Oklahoma Law on Petit Larceny

Petit Larceny is Small

To understand what constitutes petit larceny in Stillwater, Oklahoma, you have to understand larceny in general and the difference between grand larceny and petit larceny. These terms come originally from French and they mean large (grand) and small (petit).

Here is what you need to know.

Larceny in Stillwater

Oklahoma law defines larceny as the taking of another’s personal property by fraud or stealth, with the intent to deprive. Okla. Stat. tit. 21 § 1701

Grand larceny is defined by statute as either a taking of property worth in excess of $1,000, or the taking of property from another’s person’s body regardless of the value of the property taken. All other larceny is petit larceny. Okla. Stat. tit. 21 § 1704

In Stillwater, the prosecution must prove every element of a crime beyond a reasonable doubt. If an element goes unproven, there can be no conviction.

Here are the elements of petit larceny in Oklahoma:

taking;
carrying away;
personal property;
of another;
of value;
by fraud or stealth;
with the intent to deprive permanently.

OUJI-CR 5-94

The property must be carried away. It can be only a slight distance, but must be more than just a change in position. It is a movement for purposes of permanent relation away from the victim. OUJI-CR 5-106

Larceny is an intent crime. In order to be convicted, the prosecution must show that you had the intent to steal or permanently deprive the owner of the property.

Thus, if you borrowed an item with the intent to return it, this may be a viable defense against the crime.

What Petit Larceny Looks Like

We think of petit larceny as petty theft. This can be a typical pickpocketing of a phone or taking a wallet from a pocket with less than $1,000 in it. This is also one way to charge the crime of shoplifting.

As long as the crime of one of stealth and the property taken is worth less than $1,000, you would be charged with petit larceny in Oklahoma.

Furthermore, if you find property that gives you sufficient knowledge or means to determine the true owner and you keep that property instead of making a reasonable attempt to find the owner, you could be convicted of larceny. Okla. Stat. tit. 21 § 1702

Penalties

Petit larceny in Oklahoma is a misdemeanor crime. It is punishable by a fine of between $10 and $500, or imprisonment in the county jail for up to six months, or both.

All jail time is serious. If you are facing a charge for petit larceny in Oklahoma, bring your questions and concerns to an experienced Stillwater criminal defense attorney.