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Rs 14:67.25 Organized Retail Theft

§67.25. Organized retail theft

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

(1) "Retail establishment" means any business, whether a sole proprietorship,

corporation, partnership, or otherwise, that holds or stores articles, products, commodities,

items, or components for sale to the public or to other retail establishments.

(2) "Retail property" means any article, product, commodity, item, or component

intended to be sold to the public or to other retail establishments.

(3) "Retail property fence" means any person who knowingly and intentionally

procures, receives, or conceals stolen retail property.

(4) "Stolen retail property" means either:

(a) Retail property or merchandise credit, including but not limited to a gift card, that

has been the subject of a theft or the product of a theft from a retail establishment.

(b) Retail property or merchandise credit, including but not limited to a gift card, that

the offender procuring, receiving, or concealing that property knows or reasonably believes

to be the subject of a theft or the product of a theft.

(5) "Value" means the price of the retail property as stated, posted, or advertised by

the affected retail establishment, including applicable sales taxes.

B. Organized retail theft is the intentional procuring, receiving, or concealing of

stolen retail property with the intent to sell, deliver, or distribute that property.

C. It shall be presumptive evidence that the owner or operator of any retail

establishment has violated Subsection B of 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.

D.(1) 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 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) 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 of five thousand dollars or more,

but less than a value of twenty-five thousand 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.

(3) 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 of one thousand dollars or more

but less than a value of five thousand dollars 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 the offender shall be

imprisoned, with or without hard labor, for not more than two years, or fined not more than

two thousand dollars, or both.

E. Repealed by Acts 2017, No. 281, §3.

Acts 2007, No. 395, §1; Acts 2016, No. 328, §1, eff. June 2, 2016; Acts 2017, No.

281, §§1, 3.

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Local Government
Louisiana
2
1
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
retail
establishment
theft
dollars
thousand
value
concealing
operator
stolen
owner