Oklahoma § 21-1731.1 - Shoplifting - Civil liabilities - Public service in

§ 21-1731.1. Shoplifting - Civil liabilities - Public service in

lieu of damages - Limitations - Jurisdiction.

A. As used in this section:

1. "Merchant" means an owner or operator of any mercantile

establishment, and includes the merchant's employees, servants,

security agents or other agents;

2. "Mercantile establishment" means any place where merchandise

is displayed, held or offered for sale, either at retail or

wholesale;

Oklahoma Statutes - Title 21. Crimes and Punishments

3. "Unemancipated minor" means any unmarried person under

eighteen (18) years of age under direct supervision and care of the

parent or legal guardian of the minor; and

4. "Emancipated minor" means any person under eighteen (18) who

is married and/or not under direct supervision and care of the

parent or legal guardian of the minor.

B. An adult or emancipated minor who takes possession of any

goods, wares, or merchandise displayed or offered for sale by any

wholesale or retail store or other mercantile establishment without

the consent of the owner, seller, or merchant and with the intention

of converting such goods, wares, or merchandise to his own use

without having paid the purchase price thereof, shall be liable in a

civil action for the retail price of the merchandise if it is

unsalable or the percentage of the diminished value of the

merchandise due to the conversion together with attorney fees and

court costs.

C. The parent or legal guardian having custody of an

unemancipated minor who takes possession of any goods, wares, or

merchandise displayed or offered for sale by any wholesale or retail

store or other mercantile establishment without the consent of the

owner, seller, or merchant, and with the intention of converting

such goods, wares, or merchandise to his own use without having paid

the purchase price thereof shall be liable in a civil action for the

retail price of the merchandise if it is unsalable or the percentage

of the diminished value of the merchandise due to the conversion

together with attorney fees and court costs.

D. An adult, emancipated minor or unemancipated minor against

whom judgment is rendered for taking possession of any goods, wares

or merchandise displayed or offered for sale by any wholesale or

retail store or other mercantile establishment without the consent

of the owner, seller or merchant and with the intention of

converting such goods, wares or merchandise to his or her own use

without having paid the purchase price thereof, may also be required

to pay exemplary damages.

E. In lieu of the exemplary damages prescribed by subsection D

of this section, any adult, emancipated minor or unemancipated minor

against whom a judgment for exemplary damages has been rendered

hereunder may be required to perform public services designated by

the court; provided, that in no event shall any such person be

required to perform less than the number of hours of such public

service necessary to satisfy the damages assessed by the court at

the federal minimum wage prevailing in the state at the time of

judgment, but in no case less than Fifty Dollars ($50.00) nor more

than Five Hundred Dollars ($500.00).

F. The provisions of this section are in addition to criminal

penalties and other civil remedies and shall not limit merchants or

Oklahoma Statutes - Title 21. Crimes and Punishments

other persons from electing to pursue criminal penalties and other

civil remedies, so long as a double recovery does not result.

G. For the purpose of this section, liability shall not be

imposed upon any governmental entity, private agency, or foster

parent assigned responsibility for the minor child pursuant to court

order or action of the Department of Human Services.

H. Notwithstanding any other provision of law, a civil action

or proceeding pursuant to this section may be commenced at any time

within two (2) years after the conduct in violation of a provision

of this section terminates or the cause of action accrues. If a

criminal prosecution is brought by the state or by the United States

to punish, prevent, or restrain any criminal action contained or

described in this section, the running of the period of limitations

prescribed by this section shall be suspended during the pendency of

such prosecution, action, or proceeding and for one (1) year

following its termination or conclusion.

I. An action for recovery of damages, pursuant to this section,

may be brought in the small claims division of the district court

where the damages sought are within the jurisdictional limits of the

court, or in any other appropriate court.

Added by Laws 1990, c. 161, § 1, eff. Nov. 1, 1990.