RS 14:67.21 Theft of the assets of an aged person or disabled person - Louisiana Statutes

§67.21.  Theft of the assets of an aged person or disabled person

A.  As used in this Section the following terms have the following meanings:

(1)  "Aged person" is any person sixty years of age or older.

(2)  "Disabled person" is a person eighteen years of age or older who has a mental, physical, or developmental disability that substantially impairs the person's ability to provide adequately for his own care or protection.

(3)  "Health care" is any expense resulting from medical, personal, residential, or other care provided or assistance received from any home- and community-based service provider, adult foster home, adult congregate living facility, nursing home, or other institution or agency responsible for the care of any aged or disabled person.

B.  Theft of the assets of an aged person or disabled person is any of the following:

(1)  The intentional use, consumption, conversion, management, or appropriation of an aged person's or disabled person's funds, assets, or property without his authorization or consent for the profit, advantage, or benefit of a person other than the aged person or disabled person without his authorization or consent.

(2)  The intentional misuse of an aged or disabled person's power of attorney to use, consume, convert, manage, or appropriate any funds, assets, or property of an aged person or disabled person for the profit, advantage, or benefit of a person other than the aged person or disabled person without his authorization or consent.

(3)  The intentional use, consumption, conversion, management, or appropriation of an aged person's or disabled person's funds, assets, or property through the execution or attempted execution of a fraudulent or deceitful scheme designed to benefit a person other than the aged person or disabled person.

C.(1)  Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals one thousand five hundred dollars or more may be imprisoned, with or without hard labor, for not more than ten years and shall be fined not more than three thousand dollars, or both.

(2)  Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals five hundred dollars or more, but less than one thousand five hundred dollars may be imprisoned, with or without hard labor, for not more than five years and shall be fined not more than two thousand dollars, or both.

(3)  Whoever commits the crime of theft of the assets of an aged person or disabled person when the value of the theft equals five hundred dollars or less may be imprisoned for not more than six months and shall be fined not more than five hundred dollars, or both.

(4)  In any case in which an offender has been previously convicted of theft of the assets of an aged person or disabled person the offender shall be imprisoned, with or without hard labor, for not less than two years, and shall be fined not less than two thousand dollars, or both, regardless of the value of the instant theft.

D.  When there have been a number of distinct acts of theft of the assets of an aged person or disabled person, the aggregate of the values of each act shall determine the grade of the offense.

E.  In addition to all other penalties, a person convicted under 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.

F.  Any charges made under this Section shall be reported as provided in R.S. 15:1504 and 1505.

Acts 2001, No. 1011, §1; Acts 2006, No. 172, §1; Acts 2006, No. 176, §1; Acts 2008, No. 839, §1, eff. July 8, 2008; Acts 2010, No. 585, §1; Acts 2010, No. 861, §6.