft of animals is the misappropriation, killing, or taking of any
animal which belongs to another, either without 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 the animal or an intent to ransom it for the purpose of
extorting money or favor is essential.
Proposed law provides that whoever commits the crime of theft of animals, when the
misappropriation or taking amounts to a value of $1,500 or more, will be imprisoned, with
or without hard labor, for not more than 10 years, or may be fined not more than $3,000, or
both.
Proposed law provides that when the misappropriation or taking amounts to a value of
$5,000 or more, but less than a value of $1,500, the offender will be imprisoned, with or
without hard labor, for not more than five years or may be fined not more than $2,000 or
both.
Proposed law provides that when the misappropriation or taking amounts to less than a value
of $500, the offender will be imprisoned for not more than six months or may be fined not
more than $500, or both. If the offender in such a case has been convicted of misdemeanor
theft of an animal two or more times previously, upon any subsequent conviction he will be
imprisoned, with or without hard labor, for not more than two years or may be fined not
more than $1,000, or both.
Proposed law provides that in addition to the foregoing penalties, a person convicted under
proposed law who killed an animal may be ordered to make full restitution to the owner of
the animal. Restitution will be in an amount not less than the value of the animal as
determined by proposed law. If a person ordered to make restitution pursuant to proposed
law is found to be indigent and therefore unable to make restitution in full at the time of
conviction, the court will order a periodic payment plan consistent with the person's financial
ability.
Proposed law provides that the value of the animal which was misappropriated, killed, or
taken will be decided by the court, or the jury in a jury trial, based upon the evidence
establishing the value beyond a reasonable doubt, including but not limited to the following:
(1)The amount of money which was acquired from the sale, use, or other disposal of the
animal.
(2)Expert testimony as to the amount of money which may be acquired from the sale,
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SLS 16RS-859 ORIGINAL
use, or other disposal of the animal.
(3)In cases of a pet, testimony by the owner as to the strength of the bond between the
owner and the animal and the emotional attachment between the animal and the
owner or person with whom the animal is attached.
Proposed law provides that the provisions of proposed law do not apply when the state
proves beyond a reasonable doubt that the animal is a dog and a pet, and the theft of such
animal will be punishable as provided in proposed law.
Proposed law provides that "animal" means any non-human living creature except for
livestock as defined in present law.
Effective August 1, 2016.
(Adds R.S. 14:67.30)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.