Oklahoma law defines larceny, or theft, as “the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof.” (Okla. Stat. Ann. § 21-1701.) Basically, that means theft is committed any time an offender wrongfully takes someone else’s property while having no intention to return it.
Oklahoma categorizes most larceny offenses based on the value of the property stolen and/or the circumstances surrounding the offense. Let’s start by taking a closer look at the different levels of larceny or theft under Oklahoma law, starting with petit larceny (or petty theft).
Petit Larceny or Theft. The lowest-level theft offense in Oklahoma is referred to as "petit larceny," or petty theft, which is charged when the property stolen has a value of less than $500. (Okla. Stat. Ann. § 21-1704.) Petit larceny in Oklahoma is punishable by a fine of $10 to $500, or imprisonment in the county jail for no more than six months. ( § 21-1706.)
Grand Larceny or Theft. Grand larceny in Oklahoma occurs when one of the following circumstances exists:
Oklahoma larceny statutes provide a number of specific classifications and punishments for theft involving certain types of property, such as motor vehicles, farm equipment, livestock, and other domestic animals. However, the specifics of those statutes are too numerous to list here. Refer to Oklahoma Statutes Annotated starting at § 21-1701 for details.
In Oklahoma, grand larceny is a felony punishable by:
In addition to criminal penalties, a person who commits shoplifting in Oklahoma (or the parent or legal guardian of a minor who commits shoplifting) may be civilly liable to the store owner for:
Additionally, instead of paying exemplary or punitive damages, the offender may be ordered to perform community service. ( § 21-1731.1.)
Oklahoma shoplifting statutes dictate different penalties for first and subsequent shoplifting offenses. When a person steals merchandise valued at $500 or less, and the person has no prior convictions for shoplifting in Oklahoma, the punishment is confinement in county jail for up to 30 days, and a fine ranging from a minimum of $10 to a maximum of $500. The minimum fine for a first offense increases to $50 if the shoplifting offense involved more than one item.
If the offender has a prior conviction for shoplifting, the punishment is confinement in county jail for a minimum of 30 days and a maximum of one year, and a fine of no more than $1,000. If the offender has two or more prior convictions for shoplifting, regardless of the value of the merchandise involved in the prior offenses, the punishment is imprisonment in the State Penitentiary for minimum of two years and a maximum of five years.
In order to get more information about how prior larceny convictions will impact a subsequent larceny-related offense in Oklahoma, you should conduct additional legal research or contact an Oklahoma criminal defense attorney.