SLS 25RS-326 ORIGINAL
2025 Regular Session
SENATE BILL NO. 157
BY SENATOR CATHEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Creates the crime of unauthorized use of rental service equipment.
(8/1/25)
1 AN ACT
2 To enact R.S. 14:68.1.1, relative to misappropriation without violence; to create the crime
3 of unauthorized use of rental service equipment; to provide the elements of the
4 offense; to provide definitions; to provide penalties; to provide defenses; to provide
5 relative to civil liability; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:68.1.1 is hereby enacted to read as follows:
8 ยง68.1.1. Unauthorized use of rental service equipment
9 A. As used in this Section:
10 (1) "Equipment" means a movable, other than a vehicle as defined by
11 R.S. 22:1762, passenger aircraft or watercraft provided by a rental service to
12 renters according to the terms of a rental agreement.
13 (2) "Rental agreement" means any written agreement setting forth the
14 terms and conditions governing the use of equipment provided by a rental
15 service for rent or lease.
16 (3) "Rental service" means a person or entity in the business of
17 providing equipment for rent or lease.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 157
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1 (4) "Renter" means any person obtaining the use of equipment from a
2 rental service under the terms of a rental agreement for a period of time not to
3 exceed thirty days.
4 (5) "Return date" means the date expressly stated in a rental agreement
5 by which a renter must return equipment to a rental service in order to avoid
6 any additional charges, fees, or rental payments.
7 (6) "Equipment value" means the replacement cost for the overdue
8 equipment.
9 B. Unauthorized use of rental service equipment is the intentional taking
10 or use of equipment by a renter without tendering payment in accordance with
11 the provisions of a rental agreement or the continued possession or use of
12 equipment beyond the return date without timely providing all additional
13 payments as set forth in the rental agreement.
14 C. Whoever commits the crime of unauthorized use of rental service
15 equipment:
16 (1) When the equipment value is less than one thousand dollars, shall be
17 imprisoned for not more than six months, or fined not more than one thousand
18 dollars, or both.
19 (2) When the equipment value is one thousand dollars or more, but less
20 than a value of five thousand dollars, shall be imprisoned, with or without hard
21 labor, for not more than five years, or fined not more than three thousand
22 dollars, or both.
23 (3) When the equipment value is five thousand dollars or more, but less
24 than a value of twenty-five thousand dollars, shall be imprisoned, with or
25 without hard labor, for not more than ten years, or fined not more than ten
26 thousand dollars, or both.
27 (4) When the equipment value is twenty-five thousand dollars or more,
28 shall be imprisoned at hard labor for not more than twenty years, or fined not
29 more than fifty thousand dollars, or both.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 157
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1 D. In addition to any sentence imposed pursuant to Subsection C of this
2 Section, the court shall order a person convicted of unauthorized use of rental
3 service equipment to pay restitution to the rental service in the amount of one
4 day's rental cost of the equipment for each day after the contractual return date
5 until possession of the equipment is regained by the rental service.
6 E. It shall be a complete defense to prosecution for a violation of this
7 Section if a defendant shows, by a preponderance of the evidence, any of the
8 following:
9 (1) He returned the overdue equipment within seventy-two hours of the
10 return date.
11 (2) He attempted to return the overdue equipment, but was refused by
12 the rental service.
13 (3) It is impossible to return the overdue equipment due to its
14 destruction.
15 (4) He is unable to return the overdue equipment due to it either being
16 stolen or seized by legal action.
17 F. A renter who successfully asserts one of the defenses enumerated in
18 Subsection E of this Section shall not be immune from civil liability for damages
19 related to the failure to return overdue equipment.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 157 Original 2025 Regular Session Cathey
Proposed law creates the crime of unauthorized use of rental service equipment and makes
it a crime for a renter to either:
(1)Intentionally take or use equipment without tendering payment in accordance with
the provisions of a rental agreement.
(2)Continue to possess or use equipment beyond the return date without timely
providing all additional payments as set forth in the rental agreement.
Proposed law provides that a person convicted of unauthorized use of rental service
equipment will be:
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Coding: Words which are struck through are deletions from existing law;
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(1)Imprisoned for not more than six months or fined not more $1,000, or both, when the
equipment is valued less than $1,000.
(2)Imprisoned, with or without hard labor, for not more than five years, or fined not
more than $3,000, or both, when the equipment is valued $1,000 or more, but less
than $5,000.
(3)Imprisoned, with or without hard labor, for not more than 10 years, or fined not more
than $10,000, or both, when the equipment is valued $5,000 or more, but less than
$25,000.
(4)Imprisoned at hard labor for not more than 20 years, or may be fined not more than
$50,000, or both, when the equipment value is $25,000 or more.
(5)Ordered to pay restitution to the rental service in the amount of one day's rental cost
of the equipment for each day after the contractual return date until possession of the
equipment is regained by the rental service.
Proposed law provides definitions relative to proposed law.
Proposed law provides a complete defense to prosecution for a violation of proposed law if
the renter shows by a preponderance of the evidence any of the following:
(1)He returned the overdue equipment within 72 hours of the return date.
(2)He attempted to return the overdue equipment but was refused by the rental service.
(3)It is impossible to return the overdue equipment due to its destruction.
(4)He is unable to return the overdue equipment due to it either being stolen or seized
by legal action.
Proposed law provides that a renter who successfully asserts one of the enumerated
affirmative defenses is not immune from civil liability related to a failure to return rental
service equipment.
Effective August 1, 2025.
(Adds R.S. 14:68.1.1)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.