2006 Louisiana Laws - RS 14:67.1 — Theft of livestock

§67.1.  Theft of livestock

A.  Any of the following acts shall constitute theft of livestock:

(1)  The misappropriation or taking of livestock belonging to another or proceeds derived from the sale of such livestock or its meat, whether done without the consent of the owner to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations, with the intent to deprive the owner permanently of the livestock, or proceeds derived from the sale of the livestock or its meat.

(2)  Transporting, or causing the transportation of, livestock to a slaughterhouse or a public livestock market as defined in R.S. 3:663, for purposes of selling or keeping the livestock or meat with an intent to deprive the owner permanently of the livestock or meat or proceeds derived from the sale of the livestock or meat.

(3)  Failing or refusing to pay for livestock purchased from an agent, dealer, public livestock market as defined in R.S. 3:663, or owner, or acquired with the consent of the agent, dealer, public livestock market as defined in R.S. 3:663, or owner, within thirty days of the date the livestock was purchased or acquired or the date payment was due, whichever is longer, with the intent to permanently deprive the other of the livestock or the livestock's value.

B.  Either of the following acts shall constitute presumptive evidence of intent to permanently deprive the other of the livestock or meat, or proceeds derived from sale of the livestock or meat:

(1)  Assignment of the livestock in a record book maintained by a slaughterhouse or public livestock market as defined in R.S. 3:663, in a name other than that of owner.

(2)  Failing to pay for the livestock within ten days after notice of a request for payment or return of the livestock or meat has been sent by the agent, dealer, public livestock market as defined in R.S. 3:663, or owner, to the offender's last known address by either registered or certified mail, return receipt requested, or by actual delivery by a commercial courier.

C.  Affirmative defenses shall include but not be limited to a contract establishing longer terms for payment and fraud in regard to the quality of the livestock.

D.  "Livestock" means any animal except dogs and cats, bred, kept, maintained, raised, or used for profit, used in agriculture, aquaculture, or silvaculture, or for other related purposes or used in the production of crops, animals, or plant or animal products for market.  This definition includes but is not limited to cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; goats; sheep; swine; chickens, turkeys, and other poultry; domestic rabbits; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; fish, pet turtles, and other animals identified with aquaculture which are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; any commercial crawfish from any crawfish pond; and any hybrid, mixture, or mutation of any such animal.

E.  The Livestock Brand Commission of the state of Louisiana shall have primary responsibility for the collection of information in such cases and shall aid all police agencies in such investigations.

F.  Whoever commits the crime of theft of livestock shall be fined not more than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years, or both.

G.  Whenever there is a prosecution under this Section as a second or third offense not more than one offense committed prior to the enactment of this Section may be used to establish the second or third offense as the case may be.

Added by Acts 1950, No. 173, §1.  Amended by Acts 1956, No. 154, §1; Acts 1975, No. 611, §1; Acts 1978, No. 222, §1; Acts 1979, No. 184, §1; Acts 1981, No. 165, §1; Acts 2003, No. 115, §1, eff. May 28, 2003.