Pecans are big business in Oklahoma. Oklahoma is famous for its pecans and pecans can fetch high prices. A singular pecan tree can sell for as much as $7,000 in the right market. As a result, pecan thieves have been busy in Oklahoma. Stealing pecans in Oklahoma may seem like a lark, but the law treats it seriously.
Oklahoma Law Prohibits Stealing Pecans
Oklahoma law expressly prohibits a person from willfully or maliciously entering the garden, yard, pasture, or field of another when forbidden to do so. To deter trespassing, property owners can install a “no trespassing” or “do not enter sign.” Signs that are openly posted at all places on the property where entry would normally be expected are deemed sufficient under Oklahoma law. With that, ignoring a posted “no trespassing” or “do not enter” sign usually means that you are committing a trespass.
The crime of trespass is generally a misdemeanor, punishable in Oklahoma by a fine up to $500, 6 months in jail, or a combination of both imprisonment and fines. Moreover, if a person trespasses with the intent to commit waste, theft, or damage property, the penalty can escalate. Okla. Stat. tit. 21 § 1835. Thus, the law prohibits entering another person’s pecan grove without permission. In fact, doing so may result in heightened penalties.
The exception to the rule of trespass applies to those with a necessity to enter the property of another. For instance, peace officers, government employees and emergency rescue crews are all able to enter the property of another without permission, so long as they are performing their professional duties or addressing an emergency at the time of entry.
Stealing Valuable Pecans Can Amount to Grand Larceny
Stealing valuable pecans and pecan trees can be charged a different way. Oklahoma has laws prohibiting grand larceny. Grand larceny is a serious theft involving deceit or stealth. Okla. Stat. tit. 21 § 1703.
Relevant Oklahoma law defines Larceny as the taking of another person’s personal property by fraud or stealth, with the intent to deprive. Okla. Stat. tit. 21 § 1701. Larceny always involves fraud or stealth. Like trespass, larceny is generally a misdemeanor. Grand larceny, on the other hand, carries severe penalties.
Oklahoma statutes define Grand Larceny, in part, as either the taking of property worth $1,000 or more or the taking of other property directly from the person of another, regardless of its value. Okla. Stat. tit. 21 § 1704. With the incredible value of pecans, stealing pecans or a pecan tree can have devastating consequences.
Penalties for Grand Larceny
In Oklahoma, Grand Larceny is a felony. Penalties vary depending on the type and value of the property taken. Taken property valued at less than $1,000 is punishable up to 1 year in prison, a term of nights and weekends in the county jail, a fine up to $1,000, or both jail and a fine.
Where stolen property: 1) involves firearms; 2) is taken directly from the person of another; or 3) is valued between $1,000 and $2,500, the crime of grand larceny results in a prison term of up to 2 years, county jail time up to 1 year, a fine up to $1,000, or both jail and a fine.
When the property taken is valued between $2,500 and less than $15,000, the crime is punishable by up to 5 years in prison, county jail time up to 1 year, a fine up to $1,000, or both imprisonment and a fine.
Grand larceny is punishable by up to 8 years in prison, a fine up to $1,000, or both where the stolen property is valued at $15,000.00 or more. Okla. Stat. tit. 21 § 1705.
Stealing one or more pecan trees or the pecans from them could result in a lengthy prison sentence and enormous fines. However, district attorneys have a lot of discretion regarding how to charge a crime. If you are facing the prospect of a felony count in Okmulgee, Oklahoma, it is imperative that you get the help of an experienced defense attorney in Okmulgee.
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