Property & Theft Crimes – 2018 Oklahoma Laws #9

This criminal justice reform bill affected the following laws: Delivery of Merchandise for Which Bill of Lading Issued; Embezzlement; False Personation – Receiving Money or Property Intended for Another; Obtaining Property by Trick or Deception – Attempt – False Representation or Pretense – Confidence Game; False or Bogus Checks, Drafts, or Orders; Sale, Delivery, or Receipt of Forged Notes or Instruments; Possession of Forged Notes or Instruments; Other Forged Instruments; Publishing Counterfeited Instruments or Coins as True; Larceny of Lost Property; Grand Larceny; Theft of Aircraft, Automobile, Automotive Driven Vehicle, or Construction or Farm Equipment; Receiving Stolen Property; Larceny of Merchandise from Retailer or Wholesaler (Shoplifting); Unauthorized Use of a Vehicle; Unauthorized Use of an Implement of Husbandry; Receiving or Disposing of a Vehicle; Receiving or Disposing of an Implement of Husbandry; and False Declaration of Ownership to a Pawnbroker. The changes went into effect November 1, 2018.

 

Delivery of Merchandise for Which Bill of Lading Issued

Any person carrying on the business of a warehouseman, wharfinger, or other depositary of property who delivers to another any merchandise for which any bill of lading, receipt, or voucher has been issued, unless such receipt or voucher bore upon its face the words “Not negotiable,” plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of delivery or unless, in the case of partial delivery, a memorandum thereof is endorsed upon such receipt or voucher, will be punished as follows:

Value of propertyType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $1,000
≥ $15,000FelonyUp to 8 years prison or 1 year jailUp to $1,000

Previously, a violation of this law was a felony regardless of the value of the property. The previous punishment was up to five years in prison, regardless of the value of the property.

 

Embezzlement

The punishment for embezzlement changed. The new punishments are as follows:

Value of Property EmbezzledType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jail or nights/weekendsUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $5,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prisonUp to $5,000
≥ $15,000FelonyUp to 8 years prisonUp to $10,000

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

False Personation – Receiving Money or Property Intended for Another

Any person who falsely personates another, and in such assumed character receives any money or property, that knowing it is intended to be delivered to the individual so personated, with intent to convert the same to his or her own use, or to that of another person who is not entitled to it, will be punished as follows:

Value of Money/PropertyType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jail or nights/weekendsUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $5,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $5,000
≥ $15,000FelonyUp to 8 years prisonUp to $10,000

Previously, this crime was a felony regardless of the value of the money or property.

 

Obtaining Property by Trick or Deception – Attempt – False Representation or Pretense – Confidence Game

It’s illegal to intend to cheat and defraud, obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing, by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the “confidence game”, or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin. The penalties for doing any of the above are:

Value of Money/PropertyType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $5,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $5,000
≥ $15,000FelonyUp to 8 years prisonUp to $10,000

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

False or Bogus Checks, Drafts, or Orders

Any person making, drawing, uttering or delivering two or more false or bogus checks, drafts or orders will be punished as follows:

Total Sum of ChecksType of CrimeJail/Prison TimeFine
> $500 and
< $2,000
MisdemeanorUp to 1 year jail or nights/weekendsUp to $5,000
≥ $2,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $5,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $5,000
≥ $15,000FelonyUp to 8 years prisonUp to $5,000

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

Sale, Delivery, or Receipt of Forged Notes or Instruments

Anyone who sells, exchanges or delivers for any consideration any forged or counterfeited promissory note, check, bill, draft, or other evidence of debt, or engagement for the payment of money absolutely, or upon any contingency, knowing the same to be forged or counterfeited, with intent to have the same uttered or passed, or who offers any such note or other instrument for sale, exchange or delivery for any consideration, with the like knowledge and intent, or who receives any such note or other instrument upon a sale, exchange or delivery for any consideration with the like knowledge and intent, will be punished follows:

Value of the InstrumentType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $1,000
≥ $15,000FelonyUp to 8 years prisonUp to $1,000

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

Possession of Forged Notes or Instruments

Anyone who, with intent to defraud, has in his or her possession any forged, altered or counterfeit negotiable note, bill, draft or other evidence of debt issued or purporting to have been issued by any corporation or company duly authorized for that purpose by the laws of this state or of any other state, government or country, the forgery of which is hereinbefore declared to be punishable, knowing the same to be forged, altered or counterfeited, with intent to utter the same as true or as false, or to cause the same to be so uttered, will be punished as follows:

Value of the InstrumentType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $1,000
≥ $15,000FelonyUp to 8 years prisonUp to $1,000

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

Other Forged Instruments

Anyone who has in his or her possession any forged or counterfeited instrument, the forgery of which is  punishable, other than such as are enumerated in other sections, knowing the same to be forged, counterfeited or falsely altered with intent to injure or defraud by uttering the same to be true, or as false, or by causing the same to be uttered, will be punished as follows:

Value of the InstrumentType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $1,000
≥ $15,000FelonyUp to 8 years prisonUp to $1,000

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

Publishing Counterfeited Instruments or Coins as True

Anyone who, with intent to defraud, utters or publishes as true any forged, altered or counterfeited instrument or any counterfeit gold or silver coin, the forging, altering or counterfeiting of which has previously been declared to be punishable, knowing such instrument or coin to be forged, altered or counterfeited, will be punished as follows:

Value of the InstrumentType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $1,000
≥ $15,000FelonyUp to 8 years prisonUp to $1,000

 

Larceny of Lost Property

Someone who finds lost property under circumstances that gives him or her knowledge or means of inquiry as to the true owner, and who appropriates such property to his or her own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just will be punished as follows:

Value of PropertyType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $500
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $1,000
≥ $15,000FelonyUp to 8 years prisonUp to $1,000

 

Grand Larceny

Grand Larceny is now when the value of the property taken is $1,000 or more. It’s also when property of any value is taken from the person of another. The change in law was very slight here. Previously, Grand Larceny occurred when the value of the property was over $1,000. Now, something valued at exactly $1,000 is Grand Larceny.

Value/Type of PropertyType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jail or weekends/nights in jailUp to $1,000
Firearm(s)FelonyUp to 2 years prison or 1 year jailUp to $1,000
Taken from the person of anotherFelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $1,000
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $1,000
≥ $15,000FelonyUp to 8 years prisonUp to $1,000

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

Receiving Stolen Property

Anyone who buys or receives, in any manner, upon any consideration, personal property that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause to believe that the property was stolen, embezzled, obtained by false pretense, or robbery, or anyone who conceals, withholds, or aids in concealing or withholding such property from the owner will be punished as follows:

Value of PropertyType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 6 months jail$0
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $500
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $500
≥ $15,000FelonyUp to 8 years prisonUp to $500

This law modified changes that went into effect from SQ 780. It lowered the maximum penalty and set up a tiered layer of punishment.

 

Theft of Aircraft, Automobile, Automotive Driven Vehicle, or Construction or Farm Equipment

Theft of an aircraft, automobile, or other automotive driven vehicle, construction equipment, or farm equipment is a felony. The maximum punishment in the custody of the Department of Corrections is five years if the value of the vehicle is less than $50,000. The range of punishment in the Department of Corrections is 3-10 years if the value of the vehicle is $50,000 or more. The maximum fine is an amount equal to three times the value of the property that was stolen but not more than $500,000.

 

Larceny of Merchandise from Retailer or Wholesaler (Shoplifting)

# of ConvictionValue of Item(s)Type of CrimeJail/Prison TimeFine
1st or 2nd< $1,000Misdemeanorup to 30 days jail$10-$500
3rd & Subsequent< $1,000MisdemeanorUp to 1 year jailUp to $1,000
Any≥ $1,000 and
< $2,500
FelonyUp to 2 years prisonUp to $1,000
Any≥ $2,500 and
< $15,000
FelonyUp to 5 years prisonUp to $1,000
Any≥ $15,000FelonyUp to 8 years prisonUp to $1,000

When three or more separate offenses under this law are committed within a 90-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 law. In the event someone engages in conduct that is a violation of this law in concert with at least one other individual, such person will be liable for the aggregate value of all items taken by all individuals. That person may also be subject to the penalties set forth under the conspiracy statute, which will be in addition to any other penalties provided for by law. Any person convicted pursuant to the provisions of this law will also be ordered to pay restitution to the victim. This law modified changes that went into effect from SQ 780. It raised the maximum penalty (just for property $15,000 and up) and set up a tiered layer of punishment.

 

Unauthorized Use of a Vehicle

Anyone not entitled to possession of a vehicle who, without the consent of the owner and with intent to deprive the owner, temporarily or otherwise, of the vehicle or its possession, takes, uses or drives the vehicle may now be imprisoned in the Department of Corrections for a term not to exceed two years.

 

Unauthorized Use of an Implement of Husbandry

It’s a felony for someone not entitled to possession of an implement of husbandry to, without the consent of the owner and with intent to deprive the owner, temporarily or otherwise, of the implement of husbandry or its possession, take, use, or drive the implement of husbandry. The range of punishment in the Department of Corrections is 1-5 years. The range of fine is $500-$5,000. Someone convicted of this crime when the offense occurred during a period when the driving privileges of the person were under suspension, revocation, cancellation, denial, or disqualification or the person had not been granted driving privileges by Oklahoma or any other state, will result in the doubling of the appropriate fine and the doubling of all court costs and all fees collected by the court on behalf of any other entity, unless waived by the court.

 

Receiving or Disposing of a Vehicle

It’s a felony for a person not entitled to the possession of a vehicle to receive, possess, conceal, sell, or dispose of it, knowing the vehicle to be stolen or converted under circumstances constituting a crime shall. The maximum punishment in the Department of Corrections is two years.

 

Receiving or Disposing of an Implement of Husbandry

It’s a felony for someone not entitled to the possession of an implement of husbandry to receive, possess, conceal, sell, or dispose of it, knowing the implement of husbandry to be stolen or converted under circumstances constituting a crime. The range of punishment in the Department of Corrections is 1-5 years. The range of fine is $500-$5,000. Someone convicted of this crime when the offense occurred during a period when the driving privileges of the person were under suspension, revocation, cancellation, denial, or disqualification or the person had not been granted driving privileges by Oklahoma or any other state, will result in the doubling of the appropriate fine and the doubling of all court costs and all fees collected by the court on behalf of any other entity, unless waived by the court.

 

False Declaration of Ownership to a Pawnbroker

Until SQ 780 went into effect, it was a felony to give a false declaration of ownership to a pawnbroker for any value of property. When SQ 780 went into effect, it was a felony for property valued at $1,000 or more. The statute disregarded property valued at less than $1,000. This change takes care of that hole by making it a misdemeanor to provide a false declaration of ownership to a pawnbroker for items valued at under $1,000. This law also changed SQ 780 by raising the maximum penalty (just for property valued at $15,000 and up) and set up a tiered layer of punishment. The new punishments for providing a false declaration of ownership to a pawnbroker are as follows:

Value of PropertyType of CrimeJail/Prison TimeFine
< $1,000MisdemeanorUp to 1 year jailUp to $500
≥ $1,000 and
< $2,500
FelonyUp to 2 years prison or 1 year jailUp to $500
≥ $2,500 and
< $15,000
FelonyUp to 5 years prison or 1 year jailUp to $500
≥ $15,000FelonyUp to 8 years prisonUp to $1,000

 

Sources: HB 2281, HB 3070, 21 O.S. §§ 1416, 1451, 1532, 1541.2, 1541.3, 1577, 1578, 1579, 1592, 1702, 1704, 1705, 1713, 1720, & 1731; 47 O.S. §§ 4-102, 4-103, & 17-102; and 59 O.S. § 1512

Arrested for a theft crime in Oklahoma? Call Oklahoma theft crime attorney Frank Urbanic at 405-633-3420.

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