Organized Retail Theft — Louisiana

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

 

New Orleans Criminal Theft Defense Attorney

Elizabeth B. Carpenter, Esq. —  Criminal Attorney New Orleans 

 

If you have been charged with Theft — you need a good lawyer on your side to fight for your rights!

 

Organized Retail Theft — La RS 14:67.25

Organized retail theft is the intentional procuring, receiving, or concealing of stolen retail property with the intent to sell, deliver, or distribute that property.

It shall be presumptive evidence that the owner or operator of any retail establishment has violated this Section when:

(1)  On more than one occasion within any one-hundred-eighty-day period the offender has intentionally possessed, procured, received, or concealed stolen retail property; and

(2)  The stolen retail property was possessed, procured, received, or concealed from or on behalf of any person who:

(a)  Did not have a proper business license; or

(b)  Did not pay sales or use taxes to the state or the appropriate local government subdivision in the jurisdiction where the possessing, procuring, receiving, or concealing took place for the transfer of the items to the owner or operator of the retail establishment; or

(c)  Accepted a cash payment for the stolen retail property and did not provide the owner or operator of the possessing, procuring, receiving, or concealing retail establishment an invoice for the sale.

 

Penalties

Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value less than five hundred dollars 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.

Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value more than five hundred dollars 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.

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