Law On Offender Transgressions during Emergencies and Recovery Act of 2025; LOOTER Act of 2025
Summary
The Law On Offender Transgressions during Emergencies and Recovery Act of 2025, or LOOTER Act of 2025, aims to amend Title 18 of the United States Code to specifically address and punish larceny during natural disasters. It differentiates between petit larceny (punishable by a fine or imprisonment of up to 1 year) and grand larceny (punishable by a fine or imprisonment of up to 5 years) committed within a state subject to an emergency declaration under the Stafford Act. The penalties apply only during the declared emergency period.
The bill defines larceny based on state law where the offense occurs. This means the specific definition of petit and grand larceny will vary by state.
The bill was introduced in the House of Representatives and referred to the Committee on the Judiciary.
Expected Effects
If enacted, the LOOTER Act would create federal penalties for larceny committed during natural disasters, supplementing existing state laws. This could lead to increased prosecution and potentially deter such crimes during vulnerable times. The Act's impact will largely depend on how state laws define larceny and how consistently the federal penalties are applied.
The Act may also influence individual behavior during emergencies. The presence of stricter penalties may deter some individuals from committing theft, while others may be unaffected.
Potential Benefits
- Potential Deterrent: The Act could deter individuals from committing larceny during natural disasters, leading to a decrease in such crimes.
- Increased Public Safety: By reducing theft, the Act may contribute to increased public safety and security during emergencies.
- Support for Victims: The Act could provide a sense of justice for victims of larceny during natural disasters.
- Federal Consistency: Establishes a federal standard for punishing larceny during natural disasters, supplementing state laws.
- Clearer Legal Framework: Provides a clearer legal framework for addressing crimes committed during emergencies.
Most Benefited Areas:
Potential Disadvantages
- Potential Overreach: Concerns about federal overreach into areas traditionally governed by state law.
- Strain on Resources: Increased prosecution of larceny cases could strain federal law enforcement and judicial resources.
- Disparate Impact: The Act's impact may disproportionately affect low-income communities or individuals who may be driven to theft out of desperation during emergencies.
- Definition Variations: The reliance on state law definitions of larceny could lead to inconsistencies in application and enforcement across different states.
- Lack of Clarity: The Act does not define what constitutes a 'natural disaster' beyond referencing the Stafford Act, which could lead to ambiguity in certain situations.
Most Disadvantaged Areas:
Constitutional Alignment
The LOOTER Act's constitutional alignment is based on the Commerce Clause (Article I, Section 8), which grants Congress the power to regulate interstate commerce. Larceny during natural disasters could be argued to affect interstate commerce, especially if it involves goods or services that cross state lines.
However, the Tenth Amendment reserves powers not delegated to the federal government to the states. Traditionally, larceny has been a matter of state law, raising concerns about federal intrusion into state jurisdiction.
The Act's alignment with the Constitution is therefore mixed, depending on the interpretation of the Commerce Clause and the extent to which it infringes upon state powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).