In Oklahoma it is a Shoplifting Crime if you fail to scan merchandise at a retail store. Shoplift or larceny from a retailer is a far more common misdemeanor charge then many people realize. It’s a crime that ensnares people from all walks of life including professionals. It can even impact others who are normally unlikely to have involvement in this kind of activity. If you’re in Oklahoma and you’re wondering what exactly constitutes shoplifting and how it’s treated under the law, you’ll find some answers here. It’s important to understand Oklahoma shoplifting laws, especially given the consequences.
What Does Oklahoma Law Make Illegal?
According to Oklahoma Statutes Sections 1731v1 and 1731v2, a shoplifting crime means the larceny of merchandise from a retailer or wholesaler. This includes taking goods unlawfully without paying for them, which is always a criminal offense.
Have you ever been in a hurry at a store and used a self-checkout, and later realized you forgot to scan an item? You might be wondering if this could be shoplifting. Under the law, the intent to steal must be present for an act to be classified as shoplifting. If you unintentionally failed to scan an item, this might not constitute shoplifting. However, proving that it was an accident can sometimes be complex and subjective.
Penalties For Shoplifting
The penalties for shoplifting in Oklahoma vary based on the value of the stolen goods and your prior convictions. If the value of the items is less than $1,000 and it’s your first offense, it’s a misdemeanor, punishable by up to 30 days behind bars and a fine of up to $500. If more than one item is taken, the minimum fine increases to $50. For a second conviction, the penalties escalate to a maximum of one year in jail and a $1,000 fine.
If you’ve been convicted of shoplifting twice before, a third offense, regardless of the value of the stolen items, is considered a felony. This carries a sentence of two to five years in prison. Similarly, if the value of the goods is $1,000 or more, it’s automatically a felony, regardless of your criminal history, with similar prison time and a fine of up to $5,000.
There are a few additional nuances to be aware of. For instance, if you commit three or more offenses within a 90-day period, the total value of the goods can aggregate to determine the severity of the charge. Also, if you’re involved in shoplifting in concert with someone else, you could be liable for the total value of all items taken by all individuals involved.
It’s also important to note that under Oklahoma law, anyone convicted of shoplifting is required to pay restitution to the victim, as per Section 991f of Title 22 of the Oklahoma Statutes. This means you would have a legal obligation to compensate the retailer for their loss.
If You Accidentally Leave A Store Without Scanning An Item?
The best course of action is to return to the store and explain the situation. Most retailers understand honest mistakes, especially if you take immediate steps to rectify the error. However, if you find yourself accused of shoplifting, whether it was an honest mistake or a misunderstanding, it’s vital to understand your rights and consult with a criminal defense lawyer.
Remember, in a legal context, intent matters a great deal. Shoplifting charges often hinge on whether there was an intention to steal. If you unintentionally failed to pay for an item, this could be a key factor in your defense. But be aware that the burden of proof can be challenging. Retailers and law enforcement might assume intent based on the circumstances, like if you were observed concealing an item.
Check Out Our Tulsa Criminal Lawyers Blog
Tulsa Shoplifting Lawyers
A shoplifting crime in Oklahoma is a serious offense with significant legal repercussions. The law takes a strict stance on theft from retail and wholesale establishments, with penalties escalating based on the value of the stolen goods and the offender’s criminal history. If you’re facing a shoplifting charge, it’s advisable to consult with a criminal defense attorney who can help you manage your situation right. An attorney can provide guidance on the best course of action, whether it’s fighting the charge in court or seeking a plea bargain. Tulsa Criminal Lawyers Law Firm can provide assistance if you’re facing shoplifting charges in Oklahoma. Contact them at (918) 416-0358 or online for legal guidance tailored to your situation.