Theft of a Motor Vehicle — Louisiana

Posted by & filed under Crimes Defined, Criminal Statutes, Property Crimes, Theft.

New Orleans Criminal Defense

 

Elizabeth B. Carpenter, Esq. — Louisiana Motor Vehicle Theft Attorney

 

Theft of a Motor Vehicle — 14:67.26

Theft of a motor vehicle is the intentional performance of any of the following acts:

(1)  The taking of a motor vehicle, which belongs to another, either without the owner’s consent or by means of fraudulent conduct, practices, or representations, with the intention to permanently deprive the owner of the motor vehicle; or

(2)  The taking control of a motor vehicle that is lost or mis-delivered under circumstances which provide a means of inquiry as to the true owner, and the person in control of the motor vehicle does not make reasonable efforts to notify or locate the true owner; or

(3)  The taking control of a motor vehicle when the person knows or should have known that the motor vehicle has been stolen.

 

Falsely Alleging Theft of a Motor Vehicle

A person who alleges that there has been a theft of a motor vehicle shall attest to that fact by signing an affidavit provided by the law enforcement officer or agency which shall indicate that a person who falsely reports a theft of a motor vehicle may be subject to criminal penalties.

Whoever commits the crime of filing a false affidavit to support an alleged theft of a motor vehicle shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than $5,000, or both.

*** If the affidavit is not taken in person by a law enforcement officer or agency, the person who alleges that the theft of a motor vehicle has occurred shall mail or deliver a signed and notarized affidavit to the appropriate law enforcement agency within 7 days.

 

Penalties

Whoever commits the crime of theft of a motor vehicle when the misappropriation or taking amounts to a sum of $1500 or more shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $3,000 thousand dollars, or both.

Whoever commits the crime of theft of a motor vehicle when the misappropriation or taking amounts to a sum of $500 or more but less than $1500 dollars shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $2,000, or both.

Whoever commits the crime of theft of a motor vehicle when the misappropriation or taking amounts to a sum of less than $500 shall be imprisoned for not more than 6 months, or may be fined not more than $1,000, or both.

**  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.

 

Elizabeth B. Carpenter Law Firm

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