14:70.9 A.(5)Government benefits fraud - knowingly conceals or fails to disclose any material fact affecting the applicant's or recipient's initial or continued eligibility to receive benefits or payments.
The crime of government benefits fraud is the act of any person who, with intent to defraud the state or any person or entity through any government benefits administered by any state department, agency, or political subdivision knowingly conceals or fails to disclose any material fact affecting the applicant's or recipient's initial or continued eligibility to receive benefits or payments.
Effective: 08/01/2018 - Present
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14:70.9 B.Government benefits fraud - penalty
Whoever commits the crime of government benefits fraud shall be imprisoned, with or without hard labor, for not more than five years, may be fined not more than ten thousand dollars, or both imprisoned and fined.
Effective: 08/01/2018 - Present
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14:70.9 C.Government benefits fraud - definition of government benefits for the purpose of this Section
For the purpose of this Section, government benefits include any record, voucher, payment, money or thing of value, good, service, right, or privilege provided or administered by a state government entity.
Effective: 08/01/2018 - Present
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14:71 A.(1)(a)Issuing worthless checks - misdemeanor charging & definition
Issuing worthless checks is the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank, or other depository for the payment of such check, draft, or order in full upon its presentation.
Effective: 09/07/1990 - Present
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14:71 A.(1)(a).Issuing worthless checks - felony charging & definition
Issuing worthless checks is the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank, or other depository for the payment of such check, draft, or order in full upon its presentation.
Effective: 09/07/1990 - Present
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14:71 A.(1)(b)Issuing worthless checks - section applies to a check, draft or order for payment tendered for installment contracts
This Section shall apply to a check, draft, or order tendered for satisfaction, in whole or in part, of payments due on installment contracts, open accounts, or any other obligation for which the creditor has authorized periodic payments or the extension of time in which to pay.
Effective: 09/07/1990 - Present
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14:71 A.(1)(c)Issuing worthless checks - section applies to a check, draft or order for payment of money given for a motor vehicle when payment is conditioned upon delivery of documents
(c) This provision shall apply to a check, draft, or order for the payment of money given for a motor vehicle when such payment is conditioned upon delivery of documents necessary for transfer of a valid title to the purchaser.
Effective: 09/07/1990 - Present
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14:71 A.(1)(d)Issuing worthless checks - definition of open accounts for puproses of this section
For purposes of this Section, an open account shall include accounts where checks are tendered as payment in advance of receipt, in whole or in part, for telecommunication facilities or services and for deposits, prepayments, or payments for the lease or rent of a rental motor vehicle, pursuant to a lease or rental agreement.
Effective: 09/06/1991 - Present
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14:71 A.(1)(e)Issuing worthless checks - this section shall apply to check, draft or order tendered for satisfaction of a state tax obligation, definition of 'state tax obligation'
This Section shall apply to a check, draft, or order tendered for satisfaction, in whole or in part, of a state tax obligation. For purposes of this Section, 'state tax obligation' means a state tax, interest, penalty, or fee, or any contract, installment agreement, or other obligation arising out of such obligation.
Effective: 07/01/2001 - Present
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14:71 A.(1)(f)Issuing worthless checks - any check, draft or order tendered for payment of any tax, fee, fine or penalty to the state or political subdivision
(f) For purposes of this Section, any check, draft, or order tendered for payment of any tax, fee, fine, penalty, or other obligation to the state or any of its political subdivisions shall be considered issuing a check, draft, or order in exchange for anything of value.
Effective: 09/07/1990 - Present
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14:71 A.(2)Issuing worthless checks - failure to pay check within 10 days of notice of nonpayment presumptive evidence of intent to defraud
(2) The offender's failure to pay a check, draft, or order, issued for value, within ten days after notice of its nonpayment upon presentation has been deposited by certified mail in the United States mail system addressed to the issuer thereof either at the address shown on the instrument or the last known address for such person shown on the records of the bank upon which such instrument is drawn or within ten days after delivery or personal tender of the written notice to said issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.
Effective: 08/30/1983 - Present
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14:71 BIssuing worthless checks - issuing of any check for payment of state tax obligation upon a closed, nonexistent or fictitious acount - felony charging and definition
B. Issuing worthless checks is also the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money or the issuing of such an instrument for the payment of a state tax obligation, when the offender knows at the time of the issuing that the account designated on the check, draft, or order has been closed, or is nonexistent or fictitious, or is one in which the offender has no interest or on which he has no authority to issue such check, draft, or order.
Effective: 08/30/1983 - Present
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14:71 B.Issuing worthless checks - issuing of any check for payment of state tax obligation upon a closed, nonexistent or fictitious acount - misdemeanor charging and definition
B. Issuing worthless checks is also the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money or the issuing of such an instrument for the payment of a state tax obligation, when the offender knows at the time of the issuing that the account designated on the check, draft, or order has been closed, or is nonexistent or fictitious, or is one in which the offender has no interest or on which he has no authority to issue such check, draft, or order.
Effective: 08/30/1983 - Present
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14:71 C.(1)Issuing worthless checks - penalty when amount is $25,000 or more
Whoever commits the crime of issuing worthless checks, when the amount of the check or checks is 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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14:71 C.(2)Issuing worthless checks - penalty when amount is $5,000 or more but less than $25,000
When the amount of the check or checks is five thousand dollars or more, but less than 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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14:71 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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