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39 | 65 | | An Act relating to larceny; amending 21 O.S. 2021, |
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40 | 66 | | Section 1731, as amended by Section 1, Chapter 176, |
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41 | 67 | | O.S.L. 2024 (21 O.S. Supp. 2024, Section 1731), which |
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42 | 68 | | relates to larceny from a retailer or wholesaler; |
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43 | 69 | | establishing certain offense; providing penalty; and |
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44 | 70 | | providing an effective date . |
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48 | 74 | | |
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49 | 75 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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50 | 76 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1731, as |
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51 | 77 | | amended by Section 1, Chapter 176, O .S.L. 2024 (21 O.S. Supp. 2024, |
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52 | 78 | | Section 1731), is amended to read as follows: |
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53 | 79 | | Section 1731. A. Larceny of merchandise held for sale in |
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54 | 80 | | retail or wholesale establishments shall be punishable as follows: |
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55 | 81 | | 1. For the first or second conviction, in the event the value |
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56 | 82 | | of the goods, edible meat, or other corporeal property which has |
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57 | 83 | | been taken is less than One Thousand Dollars ($1,000.00), the person |
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58 | 84 | | shall be guilty of a misdemeanor punishable by imprisonment in the |
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59 | 85 | | county jail for a term not exceeding thirty (30) days, and by a fine |
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60 | 86 | | not less than Ten Dollars ($10.00) nor more than Five Hundred |
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61 | 87 | | Dollars ($500.00); provided, for the first or second conviction, in |
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90 | 140 | | corporeal property has been taken, punishment shall be by |
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91 | 141 | | imprisonment in the county jail for a term not to exceed thirty (30) |
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92 | 142 | | days, and by a fine not less than Fifty Dollars ($50.00) nor more |
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93 | 143 | | than Five Hundred Dollars ($500.00); |
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94 | 144 | | 2. For a third or subsequent conviction, in the event the value |
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95 | 145 | | of the goods, edible meat, or other corporeal property which has |
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96 | 146 | | been taken is less than One Thousand Dollars ($1,000.00), the person |
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97 | 147 | | shall be guilty of a misdemeanor and shall be punished by |
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98 | 148 | | imprisonment in the county jail for a term not to exceed one (1) |
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99 | 149 | | year, and by a fine not exceeding One Thousand Dollars ($1,000.00); |
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100 | 150 | | 3. In the event the value of the goods, edible meat, or other |
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101 | 151 | | corporeal property is One Thousand Dollars ($1, 000.00) or more but |
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102 | 152 | | less than Two Thousand Five Hundred Dollars ($2,500.00), t he person |
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103 | 153 | | shall be guilty of a felony and shall be punished by imprisonment in |
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104 | 154 | | the custody of the Department of Corrections for a term not to |
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105 | 155 | | exceed two (2) years, and by a fine not to exceed One Thousand |
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106 | 156 | | Dollars ($1,000.00); |
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107 | 157 | | 4. In the event the value of the goods, edible meat, or other |
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108 | 158 | | corporeal property is Two Thousand Five Hundred Dollars ($2,500.00) |
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109 | 159 | | or more but less than Fifteen Thousand Dollars ($15,000.00), the |
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110 | 160 | | person shall be guilty of a felony and shall be punished by |
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111 | 161 | | imprisonment in the custody of the Department of Corrections for a |
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141 | 215 | | 5. In the event the value of the goods, edible meat, or other |
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142 | 216 | | corporeal property is Fifteen Thousand Dollars ($15,000.00) or more, |
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143 | 217 | | the person shall be guilty of a felony and shall be punished by |
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144 | 218 | | imprisonment in the custody of the Department of Corrections for a |
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145 | 219 | | term not to exceed eight (8) years , and by a fine not to exceed One |
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146 | 220 | | Thousand Dollars ($ 1,000.00). |
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147 | 221 | | B. When three or more separate offenses under this section are |
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148 | 222 | | committed within a one -hundred-eighty-day period, the value of the |
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149 | 223 | | goods, edible meat, or other corporeal property involved in each |
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150 | 224 | | larceny offense may be aggregated to determine the total value for |
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151 | 225 | | purposes of determining the appropriate punishment under this |
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152 | 226 | | section. |
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153 | 227 | | C. In the event any person engages in conduct that is a |
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154 | 228 | | violation of this section in concert with at least one o ther |
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155 | 229 | | individual, such person shall be liable for the aggregate value of |
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156 | 230 | | all items taken by all individuals. Such person may also be subject |
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157 | 231 | | to the penalties set forth in Section 421 of this title, which shall |
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158 | 232 | | be in addition to any other penalties provided for by law. |
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159 | 233 | | D. Any person who commits larceny of a shopping cart from a |
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