Punishment Could Be Up to 5 Years of Imprisonment
Video Transcribed: Is shoplifting in the state of Oklahoma a felony? I’m James Wirth, an attorney in Tulsa, Oklahoma. That’s the question that we have. Is it a misdemeanor felony for there to be shoplifting?
That is law shoplifting, obviously. I would generally call it larceny of merchandise from a retailer, but there is a law against that in the state of Oklahoma. It can be found in Title 22, Section 1731. And it used to be that shoplifting, even if it were petty larceny, the first offense would be a misdemeanor. The second offense would be a misdemeanor. The third offense would be a felony. That was kind of an unusual crime to where the third offense is a felony. In many crimes, the second offense is a felony. Many crimes, it’s always a misdemeanor. This is one of the weird ones where it’s the third offense that is a felony.
However, that was no longer the case when criminal justice reform was done. I believe in 2018, that was changed and now petty larceny is always a misdemeanor. However, not all larceny merchandise from a retailer, shoplifting, is petty. Sometimes it is grand.
So in this case, if the value of the goods taken is a thousand dollars or more, it is a felony and it has a possibility of up to two years of imprisonment. If the value is over 2,500 up to 15,000, then it’s a felony and has even the potential for more time up to what looks like five years. And if it is more… Let’s see. If it is even more than that, it can go up to a potential of eight years in prison.
So, is shoplifting a felony? It depends on the value of the goods taken. If it’s a thousand dollars or more, it’s a felony. If it’s less than a thousand dollars, then it’s petty larceny and that is a misdemeanor on the first offense, 10th offense, and all offenses.
If you’ve got questions about being accused of a crime or criminal justice in the state of Oklahoma, or prosecution or procedure, you’re going to want to talk to a Tulsa criminal defense attorney about your specific circumstances, not just watch a video online. So, contact somebody at my office. Go online to makelaweasy.com.