Larceny is a type of theft in Oklahoma. But while all larcenies are thefts, not all thefts are larcenies in Oklahoma. Larceny in Oklahoma is defined as taking of another person’s property by fraud or stealth, with the intent to deprive the owner of that property. Okla. Stat. tit. 21 § 1701.
Larceny always involves either fraud or stealth in the taking. Theft is stealing, but it may not involve fraud or stealth. Larceny is different from a robbery which requires force or fear in the taking of property directly from a person. Larceny is also different from a burglary which requires breaking and entering into a building, structure, vessel, or vehicle, with the intent to commit a crime inside. The intended crime in a burglary can be theft, but it can be any crime.
Grand and Petit Larceny
Oklahoma classifies larceny as either grand (big) or petit (small). Grand larceny is a more serious crime with more serious consequences. Grand larceny in Oklahoma is taking property worth $1000 or more, or the taking of firearms worth any amount of money, or the taking of other property directly from the person of another regardless of its value. All other larceny is petit larceny. Okla. Stat. tit. 21 § 1704. OUJI-CR 5-93.
Basic Larceny Penalties
The court has discretion regarding sentencing for all larceny. Petit larceny in Oklahoma is a misdemeanor punishable by a fine between $10 and $50, jail time of up to 6 months, or both. Okla. Stat. tit. 21 § 1706.
Grand larceny is a felony. Punishment varies upon the circumstances and value of the property taken. As a starting point, a person can face up to 1 year of jail time, or a fine of up to $1000, or both.
Penalties are more severe when firearms are taken, or when the property is taken directly from another person or is valued from $1000 to $2499. In those cases, a defendant may face up to 2 years in prison or 1 year in county jail, or a fine of up to $1000, or both.
If the property is valued from $2,500 to $14,999, a person could face up to 5 years in prison, or up to 1 year in county jail, or a fine up to $1000, or both. If the property is valued at $15,000 or more, a person could face up to 8 years in prison in addition to fines. Okla. Stat. tit. 21 § 1705.
All larceny charges are serious and require skilled representation for the best outcomes. Contact an Okmulgee law office with your specific questions and concerns.
Statutes Cover Many Kinds of Larceny
Oklahoma law is replete with various types and situations in which larceny is dealt with. Each statute outlines the type of larceny involved. Here are some examples:
Larceny of Trade Secrets: Stealing, copying, or embezzling another’s trade secrets, including formulas, devices, customer lists, business processes, etc. The value of the article at issue controls whether the crime is charged as grand or petit larceny. Okla. Stat. tit. 21 § 1732.
Larceny of Merchandise from Retailer or Wholesaler: This is shoplifting. Penalties depend on both the value of the articles taken and the number of prior convictions. For example, on a first or second conviction, if the value of the property is less than $1000, the crime is considered a misdemeanor punishable by jail time up to 30 days and a fine between $10 and $500, but if more than one item is taken, the fine increases to at least $50. A third or more conviction can mean up to 1 year in jail and a fine of up to $1000.
If the amount taken is valued from $1000 to $2499, then the matter is a felony punishable up to 2 years in prison and a fine up to $1000. As value increases, so does the jail time. If the property taken is valued at $15,000 or more, the defendant could face up to 8 years in prison. In addition, the prosecution is allowed to add up or aggregate the value of each item taken when 2 or more offenses are committed within a 90-day period of time. This allows the prosecution to seek a more severe penalty. In addition to the above, a person convicted of shoplifting may also be ordered to pay restitution to the retailer to compensate them for any damage or loss. Okla. Stat. tit. 21 § 1731.
Larceny From a Building: Entering and stealing property from inside any house, railroad car, tent, booth or temporary building is a felony in Oklahoma. This is different from burglary. Here, a person may enter the premises with permission, but surreptitiously take something. Okla. Stat. tit. 21 § 1723. The penalty is up to 5 years in prison. Okla. Stat. tit. 21 § 1724.
Larceny of Dogs: Oklahoma law also protects dogs. Oklahoma treats dogs as personal property for this purpose, and penalties are based on the dog’s value. Okla. Stat. tit. 21 § 1718.
Grand Larceny in Dwelling House: When a taking from a house or vessel amounts to grand larceny, the crime is treated as a felony and is punishable by up to 8 years in prison. Okla. Stat. tit. 21 § 1707.
Larceny of Cable Television Services: Hacking or using cable TV or other internet services without permission or payment is a misdemeanor and is punishable by 6 months in jail, a fine up to $1000, or both, a fine and jail time. The law also allows a civil suit against the offender with treble damages and attorney’s fees to the cable service provider. This makes this crime much more expensive to resolve. Okla. Stat. tit. 21 § 1737.
Grand Larceny of Exotic Livestock – Penalty: A person who takes exotic livestock such as exotic birds, primates, cats, and the like, or a person who knowingly purchases stolen livestock, is deemed guilty of grand larceny, regardless of the value of the livestock. The crime is punishable by up to 10 years in prison, a fine of up to $20,000, or both, a fine and prison. Okla. Stat. tit. 21 § 1719.2
Domestic Fowls, Larceny of-Receiving Stolen Fowls: Stealing domestic fowl such as chickens, or knowingly purchasing stolen fowl, may be convicted of grand larceny, regardless of the value of the fowl. The crime is punishable by up to 5 years in prison or up to 2 months in county jail, a fine up to $200, or both jail time and a fine. Okla. Stat. tit. 21 § 1719.
Larceny of Fixtures: Taking a fixture from property makes it personal property and taking it is considered to be larceny. This can include a number of types of fixtures, such as lights, mailboxes, benches, etc. Okla. Stat. tit. 21 § 1712.
Larceny in Nighttime – Penalty: Larceny from a person, such as pickpocketing, is more serious when it is committed at night. It is a felony punishable by up to 10 years in prison. Okla. Stat. tit. 21 § 1708.
Larceny – Lost Property: A person must try to return lost property if there is sufficient means or knowledge to attempt to do so. If you keep property that could reasonably be returned, you can be convicted of larceny. Punishments vary depending on the value of the lost property. For example, if the property is valued at less than $1000, the crime is a misdemeanor punishable by up to 1 year in jail a fine up to $500, or both jail and a fine. Penalties increase with the value of the property involved. If the property is worth $15,000 or more, a person could face up to 8 years in prison, a fine of up to $1000, or both. Okla. Stat. tit. 21 § 1702.
Larceny of Livestock or Implements of Husbandry – Penalty: Stealing a horse, jackass, jennet, mule, cow, hog or tool of animal husbandry, is a felony punishable by 3-10 years in prison, or a fine equal to 3 times the value of the stolen property up to $500,000, or both. Each head of cattle stolen may constitute a separate offense and may be punishable as a separate violation.
Stealing a dog, sheep or goat is also a felony, punishable by 6 months to 3 years in prison, or a fine equal to 3 times the value of the stolen animals, up to $500,000, or both a fine and prison time. Okla. Stat. tit. 21 § 1716.
Larceny of Domesticated Fish and Game: Any person who takes any domesticated fish or game, with the intent to deprive their owner or who buys or receives the property knowing that it was stolen can be convicted of a misdemeanor punishable by 60 days in jail, a fine of up to $500, or both if the property is worth less than $1000. The crime is a felony when the value exceeds that amount. In that case, a defendant can face up to 5 years in prison, a fine from $1000 to $5000, or both. Okla. Stat. tit. 21 § 1719.1
The type and value of the property taken can make a great difference to the defense of a case of larceny. If you or a loved one are charged with any of the crimes outlined above, you will want the help of an experienced Okmulgee criminal defense attorney to help you retain your freedom and minimize any fine.
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