{
 "citation": "14:67.25",
 "heading": "Organized retail theft",
 "doc_id": "451833",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=451833",
 "classification": "F",
 "enacted_year": "2017",
 "last_amended_year": "2017",
 "penalties": [
  {
   "subsection": "D(1)",
   "text": "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",
   "los_min": "0",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amou"
  },
  {
   "subsection": "D(2)",
   "text": "(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 ma",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amou"
  },
  {
   "subsection": "D(3)",
   "text": "(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 f",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amou"
  },
  {
   "subsection": "D(4)",
   "text": "(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.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": "When the misappropriation or taking amounts to less than a value of one thousand dollars"
  },
  {
   "subsection": "D(4)",
   "text": "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.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "If the offender in such cases has been convicted of theft two or more times previously"
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:67.25\n\n\u00a767.25. Organized retail theft\n\nA. As used in this Section the following terms have the following meanings:\n\n(1) \"Retail establishment\" means any business, whether a sole proprietorship,\ncorporation, partnership, or otherwise, that holds or stores articles, products, commodities,\nitems, or components for sale to the public or to other retail establishments.\n\n(2) \"Retail property\" means any article, product, commodity, item, or component\nintended to be sold to the public or to other retail establishments.\n\n(3) \"Retail property fence\" means any person who knowingly and intentionally\nprocures, receives, or conceals stolen retail property.\n\n(4) \"Stolen retail property\" means either:\n\n(a) Retail property or merchandise credit, including but not limited to a gift card, that\nhas been the subject of a theft or the product of a theft from a retail establishment.\n\n(b) Retail property or merchandise credit, including but not limited to a gift card, that\nthe offender procuring, receiving, or concealing that property knows or reasonably believes\nto be the subject of a theft or the product of a theft.\n\n(5) \"Value\" means the price of the retail property as stated, posted, or advertised by\nthe affected retail establishment, including applicable sales taxes.\n\nB. Organized retail theft is the intentional procuring, receiving, or concealing of\nstolen retail property with the intent to sell, deliver, or distribute that property.\n\nC. It shall be presumptive evidence that the owner or operator of any retail\nestablishment has violated Subsection B of this Section when:\n\n(1) On more than one occasion within any one-hundred-eighty-day period the\noffender has intentionally possessed, procured, received, or concealed stolen retail property;\nand\n\n(2) The stolen retail property was possessed, procured, received, or concealed from\nor on behalf of any person who:\n\n(a) Did not have a proper business license; or\n\n(b) Did not pay sales or use taxes to the state or the appropriate local government\nsubdivision in the jurisdiction where the possessing, procuring, receiving, or concealing took\nplace for the transfer of the items to the owner or operator of the retail establishment; or\n\n(c) Accepted a cash payment for the stolen retail property and did not provide the\nowner or operator of the possessing, procuring, receiving, or concealing retail establishment\nan invoice for the sale.\n\nD.(1) Whoever commits the crime of organized retail theft when the aggregate\namount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or\nconcealing in any one-hundred-eighty-day period amounts to a value of twenty-five thousand\ndollars or more shall be imprisoned at hard labor for not more than twenty years, or may be\nfined not more than fifty thousand dollars, or both.\n\n(2) Whoever commits the crime of organized retail theft when the aggregate amount\nof the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing\nin any one-hundred-eighty-day period amounts to a value of five thousand dollars or more,\nbut less than a value of twenty-five thousand dollars shall be imprisoned with or without hard\nlabor for not more than ten years, or may be fined not more than ten thousand dollars, or\nboth.\n\n(3) Whoever commits the crime of organized retail theft when the aggregate amount\nof the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing\nin any one-hundred-eighty-day period amounts to a value of one thousand dollars or more\nbut less than a value of five thousand dollars shall be imprisoned, with or without hard labor,\nfor not more than five years, or may be fined not more than three thousand dollars, or both.\n\n(4) When the misappropriation or taking amounts to less than a value of one thousand\ndollars, the offender shall be imprisoned for not more than six months, or may be fined not\nmore than one thousand dollars, or both. If the offender in such cases has been convicted of\ntheft two or more times previously, upon any subsequent conviction the offender shall be\nimprisoned, with or without hard labor, for not more than two years, or fined not more than\ntwo thousand dollars, or both.\n\nE. Repealed by Acts 2017, No. 281, \u00a73.\n\nActs 2007, No. 395, \u00a71; Acts 2016, No. 328, \u00a71, eff. June 2, 2016; Acts 2017, No.\n281, \u00a7\u00a71, 3."
}