Common Theft Crimes In Oklahoma

Common Theft Crimes In Oklahoma
Oklahoma has numerous theft crimes that focus on specific actions or property. Some of these are: False Declaration of Ownership to a Pawnbroker; Taking Oil, Gas, or Gasoline; Theft of Cable or Telecommunications Service; Larceny of Dog, Sheep, Goat, Horse, Jackass, Jennet, Mule, Cow, Hog, or Implement of Husbandry; Larceny of Domestic Fowl; Unlawfully Possessing a Stray Animal; and Larceny of Domesticated Fish and Game.

False Declaration Of Ownership To A Pawnbroker

Selling or pledging property to a pawnbroker using false or altered identification or a false declaration of ownership violates 59 O.S. § 1512. It is a felony if the value of the property is $1,000 or more.

The maximum punishment in the Department of Corrections is five years, and the maximum punishment in the county jail is one year. The maximum fine is $500.

If the property was acquired by means of robbery or burglary, the maximum punishment in the Department of Corrections is five years, and the maximum punishment in the county jail is one year. The maximum fine is $500. The value of the property does not matter.

It is a misdemeanor to fail to repay a pawnbroker the full amount received from a pawn or buy transaction after being officially notified by a peace officer that the goods pledged or sold in that transaction were stolen or embezzled. The maximum punishment in the county jail is six months. The maximum fine is $500. Voters approved a change to this statute on November 8, 2017 by passing SQ 780. The change went into effect on July 1, 2017.

SOURCE: 59 O.S. § 1512

Taking Oil, Gas, or Gasoline

It is a violation of 21 O.S. § 1722 to unlawfully take any crude oil or gasoline, or any product thereof, from any pipe, pipeline, tank, tank car, or other receptacle or container. It is also a crime to unlawfully take or cause to be taken any machinery, drilling mud, equipment, or other materials necessary for the drilling or production of oil or gas wells, with intent to deprive the owner or lessee thereof of that crude oil, gas, gasoline, or any product thereof, machinery, drilling mud, equipment, or other materials necessary for the drilling or production of oil or gas wells.

This crime is a misdemeanor if the value of the above-mentioned product is less than $1,000. The maximum punishment in the county jail is 60 days. The maximum fine is $500. This crime is a felony if the value of the above-mentioned product is $1,000 or more. The range of punishment in the Department of Corrections is one–ten years. The range of fine is $100–$50,000. Voters approved a change to this statute on November 8, 2017 by passing State Question 780. The change went into effect on July 1, 2017.

SOURCE: 21 O.S. § 1722

Theft Of Cable Or Telecommunications Service

It is illegal to:

  1. knowingly obtain or attempt to obtain cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service from another by means, artifice, trick, deception, or device without the payment to the operator of said service of all lawful compensation for each type of service obtained;
  2. knowingly assist or instruct any other person in obtaining or attempting to obtain cable, information, or telecommunications service of any type or kind including, but not limited to, cable television, telephony, internet, and data transmission service without the payment to the operator of all lawful compensations;
  3. knowingly tamper or otherwise interfere with or connect to by any means, whether mechanical, electrical, acoustical, or other means, any cables, wires, or other devices used for the distribution of cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service without authority from the operator of said service; or
  4. knowingly manufacture, import into Oklahoma, distribute, sell, offer for sale, rental, or use, possess for sale, rental, or use, or advertise for sale, rental, or use any device of any description, or any plan, or kit for a device, designed in whole or in part to facilitate the doing of any of the acts specified in the above paragraphs.

The existence on the property and in the actual possession of the accused, of: 1) any connection, wire, conductor, or any device whatsoever, which is connected in such a manner as would appear to permit the use of cable, information, or telecommunications service of any type or kind including, but not limited to, cable television, telephony, internet, and data transmission service without the same being reported for payment to and specifically authorized by the operator of the cable, information, or telecommunications service of any type or kind including but not limited to cable television, telephony, internet, and data transmission service or 2) the existence on the property and in the actual possession of the accused, in quantities or volumes suggesting possession for resale, of any device designed in whole or in part to facilitate the performance of any of the illegal acts mentioned in this statute will be prima facie evidence of intent to violate and of the violation of the provisions of this law.

This crime is a misdemeanor. The maximum punishment in the county jail is six months. The maximum fine is $1,000.

Any person who violates this law is liable to the franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider for the greater of the following amounts: 1) $2,500 or 2) three times the amount of actual damages, if any, sustained by the plaintiff, plus reasonable attorney’s fees.

Any franchised or otherwise duly licensed cable television system, information service provider, or other telecommunications service or equipment provider may bring an action to enjoin and restrain any violation of this law or an action of conversion, or both, and may in the same action seek damages as provided for above. It’s not a necessary prerequisite to an action pursuant to this law that the plaintiff has suffered, or be threatened with, actual damages.

SOURCE: 21 O.S. § 1737

Larceny Of Dog, Sheep, Goat, Horse, Jackass, Jennet, Mule, Cow, Hog, Or Implement Of Husbandry

All dogs are considered the personal property of their owner for all purposes. The taking of dogs is considered larceny. It is punishable in the same manner and to the same degree as in larceny of other personal property.

It is a felony to steal any dog, sheep, or goat. The range of punishment in the Department of Corrections is six months–three years. The maximum fine is up to three times the value of the animals that were stolen but not more than $500,000.

It is a felony to steal any horse, jackass, jennet, mule, cow, hog, or implement of husbandry. The range of punishment in the Department of Corrections is three–ten years. The maximum fine is three times the value of animals and machinery that were stolen but not more than $500,000. Each head of cattle stolen may constitute a separate offense and may be punishable as a separate violation.

The word “horse” includes all animals of the equine species, and the word “cow” includes all animals of the bovine species.

With regards to implements of husbandry, every device, whether it is self-propelled, designed and adapted to be used exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry and, in either case, not subject to registration if operated upon the highways. Implements of husbandry are as follows:

  • farm wagon type tank trailers of not over 1,200 gallons capacity, used during the liquid fertilizer season as field storage “nurse tanks” supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farms or field or from one farm or field to another;
  • trailers or semitrailers (except for those with an axle weight of 20,000 pounds or more, which is used to haul manure and operated on the public roads or highways) owned by a person engaged in the business of farming and used exclusively for transporting farm products to market or for the purpose of transporting to the farm material or things to be used thereon;
  • utility-type, all-terrain vehicles with a maximum curb weight of 1,500 pounds that are equipped with metal front or rear carrying racks when used for agricultural, horticultural or livestock-raising operations.

SOURCES: 21 O.S. § 1718, 21 O.S. § 1717, 21 O.S. § 1716, & 47 O.S. §1-125

Larceny Of Domestic Fowl

Per 21 O.S. § 1719, it is grand larceny to steal and carry away domestic fowl or receive domestic fowl knowing the fowl to be stolen. The value of the fowl(s) doesn’t matter. The maximum punishment in the Department of Corrections is five years. The maximum punishment in the county jail is two months. The maximum fine is $200.

SOURCE: 21 O.S. § 1719

Unlawfully Possessing A Stray Animal

According to 4 O.S. § 85.11, it’s illegal to take in and keep a stray animal without first making a reasonable investigation to ascertain the animal’s owner. The taker must report this taking to the county sheriff within seven days.

Violation of this law is a felony. If the stray is a dog, sheep, or goat, the range of punishment in the Department of Corrections is six months–three years. The maximum fine is up to three times the value of the animals that were kept but not more than $500,000.

If the stray is a horse, jackass, jennet, mule, cow, or hog, the range of punishment in the Department of Corrections is three–ten years. The maximum fine is three times the value of animals that were kept but not more than $500,000. Each head of cattle kept may constitute a separate offense and may be punishable as a separate violation.

SOURCES: 4 O.S. § 85.3, 4 O.S. § 85.11, & 21 O.S. § 1716

Larceny Of Domesticated Fish And Game

Domesticated fish or game is defined as all birds, mammals, fish, and other aquatic forms and all other animals, regardless of classifications, whether resident, migratory or imported, protected or unprotected, dead or alive. The definition extends to and includes every part of any individual species when such domesticated fish or game are not in the wild and are in the possession of a person currently licensed to possess such fish or game. “Taking” means the pursuing, killing, capturing, trapping, snaring and netting of domesticated fish or game or placing, setting, drawing or using any net, trap or other device for taking domesticated fish or game and includes specifically every attempt to take such domesticated fish or game. Any domesticated fish or game shall be considered the personal property of the owner.

It’s a crime to take any domesticated fish or game with the intent to deprive the owner of said fish or game. This crime is a misdemeanor if the current market value of the domesticated fish or game is less than $1,000. The maximum punishment in the county jail is 60 days. The maximum fine is $500. This crime is a felony if the current market value of stolen domesticated fish or game is $1,000 or more. The maximum punishment in the Department of Corrections is five years. Voters approved a change to this statute on November 8, 2017 by passing State Question 780. The change went into effect on July 1, 2017.

SOURCE: 21 O.S. § 1719.1

For more information on Common Theft Crimes In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.

Current as of: November 20, 2017