14:70.4 BAccess device fraud - shall not possess access device issued to another person with the intent to defraud - felony charging & definition
No person shall without authorization and with the intent to defraud possess an access device issued to another person.
Effective: 08/30/1986 - Present
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14:70.4 B.Access device fraud - shall not possess access device issued to another person with the intent to defraud - misdemeanor charging & definition
No person shall without authorization and with the intent to defraud possess an access device issued to another person.
Effective: 08/30/1986 - Present
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14:70.4 CAccess device fraud - shall not possess, use or transfer device-making equiment or a counterfeit access device - felony charging & definition
No person shall with the intent to defraud use, possess, or transfer device-making equipment or a counterfeit access device.
Effective: 08/30/1986 - Present
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14:70.4 C.Access device fraud - shall not possess, use or transfer device-making equiment or a counterfeit access device - misdemeanor charging & definition
No person shall with the intent to defraud use, possess, or transfer device-making equipment or a counterfeit access device.
Effective: 08/30/1986 - Present
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14:70.4 D.Access device fraud - definitions of 'access device', 'counterfeit access device', 'device-making equipment' and 'transfer'
Definitions of 'access device', 'counterfeit access device', 'device-making equipment' and 'transfer' as used in this Section
Effective: 07/09/1999 - Present
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14:70.4 E.(1)Access device fraud - penalty when value is $25,000 or more
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.
Effective: 08/01/2017 - Present
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14:70.4 E.(2)Access device fraud - penalty when value is $5,000 or more but less than $25,000
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.
Effective: 08/01/2017 - Present
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14:70.4 E.(3)Access device fraud - penalty when value is $1,000 or more but less than $5,000
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.
Effective: 08/01/2017 - Present
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14:70.4 E.(4)Access device fraud - penalty when value is less than $1,000
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.
Effective: 08/01/2017 - Present
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14:70.4 E.(5)Access device fraud - penalty for third or subsequent conviction
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.
Effective: 08/01/2017 - Present
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14:70.4 F.Access device fraud - restitution may be ordered
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.
Effective: 07/09/1999 - Present
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14:70.4 G.Access device fraud - aggregate value shall determine the grade of offense
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.
Effective: 07/09/1999 - Present
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14:70.5 A.(1)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in return for referral of an individual for health care services billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party in return for the referral of an individual to a health care provider for the purpose of providing any good, service, or supply, billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 A.(2)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in return for the purchase, lease or ordering of anything billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party in return for purchasing, leasing, or ordering, or for arranging or recommending for the purchasing, leasing, or ordering, of any good, supply, service, or facility billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 A.(3)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in return for the recruitment of new patients billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party in return for the recruitment of new patients for the purpose of providing any good, supply, service, or facility billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 A.(4)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in to any recipient for goods, services, supplies or facilities funished to the recipient and billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party to any recipient or his representative, for goods, services, supplies, or facilities furnished to the recipient and billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 B.Fraudulent remuneration - normal business practices uner exemption in 46:438.2 not an offense under this Section
Normal business practices which fall within the 'safe harbor' exemptions of R.S. 46:438.2 shall not be construed as an offense under the provisions of this Section.
Effective: 08/15/1999 - Present
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14:70.5 C.Fraudulent remuneration - penalty
Whoever commits the crime of fraudulent remuneration shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than twenty thousand dollars, or both.
Effective: 08/15/1999 - Present
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14:70.6 A.Unlawful distribution, possession, or use of theft alarm deactivation devices - definitions of theft alarm deactivation device and owner as pertaining to this Section
For the purposes of this Section, a theft alarm deactivation device is any device which is designed or intended to remove or deactivate any electronic or magnetic device which is placed on or attached to merchandise and which is intended to cause an alarm to be activated if the merchandise is moved from an authorized to an unauthorized area without either payment for the merchandise having been made or permission having been obtained from the owner of the merchandise for the movement. As used in this Section, the meaning of 'owner' shall include an agent or employee of the owner authorized by the owner.
Effective: 08/15/2001 - Present
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14:70.6 B.Unlawful distribution, possession, or use of theft alarm deactivation devices - unlawful distribution of theft alarm deactivation device charging and definition
Unlawful distribution of theft alarm deactivation devices is the sale, offer for sale, exchange, offer for exchange, donation, or offer for donation of any theft alarm deactivation device with the knowledge or intention that the device will be used to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.
Effective: 08/15/2001 - Present
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14:70.6 C.Unlawful distribution, possession, or use of theft alarm deactivation devices - unlawful possession of theft alarm deactivation device charging and definition
C. Unlawful possession of theft alarm deactivation devices is the possession of any theft alarm deactivation device with the knowledge or intention that the device will be used to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.
Effective: 08/15/2001 - Present
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14:70.6 D.Unlawful distribution, possession, or use of theft alarm deactivation devices - unlawful use of theft alarm deactivation device charging and definition
D. Unlawful use of theft alarm deactivation devices is the use of any theft alarm deactivation device to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.
Effective: 08/15/2001 - Present
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14:70.6 E.Unlawful distribution, possession, or use of theft alarm deactivation devices - penalty
Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/15/2001 - Present
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14:70.7 AUnlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes - felony charging and definition
It shall be unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess fraudulent documents for identification purposes.
Effective: 08/15/2008 - Present
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14:70.7 B.Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes - definitions
Definitions of 'distribute fraudulent documents for identification purposes', 'fraudulent documents for identification purposes', 'personal identification information', and 'produce or manufacture fraudulent documents for identification purposes' for the purpose of this Section.
Effective: 08/15/2008 - Present
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