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Louisiana Theft Laws
Louisiana Theft Laws

 

SUBPART C.  BY MISAPPROPRIATION WITHOUT VIOLENCE

§67.  Theft

A.  Theft is the misappropriation or taking of anything of value which belongs to another, either without the 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 whatever may be the subject of the misappropriation or taking is essential.

B.(1)  Whoever commits the crime of theft when the misappropriation or taking amounts to a value of five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2)  When the misappropriation or taking amounts to a value of three hundred dollars or more, but less than a value of five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.

(3)  When the misappropriation or taking amounts to less than a value of three hundred dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than one thousand dollars, or both.  If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.

C.  When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense.

§67.10.  Theft of goods

A.  Theft of goods is the misappropriation or taking of anything of value which is held for sale by a merchant, either without the consent of the merchant to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.  An intent to deprive the merchant permanently of whatever may be the subject of the misappropriation or taking is essential and may be inferred when a person:

(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.

B.(1)  Whoever commits the crime of theft of goods when the misappropriation or taking amounts to a value of five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years or may be fined not more than three thousand dollars, or both.

(2)  When the misappropriation or taking amounts to a value of three hundred dollars or more, but less than a value of five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than two thousand dollars, or both.

(3)  When the misappropriation or taking amounts to less than a value of three hundred dollars, the offender shall be imprisoned for not more than six months or may be fined not more than five hundred dollars, or both.  If the offender in such cases has been convicted of theft or theft of goods two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years or may be fined not more than one thousand dollars, or both.

(4)  When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or takings shall determine the grade of the offense.

Art. 481

.  Theft

An indictment for theft may include several counts against the same defendant for distinct acts of theft, and the aggregate amount of the thefts shall determine the grade of the offense charged.  If a defendant misappropriates money or other things of value, which were entrusted to him by virtue of his office, employment, or any fiduciary relationship, he may be charged in one count with theft of the aggregate amount misappropriated by him during the entire time of his holding the office, employment, or fiduciary relationship.

Art. 215.  Detention and arrest of shoplifters

A.(1)  A peace officer, merchant, or a specifically authorized employee or agent of a merchant, may use reasonable force to detain a person for questioning on the merchant's premises, for a length of time, not to exceed sixty minutes, unless it is reasonable under the circumstances that the person be detained longer, when he has reasonable cause to believe that the person has committed a theft of goods held for sale by the merchant, regardless of the actual value of the goods.  The merchant or his employee or agent may also detain such a person for arrest by a peace officer.  The detention shall not constitute an arrest.

(2)  A peace officer may, without a warrant, arrest a person when he has reasonable grounds to believe the person has committed a theft of goods held for sale by a merchant, regardless of the actual value of the goods.  A complaint made to a peace officer by a merchant or a merchant's employee or agent shall constitute reasonable cause for the officer making the arrest.

B.  If a merchant utilizes electronic devices which are designed to detect the unauthorized removal of marked merchandise from the store, and if sufficient notice has been posted to advise the patrons that such a device is being utilized, a signal from the device to the merchant or his employee or agent indicating the removal of specially marked merchandise shall constitute a sufficient basis for reasonable cause to detain the person.

C.  As used in this Article, "reasonable under the circumstances" shall be construed in such a manner so as to include the value of the merchandise in question, the location of the store, the length of time taken for law enforcement personnel to respond, the cooperation of the person detained, and any other relevant circumstances to be considered with respect to the length of time a person is detained.

Art. 482.  Alternative offenses; special joinder rules

A.  An indictment for theft may also contain a count for receiving stolen things, and the defendant may be convicted of either offense.  When two or more persons are jointly indicted for these offenses, any or all of the persons indicted may be found guilty of either of the offenses charged.  The district attorney shall not be required to elect between the two offenses charged.

B.  An indictment for manslaughter may also contain a count for abortion and the jury may convict of either offense.  The district attorney shall not be required to elect between the two offenses charged.

§67.16.  Identity theft

A.  As used in this Section the following terms have the following meanings:

(1)  "Disabled person" is a person eighteen years of age or older who has a mental, physical, or developmental disability that substantially impairs the person's ability to provide adequately for his own care or protection.

(2)  "Personal identifying information" shall include but not be limited to an individual's:

(a)  Social security number.

(b)  Driver's license number.

(c)  Checking account number.

(d)  Savings account number.

(e)  Credit card number.

(f)  Debit card number.

(g)  Electronic identification number.

(h)  Digital signatures.

(i)  Birth certificate.

(j)  Date of birth.

(k)  Mother's maiden name.

(l)  Armed forces identification number.

(m)  Government issued identification number.

(n)  Financial institution account number.

B.  Identity theft is the intentional use or possession or transfer or attempted use with fraudulent intent by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or any thing else of value without the authorization or consent of the other person.

C.(1)(a)  Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of one thousand dollars or more, shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than ten thousand dollars, or both.

(b)  Whoever commits the crime of identity theft when the victim is sixty years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of one thousand dollars or more, shall be imprisoned, with or without hard labor, for not less than three years and for not more than ten years, or may be fined not more than ten thousand dollars, or both.

(c)  Whoever commits the crime of identity theft when the victim is under the age of seventeen when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of one thousand dollars or more, shall be imprisoned, with or without hard labor, for not less than three years and for not more than ten years, or may be fined not more than ten thousand dollars, or both.

(2)(a)  Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of five hundred dollars or more, but less than one thousand dollars, shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than five thousand dollars, or both.

(b)  Whoever commits the crime of identity theft when the victim is sixty years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of five hundred dollars or more, but less than one thousand dollars, shall be imprisoned, with or without hard labor, for not less than two years and not more than five years, or may be fined not more than five thousand dollars, or both.

(c)  Whoever commits the crime of identity theft when the victim is under the age of seventeen when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of five hundred dollars or more, but less than one thousand dollars, shall be imprisoned, with or without hard labor, for not less than two years and not more than five years, or may be fined not more than five thousand dollars, or both.

(3)(a)  Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of three hundred dollars or more, but less than five hundred dollars, shall be imprisoned, with or without hard labor, for not more than three years, or may be fined not more than three thousand dollars, or both.

(b)  Whoever commits the crime of identity theft when the victim is sixty years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of three hundred dollars or more, but less than five hundred dollars, shall be imprisoned, with or without hard labor, for not less than one year and not more than three years, or may be fined not more than three thousand dollars, or both.

(c)  Whoever commits the crime of identity theft when the victim is under the age of seventeen when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of three hundred dollars or more, but less than five hundred dollars, shall be imprisoned, with or without hard labor, for not less than one year and not more than three years, or may be fined not more than three thousand dollars, or both.

(4)(a)  Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value less than three hundred dollars, shall be imprisoned for not more than six months, or may be fined not more than five hundred dollars, or both.  If the offender in such cases has been convicted under this Paragraph two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than three years, or may be fined not more than three thousand dollars, or both.

(b)  Whoever commits the crime of identity theft when the victim is sixty years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than three hundred dollars, shall be imprisoned, with or without hard labor, for not less than six months and not more than one year, or may be fined not more than five hundred dollars, or both.  If the offender in such cases has been convicted under this Paragraph two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not less than one year and not more than three years, or may be fined not more than three thousand dollars, or both.

(c)  Whoever commits the crime of identity theft when the victim is under the age of seventeen when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than three hundred dollars, shall be imprisoned, with or without hard labor, for not less than six months and not more than one year, or may be fined not more than five hundred dollars, or both.  If the offender in such cases has been convicted under this Paragraph two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not less than one year and not more than three years, or may be fined not more than three thousand dollars, or both.

D.  When there has been a theft by a number of distinct acts of the offender, the aggregate of the amount of the theft shall determine the grade of the offense.

E.  In addition to the foregoing penalties, a person convicted under this Section may be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense.  If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.

F.  The provisions of this Section shall not apply to any person who obtains another's driver's license or other form of identification for the sole purpose of misrepresenting his age.

G.(1)  Any person who has learned or reasonably suspects that his personal identifying information has been unlawfully used by another in violation of any provision of this Section may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over the area of his residence.  Any law enforcement agency which is requested to conduct an investigation under the provisions of this Subsection shall take a police report of the matter from the victim, provide the complainant with a copy of such report, and begin an investigation of the facts. If the crime was committed in a different jurisdiction, the agency preparing the report shall refer the matter, with a copy of the report, to the local law enforcement agency having jurisdiction over the area in which the alleged crime was committed for an investigation of the facts.

(2)  Any officer of any law enforcement agency who investigates an alleged violation in compliance with the provisions of this Subsection shall make a written report of the investigation that includes the name of the victim; the name of the suspect, if known; the type of personal identifying information obtained, possessed, transferred, or used in violation of this Section; and the results of the investigation.  At the request of the victim who has requested the investigation, the law enforcement agency shall provide to such victim the report created under the provisions of this Paragraph.  In providing the report, the agency shall eliminate any information that is included in the report other than the information required by this Paragraph.

 

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Disclaimer
Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender Solutions™ shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!

 

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SHOPLIFTING  THEFT STEALING

Shoplifting is not a crime, it is a euphemism for the word stealing or theft, and theft is a crime. I'm not sure why our culture allowed the word "theft" to be different for someone who steals from a store, but the effect has been to minimize its seriousness in the mind of the shoplifter, our society and, interestingly, the police. It would seem logical for someone who is shoplifting to minimize the seriousness of this crime by calling it "shoplifting", but for the police to be swayed to this way of thinking is no less sacrilegious than for an American citizen to allow the euphemism, "casualty of war" to replace the word "death", minimizing the sacrifices of our Veterans.

The same point can be made of the term "petty theft". Doesn't the word "petty" conjure up notions of insignificance, unimportance and irrelevance? It almost appears the police and our society have fallen victim to a very successful propaganda campaign intending to minimize the seriousness of theft from a store by calling it "shoplifting". Actually, if you take time to think about it, whether the item is stolen from a store, your employer, or, has great or small value, it is still stealing. It is also a statement about the shoplifters character.

I don't work for a store or retailer and I do not spend my time trying to show retailers how to better protect themselves from shoplifting with cameras, mirrors, electronic tags, security personnel, etc. I spend my time helping theft offenders think through their actions, attitudes, values and beliefs. Working with most people who steal is not all that difficult. What I have discovered through theft offender counseling is that most theft offenders have relatively transparent thinking errors. For example, if you believed 2 + 3 equals 6 you would have a thinking error. Your thinking error would not readily be identified, (How often do you do math out loud or in front of someone, and, to take it even further, how many people are willing to confront you with your math error?). However, once this thinking error is identified, you would be quick to self correct.

There is also such a thing as a "cultural thinking error." One common cultural thinking error occurs when we minimize the impact of shoplifting by buying into the notion that if someone is "shoplifting", he must be a victim. Common cultural thinking errors are that theft offenders are victims of poverty, poor parenting, hunger, alcohol and drugs, ADHD, peer pressure, etc. The fact is, most people who steal from stores are none of the above and, all people who choose to steal from stores have options to stealing. Oh, kleptomania you say?

People who are shoplifting are not all that different from you and I. Simply stated, the primary differences include, 1) an overdose of selfishness, 2) a stronger than normal attraction to the forbidden, 3) thinking errors you and I don't have, and, most of all, 4) they don't self punish the thought of stealing.