Okla. Stat. tit. 68, § 68-212.1
This is the official text of Okla. Stat. tit. 68, § 68-212.1, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Definitions
Official statutory text
A. As used in this section, the term:
1. “Automated sales suppression device” or “zapper” means a
software program, carried on a memory stick or removable compact
disc, accessed through an Internet link, or accessed through any
other means, that falsifies the electronic records of electronic
cash registers and other point-of-sale systems, including, but not
limited to, transaction data and transaction reports;
2. “Electronic cash register” means a device that keeps a
register or supporting documents through the means of an electronic
device or computer system designed to record transaction data for
the purpose of computing, compiling, or processing retail sales
transaction data in whatever manner;
3. “Phantom-ware” means a hidden, preinstalled, or installed-
at-a-later-time programming option embedded in the operating system
of an electronic cash register or hardwired into the electronic cash
register that can be used to create a virtual second till or may
eliminate or manipulate transaction records that may or may not be
preserved in digital formats to represent the true or manipulated
record of transactions in the electronic cash register;
4. “Transaction data” includes items purchased by a customer,
the price for each item, a taxability determination for each item, a
segregated tax amount for each of the taxed items, the amount of
cash or credit tendered, the net amount returned to the customer in
change, the date and time of the purchase, the name, address, and
identification number of the vendor, and the receipt or invoice
number of the transaction; and
5. “Transaction reports” means a report documenting, but not
limited to, the sales, tax collected, media totals, and discount
voids at an electronic cash register that is printed on cash
register tape at the end of a day or shift, or a report documenting
every action at an electronic cash register that is stored
electronically.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 79
B. It shall be unlawful to willfully and knowingly sell,
purchase, install, transfer, or possess in this state any automated
sales suppression device or zapper or phantom-ware.
C. Any person convicted of a violation of subsection B of this
section shall be guilty of a felony and shall be punished by
imprisonment of not less than one (1) nor more than five (5) years,
a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or
both.
D. In addition to the criminal penalty provided in subsection C
of this section, any person violating subsection B of this section
shall be subject to an administrative fine of Ten Thousand Dollars
($10,000.00). Administrative fines collected pursuant to the
provisions of this subsection shall be deposited to the General
Revenue Fund.
E. The Tax Commission shall immediately revoke the sales tax
permit of a person who violated subsection B of this section. A
person whose license is so revoked shall not be eligible to receive
another sales tax permit issued pursuant to Section 1364 of Title 68
of the Oklahoma Statutes for a period of ten (10) years.
1. “Automated sales suppression device” or “zapper” means a
software program, carried on a memory stick or removable compact
disc, accessed through an Internet link, or accessed through any
other means, that falsifies the electronic records of electronic
cash registers and other point-of-sale systems, including, but not
limited to, transaction data and transaction reports;
2. “Electronic cash register” means a device that keeps a
register or supporting documents through the means of an electronic
device or computer system designed to record transaction data for
the purpose of computing, compiling, or processing retail sales
transaction data in whatever manner;
3. “Phantom-ware” means a hidden, preinstalled, or installed-
at-a-later-time programming option embedded in the operating system
of an electronic cash register or hardwired into the electronic cash
register that can be used to create a virtual second till or may
eliminate or manipulate transaction records that may or may not be
preserved in digital formats to represent the true or manipulated
record of transactions in the electronic cash register;
4. “Transaction data” includes items purchased by a customer,
the price for each item, a taxability determination for each item, a
segregated tax amount for each of the taxed items, the amount of
cash or credit tendered, the net amount returned to the customer in
change, the date and time of the purchase, the name, address, and
identification number of the vendor, and the receipt or invoice
number of the transaction; and
5. “Transaction reports” means a report documenting, but not
limited to, the sales, tax collected, media totals, and discount
voids at an electronic cash register that is printed on cash
register tape at the end of a day or shift, or a report documenting
every action at an electronic cash register that is stored
electronically.
Oklahoma Statutes - Title 68. Revenue and Taxation Page 79
B. It shall be unlawful to willfully and knowingly sell,
purchase, install, transfer, or possess in this state any automated
sales suppression device or zapper or phantom-ware.
C. Any person convicted of a violation of subsection B of this
section shall be guilty of a felony and shall be punished by
imprisonment of not less than one (1) nor more than five (5) years,
a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or
both.
D. In addition to the criminal penalty provided in subsection C
of this section, any person violating subsection B of this section
shall be subject to an administrative fine of Ten Thousand Dollars
($10,000.00). Administrative fines collected pursuant to the
provisions of this subsection shall be deposited to the General
Revenue Fund.
E. The Tax Commission shall immediately revoke the sales tax
permit of a person who violated subsection B of this section. A
person whose license is so revoked shall not be eligible to receive
another sales tax permit issued pursuant to Section 1364 of Title 68
of the Oklahoma Statutes for a period of ten (10) years.
Status: in_force · Read it on the official government site
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