Understanding New Organized Retail Crime Laws in Oklahoma
Hey, I’m Tulsa criminal defense attorney Carl Birkhead. I’m an attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing criminal law for over eight years, and I want to help you make law easy by talking to you about one of the changes in the criminal statutes that’s coming up and is going to hit once the new year starts.
This one specifically talks about the, I always forget the name, the organized retail crime. Basically, what this means is it’s taking, you know, your larceny from a retailer, your theft statutes basically, and it’s carving out this new classification for organized retail crime. Not now, what does it mean when it says organized retail versus just you’re stealing a pack of gum?
Understanding Organized Retail Crime
There are a few factors to consider. One, are you working in concert with another person? I mean, are you tag teaming this? Like one’s being the lookout, one’s being the getaway driver, or one’s distracting the security guard. If you’re acting as a group and pulling an Ocean’s 11, that’s going to count under this new statute.
The other thing is if you intend to resell the property, if you’re not just stealing it because you really want that new Xbox, but because you’re actually going to go turn around and make a profit off of it, that counts in these situations.
If you are using non-public exits, like if you run through the fire escape as if you actually had an escape plan, or if you even are able to go through an employee entrance or exit, that counts because it’s showing thought, forethought, planning.
Actions That Constitute Organized Retail Crime
The other two or three classifications are, well, there are actually four. If you deactivate the anti-theft devices, you know, the little paint buttons that are on clothes and things like that, if you’re able to do that successfully, that’s going to count because it’s going to show that you’re skilled in this. You’re not just some amateur who’s messing around.
Which also means that if you’re using tools to help you with the burglary process or the larceny process, I should say, that’s going to count because it’s showing intent, it’s showing premeditation, it’s showing planning.
The last couple of things are going to be if you’re using a getaway driver, like if you specifically have a buddy outside waiting for you to just hop in the car and run away, that counts. And not just getaway driver, but if you’re using a rental car or using a car with fake tags or fake registration or cars that have obstructed tags, like the license plate is blurred out or taken off or messed up, anything to evade being able to be identified later while you’re committing this crime, it’s going to count.
Penalties and Legal Repercussions
And if you also, even if you’re not a part of the actual theft itself, but if you know your buddy’s going to Macy’s and he’s going to be coming back with some cool stuff and he wants to stash it at your house, that counts. Receiving that stolen property, knowing that it’s stolen, is going to count as well.
Why is this important? Because it’s a felony. It’s a felony under two classifications. If it is under $15,000, it’s up to, if it’s under or up to $15,000, it’s up to five years in prison. If it’s over $15,000, you’re looking at more prison time and an enhanced sentencing range.
Guys, this is serious. Oklahoma’s really trying to crack down on this specific type of crime. If you are already facing this charge, call me. We need to talk about it. If you pick up this charge after 2026 hits, call me because we really need to talk about it.
Your Next Step: Low-Cost Initial Strategy Session
I’m Oklahoma felony defense attorney Carl Birkhead. I’m with Wirth Law Office, and I want to help you make law easy. If you’re facing charges or have questions, don’t wait. Contact me today for a low-cost initial strategy session. Call 918-879-1681.
