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SENATE FLOOR VERSION
February 11, 2025
AS AMENDED
SENATE BILL NO. 748 By: Stewart
An Act relating to larceny; amending 21 O.S. 2021,
Section 1731, as amended by Section 1, Chapter 176,
O.S.L. 2024 (21 O.S. Supp. 2024, Section 1731), which
relates to larceny from a retailer or wholesaler;
establishing certain offense; providing penalty; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1731, a s
amended by Section 1, Chapter 176, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1731), is amended to read as follows:
Section 1731. A. Larceny of merchandise 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 Dollars ($1,000.00), the person
shall be guilty of a misdemeanor punishable by imprisonment 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, edible 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 than Fifty Dollars ($50.00) nor more
than Five Hundred Dollars ($500.00);
2. For a third or subsequen t conviction, in the event the value
of the goods, edible meat, or other corporeal property which has
been taken is less than One Thousand Dollars ($1,000.00), 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 exceeding One Thousand Dollars ($1,000.00);
3. In the event the value of the goods, edible meat, or other
corporeal property is One Thousand Dollars ($1,000.00) or more but
less than Two Thousa nd Five Hundred 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 Corrections for a term not to
exceed two (2) years, and by a fine not to exceed One Thousand
Dollars ($1,000.00);
4. In the event the value of the goods, edible meat, or other
corporeal property is Two Thousand Five Hundred D ollars ($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 puni shed 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 ($15,000.00) or more,
the person shall be guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed eight (8) years, and by a fine not to exceed One
Thousand Dollars ($ 1,000.00).
B. When three or more separate offenses under this section are
committed within a one -hundred-eighty-day period, the value of the
goods, edible meat, or other corporeal property involved in each
larceny offense may be aggregated t o determine the total value for
purposes of determining the 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 li able for the aggregate value of
all items taken by all individuals. 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 who commits larceny of a shopping cart from a
retail or wholesale establishment shall be punished by a fine not to
exceed Five Hundred Dollars ($500.00) or thirty (30) hours of
community service per violation.
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E. Any person convicted pursuant to the provisions of thi s
section shall also be ordered 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, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 11, 2025 - DO PASS AS AMENDED