Charged with shoplifting in Oklahoma? The Urbanic Law Firm has successfully represented people throughout the state who have been charged with shoplifting. Get a free consultation—call 405-633-3420 or fill out this form. In this article, learn about how Oklahoma defines shoplifting, the penalties for shoplifting, civil penalties for shoplifting, what to do if arrested for shoplifting, frequently asked questions about shoplifting charges, collateral (secondary) consequences of shoplifting charges, important Oklahoma shoplifting cases, and shoplifting in the news.
Definition of Shoplifting in Oklahoma
Oklahoma defines shoplifting as the larceny of merchandise held for sale in retail or wholesale establishments. It’s officially called “larceny of merchandise from a retailer or wholesaler.” This crime is frequently charged by municipalities, rather than the state. Cities where shoplifting charges are common are Oklahoma City, Edmond, Norman, and Moore. If you’re charged with shoplifting by a city, then the punishments in this article do not apply to you. You’ll need to check the municipal code to see what your possible punishment is.
“Merchant” means an owner or operator of any mercantile establishment, and includes the merchant’s employees, servants, security agents, or other agents;
“Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale.
“Unemancipated minor” means any unmarried person under 18 under direct supervision and care of the parent or legal guardian of the minor.
“Emancipated minor” means any person under 18 who is married and/or not under direct supervision and care of the parent or legal guardian of the minor.
Penalties for Shoplifting in Oklahoma
| # of Conviction | Property Value | Type of Crime | Jail/Prison | Fine |
|---|---|---|---|---|
| 1st or 2nd | < $1,000 | Misdemeanor | up to 30 days jail | $10-$500 |
| 3rd+ | < $1,000 | Misdemeanor | Up to 1 yr jail | ≤ $1,000 |
| Any | ≥ $1,000 & < $2,500 | Felony | Up to 2 yrs prison | ≤ $1,000 |
| Any | ≥ $2,500 & < $15,000 | Felony | Up to 5 yrs prison | ≤ $1,000 |
| Any | ≥ $15,000 | Felony | Up to 8 yrs prison | ≤ $1,000 |
When three or more separate shoplifting offenses are committed within a 180-day period, the value of the property involved in each shoplifting offense may be aggregated to determine the total value for purposes of determining the appropriate punishment.
If you engage in shoplifting in concert with at least one other person, you will be liable for the aggregate value of all items taken by all individuals. You can also be charged with conspiracy, which is a felony.
Civil Penalties for Shoplifting in Oklahoma
There are also civil liabilities that apply to shoplifting. These are covered by 21 O.S. § 1731.1. If you shoplifted, then you’re liable in a civil action for either: 1) the retail price of the merchandise if it is unsalable or 2) the percentage of the diminished value of the merchandise due to the conversion—together with attorney fees and court costs.
An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner, seller, or merchant and with the intention of converting such goods, wares, or merchandise to his or her own use without having paid the purchase price of those things, is liable in a civil action for the retail price of the merchandise if it’s unsalable or the percentage of the diminished value of the merchandise due to the conversion together with attorney fees and court costs.
The parent or legal guardian having custody of an unemancipated minor who shoplifts is liable in a civil action for either: 1) the retail price of the merchandise if it is unsalable or 2) the percentage of the diminished value of the merchandise due to the conversion—plus attorney fees and court costs.
An adult, emancipated minor, or unemancipated minor against whom judgment is rendered for shoplifting may also be required to pay exemplary damages. In lieu of the exemplary damages, any adult, emancipated minor, or unemancipated minor against whom a judgment for exemplary damages has been rendered may be required to perform public services designated by the court. In lieu of the exemplary damages, any adult, emancipated minor, or unemancipated minor against whom a judgment for exemplary damages has been rendered may be required to perform public services designated by the court. However, you must perform at least the number of hours of such public service necessary to satisfy the damages assessed by the court at the federal minimum wage prevailing in the state at the time of judgment, but in no case less than $50 nor more than $500.
The provisions of the shoplifting statute are in addition to criminal penalties and other civil remedies. There is limitation on merchants or other persons from electing to pursue criminal penalties and other civil remedies, so long as a double recovery does not result. The law does not limit merchants from pursuing both civil and criminal remedies. You can be charged by both the state as well as have a pending civil case by the merchant; however, the merchant will not be entitled to no more than the amount that was stolen. If the merchant wins in civil court and you are also ordered to pay restitution by the criminal court, then you will only have to pay the merchant up to the value of the goods you shoplifted. Note that you can win your criminal case yet still have to pay restitution. This is because the merchant can still go after you in civil court. The burden of proof is much lower in a civil court than it is in a criminal court. The civil action for this must commence within two years after the violation occurred.
What to do if arrested for shoplifting in Oklahoma
Understand the Charges and Potential Consequences – In Oklahoma, shoplifting (also referred to as “Petit Larceny” or “Larceny of Merchandise”) is usually treated as a misdemeanor. The penalties can include fines, probation, community service, restitution to the merchant, or possible jail time, especially for repeat offenses or high-value items.
Avoid Self-Incrimination – It’s important not to discuss the specifics of your case with anyone except your attorney. Statements made to store personnel, friends, or law enforcement can be used as evidence against you.
Seek Professional Legal Representation Immediately – Consult a defense attorney as soon as possible. Legal counsel will advise you on your options, negotiate with prosecutors to possibly reduce charges, arrange plea agreements, or work toward dismissal, deferred prosecution, or diversion programs.
Explore Diversion or Alternative Sentencing Options – Many jurisdictions offer diversion or deferred sentences, especially for first-time offenders. If eligible, this could include educational courses, community service, or a probationary period after which your charges might be dismissed and possibly expunged.
Preserve Evidence and Documents – Keep any paperwork regarding your charge, court dates, notices, and, if applicable, subpoenas or citations.
Frequently asked questions about Oklahoma shoplifting charges
What’s going to happen after I’ve been arrested or charged with shoplifting?
- Typically, after being arrested or charged, you’ll either be given a citation with a court date or taken into custody and processed. The prosecution will review your case details and determine the charges. At your initial court appearance (arraignment), you’ll learn the charges and have the option of pleading guilty, not guilty, or no contest. You’ll strongly benefit from consulting an attorney beforehand to understand your rights and options clearly.
Is there a way for me to keep this off my criminal record in Oklahoma?
- Yes, Oklahoma courts often have provisions like deferred sentencing or diversion programs for first-time, non-violent offenders. Completing such programs may lead to dismissal of charges and eligibility for record expungement. We can explore these options and advocate on your behalf.
Should I just plead guilty and accept the charges?
- No, you should not plead guilty or make any formal decisions before speaking with an attorney. Once you plead guilty, your ability to negotiate reduced charges, alternative sentencing, or diversion programs drastically diminishes. We will evaluate evidence and discuss your best course of action moving forward.
Can I get my shoplifting charge expunged from my record later?
- In Oklahoma, after successfully completing certain types of deferred judgments or diversion programs, you might become eligible to expunge your arrest and/or court records. Eligibility depends on the circumstances (e.g., completion of probation, dismissal of charges, or passage of a specified waiting period). An attorney can help assess eligibility and guide you through the expungement process.
Collateral (secondary) consequences of an Oklahoma shoplifting charge or conviction
Employment Issues
- Background Checks: A shoplifting conviction will appear on background checks, negatively affecting your ability to secure employment, especially in jobs requiring trust, managing money, or merchandise.
- Licensing and Certifications: Professional licensing boards or regulatory agencies may deny, suspend, or limit licenses due to criminal convictions, particularly in fields like healthcare, education, law enforcement, banking, finance, or government positions.
Educational Opportunities
- Admissions Barriers: Having a shoplifting record can limit your chances for admission into colleges or graduate programs.
- Scholarships and Financial Aid: Eligibility for certain scholarships and financial aid may be restricted or denied due to a criminal record.
Housing
- Rental Applications: Many landlords routinely perform background checks, and a shoplifting conviction can result in denials, especially in competitive rental markets or federally subsidized housing programs.
Immigration Status
- Visa or Green Card: Non-citizens with a shoplifting conviction could face negative consequences, including difficulties renewing visas, denial of permanent residency (green card), or deportation/removal proceedings.
Civil Consequences
- Civil Demand Letters: Stores often send civil demand letters requesting separate monetary compensation or restitution associated with the shoplifting event. Even after resolving criminal charges, you might still face separate civil actions.
Reputation and Personal Relationships
- Social Stigma: A conviction can negatively impact your reputation, personal relationships, social life, and your standing in the community.
Limits on Rights and Privileges
- Loss of Firearms Rights: While generally linked closely to felony convictions, a misdemeanor involving theft or dishonesty could potentially impact certain firearm permit applications or other rights depending on circumstances.
- Future Legal Vulnerability: Prior convictions can lead to longer sentences or harsher penalties if you’re subsequently arrested or charged with future offenses.
How To Limit or Avoid These Consequences
- Diversion Programs & Deferred Sentencing: Oklahoma courts often offer programs or deferred sentences that can lead to dismissal of charges upon successful completion, preserving a clean record.
- Expungement: Under certain requirements, you might qualify later for record expungement in Oklahoma, removing the conviction and related records from background checks.
Working with an experienced criminal defense attorney increases your chances of minimizing these collateral consequences and protecting your future.
Important Shoplifting Case
Sources: 21 O.S. § 1731 and 21 O.S. § 1731.1
Current as of April 8, 2025. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.