{
 "citation": "14:67.26",
 "heading": "Theft of a motor vehicle",
 "doc_id": "508448",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=508448",
 "classification": "F",
 "enacted_year": "2008",
 "last_amended_year": "2017",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) Whoever commits the crime of theft of a motor vehicle 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 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 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"
  },
  {
   "subsection": "C(2)",
   "text": "(2) Whoever commits the crime of theft of a motor vehicle 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, 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.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "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"
  },
  {
   "subsection": "C(3)",
   "text": "(3) Whoever commits the crime of theft of a motor vehicle when the misappropriation or taking 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.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "when the misappropriation or taking amounts to a value of one thousand dollars or more but less than a value of five thousand dollars shall be imprisoned"
  },
  {
   "subsection": "C(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 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": "C(4)",
   "text": "If the offender in such cases has been convicted of theft two or more times previously, then upon any subsequent conviction the offender shall be imprisoned for not more than two years, or fined not more than two thousand dollars, or both.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": "If the offender in such cases has been convicted of theft two or more times previously"
  },
  {
   "subsection": "E",
   "text": "Whoever commits the crime of filing a false affidavit to support an alleged theft of a motor vehicle shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars, or both.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:67.26\n\n\u00a767.26. Theft of a motor vehicle\n\nA. Theft of a motor vehicle is the intentional performance of any of the following\nacts:\n\n(1) The taking of a motor vehicle, which belongs to another, either without the\nowner's consent or by means of fraudulent conduct, practices, or representations, with the\nintention to permanently deprive the owner of the motor vehicle; or\n\n(2) The taking control of a motor vehicle that is lost or mis-delivered under\ncircumstances which provide a means of inquiry as to the true owner, and the person in\ncontrol of the motor vehicle does not make reasonable efforts to notify or locate the true\nowner; or\n\n(3) The taking control of a motor vehicle when the person knows or should have\nknown that the motor vehicle has been stolen.\n\nB.(1) A person who alleges that there has been a theft of a motor vehicle shall attest\nto that fact by signing an affidavit provided by the law enforcement officer or agency which\nshall indicate that a person who falsely reports a theft of a motor vehicle may be subject to\ncriminal penalties under Subsection E of this Section.\n\n(2) If the affidavit is not taken in person by a law enforcement officer or agency, the\nperson who alleges that the theft of a motor vehicle has occurred shall mail or deliver a\nsigned and notarized affidavit to the appropriate law enforcement agency within seven days.\n\n(3) The failure to provide an affidavit as required by this Subsection shall not, of\nitself, create any presumption for civil purposes of participation by the insured in the theft\nof the motor vehicle.\n\nC.(1) Whoever commits the crime of theft of a motor vehicle when the\nmisappropriation or taking amounts to a value of twenty-five thousand dollars or more shall\nbe imprisoned at hard labor for not more than twenty years, or may be fined not more than\nfifty thousand dollars, or both.\n\n(2) Whoever commits the crime of theft of a motor vehicle when the\nmisappropriation or taking amounts to a value of five thousand dollars or more, but less than\na value of twenty-five thousand dollars, shall be imprisoned, with or without hard labor, for\nnot more than ten years, or may be fined not more than ten thousand dollars, or both.\n\n(3) Whoever commits the crime of theft of a motor vehicle when the\nmisappropriation or taking amounts to a value of one thousand dollars or more but less than\na value of five thousand dollars shall be imprisoned, with or without hard labor, for not more\nthan 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 fined not more\nthan one thousand dollars, or both. If the offender in such cases has been convicted of theft\ntwo or more times previously, then upon any subsequent conviction the offender shall be\nimprisoned for not more than two years, or fined not more than two thousand dollars, or both.\n\nD. When there has been a misappropriation or taking by a number of distinct acts of\nthe offender, the aggregate of the amount of the misappropriations or takings shall determine\nthe grade of the offense.\n\nE. Whoever commits the crime of filing a false affidavit to support an alleged theft\nof a motor vehicle shall be imprisoned for not more than five years with or without hard\nlabor or shall be fined not more than five thousand dollars, or both.\n\nActs 2008, No. 633, \u00a71; Acts 2010, No. 585, \u00a71; Acts 2014, No. 597, \u00a71, eff. June\n12, 2014; Acts 2017, No. 281, \u00a71."
}