1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 4069 By: Wallace
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6 AS INTRODUCED
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7 An Act relating to crimes and punishment; amending 21
7 O.S. 2021, Section 1731, which relates to larceny of
8 merchandise; clarifying the application to gift
8 cards; providing for aggregation of value; and
9 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1731, is
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14 amended to read as follows:
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15 Section 1731.
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16 Larceny of merchandise from retailer or wholesaler - Punishment -
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17 Recidivists.
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18 A. Larceny of merchandise held for sale in retail or wholesale
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19 establishments shall be punishable as follows:
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20 1. For the first or second conviction, in the event the value
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21 of the goods, edible meat, gift cards, or other corporeal property
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22 which has been taken is less than One Thousand Dollars ($1,000.00),
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23 the person shall be guilty of a misdemeanor punishable by
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24 imprisonment in the county jail for a term not exceeding thirty (30)
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 1 days, and by a fine not less than Ten Dollars ($10.00) nor more than
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2 Five Hundred Dollars ($500.00); provided, for the first or second
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3 conviction, in the event more than one item of goods, edible meat,
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4 gift cards, or other corporeal property has been taken, punishment
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5 shall be by imprisonment in the county jail for a term not to exceed
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6 thirty (30) days, and by a fine not less than Fifty Dollars ($50.00)
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7 nor more than Five Hundred Dollars ($500.00);
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8 2. For a third or subsequent conviction, in the event the value
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9 of the goods, edible meat, gift cards, or other corporeal property
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10 which has been taken is less than One Thousand Dollars ($1,000.00),
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11 the person shall be guilty of a misdemeanor and shall be punished by
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12 imprisonment in the county jail for a term not to exceed one (1)
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13 year, and by a fine not exceeding One Thousand Dollars ($1,000.00);
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14 3. In the event the value of the goods, edible meat, gift
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15 cards, or other corporeal property is One Thousand Dollars
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16 ($1,000.00) or more but less than Two Thousand Five Hundred Dollars
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17 ($2,500.00), the person shall be guilty of a felony and shall be
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18 punished by imprisonment in the custody of the Department of
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19 Corrections for a term not to exceed two (2) years, and by a fine
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20 not to exceed One Thousand Dollars ($1,000.00);
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21 4. In the event the value of the goods, edible meat, gift
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22 cards, or other corporeal property is Two Thousand Five Hundred
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23 Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars
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24 ($15,000.00), the person shall be guilty of a felony and shall be
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 1 punished by imprisonment in the custody of the Department of
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2 Corrections for a term not to exceed five (5) years, and by a fine
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3 not to exceed One Thousand Dollars ($1,000.00); or
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4 5. In the event the value of the goods, edible meat or other
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5 corporeal property is Fifteen Thousand Dollars ($15,000.00) or more,
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6 the person shall be guilty of a felony and shall be punished by
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7 imprisonment in the custody of the Department of Corrections for a
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8 term not to exceed eight (8) years, and by a fine not to exceed One
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9 Thousand Dollars ($ 1,000.00).
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10 B. When three or more separate offenses under this section are
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11 committed within a ninety-day period, the value of the goods, edible
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12 meat, gift cards, or other corporeal property involved in each
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13 larceny offense may be aggregated to determine the total value for
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14 purposes of determining the appropriate punishment under this
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15 section.
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16 C. In the event any person engages in conduct that is a
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17 violation of this section in concert with at least one other
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18 individual, such person shall be liable for the aggregate value of
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19 all items taken by all individuals. Such person may also be subject
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20 to the penalties set forth in Section 421 of this title, which shall
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21 be in addition to any other penalties provided for by law.
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22 D. In the event any person is in possession of gift cards in a
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23 manner that is a violation of this section, the aggregate value of
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 1 all such gift cards in possession may be utilized for determining
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2 the applicable punishment as otherwise provided in this section.
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3 E. Any person convicted pursuant to the provisions of this
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4 section shall also be ordered to pay restitution to the victim as
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5 provided in Section 991f of Title 22 of the Oklahoma Statutes.
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6 SECTION 2. This act shall become effective November 1, 2024.
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8 59-2-8674 JM 01/09/24
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