14:70.2 A.(2).Refund or access device application fraud - using a false name with the intent to defraud for the purpose of obtaining or attempting to obtain an acccess device - felony charging and definition
No person shall with the intent to defraud use a false or fictitious name or any other identifying information as his own or use the name or any other identifying information of any other person without that person's knowledge and consent for the purpose of obtaining or attempting to obtain an access device.
Effective: 08/30/1986 - Present
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14:70.2 B.Refund or access device application fraud - definition of 'any other identifying information'
For the purposes of this Section, 'any other identifying information' shall include, but not be limited to, an address, telephone number, social security number, account number, or any other information through which the identity of a person may be ascertained. 'Access device' means any card, plate, code, account number, or other means of account access that can be used to obtain anything of value, whether contemporaneously or not.
Effective: 08/30/1986 - Present
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14:70.2 C.(1)Refund or access device application fraud - penalty for refund fraud
Whoever commits the crime of refund fraud shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/01/2017 - Present
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14:70.2 C.(2)Refund or access device application fraud - access device application fraud penalty when value is $25,000 or more
Whoever commits the crime of access device application 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 may be fined not more than fifty thousand dollars, or both.
Effective: 08/01/2017 - Present
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14:70.2 C.(3)Refund or access device application fraud - access device application fraud penalty when value is $5,000 or more but less than $25,000
Whoever commits the crime of access device application fraud 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 may be fined not more than ten thousand dollars, or both.
Effective: 08/01/2017 - Present
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14:70.2 C.(4)Refund or access device application fraud - access device application fraud penalty when value is $1,000 or more but less than $5,000
(4) Whoever commits the crime of access device application fraud 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.
Effective: 08/01/2017 - Present
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14:70.2 C.(5)Refund or access device application fraud - access device application fraud penalty when value is less than $1,000 - first offense misdemeanor
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 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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14:70.2 C.(5).Refund or access device application fraud - access device application fraud penalty when value is less than $1,000 - second or subsequent offense felony penalty
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 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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14:70.2 D.Refund or access device application fraud - aggregate amount shall determine the grade of the 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.
Effective: 08/15/1997 - Present
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14:70.3 A.Fraud in selling agricultural equipment - definition of 'security device'
As used in this Section, the term 'security device' means any legal act which confers an interest in property to secure the payment of an obligation and includes liens, pawns, privileges, mortgages, and chattel mortgages.
Effective: 09/03/1984 - Present
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14:70.3 B.Fraud in selling agricultural equipment - charging and definition
B. The crime of fraud in selling agricultural equipment is the sale of any piece of agricultural equipment which is subject to a security device without informing the purchaser of the existence of the security device that is known to the vendor at the time of the sale.
Effective: 09/03/1984 - Present
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14:70.3 C.Fraud in selling agricultural equipment - affirmative defense
Each person who sells farm equipment which is subject to a security device and who does not inform the purchaser of the existence of the security device shall have an affirmative defense to any prosecution under this Section if he satisfies the obligation secured by the security device within ten days of demand for payment by the purchaser.
Effective: 09/03/1984 - Present
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14:70.3 DFraud in selling agricultural equipment - penalty
Whoever commits the crime of fraud in selling agricultural equipment shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 09/03/1984 - Present
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14:70.4Access device fraud
Access device fraud
Effective: 08/30/1986 - Present
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14:70.4 A.Access device fraud - shall not transfer access device to another person with the intent to defraud - felony charging & definition
No person shall without authorization and with the intent to defraud transfer an access device to another person.
Effective: 08/30/1986 - Present
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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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