Oklahoma § 21-1731.2 - Organized retail crime — Penalties

§ 21-1731.2. Organized retail crime — Penalties

A. Actions relating to theft, retail theft, or larceny shall be

sufficient to constitute organized retail crime when two or more of

the following circumstances occur:

1. The property taken is intended for resale;

2. Such property is taken by two or more persons acting

jointly;

3. The persons taking the property do so while possessing tools

of theft including, but not limited to, tag cutters, foil-lined

bags, weapons, or other means of evading detection;

4. The persons taking the property attempt to exit through fire

escapes, employee exits, or other non-public means of entry or exit;

5. The persons taking such property remove, destroy,

deactivate, or knowingly evade any component of an anti-shoplifting

or inventory control device to prevent the activation of that device

or to facilitate another person in committing retail crime;

6. A person receives, purchases, or possesses retail

merchandise for sale or resale knowing or believing the retail

merchandise was stolen from a retail merchant;

7. The persons use a getaway driver or the motor vehicle of

another person or a rented or stolen motor vehicle when committing

retail crime; or

8. The persons use a paper, fraudulent, altered, or obstructed

license plate, use a license plate meant for a different vehicle, or

do not have any license plate.

Oklahoma Statutes - Title 21. Crimes and Punishments

B. Any person found to be in violation of this section shall be

punished as follows:

1. In the event the value of the property is less than Fifteen

Thousand Dollars ($15,000.00), the person shall be punished by

imprisonment in the custody of the Department of Corrections for a

term not to exceed five (5) years or in the county jail for a term

not to exceed one (1) year, or by a fine not to exceed One Thousand

Dollars ($1,000.00), or by both such imprisonment and fine; or

2. If the value of the property is Fifteen Thousand Dollars

($15,000.00) or more, the person shall be punished by imprisonment

in the custody of the Department of Corrections for a term not to

exceed eight (8) years, or by a fine not to exceed One Thousand

Dollars ($1,000.00), or by both such imprisonment and fine.

C. The person shall also be ordered to pay restitution to the

victim as provided in Section 991f of Title 22 of the Oklahoma

Statutes.

Added by Laws 2025, c. 329, § 1, eff. Nov. 1, 2025.

§21-1731v1. Larceny of merchandise from retailer or wholesaler Punishment - Recidivists.

Larceny of merchandise held for sale in retail or wholesale

establishments shall be punishable as follows:

1. For the first conviction, in the event the value of the

goods, edible meat or other corporeal property which has been taken

is less than One Thousand Dollars ($1,000.00), the defendant shall

be guilty of a misdemeanor and shall be punished by imprisonment in

the county jail for a term not exceeding thirty (30) days, and by a

fine not less than Ten Dollars ($10.00) nor more than Five Hundred

Dollars ($500.00); provided, for the first conviction, in the event

more than one item of goods, edible meat or other corporeal property

has been taken, punishment shall be by imprisonment in the county

jail for a term not to exceed thirty (30) days, and by a fine not

less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00);

2. If it be shown, in the trial of a case in which the value of

the goods, edible meat or other corporeal property is less than One

Thousand Dollars ($1,000.00), that the defendant has been once

before convicted of the same offense, the defendant shall, on a

second conviction, be guilty of a misdemeanor and shall be punished

by imprisonment in the county jail for a term of not less than

thirty (30) days nor more than one (1) year, and by a fine not

exceeding One Thousand Dollars ($1,000.00);

3. If it be shown, upon the trial of a case where the value of

the goods, edible meat or other corporeal personal property is less

than One Thousand Dollars ($1,000.00), that the defendant has two or

more times before been convicted of the same offense, regardless of

the value of the goods, edible meat or other corporeal personal

Oklahoma Statutes - Title 21. Crimes and Punishments

property involved in the first two convictions, upon the third or

any subsequent conviction, the defendant shall be guilty of a felony

and shall be punished by imprisonment in the custody of the

Department of Corrections for a term of not less than two (2) nor

more than five (5) years; and

4. In the event the value of the goods, edible meat or other

corporeal property is One Thousand Dollars ($1,000.00) or more, the

defendant shall be guilty of a felony and shall be punished by

imprisonment in the custody of the Department of Corrections for a

term of not less than two (2) years nor more than five (5) years.

The defendant shall also be subject to a fine of not more than Five

Thousand Dollars ($5,000.00) and ordered to provide restitution to

the victim as provided in Section 991a of Title 22 of the Oklahoma

Statutes.

Added by Laws 1967, c. 255, § 1, emerg. eff. May 8, 1967. Amended

by Laws 1968, c. 268, § 1, emerg. eff. April 30, 1968; Laws 1982, c.

277, § 6, operative Oct. 1, 1982; Laws 1993, c. 147, § 9, eff. Sept.

1, 1993; Laws 1997, c. 133, § 406, eff. July 1, 1999; Laws 1999, 1st

Ex. Sess., c. 5, § 297, eff. July 1, 1999; Laws 2001, c. 437, § 13,

eff. July 1, 2001; Laws 2016, c. 221, § 19, eff. Nov. 1, 2016.

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

date of Laws 1997, c. 133, § 406 from July 1, 1998, to July 1, 1999.

§21-1731v2. Larceny of merchandise from retailer or wholesaler Punishment - Recidivists.

A. Larceny of merchandise held for sale in retail or wholesale

establishments shall be punishable as follows:

1. For the first or second conviction, in the event the value

of the goods, edible meat, or other corporeal property which has

been taken is less than One Thousand Dollars ($1,000.00), the person

shall be guilty of a misdemeanor punishable by imprisonment in the

county jail for a term not exceeding thirty (30) days, and by a fine

not less than Ten Dollars ($10.00) nor more than Five Hundred

Dollars ($500.00); provided, for the first or second conviction, in

the event more than one item of goods, edible meat, or other

corporeal property has been taken, punishment shall be by

imprisonment in the county jail for a term not to exceed thirty (30)

days, and by a fine not less than Fifty Dollars ($50.00) nor more

than Five Hundred Dollars ($500.00);

2. For a third or subsequent conviction, in the event the value

of the goods, edible meat, or other corporeal property which has

been taken is less than One Thousand Dollars ($1,000.00), the person

shall be guilty of a misdemeanor and shall be punished by

imprisonment in the county jail for a term not to exceed one (1)

year, and by a fine not exceeding One Thousand Dollars ($1,000.00);

3. In the event the value of the goods, edible meat, or other

corporeal property is One Thousand Dollars ($1,000.00) or more but

Oklahoma Statutes - Title 21. Crimes and Punishments

less than Two Thousand Five Hundred Dollars ($2,500.00), the person

shall 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 this title, and by a fine not to exceed One Thousand

Dollars ($1,000.00);

4. In the event the value of the goods, edible meat, or other

corporeal property is Two Thousand Five Hundred Dollars ($2,500.00)

or more but less than Fifteen Thousand Dollars ($15,000.00), the

person shall be guilty of a Class D1 felony offense and shall be

punished by imprisonment as provided for in subsections B through F

of Section 20N of this title, and by a fine not to exceed One

Thousand Dollars ($1,000.00); or

5. In the event the value of the goods, edible meat, or other

corporeal property is Fifteen Thousand Dollars ($15,000.00) or more,

the person shall 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 this title, and by a fine not to exceed One

Thousand Dollars ($1,000.00).

B. When three or more separate offenses under this section are

committed within a one-hundred-eighty-day period, the value of the

goods, edible meat, or other corporeal property involved in each

larceny offense may be aggregated to determine the total value for

purposes of determining the appropriate punishment under this

section.

C. In the event any person engages in conduct that is a

violation of this section in concert with at least one other

individual, such person shall be liable for the aggregate value of

all items taken by all individuals. Such person may also be subject

to the penalties set forth in Section 421 of this title, which shall

be in addition to any other penalties provided for by law.

D. Any person convicted pursuant to the provisions of this

section shall also be ordered to pay restitution to the victim as

provided in Section 991f of Title 22 of the Oklahoma Statutes.

Added by Laws 1967, c. 255, § 1, emerg. eff. May 8, 1967. Amended

by Laws 1968, c. 268, § 1, emerg. eff. April 30, 1968; Laws 1982, c.

277, § 6, operative Oct. 1, 1982; Laws 1993, c. 147, § 9, eff. Sept.

1, 1993; Laws 1997, c. 133, § 406, eff. July 1, 1999; Laws 1999, 1st

Ex. Sess., c. 5, § 297, eff. July 1, 1999; Laws 2001, c. 437, § 13,

eff. July 1, 2001; State Question No. 780, Initiative Petition No.

404, § 9, adopted at election held on November 8, 2016, eff. July 1,

2017; Laws 2018, c. 116, § 15, eff. Nov. 1, 2018; Laws 2024, c. 176,

§ 1, eff. Nov. 1, 2024; Laws 2025, c. 486, § 256, eff. Jan. 1, 2026.

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

date of Laws 1997, c. 133, § 406 from July 1, 1998, to July 1, 1999.