{
 "citation": "14:70.4",
 "heading": "Access device fraud",
 "doc_id": "78642",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78642",
 "classification": "F",
 "enacted_year": "1986",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "F(1)",
   "text": "F.(1) 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, fined not more than fifty thousand dollars, or both.",
   "los_min": "0",
   "los_max": "20Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": "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"
  },
  {
   "subsection": "F(2)",
   "text": "(2) 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, fined not more than ten thousand dollars, or both.",
   "los_min": "0",
   "los_max": "10Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "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"
  },
  {
   "subsection": "F(3)",
   "text": "(3) 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, fined not more than three thousand dollars, or both.",
   "los_min": "0",
   "los_max": "5Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "When the misappropriation or taking amounts to a value of one thousand dollars or more, but less than a value of five thousand dollars"
  },
  {
   "subsection": "F(4)",
   "text": "(4) 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, fined not more than five hundred dollars, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": "When the misappropriation or taking amounts to a value of less than one thousand dollars"
  },
  {
   "subsection": "F(5)",
   "text": "(5) Upon a third or subsequent conviction of theft, the offender shall be imprisoned with or without hard labor for not more than two years, fined not more than two thousand dollars, or both.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [],
 "text": "RS 14:70.4\n\n\u00a770.4. Access device fraud\n\nA. No person shall without authorization and with the intent to defraud transfer an\naccess device to another person.\n\nB. No person shall without authorization and with the intent to defraud possess an\naccess device issued to another person.\n\nC. No person shall with the intent to defraud use, possess, or transfer device-making\nequipment or a counterfeit access device.\n\nD. No person shall knowingly and with the intent to defraud possess fifteen or more\ncounterfeit or misappropriated access devices.\n\nE. As used in this Section:\n\n(1) \"Access device\" means a person's social security number, driver's license number,\nbirth date, mother's maiden name, checking account numbers, savings account numbers,\npersonal identification numbers, electronic identification numbers, digital signatures, gift\ncard, account information related to a gift card, or other means of account access that can be\nused to obtain anything of value, whether contemporaneously or not.\n\n(2) \"Counterfeit access device\" means an access device that is fictitious, altered, or\nforged.\n\n(3) \"Device-making equipment\" means any instrumentality, mechanism, or\nimpression designed or primarily used for making an access device or counterfeit access\ndevice.\n\n(4) \"Gift card\" means a card, code, or device that is issued to a consumer on a\nprepaid basis in a specified amount and is redeemable in exchange for goods or services. The\nvalue of the gift is either the maximum face value of the card when it is held for sale by the\nmerchant or the actual value of the funds deposited with the merchant at the time of the\nactivation and purchase.\n\n(5) \"Transfer\" means sell, give, provide, or transmit.\n\nF.(1) A person who commits the crime of access device fraud when the\nmisappropriation or taking amounts to a value of twenty-five thousand dollars or more shall\nbe imprisoned at hard labor for not more than twenty years, fined not more than fifty\nthousand dollars, or both.\n\n(2) When the misappropriation or taking amounts to a value of five thousand dollars\nor more, but less than a value of twenty-five thousand dollars, the offender shall be\nimprisoned with or without hard labor for not more than ten years, fined not more than ten\nthousand dollars, or both.\n\n(3) When the misappropriation or taking amounts to a value of one thousand dollars\nor more, but less than a value of five thousand dollars, the offender shall be imprisoned with\nor without hard labor for not more than five years, fined not more than three thousand\ndollars, or both.\n\n(4) When the misappropriation or taking amounts to a value of less than one\nthousand dollars, the offender shall be imprisoned for not more than six months, fined not\nmore than five hundred dollars, or both.\n\n(5) Upon a third or subsequent conviction of theft, the offender shall be imprisoned\nwith or without hard labor for not more than two years, fined not more than two thousand\ndollars, or both.\n\nG. In addition to any other penalty imposed under this Section, the court shall order\nrestitution as a part of the sentence in accordance with Code of Criminal Procedure Article\n883.2.\n\nH. When there has been a misappropriation or taking by a number of distinct acts of\nthe offender, the aggregate amount of the misappropriation or taking shall determine the\ngrade of the offense. For purposes of this Subsection, distinctive acts of the offender do not\nhave to involve the same victim.\n\nActs 1986, No. 555, \u00a71; Acts 1999, No. 947, \u00a71, eff. July 9, 1999; Acts 2006, No.\n143, \u00a71; Acts 2008, No. 495, \u00a71; Acts 2010, No. 585, \u00a71; Acts 2017, No. 281, \u00a71; Acts 2025,\nNo. 28, \u00a71."
}