Oklahoma § 42-153

§ 42-153.

Payment of lienable claims.

Oklahoma Statutes - Title 42. Liens

A. The trust funds created under Section 152 of this title

shall be applied to the payment of said valid lienable claims and no

portion thereof shall be used for any other purpose until all

lienable claims due and owing or to become due and owing shall have

been paid.

B. If the party receiving any money under Section 152 of this

title is an entity having the characteristics of limited liability

pursuant to law, such entity and the natural persons having the

legally enforceable duty for the management of the entity shall be

liable for the proper application of such trust funds and subject to

punishment under Section 1451 of Title 21 of the Oklahoma Statutes;

provided, however, if the value of the property embezzled is Fifteen

Thousand Dollars ($15,000.00) or more, the party shall, upon

conviction, be guilty of a Class C2 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20M of Title 21 of the Oklahoma Statutes. If the value

of the property embezzled is not less than One Thousand Dollars

($1,000.00) nor more than Two Thousand Five Hundred Dollars

($2,500.00), the party shall, upon conviction, be guilty of a Class

D3 felony offense and shall be punished by imprisonment as provided

for in subsections B through F of Section 20P of Title 21 of the

Oklahoma Statutes. For purposes of this section, the natural

persons subject to punishment shall be the managing officers of a

corporation and the managers of a limited liability company.

C. The existence of such trust funds shall not prohibit the

filing or enforcement of a labor, mechanic or materialmen's lien

against the affected real property by any lien claimant, nor shall

the filing of such a lien release the holder of such funds from the

obligations created under this section or Section 152 of this title.

Added by Laws 1965, c. 58, § 2. Amended by Laws 1968, c. 174, § 2,

emerg. eff. April 15, 1968; Laws 1983, c. 111, § 1, eff. Nov. 1,

1983; Laws 1985, c. 191, § 1, emerg. eff. June 24, 1985; Laws 1997,

c. 133, § 460, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, §

334, eff. July 1, 1999; Laws 2000, c. 6, § 9, emerg. eff. March 20,

2000; Laws 2002, c. 460, § 32, eff. Nov. 1, 2002; Laws 2025, c. 486,

§ 266, eff. Jan. 1, 2026.

NOTE: Laws 1999, c. 212, § 5 repealed by Laws 2000, c. 6, § 33,

emerg. eff. March 20, 2000.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 460 from July 1, 1998, to July 1, 1999.