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Rs 14:70.4 Access Device Fraud

§70.4. Access device fraud

A. No person shall without authorization and with the intent to defraud transfer an

access device to another person.

B. No person shall without authorization and with the intent to defraud possess an

access device issued to another person.

C. No person shall with the intent to defraud use, possess, or transfer device-making

equipment or a counterfeit access device.

D. As used herein:

(1) "Access device" means a person's social security number, driver's license number,

birth date, mother's maiden name, checking account numbers, savings account numbers,

personal identification numbers, electronic identification numbers, digital signatures, or other

means of account access that can be used to obtain anything of value, whether

contemporaneously or not.

(2) "Counterfeit access device" means an access device that is fictitious, altered, or

forged.

(3) "Device-making equipment" means any instrumentality, mechanism, or

impression designed or primarily used for making an access device or counterfeit access

device.

(4) "Transfer" means sell, give, provide, or transmit.

E.(1) A person who commits the crime of access device fraud 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 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 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 a value of less than one thousand

dollars, the offender shall be imprisoned for not more than six months or fined not more than

five hundred dollars, or both.

(5) Upon a third or subsequent conviction of theft, the offender 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.

F. In addition to any other penalty imposed under this Section, the court shall order

restitution as a part of the sentence. Restitution may include payment for any cost incurred

by the victim, including attorney fees, costs associated in clearing the credit history or credit

ratings of the victim, or costs incurred in connection with any civil or administrative

proceedings to satisfy any debt, lien, or other obligation of the victim arising as a result of

the actions of the defendant.

G. When there has been a misappropriation or taking by a number of distinct acts of

the offender, the aggregate amount of the misappropriation or taking shall determine the

grade of the offense. For purposes of this Subsection, distinctive acts of the offender do not

have to involve the same victim.

Acts 1986, No. 555, §1; Acts 1999, No. 947, §1, eff. July 9, 1999; Acts 2006, No.

143, §1; Acts 2008, No. 495, §1; Acts 2010, No. 585, §1; Acts 2017, No. 281, §1.

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

Keywords
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