Okla. Stat. tit. 63, § 63-4253: Crimes and penalties - Exceptions - Punishment for second

and subsequent offenses - Restitutions.

A. Any person who knowingly and with intent that a violation of

this section be committed:

1. Owns, operates, or conducts a chop shop;

2. Transports any vessel or motor or vessel or motor part to or

from a location knowing it to be a chop shop; or

3. Sells, transfers, purchases, or receives any vessel or motor

or vessel or motor part either to or from a location knowing it to

be a chop shop,

upon conviction, is guilty of a Class C1 felony offense, punishable

by imprisonment as provided for in subsections B through E of

Section 20L of Title 21 of the Oklahoma Statutes, or by a fine of

not more than One Hundred Thousand Dollars ($100,000.00), or both

such imprisonment and fine.

B. Any person who knowingly alters, counterfeits, defaces,

destroys, disguises, falsifies, forges, obliterates, or knowingly

removes a hull identification number, manufacturer's serial number

or other identification number with the intent to misrepresent the

identity or prevent the identification of a vessel or motor or

vessel or motor part, upon conviction, is guilty of a Class C2

felony offense, punishable by imprisonment as provided for in

subsections B through F of Section 20M of Title 21 of the Oklahoma

Statutes, or by a fine of not more than One Hundred Thousand Dollars

($100,000.00), or both such imprisonment and fine.

C. 1. Any person who buys, disposes, sells, transfers, or

possesses a vessel or motor or vessel or motor part, with knowledge

that the hull identification number, manufacturer's serial number or

other identification number of the vessel or motor or vessel or

motor part has been altered, counterfeited, defaced, destroyed,

disguised, falsified, forged, obliterated, or removed, upon

conviction, is guilty of a Class D1 felony offense, punishable by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by a fine of not more

than Fifty Thousand Dollars ($50,000.00), or both such imprisonment

and fine.

2. The provisions of paragraph 1 of this subsection shall not

apply to a vessel or motor scrap processor who, in the normal legal

course of business and in good faith, processes a vessel or motor or

vessel or motor part by crushing, compacting, or other similar

methods, provided that any hull identification number,

manufacturer's serial number or other identification number is not

removed from the vessel or motor or vessel or motor part prior to or

during any such processing.

3. The provisions of paragraph 1 of this subsection shall not

apply to any owner or authorized possessor of a vessel or motor or

vessel or motor part which has been recovered by law enforcement

authorities after having been stolen or where the condition of the

hull identification number, manufacturer's serial number or other

identification number of the vessel or motor or vessel or motor part

is known to or has been reported to law enforcement authorities. It

shall be presumed that law enforcement authorities have knowledge of

all hull identification numbers, manufacturer's serial numbers or

other identification numbers on a vessel or motor or vessel or motor

part which are altered, counterfeited, defaced, disguised,

falsified, forged, obliterated, or removed, when law enforcement

authorities deliver or return the vessel or motor or vessel or motor

part to its owner or authorized possessor after it has been

recovered by law enforcement authorities after having been reported

stolen.

D. A person commits an attempt when, with intent to commit a

violation proscribed by subsection A, B or C of this section, the

person does any act which constitutes a substantial step toward the

commission of the violation proscribed by subsection A, B or C of

this section, and upon conviction is guilty of a Class C2 felony

ed by law enforcement authorities after having been reported

stolen.

D. A person commits an attempt when, with intent to commit a

violation proscribed by subsection A, B or C of this section, the

person does any act which constitutes a substantial step toward the

commission of the violation proscribed by subsection A, B or C of

this section, and upon conviction is guilty of a Class C2 felony

offense, punishable by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes, or by

a fine of not more than Fifty Thousand Dollars ($50,000.00), or both

such imprisonment and fine.

E. A person commits conspiracy when, with an intent that a

violation proscribed by subsection A, B or C of this section be

committed, the person agrees with another to the commission of the

violation proscribed by subsection A, B or C of this section, and

upon conviction is guilty of a Class D3 felony offense, punishable

by imprisonment as provided for in subsections B through F of

Section 20P of Title 21 of the Oklahoma Statutes, or by a fine of

not more than Twenty-five Thousand Dollars ($25,000.00), or both

such imprisonment and fine. No person may be convicted of

conspiracy under this section unless an act in furtherance of such

agreement is alleged and proved to have been committed by that

person or a coconspirator.

F. A person commits solicitation when, with intent that a

violation proscribed by subsection A, B or C of this section be

committed, the person commands, encourages, or requests another to

commit the violation proscribed by subsection A, B or C of this

section, and upon conviction is guilty of a Class D3 felony offense,

punishable by imprisonment as provided for in subsections B through

F of Section 20P of Title 21 of the Oklahoma Statutes, or by a fine

of not more than Ten Thousand Dollars ($10,000.00), or both such

imprisonment and fine.

G. A person commits aiding and abetting when, either before or

during the commission of a violation proscribed by subsection A, B

or C of this section, with the intent to promote or facilitate such

commission, the person aids, abets, agrees or attempts to aid

another in the planning or commission of the violation proscribed by

subsection A, B or C of this section, and upon conviction is guilty

of a Class D3 felony offense, punishable by imprisonment as provided

for in subsections B through F of Section 20P of Title 21 of the

Oklahoma Statutes, or by a fine of not more than Five Thousand

Dollars ($5,000.00), or both such imprisonment and fine.

H. A person is an accessory after the fact who maintains,

assists, or gives any other aid to an offender while knowing or

having reasonable grounds to believe the offender to have committed

a violation under subsection A, B, C, D, E, F or G of this section,

and upon conviction is guilty of a Class D3 felony offense,

punishable by imprisonment as provided for in subsections B through

F of Section 20P of Title 21 of the Oklahoma Statutes, or by a fine

of not more than Five Thousand Dollars ($5,000.00), or both such

imprisonment and fine.

I. No prosecution shall be brought and no person shall be

convicted of any violation under this section, where acts of the

person, otherwise constituting a violation, were done in good faith

in order to comply with the laws or regulations of any state or

territory of the United States, or of the federal government of the

United States.

J. The sentence imposed upon a person convicted of any

violation of this section shall not be reduced to less than one (1)

year imprisonment for a second conviction of any violation, or less

than five (5) years for a third or subsequent conviction of any

violation of this section, and no sentence imposed upon a person for

a second or subsequent conviction of any violation of this section

es.

J. The sentence imposed upon a person convicted of any

violation of this section shall not be reduced to less than one (1)

year imprisonment for a second conviction of any violation, or less

than five (5) years for a third or subsequent conviction of any

violation of this section, and no sentence imposed upon a person for

a second or subsequent conviction of any violation of this section

shall be suspended or reduced, until such person shall have served

the minimum period of imprisonment provided for herein. A person

convicted of a second or subsequent violation of this section shall

not be eligible for probation, parole, furlough or work release. A

second conviction or any third or subsequent conviction of a

violation of this section shall be deemed a Class B3 felony offense.

K. 1. In addition to any other punishment, a person who

violates this section shall be ordered to make restitution to the

lawful owner or owners of the stolen vessel or motor or the stolen

vessel or motor part or parts, or to the owner's insurer to the

extent that the owner has been compensated by the insurer, and to

any other person for any financial loss sustained as a result of a

violation of this section.

Financial loss shall include, but not be limited to, loss of

earnings, out-of-pocket and other expenses, repair and replacement

costs and claims payments. "Lawful owner" shall include an innocent

bona fide purchaser for value of a stolen vessel or motor or stolen

vessel or motor part who does not know that the vessel or motor or

part is stolen; or an insurer to the extent that such insurer has

compensated a bona fide purchaser for value.

2. The court shall determine the extent and method of

restitution. In an extraordinary case, the court may determine that

the best interests of the victim and justice would not be served by

ordering restitution. In any such case, the court shall make and

enter specific written findings on the record concerning the

extraordinary circumstances presented which militated against

restitution.