What is the definition of theft in Louisiana?
Theft in Louisiana is defined as 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.
Penalties
When the misappropriation or taking amounts to a value of $25,000.00 or more shall be imprisoned, with or without hard labor, for not more than 20 years, or may be fined not more than $50,000 , or both. This is a Felony.
When the misappropriation or taking amounts to a value of $5000 or more, but less than a value of $25,000.00 , the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $10,000.00 , or both.
When the misappropriation or taking amounts to a value of $1000 or more, but less than a value of $5,000.00 , the offender shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $3,000.00 , or both.
When the misappropriation or taking amounts to less than a value of $1000 dollars, the offender shall be imprisoned for not more than 6 months, or may be fined not more than $1,000.00, or both. If the offender in such cases has been convicted of theft 2 or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than 2 years, or may be fined not more than $2,000.00, or both. Generally, this is a misdemeanor.
** 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.
Shoplifting
When the property allegedly taken was held for sale by a merchant and an intent to permanently deprive the merchant of the property held for sale may be inferred when the defendant does the following:
(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.
Legal Representation
If you are being accused of theft, contact New Orleans criminal defense attorney Elizabeth B. Carpenter. She has the experience that you need by your side.
Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.