HLS 18RS-755 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 242
BY REPRESENTATIVES STEFANSKI AND MARINO
CRIME/THEFT: Provides relative to theft of goods from a merchant
1 AN ACT
2To enact R.S. 14:67(D), relative to theft; to provide for elements of the crime of theft; to
3 provide relative to property held for sale by a merchant; and to provide for related
4 matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:67(D) is hereby enacted to read as follows:
7 ยง67. Theft
8 * * *
9 D. In a prosecution under this Section where the property allegedly
10 misappropriated or taken was held for sale by a merchant, an intent to permanently
11 deprive the merchant of the property held for sale may be inferred when the
12 defendant:
13 (1) Intentionally conceals, on his person or otherwise, goods held for sale.
14 (2) Alters or transfers any price marking reflecting the actual retail price of
15 the goods.
16 (3) Transfers goods from one container or package to another or places
17 goods in any container, package, or wrapping in a manner to avoid detection.
18 (4) Willfully causes the cash register or other sales recording device to
19 reflect less than the actual retail price of the goods.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-755 ENGROSSED
HB NO. 242
1 (5) Removes any price marking with the intent to deceive the merchant as
2 to the actual retail price of the goods.
3 (6) Damages or consumes goods or property so as to render it
4 unmerchantable.
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)]
HB 242 Engrossed 2018 Regular Session Stefanski
Abstract: Provides for actions taken by the defendant for which it may be inferred that the
defendant's intent is to permanently deprive the merchant of the property held for
sale.
Present law prohibits the misappropriation or taking of anything of value which belongs to
another, either without consent or by fraudulent conduct, practices, or representations.
Proposed law provides the intent to permanently deprive the merchant of the property held
for sale may be inferred when the defendant:
(1)Intentionally conceals, on his person or otherwise, goods held for sale.
(2)Alters or transfers any price marking reflecting the actual retail price of the goods.
(3)Transfers goods from one container or package to another or places goods in any
container, package, or wrapping in a manner to avoid detection.
(4)Willfully causes the cash register or other sales recording device to reflect less than
the actual retail price of the goods.
(5)Removes any price marking with the intent to deceive the merchant as to the actual
retail price of the goods.
(6)Damages or consumes goods or property so as to render it unmerchantable.
(Adds R.S. 14:67(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add that the intent to permanently deprive the merchant of the property held for
sale may be inferred when the defendant intentionally conceals, on his person or
otherwise, goods held for sale.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.