Baton Rouge City Court - Unauthorized Use

Misdemeanor Charge Attorney

The listed criminal Unauthorized Use 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. 13:68. Unauthorized use of a movable.

 

(a)

Unauthorized use of a movable is the intentional taking or use of a movable which belongs to another, either without the other's consent, or by means of fraudulent conduct, practices, or representations, but without any intention to deprive the other of the movable permanently. The fact that the movable so taken or used may be classified as an immovable, according to the law pertaining to civil matters, is immaterial.

(b)

Whoever commits the crime of unauthorized use of a movable having a value of one thousand dollars ($1,000.00) or less shall be fined not more than five hundred dollars ($500.00), or imprisoned for not more than six (6) months, or both.

(City Code 1951, Title 13, § 45.7)

State law reference— Similar provisions, R.S. 14:68.


Sec. 13:68.1. Unauthorized use of cable television services and equipment; unlawful connection to cable television systems; unlawful sale or modification of devices for the purpose of receiving or intercepting cable television services.

(a)

It shall be unlawful for any person to:

(1)

Make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise with any part of any cable television system for the purpose of receiving any television signals, radio signals, pictures, programs, sounds or any other information transmitted over any cable television system without payment therefor; or

(2)

Tamper with, remove or injure any cables, wires or other equipment used for the distribution of television signals, radio signals, pictures, programs, sounds or any other information transmitted over any cable television system; or

(3)

Connect, alter, modify, attach, remove or tamper with any equipment or device or television or radio component for the purpose of intercepting or receiving any program or service offered, carried or transmitted by any cable television system; or

(4)

Manufacture, sell, transfer, rent or distribute any electronic equipment, or any kit for making such equipment, designed specifically to decode or descramble any programming or other services carried by a cable television system; or

(5)

In any manner whatsoever, misappropriate use or take any program signal or other services offered or distributed by any cable television system.

(b)

The trier of fact may infer that there has been a misappropriation, use or taking without the consent of the cable television system when:

(1)

There is on or about any cable, wire or any equipment which is affixed to any cable or wire, any device or other means resulting in the ability to divert or receive any program, signal or other service distributed by any cable television system; or

(2)

The person charged owned or possessed, or had custody or control of the room or premises where such device was located and the person charged benefited in any way, directly or indirectly, in the misappropriation or use of any program, signal or other service distributed by any cable television system; or

(3)

The person charged supplied false information in applying for any service offered by any cable television system.

(c)

Whoever violates the provisions of subsection (a)(1), (a)(2), (a)(3) or (a)(5) of this section shall:

(1)

On first offense, be fined not more than two hundred dollars ($200.00) or imprisoned for not more than sixty (60) days, or both.

(2)

On second or subsequent offense, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than one hundred twenty (120) days, or both.

(d)

Whoever violates the provisions of subsection (a)(4) of this section shall:

(1)

On first offense, be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both.

(2)

On second or subsequent offense be fined not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than one hundred eighty (180) days, or both.

(e)

The provisions of this section shall not apply to any cable television companies or systems licensed and franchised in accordance with federal and state law, or multipoint distribution systems licensed in accordance with federal law, or to the authorized use of earth stations to receive satellite communications.

(City Code 1951, Title 13, § 45.6.1; Parish Code 1962, Title 13, § 45; Ord. No. 7103, § 1, 4-13-83; Ord. No. 9233, § 1, 2-13-91)


Sec. 13:68.2. Unauthorized use of discontinued water service.

(a)

It shall be unlawful for any person to make an unauthorized connection or reconnection of water services which have been discontinued in accordance with Ordinance 7853 of the metropolitan council of the parish and city and the regulations adopted pursuant thereto.

(b)

The trier of fact may infer that there has been an unauthorized connection or reconnection of water service when:

(1)

a.
There is on or about any pipe, main or meter, or the equipment to which the pipe, main or meter is affixed or attached, any device or any other means resulting in the diversion of water or any device or any other means resulting in the prevention of the proper action or accurate registration of such meter or meters used to measure the quantity of water actually used, consumed or transmitted, or interfering with the proper action or accurate registration of such meter or meters; or

b.

Water service has been reconnected or turned back on without authority of the director of public works; and

(2)

The person charged has custody or control of the room, structure or place where such device, other means, or pipe, main, meter or equipment affixed or attached thereto was located; and

(3)

The person charged benefited from the unauthorized connection.

(c)

It shall be a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00) or by imprisonment for a term not to exceed thirty (30) days, or both, at the discretion of the court, for any person to violate any provisions of this section. In lieu of a fine or imprisonment herein, the court may order the offender to perform community service work not to exceed thirty-two (32) hours.

(Ord. No. 8008, 11-13-85; Ord. No. 8141, § 1, 4-23-86)


Sec. 13:68.3. Unauthorized removal of shopping carts or baskets.

It shall be a misdemeanor for any person to remove a shopping cart or basket belonging to another from the parking area or grounds of any store without authorization therefor.

Whoever commits the crime of unauthorized removal of shopping carts or baskets from the parking area or grounds of a store shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than six (6) months, or both.

(Ord. No. 8837, § 1, 1-11-89)

State law reference— Similar provisions, R.S. 14:68.1.

 

 

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