OSCN Found Document:Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent Convictions
Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
  Title 21. Crimes and Punishments
    Chapter 68 - Larceny
        Section 1731 - Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent Convictions
Cite as: 21 O.S. § 1731 (OSCN 2026)


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 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 subsequent 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 Thousand Five Hundred Dollars ($2,500.00), the person shall be guilty of a Class D3 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20P of this title, 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 Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be guilty of a Class D1 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20N of this title, and by a fine not to exceed One Thousand Dollars ($1,000.00); or

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 Class C2 felony offense and shall be punished by imprisonment as provided for in subsections B through F of Section 20M of this title, 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 to 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 liable 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 convicted pursuant to the provisions of this section shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.

Historical Data


Laws 1967, SB 407, c. 255, § 1, emerg. eff. May 8, 1967; Amended by Laws 1968, HB 1139, c. 268, § 1, emerg. eff. April 30, 1968; Amended by Laws 1982, HB 1137, c. 277, § 6, eff. October 1, 1982; Amended by Laws 1993, HB 1823, c. 147, § 9, eff. September 1, 1993; Amended by Laws 1997, HB 1213, c. 133, § 406 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 297, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2001, SB 397, c. 437 § 13, emerg. eff. July 1, 2001 (superseded document available); Amended by Laws 2016, HB 2751, c. 221, § 19, eff. November 1, 2016 (superseded document available); Amended by Section 9, State Question 780, Initiative Petition 404, adopted at election held November 8, 2016, effective July 1, 2017 (superseded document available); Amended by Laws 2018, HB 2281, c. 116, § 15, eff. November 1, 2018 (superseded document available); Amended by Laws 2024, SB 1877, c. 176, § 1, eff. November 1, 2024 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 256, eff. January 1, 2026 (superseded document available); Amendment by Laws 2016, c. 221, § 19, repealed by Laws 2026, SB 1627, c. 12, § 64, emerg. eff. April 13, 2026 (superseded document available).

Citationizer® Summary of Documents Citing This Document
Cite Name Level
Oklahoma Court of Criminal Appeals Cases
 CiteNameLevel
 1977 OK CR 66, 560 P.2d 1015, STATE v. JOHNSTONCited
 1988 OK CR 78, 755 P.2d 91, MORNES v. STATECited
 1988 OK CR 258, 764 P.2d 1355, DEAN v. STATECited
 1992 OK CR 77, 843 P.2d 389, MILLER v. STATECited
 1977 OK CR 320, 572 P.2d 272, GRIMMETT v. STATECited
 1977 OK CR 332, 572 P.2d 569, WHITE v. STATECited
 1978 OK CR 11, 574 P.2d 1059, KNOWLTON v. STATECited
 1978 OK CR 84, 582 P.2d 1328, MILLER v. STATECited
 1979 OK CR 86, 599 P.2d 423, HOPKINS v. STATEDiscussed
 1974 OK CR 128, 524 P.2d 57, WILLIAMS v. STATECited
 2006 OK CR 31, 140 P.3d 557, STATE v. FRANKSCited
 2020 OK CR 19, 474 P.3d 894, STATE v. GREENOUGHCited
 1981 OK CR 41, 626 P.2d 1357, SMITH v. STATECited
 1969 OK CR 189, 455 P.2d 749, JONES v. STATEDiscussed
 1970 OK CR 167, 478 P.2d 926, MURE v. STATECited
 1973 OK CR 118, 507 P.2d 1267, JONES v. STATEDiscussed
 1998 OK CR 14, 953 P.2d 354, 69 OBJ 503, Walker v. StateDiscussed
 1976 OK CR 89, 549 P.2d 111, SIMMONS v. STATEDiscussed at Length
 1976 OK CR 187, 554 P.2d 36, WABAUNSEE v. STATECited
 1976 OK CR 305, 556 P.2d 1073, WARE v. STATECited
Oklahoma Jury Instructions- Criminal
 CiteNameLevel
 This Instruction Should be DeletedCited
Title 21. Crimes and Punishments
 CiteNameLevel
 21 O.S. 20M, Class C2 Criminal Offenses - PunishmentDiscussed
 21 O.S. 20N, Class D1 Criminal Offenses - PunishmentCited
 21 O.S. 20P, Class D3 Criminal Offenses - PunishmentCited
Title 22. Criminal Procedure
 CiteNameLevel
 22 O.S. 1401, Short TitleCited
 22 O.S. 1402, DefinitionsCited
Citationizer: Table of Authority
Cite Name Level
Oklahoma Session Laws - 2025
 CiteNameLevel
 2025 O.S.L. 486, 2025 O.S.L. 486, [HB 2104] - Classification of felony offensesCited
Oklahoma Session Laws - 2026
 CiteNameLevel
 2026 O.S.L. 12, 2026 O.S.L. 12, [SB 1627] - Criminal statutes duplicate sectionsCited
Title 21. Crimes and Punishments
 CiteNameLevel
 21 O.S. 1731, Larceny of Merchandise from Retailer or Wholesaler-Punishment-RecidivistsCited
 21 O.S. 1731, Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent ConvictionsCited
 21 O.S. 1731, 21 O.S. 1731, Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent ConvictionsCited
 21 O.S. 1731, 21 O.S. 1731, Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent ConvictionsCited
 21 O.S. 20M, Class C2 Criminal Offenses - PunishmentCited
 21 O.S. 20N, Class D1 Criminal Offenses - PunishmentCited
 21 O.S. 1731, Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent ConvictionsCited
 21 O.S. 20P, Class D3 Criminal Offenses - PunishmentCited
 21 O.S. 1731, Larceny of Merchandise from Retailer or Wholesaler - Punishment - Subsequent ConvictionsCited
 21 O.S. 421, Conspiracy - Definition - PunishmentCited
Title 22. Criminal Procedure
 CiteNameLevel
 22 O.S. 991f, RestitutionCited