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ENGROSSED SENATE
BILL NO. 334 By: Paxton of the Senate
and
Worthen of the House
An Act relating to larceny; amending 21 O.S. 2011,
Section 1731, as amended by Section 15, Chapter 116,
O.S.L. 2018 (21 O.S. Supp. 2020, Section 1731), whic h
relates to punishment for recidivists; modifying
certain time element; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1731, as
amended by Section 15, Chapter 116, O.S.L. 2018 (21 O.S. Supp. 20 20,
Section 1731), is amended to read as follows:
Section 1731. A. Larceny of merchan dise 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 Dol lars ($1,000.00), the person
shall be guilty of a misdemeanor punishable by impr isonment 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, ed ible meat or other
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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 t han Fifty Dollars ($50.00) nor more
than Five Hundred Dollars ($500.00);
2. For a third or subsequent convic tion, in the event the value
of the goods, edible meat or other corporeal property which has been
taken is less than One Thousand Dollars ($1,000.0 0), 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 excee ding One Thousand Dollars ($1,000.00);
3. In the event the value of the goods, edible me at or other
corporeal property is One Thousand Dollars ($1,000.00) or more but
less than Two Thousand Five Hu ndred Dollars ($2,500.00), the person
shall be guilty of a felony and shall be punished by imprisonment in
the custody of the Department of Correct ions for a term not to
exceed two (2) years, and by a fine not to exceed One Tho usand
Dollars ($1,000.00);
4. In the event the value of the goods, edible meat or othe r
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 felony and shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed five (5) years, and by a fine not to exceed One
Thousand Dollars ($1,000.00); or
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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 felony and shall be punished by
imprisonment in the custody of the Departmen t of Corrections for a
term not to exceed eight (8) years, and by a fine not to exceed One
Thousand Dollars ($1,000.00).
B. When three or more separate offenses unde r this section are
committed within a ninety-day 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 t he 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 in dividuals. 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 or dered to pay restitution to the victim as
provided in Section 991f of Title 22 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives