Library Theft - Tulsa Trial Attorneys
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First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.
Library Theft
Any person shall be guilty, upon conviction, of library theft who willfully:
1. Removes or attempts to remove any library material from the premises of a library facility without authority; or
2. Mutilates, destroys, alters or otherwise damages, in whole or in part, any library materials; or
3. Fails to return any library materials which have been lent to said person by the library facility, within seven (7) days after demand has been made for the return of the library materials. 21 O.S. 1739(B)
Library Theft Punishment
A person convicted of library theft shall be guilty of a misdemeanor and shall be subject to the fine and restitution provisions of this subsection but shall not be subject to imprisonment. The punishment for conviction of library theft shall be:
1. If the aggregate value of the library material is Five Hundred Dollars ($500.00) or less, by maximum fine of exceeding One Thousand Dollars ($1,000.00), or the offender shall make restitution to the library facility, including payment of all related expenses incurred by the library facility as a result of the actions of the offender, or both such fine and restitution; or
2. If the aggregate value of the library material is greater than Five Hundred Dollars ($500.00), by maximum fine of Ten Thousand Dollars ($10,000.00), or the offender shall make restitution to the library facility, including payment of all expenses incurred by the library facility as a result of the actions of the offender, or both such fine and restitution. 21 O.S. 1739(C)
“Library Facility” Definition
As used in this section:
"Library facility" means any:
a. public library; or
b. library of an educational, historical or eleemosynary institution, organization, or society; or
c. museum; or
d. repository of public or institutional records. 21 O.S. 1739(A)
“Library Material” Definition
"Library material" means any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, catalog cards or catalog records, electronic data processing records, computer software, artifacts, or other documentary, written or printed materials regardless of physical form or characteristics, belonging or on loan to, or otherwise in the custody of a library facility. 21 O.S. 1739(A)
“Demand” Definition
"Demand" means either actual notice to the possessor of any library materials or the mailing of written notice to the possessor at the last address of record which the library facility has for said person, demanding the return of designated library materials. If demand is made by mail it shall be deemed to have been given as of the date the notice is mailed by the library facility. 21 O.S. 1739(A)
Larceny - Definition
Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof. 21 O.S. 1701
Grand Larceny - Definition
Grand larceny is larceny committed in either of the following cases:
1. When the property taken is of a value of One Thousand Dollars ($1,000.00) or greater; or
2. When such property, although not of a value of One Thousand Dollars ($1,000.00) or greater, is taken from the person of another. 21 O.S. 1704
Grand Larceny - Elements
No person may be convicted of grand larceny unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1), taking;
(2) carrying away;
(3) personal property;
(4) of another;
(5) (valued at more than $500) / (from the person of another);
(6) by fraud/stealth;
(7) with the intent to deprive permanently. OUJI-CR 5-93
Grand Larceny - Punishment
Grand larceny is a felony punishable as follows:
1. If the value of the property is less than One Thousand Dollars ($1,000.00), the person shall be punished by imprisonment in the county jail for a maximum term of one (1) year or by incarceration in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, at the option of the court, or by a maximum fine of one Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
2. If the property is one or more firearms, the property is taken from the person of another, or the value of the property is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of two (2) years or in the county jail for a maximum term of one (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such imprisonment and fine;
3. In the event the value of the property is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of five (5) years or in the county jail for a maximum term of one (1) year, or by a maximum fine of One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or
4. If the value of the property is Fifteen Thousand Dollars ($15,000.00) or more, the person shall be punished by imprisonment in the custody of the Department of Corrections for a maximum term of eight (8) years, or by a maximum fine of one Thousand Dollars ($1,000.00), or by both such imprisonment and fine. 21 O.S. 1705
Petit Larceny - Definition & Punishment
Petit larceny is theft of another’s property in which the value is below the grand larceny limit.
Petit larceny shall be punishable by a minimum fine of Ten Dollars ($10.00) or a maximum of Five Hundred Dollars ($500.00), or imprisonment in the county jail not to six (6) months, or by both such fine and imprisonment, at the discretion of the court. 21 O.S. 1706
Petit Larceny - Elements
No person may be convicted of petit larceny unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) taking;
(2) carrying away;
(3) personal property;
(4) of another;
(5) of value;
(6) by fraud/stealth;
(7) with the intent to deprive permanently. OUJI-CR 5-94
More Larceny Charges and Issues to Know
Theft of Aircraft, Automobile Driven Vehicle, or Construction or Farm Equipment
Seizure and Forfeiture of Vehicles, Airplanes, and Other Property Used in Crime
Library Theft
Library Theft Litigation Expertise
Criminal defense charges in Oklahoma require an aggressive defense. No matter the charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending criminal charges, it is necessary to obtain representation quickly. Many times the best outcome is formulated and negotiated early in the process. The longer you wait to hire a criminal defense attorney the greater the stress and the greater the advantage to the prosecution.