HLS 21RS-577 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 54
BY REPRESENTATIVE EDMONDS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Creates the crime of adoption deception
1 AN ACT
2To enact R.S. 14:67.5, relative to misappropriation without violence; to create the crime of
3 adoption deception; to provide for elements of the offense; to provide for criminal
4 penalties; to provide for restitution; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:67.5 is hereby enacted to read as follows:
7 ยง67.5. Adoption deception
8 A. Any person who is a birth mother, or who holds herself out to be a birth
9 mother, who is interested in making an adoption plan and who knowingly or
10 intentionally benefits from payment of adoption-related expenses in connection with
11 that adoption plan commits adoption deception if any of the following occur:
12 (1) The person knows or should have known that she is not pregnant at the
13 time the payments were requested or received.
14 (2) The person accepts living expenses assistance from a prospective
15 adoptive parent or adoption entity without disclosing that she is receiving living
16 expenses assistance from another prospective adoptive parent or adoption entity at
17 the same time in an effort to adopt the same child.
18 (3) The person knowingly makes false representations to induce the payment
19 of living expenses and does not intend to make adoptive placement.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-577 ORIGINAL
HB NO. 54
1 B. Any person who commits the crime of adoption deception shall be
2 punished as follows:
3 (1) If the amount received by the person is three hundred dollars or less, the
4 person shall either be fined up to five hundred dollars, imprisoned without hard labor
5 for up to sixty days, or both.
6 (2) If the amount received by the person exceeds three hundred dollars, the
7 person shall either be fined up to five thousand dollars, imprisoned with or without
8 hard labor for not more than five years, or both.
9 C. In addition to the penalties set forth in Subsection B of this Section, the
10 person shall be ordered to pay restitution for any reasonable attorney fees and costs
11 incurred by the adoption entity or the prospective adoptive parent.
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 54 Original 2021 Regular Session Edmonds
Abstract: Creates the crime of adoption deception and provides elements and criminal
penalties for the offense.
Proposed law creates the crime of adoption deception and defines the crime as being
committed by any person who is a birth mother, or who holds herself out to be a birth
mother, who is interested in making an adoption plan and who knowingly or intentionally
benefits from payment of adoption-related expenses in connection with that adoption plan
if any of the following occur:
(1)The person knows or should have known that she is not pregnant at the time the
payments were requested or received.
(2)The person accepts living expenses assistance from a prospective adoptive parent or
adoption entity without disclosing that she is receiving living expenses assistance
from another prospective adoptive parent or adoption entity at the same time in an
effort to adopt the same child.
(3)The person knowingly makes false representations to induce the payment of living
expenses and does not intend to make adoptive placement.
Proposed law provides for the following penalties:
(1)If the amount received by the person is $300 or less, the person shall either be fined
up to $500, imprisoned without hard labor for up to 60 days, or both.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-577 ORIGINAL
HB NO. 54
(2)If the amount received by the person exceeds $300, the person shall either be fined
up to $5,000, imprisoned with or without hard labor for not more than five years, or
both.
Proposed law further provides that the person shall be ordered to pay restitution for any
reasonable attorney fees and costs incurred by the adoption entity or the prospective adoptive
parent.
(Adds R.S. 14:67.5)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.