Fraud crimes in Oklahoma include False Pretenses, Obtaining Property by Trick or Deception, False Or Bogus Checks/Drafts/Orders, Fraudulent Vehicle Lease or Rental by Bogus Check, and Defrauding Innkeeper, Hotel, Restaurant, etc. These are all theft in different forms.
Fraud in Oklahoma Defined
The general fraud statute is 15 O.S. § 58. It consists of the following acts, committed by a party to a contract, or with his or her connivance, with the intent to deceive another party to the contract, or to induce that party to enter into the contract:
- the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
- the positive assertion in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
- the suppression of that which is true, by one having knowledge or belief of the fact;
- a promise made without any intention of performing it; or
- any other act fitted to deceive.
Charged with fraud in Oklahoma? Get a free case consultation.
Source: 15 O.S. § 58
False Pretenses
False pretenses is defined as the obtaining from any person any money or property or obtaining the signature of any person to any written instrument with the intent to cheat or defraud another, designedly, by color or aid of any false token or writing, or other false pretense.
This crime is a misdemeanor if the value of the money or property obtained is less than $1,000. The maximum punishment in the county jail is one year. The maximum fine is three times the value of the money or property obtained.
This crime is a felony if the value of the money or property is $1,000 or more. The maximum punishment is three years in the Department of Corrections or one year in jail. The maximum fine is three times the value of the money or property obtained.
Charged with false pretenses in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 1542
Obtaining Property by Trick or Deception
It is illegal to obtain or attempt to obtain any money, property, or valuable thing from any person, firm, or corporation with intent to cheat and defraud 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. Punishment is as follows:
| Property Value | Type of Crime | Jail/Prison | Fine |
|---|---|---|---|
| < $1,000 | Misdemeanor | Up to 1 yr jail | ≤ $1,00 |
| ≥ $1,000 & < $2,500 | Felony | Up to 2 yrs prison or 1 yr jail | ≤ $5,000 |
| ≥ $2,500 & < $15,000 | Felony | Up to 5 yrs prison or 1 yr jail | ≤ $5,000 |
| ≥ $15,000 | Felony | Up to 8 yrs prison | ≤ $10,000 |
Charged with obtaining property by trick or deception in Oklahoma? Get a free case consultation.
Sources: 21 O.S. § 1541.1 & 21 O.S. § 1541.2
False Or Bogus Checks, Drafts, Or Orders
It’s illegal to make, draw, utter, or deliver two or more false or bogus checks, drafts, or orders. “False or bogus check or checks” includes checks or orders, including those converted to electronic fund transfer, which are not honored on account of insufficient funds of the maker to pay same or because the check or order was drawn on a closed account or on a nonexistent account when such checks or orders are given:
- in exchange for money or property;
- in exchange for any benefit or thing of value;
- as a down payment for the purchase of any item of which the purchaser is taking immediate possession, as against the maker or drawer thereof; or
- as payment made to a landlord under a lease or rental agreement.
The making, drawing, uttering, or delivering of a check, draft, or order, payment of which is refused by the drawee, is prima facie evidence of intent to defraud and the knowledge of insufficient funds in, or credit with, such bank or other depository; provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with the protest fees, within five days from the date the same is presented for payment; and provided, further, that the check or order is presented for payment within 30 days after same is delivered and accepted. A check offered for the purchase of goods or livestock that is refused by a drawee will not be considered to be an extension of credit by the seller of goods or livestock to the maker or drawer of the check. A check or order offered to a merchant in payment on an open account of the maker with the merchant means “a check or order given in exchange for a benefit or thing of value,” notwithstanding that the merchant may debit the account of the maker or impose other charges pursuant to applicable law in the event the check or order is not honored.
| Property Value | Type of Crime | Jail/Prison | Fine |
|---|---|---|---|
| > $500 & < $2,000 | Misdemeanor | Up to 1 yr jail or nights/weekends | ≤ $5,000 |
| ≥ $2,000 & < $2,500 | Felony | Up to 2 yrs prison or 1 yr jail | ≤ $5,000 |
| ≥ $2,500 & < $15,000 | Felony | Up to 5 yrs prison or 1 yr jail | ≤ $5,000 |
| ≥ $15,000 | Felony | Up to 8 yrs prison | ≤ $5,000 |
Charged with bogus checks in Oklahoma? Get a free case consultation.
Sources: 21 O.S. § 1541.3 & 21 O.S. § 1541.4
Fraudulent Vehicle Lease or Rental by Bogus Check
Leasing or renting any motor vehicle with the intent to cheat and defraud while paying the fees for such lease or rental by means of a false, bogus, or worthless check is illegal.
This crime is a misdemeanor if the value of the check is less than $1,000. The maximum punishment in jail is six months. The maximum fine is $500. This crime is a felony if the value of the worthless check is $1,000 or more. The maximum punishment in the Department of Corrections is seven years. The maximum fine is $500.
Charged with fraudulent vehicle lease or rental by bogus check in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 1521
Defrauding Innkeeper, Hotel, Restaurant, etc.
Obtaining food, lodging, services, or other accommodations at any hotel, inn, restaurant, boarding house, rooming house, motel, or auto camp with intent to defraud the owner or keeper is illegal.
This crime is a misdemeanor if the value of the food, lodging, services, or other accommodations is less than $1,000. The maximum fine is $500. The maximum punishment in county jail is three months. This crime is a felony if the value of the food, lodging, services, or accommodations is $1,000 or more. The maximum punishment in the Department of Corrections is five years.
It’s a misdemeanor to obtain shelter, lodging, or any other services at any apartment house, apartment, rental unit, rental house, or trailer camp, with intent to defraud the owner or keeper of that place. The maximum fine is $100. The maximum punishment in jail is three months.
Prima facie proof of the intent to defraud occurs when proof that such lodging, food, services, or other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or giving a check on which payment was refused, or leaving the hotel, inn, restaurant, boarding house, rooming house, motel, apartment house, apartment, rental unit or rental house, trailer camp, or auto camp, without payment or offering to pay for such food, lodging, services or other accommodation, or surreptitiously removing or attempting to remove baggage, or registering under a fictitious name. This statute does not apply where there has been an agreement in writing for delay in payment.
Charged with defrauding an innkeeper in Oklahoma? Get a free case consultation.
Source: 21 O.S. § 1503
Current as of March 29, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.
Arrested for a fraud crime in Oklahoma? Call Oklahoma fraud attorney Frank Urbanic in OKC for a free case consultation.