The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by James Benton.
DIGEST
SB 435 Engrossed 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, 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 nonhuman living creature except for livestock as
defined in present law.
Effective August 1, 2016.
(Adds R.S. 14:67.30)