Baton Rouge City Court Theft Charge

Theft Defense Lawyer

The listed criminal theft charges below are the offenses prosecuted in Baton Rouge City Court. They are all misdemeanor offenses. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.

Sec. 13:67. Misdemeanor theft.

(a)
Theft is the misappropriation or taking of anything of value of less than five hundred dollars ($500.00) 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.
(b)
Whoever commits the crime of misdemeanor theft shall be imprisoned for not more than six (6) months or may be fined not more than five hundred dollars ($500.00), or both.
(City Code 1951, Title 13, § 45.6; Ord. No. 11682, § 3, 3-8-00; Ord. No. 15012, § 1, 10-27-10)
Cross reference— Taking of lake property structures, equipment at City Park Lake and New University Lake, § 3:72; arrest of shoplifters, § 4:202.
State law reference— Similar provisions, R.S. 14:67.


Sec. 13:67.2. Theft of dogs.

(a)
Theft of dogs is the misappropriation or taking of any dog which belongs to another, either without 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.
(b)
Whoever commits the crime of theft of dogs shall, upon the first conviction thereof, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or be imprisoned for not less than three (3) months nor more than six (6) months, or both.
(Ord. No. 8837, § 1, 1-11-89)
State law reference— Similar provisions, R.S. 14:67.2.


Sec. 13:67.3. Unauthorized use of "access card" as theft; definitions.

(a)
(1) Access card shall mean and include any card, plate, paper, book or any other device issued to a person which authorizes such person to obtain credit, money, goods, services, or anything of value, whether contemporaneous or not, by use of any credit or deferred payment plan which issuer or by use of debiting or changing such person's demand deposit savings or time account with issuer or by debiting or charging any other funds such person has on deposit with issuer.
(2)
Revoked access card as used herein shall mean an access card which has been canceled or terminated by the issuer of said access card.
(3)
Person as used herein shall mean and include natural persons, or any organization, or other entity.
(4)
Issuer as used herein shall be the depository and/or creditor issuing the access card, directly or through another entity.
(5)
The aggregate amount or value of credit, money, goods, services or anything else of value obtained shall determine the value of the misappropriation or taking in determining the penalty under R.S. 14:67 when the offender has obtained the credit, money, goods, services or anything else of value from any one (1) issuer or the offender has used an access card, or referred to a nonexistent access card on two (2) or more occasions within any consecutive ninety-day period.
(b)
Whoever, directly or indirectly, by agent or otherwise, with intent to defraud, (1) uses a forged access card, (2) makes reference by number or other description to a nonexistent access card, (3) steals or wrongfully appropriates an access card, or (4) uses an access card belonging to another person without authority of said person; thereby obtaining, whether contemporaneously or not, credit, money, goods, services or anything of value shall be guilty of theft and shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months or both.
(c)
Whoever, directly or indirectly, by agent or otherwise, with intent to defraud, uses a revoked access card, thereby obtaining, whether contemporaneously or not, credit, money, goods, services or anything of value shall be guilty of theft and shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months or both. For purposes of this subsection, it shall be presumptive evidence that a person used a revoked access card with intent to defraud if the person, directly or indirectly, by agent or otherwise, uses the access card after actually receiving oral or written notice that the access card has been canceled or terminated, or if said person, directly or indirectly, by agent or otherwise, uses the access card at a time period more than five (5) days after written notice of the termination or cancellation of said access card has been deposited by registered or certified mail in the United States mail system. Said notice shall be addressed to the person to whom such access card has been issued at the last-known address for such person as shown on the records of the issuer.
(d)
Whoever, directly or indirectly, by agent or otherwise, with the intent to defraud, uses an access card to obtain, whether contemporaneously or not, money, goods, services or anything of value, and the final payment for said items is to be made by debiting or charging said person's demand deposit or savings or time account with issuer, or by debiting or charging any other funds said person has on deposit with the issuer, and there are not sufficient funds on deposit to the credit of said person with the issuer to make payment in full of said items obtained, said person shall have committed the crime of theft. Said person's failure to pay the amount due on said items obtained:
(1)
Within ten (10) days after written notice of said amount due has been deposited by certified or registered mail in the United States mail system addressed to the person to whom such access card has been issued at the last-known address for such person as shown on the records of issuer; or
(2)
Within ten (10) days of delivery or personal tender of said written notice;
shall be presumptive evidence of said person's intent to defraud.
(e)
As used herein and in R.S. 14:67, the access card itself shall be a thing of value, with a value less than one hundred dollars ($100.00).
(f)
In addition to any other fine or penalty imposed under this section, the court may, at its discretion, order, as a part of the sentence, restitution.
(Ord. No. 8946, § 1, 7-12-89)
State law reference— Similar provisions, R.S. 14:67.3.


Sec. 13:67.4. Theft of domesticated fish from fish farm; penalty.

It shall be unlawful for any person, other than the owner thereof, to fish or to take any domesticated fish from any fish farm or private pond, except with the consent of the owner thereof.

Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine or imprisonment or both, based on the value of the domesticated fish unlawfully taken or misappropriated.

When the misappropriation or taking amounts to less than a value of one hundred dollars ($100.00), the offender shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both.

(Ord. No. 8837, § 1, 1-11-89)
State law reference— Similar provisions, R.S. 14:67.4.


Sec. 13:67.5. Theft of crawfish; penalty.

(a)
No person shall knowingly, willfully and intentionally fish or take any commercial crawfish from any crawfish farm, except with the consent of the owner thereof.
(b)
Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine or imprisonment or both.
(c)
When the misappropriation or taking amounts to less than a value of one hundred dollars ($100.00), the offender shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both.
(Ord. No. 8837, § 1, 1-11-89)
State law reference— Similar provisions, R.S. 14:67.5.


Sec. 13:67.6. Theft of utility service; inference of commission of theft; penalties.

(a)
Theft of utility service is the misappropriation, taking, or use of any electricity, gas, water, or telecommunications which belongs to another, is held for sale by another, or is being distributed by another, without consent of the owner, seller, or distributor or by means of fraudulent conduct, practices, or representations. A taking, misappropriation, or use includes the diversion by any means or device of any quantity of electricity, gas, water, or telecommunications, from the wires, cables, pipes, mains, or other means of transmission of such person, or by directly or indirectly preventing a metering device from properly registering the quantity of electricity, gas, water, or telecommunications actually used, consumed, or transmitted.
(b)
The trier of fact may infer that there was a misappropriation, taking, or using without the consent of the owner, seller, or distributor, or that there was fraudulent conduct, practices, or representations when:
(1)
There is on or about any wire, cable, pipe, main, or meter, or the equipment to which said wire, cable, pipe, main, or meter is affixed or attached, any device or any other means resulting in the diversion of electricity, gas, water, or telecommunications, or any device or any other means resulting in the prevention of the proper action or accurate registration of the meter or meters used to measure the quantity of electricity, gas, water, or telecommunications actually used, consumed, or transmitted, or interfering with the proper action or accurate registration of such meter or meters;
(2)
The person charged had custody or control of the room, structure, or place where such device, other means, or such wire, cable, pipe, main, meter, or equipment affixed or attached thereto was located;
(3)
The person charged benefited from the misappropriation of such utility service; or
(4)
The person charged intentionally supplied false information in applying for such utility service.
(c)
On a first conviction, the offender shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months, or both.
(Ord. No. 8455, § 1, 7-8-87; Ord. No. 8837, § 1, 1-11-89; Ord. No. 12118, § 1, 9-26-01)
State law reference— Similar provisions, R.S. 14:67.6.


Sec. 13:67.9. Theft of oil and gas equipment; penalties.

Any person who shall unlawfully take or misappropriate any machinery, drilling mud, welding equipment, pipe, fittings, pumps, or any other oil and gas equipment used in connection with the drilling, production, or maintenance of oil or gas wells, with the intent to deprive the owner or lessee thereof of said items shall; when the misappropriation or taking amounts to less than a value of one hundred dollars ($100.00), be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both.

(Ord. No. 8933, § 2, 6-14-89)
State law reference— Similar provisions, R.S. 14:67.9.


Sec. 13:67.10. Misdemeanor theft of goods.

(a)
Theft of goods is the misappropriation or taking of anything of a value of less than five hundred dollars ($500.00) which is held for sale by a merchant, either without the consent of the merchant to the misappropriation or taking, or by means of fraudulent conduct, practices or representations. An intent to deprive the merchant permanently of whatever may be the subject of the misappropriation or taking is essential and may be inferred when a person:
(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.
(6)
Damages or consumes goods or property so as to render it unmerchantable.
(b)
Whoever commits the crime of misdemeanor theft of goods shall be imprisoned for not more than six (6) months or may be fined not more than five hundred dollars ($500.00), or both.
(Ord. No. 9718, § 1, 9-22-93; Ord. No. 15012, § 2, 10-27-10)
State law reference— Similar provisions, R.S. 14:67.10.
 

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