14:71 C.(3)Issuing worthless checks - penalty when amount is $1,000 or more but less than $5,000
When the amount of the check or checks is more than one thousand dollars, but less than 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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14:71 C.(4)Issuing worthless checks - penalty when amount is less than $1,000 - first offense misdemeanor penalty
When the amount of the check or checks is less than one thousand dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he 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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14:71 C.(4).Issuing worthless checks - penalty when amount is less than $1,000 - second or subsequent offense felony penalty
When the amount of the check or checks is less than one thousand dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he 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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14:71 D.Issuing worthless checks - amount over 180 days are aggregated to determine grade of offense
When the offender has issued more than one worthless check within a one hundred eighty-day period, the amount of several or all worthless checks issued during that one hundred eighty-day period may be aggregated to determine the grade of the offense.
Effective: 08/01/2017 - Present
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14:71 E.Issuing worthless checks - court shall issue a $15/check service charge plus restitution of amount of the check
In addition to any other fine or penalty imposed under this Section, the court shall order as part of the sentence restitution in the amount of the check or checks, plus a fifteen dollar per check service charge payable to the person or entity that initially honored the worthless check or checks, an authorized collection agency, or justice of the peace. In the event the fifteen dollar per check service charge is paid to a person or entity other than one who initially honored the worthless check or checks, the court shall also order as part of the sentence restitution equal to the amount that the bank or other depository charged the person or entity who initially honored the worthless check, plus the actual cost of notifying the offender
Effective: 08/01/2017 - Present
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14:71 F.Issuing worthless checks - prosecution may enter the check, draft or ordern which has not been honored as evidence
In any prosecution for a violation of this Section, the prosecution may enter as evidence of a violation of this Section any check, draft, or order for the payment of money upon any bank or other depository which the bank or other depository has refused to honor because the person who issued the check, draft, or order did not have sufficient credit with the bank or other depository for the payment of that check, draft, or order in full upon its presentation.
Effective: 08/01/2017 - Present
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14:71 G.Issuing worthless checks - prosecution may enter a copy of the check, draft or order
In addition to the provisions of Subsection F of this Section, in any prosecution for a violation of this Section, the prosecution may enter as evidence of a violation of this Section any tangible copy, facsimile, or other reproduction of the check, draft, or order, or any electronic reproduction of the check, draft, or order, or any other form of the record.
Effective: 08/01/2017 - Present
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14:71.1 A.(1)Bank fraud - executing or attempting to execute a scheme to defraud a financial institution - charging, definition and penalty
Whoever knowingly executes, or attempts to execute, a scheme or artifice to defraud a financial institution shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than one hundred thousand dollars, or both.
Effective: 09/01/1992 - Present
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14:71.1 A.(2)Bank fraud - executing or attempting to execute a scheme to obtain money of a financial institution via fraud - charging, definition and penalty
Whoever knowingly executes, or attempts to execute, a scheme or artifice to obtain any of the monies, funds, credits, assets, securities, or other property owned by or under the custody or control of a financial institution by means of false or fraudulent pretenses, practices, transactions, representations, or promises shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than one hundred thousand dollars, or both.
Effective: 09/01/1992 - Present
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14:71.1 B.Bank fraud - additionally a person shall be ordered to make restitution
In addition to the penalties provided in Subsection A of this Section, a person convicted under the provisions of this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
Effective: 08/15/2008 - Present
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14:71.1 C.Bank fraud - definition of financial institution
As used in this Section, the term 'financial institution' has the same meaning as in R.S. 6:2(8).
Effective: 09/01/1992 - Present
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14:71.2 A.Failure to pay bridge or bridge-causeway toll - charging and definition
Failure to pay bridge or bridge-causeway toll is the intentional driving or towing of a motor vehicle through a toll collection facility without payment of a required toll, where appropriate signs have been erected to notify that it is subject to payment of the tolls beyond such sign.
Effective: 06/27/2003 - Present
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14:71.2 B.Failure to pay bridge or bridge-causeway toll - failure to contest a notice of liability shall be presumptive evidence of the intent to defraud
B. Failure by the registered owner of any vehicle to contest a notice of liability or pay the toll and administrative fees provided by R.S. 47:820.5.1, upon notice from the public entity which owns and administers the bridge-causeway, and to pay the demand for payment served by the public entity which owns and administers the bridge-causeway within thirty days after the demand for payment has been deposited, by certified mail, in the United States mail system addressed to the registered owner of the vehicle as shown by the records of the Louisiana Department of Public Safety and Corrections, office of motor vehicles, shall be presumptive evidence of the vehicle owner's intent to defraud.
Effective: 06/27/2003 - Present
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14:71.2 C.Failure to pay bridge or bridge-causeway toll - failure to pay tolls and administrative fees upon notice and late charces under 47:820.5.2(G)(1)(c) shall be presumptive evidence of the vehicle owner's intent to defraud
Failure by the registered owner of any vehicle to appeal a violation notice or pay the tolls and administrative fees provided by R.S. 47:820.5.2 upon notice from the public entity which owns and administers the bridge and to pay the tolls, administrative fees, and late charges after the notice given under R.S. 47:820.5.2(G)(1)(c) shall be presumptive evidence of the vehicle owner's intent to defraud.
Effective: 06/27/2003 - Present
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14:71.2 D.Failure to pay bridge or bridge-causeway toll - penalty
Whoever commits the crime of failing to pay bridge or bridge-causeway tolls shall be imprisoned for not more than six months or may be fined not more than one hundred dollars for each violation, or both.
Effective: 06/27/2003 - Present
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14:71.2 E.Failure to pay bridge or bridge-causeway toll - court shall order payment of the toll and administrative cost
n addition to any fine or penalty imposed under this Section, the court shall order payment of the toll and administrative cost provided by R.S. 47:820.5.1 et seq.
Effective: 06/27/2003 - Present
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14:71.3 A.(1)Mortgage fraud - unlawful to knowingly employ a scheme or device with intent to defraud in connection with residential mortgage
It is unlawful for a person, in connection with residential mortgage lending activity, to knowingly employ a device, scheme, or artifice with intent to defraud.
Effective: 06/30/2009 - Present
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14:71.3 A.(2)Mortgage fraud - unlawful to knowingly knowingly make untrue statment of material fact in connection with residential mortgage
It is unlawful for a person, in connection with residential mortgage lending activity, to knowingly make an untrue statement of material fact with intent to defraud..
Effective: 06/30/2009 - Present
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14:71.3 A.(3)Mortgage fraud - unlawful to knowingly knowingly receive proceeds paid as a result of a violation of this section
It is unlawful for a person, in connection with residential mortgage lending activity, to knowingly Rerceive any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with the closing of a residential mortgage loan when the recipient knows that the proceeds or other funds were paid as a result of a violation of this Section.
Effective: 06/30/2009 - Present
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14:71.3 B.(1)Mortgage fraud - penalty
A person who violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than one hundred thousand dollars, or both.
Effective: 06/30/2009 - Present
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14:71.3 B.(2)Mortgage fraud - additionally person shall be ordered to make restitution
(2) In addition to the penalties provided in Paragraph (1) of this Subsection, a person convicted under the provisions of this Section shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
Effective: 06/30/2009 - Present
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14:71.3 C.Mortgage fraud - Definitions of 'residential mortgage lending activity', 'residential mortgage loan' and 'person' for purposes of this Section
Definitions of 'residential mortgage lending activity', 'residential mortgage loan' and 'person' for purposes of this Section
Effective: 06/30/2009 - Present
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14:71.4 A.Homestead Exemption Fraud - charging and definition
It is unlawful for any person to intentionally claim more than one homestead exemption as provided for in Article VII, Section 20 of the Louisiana Constitution.
Effective: 08/01/2016 - Present
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14:71.4 B.Homestead Exemption Fraud - penalty
Any person who intentionally claims more than one homestead exemption shall be fined not more than five hundred dollars, imprisoned for not more than six months, or both.
Effective: 08/01/2016 - Present
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14:71.4 C.Homestead Exemption Fraud - restitution shall be ordered
In addition to the penalties provided in Subsection B of this Section, a person convicted of a violation of this Section shall be ordered to make full restitution to the state or local governmental subdivision which has suffered a financial loss as a result of the offense. If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person's financial ability.
Effective: 08/01/2016 - Present
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