Okla. Stat. tit. 21, § 21-1731v1

Punishment - Recidivists.

Larceny of merchandise held for sale in retail or wholesale

establishments shall be punishable as follows:

1. For the first 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 defendant shall

be guilty of a misdemeanor and shall be punished 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 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. If it be shown, in the trial of a case in which the value of

the goods, edible meat or other corporeal property is less than One

Thousand Dollars ($1,000.00), that the defendant has been once

before convicted of the same offense, the defendant shall, on a

second conviction, be guilty of a misdemeanor and shall be punished

by imprisonment in the county jail for a term of not less than

thirty (30) days nor more than one (1) year, and by a fine not

exceeding One Thousand Dollars ($1,000.00);

3. If it be shown, upon the trial of a case where the value of

the goods, edible meat or other corporeal personal property is less

than One Thousand Dollars ($1,000.00), that the defendant has two or

more times before been convicted of the same offense, regardless of

the value of the goods, edible meat or other corporeal personal

Oklahoma Statutes - Title 21. Crimes and Punishments Page 796

property involved in the first two convictions, upon the third or

any subsequent conviction, the defendant shall be guilty of a felony

and shall be punished by imprisonment in the custody of the

Department of Corrections for a term of not less than two (2) nor

more than five (5) years; and

4. In the event the value of the goods, edible meat or other

corporeal property is One Thousand Dollars ($1,000.00) or more, the

defendant shall be guilty of a felony and shall be punished by

imprisonment in the custody of the Department of Corrections for a

term of not less than two (2) years nor more than five (5) years.

The defendant shall also be subject to a fine of not more than Five

Thousand Dollars ($5,000.00) and ordered to provide restitution to

the victim as provided in Section 991a of Title 22 of the Oklahoma

Statutes.