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Theft

Theft

Louisiana Revised Statute 14:67

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 twenty-five thousand dollars or more shall be imprisoned at hard labor for not more than twenty years, or may be fined not more than fifty thousand dollars, or both.

            (2) When the misappropriation or taking amounts to a value of five thousand dollars or more, but less than a value of twenty-five thousand dollars, the offender 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.

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

            (4) When the misappropriation or taking amounts to less than a value of one thousand 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.

D. In a prosecution under this Section where the property allegedly misappropriated or taken was held for sale by a merchant, an 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.

    Call Rusty Messer & Associates at (225) 963-9638 if you have been charged with a crime and would like to discuss your case with an experienced Louisiana criminal defense attorney.

    We regularly handle criminal charges in the following parishes: Ascension Parish, Assumption Parish, East Baton Rouge Parish, East Feliciana Parish, Iberville Parish, Livingston Parish, Pointe Coupee Parish, St. James Parish, St. Helena Parish, West Baton Rouge Parish, West Feliciana Parish.

    We regularly handle criminal charges in the following cities: Baton Rouge, Clinton, Convent, Denham Springs, Donaldsonville, Gonzales, Greensburg, Livingston, Napoleonville, New Roads, Plaquemine, Port Allen, St. Francisville.

     

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