{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1731.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1731.1","heading":"Shoplifting - Civil liabilities - Public service in","body":"lieu of damages - Limitations - Jurisdiction.\n\nA. As used in this section:\n\n1. \"Merchant\" means an owner or operator of any mercantile\n\nestablishment, and includes the merchant's employees, servants,\n\nsecurity agents or other agents;\n\n2. \"Mercantile establishment\" means any place where merchandise\n\nis displayed, held or offered for sale, either at retail or\n\nwholesale;\n\n3. \"Unemancipated minor\" means any unmarried person under\n\neighteen (18) years of age under direct supervision and care of the\n\nparent or legal guardian of the minor; and\n\n4. \"Emancipated minor\" means any person under eighteen (18) who\n\nis married and/or not under direct supervision and care of the\n\nparent or legal guardian of the minor.\n\nB. An adult or emancipated minor who takes possession of any\n\ngoods, wares, or merchandise displayed or offered for sale by any\n\nwholesale or retail store or other mercantile establishment without\n\nthe consent of the owner, seller, or merchant and with the intention\n\nof converting such goods, wares, or merchandise to his own use\n\nwithout having paid the purchase price thereof, shall be liable in a\n\ncivil action for the retail price of the merchandise if it is\n\nunsalable or the percentage of the diminished value of the\n\nmerchandise due to the conversion together with attorney fees and\n\ncourt costs.\n\nC. The parent or legal guardian having custody of an\n\nunemancipated minor who takes possession of any goods, wares, or\n\nmerchandise displayed or offered for sale by any wholesale or retail\n\nstore or other mercantile establishment without the consent of the\n\nowner, seller, or merchant, and with the intention of converting\n\nsuch goods, wares, or merchandise to his own use without having paid\n\nthe purchase price thereof shall be liable in a civil action for the\n\nretail price of the merchandise if it is unsalable or the percentage\n\nof the diminished value of the merchandise due to the conversion\n\ntogether with attorney fees and court costs.\n\nD. An adult, emancipated minor or unemancipated minor against\n\nwhom judgment is rendered for taking possession of any goods, wares\n\nor merchandise displayed or offered for sale by any wholesale or\n\nretail store or other mercantile establishment without the consent\n\nof the owner, seller or merchant and with the intention of\n\nconverting such goods, wares or merchandise to his or her own use\n\nwithout having paid the purchase price thereof, may also be required\n\nto pay exemplary damages.\n\nE. In lieu of the exemplary damages prescribed by subsection D\n\nof this section, any adult, emancipated minor or unemancipated minor\n\nagainst whom a judgment for exemplary damages has been rendered\n\nhereunder may be required to perform public services designated by\n\nthe court; provided, that in no event shall any such person be\n\nrequired to perform less than the number of hours of such public\n\nservice necessary to satisfy the damages assessed by the court at\n\nthe federal minimum wage prevailing in the state at the time of\n\njudgment, but in no case less than Fifty Dollars ($50.00) nor more\n\nthan Five Hundred Dollars ($500.00).\n\nF. The provisions of this section are in addition to criminal\n\npenalties and other civil remedies and shall not limit merchants or\n\nother persons from electing to pursue criminal penalties and other\n\ncivil remedies, so long as a double recovery does not result.\n\nG. For the purpose of this section, liability shall not be\n\nimposed upon any governmental entity, private agency, or foster\n\nparent assigned responsibility for the minor child pursuant to court\n\norder or action of the Department of Human Services.\n\nH. Notwithstanding any other provision of law, a civil action\n\nor proceeding pursuant to this section may be commenced at any time\n\nwithin two (2) years after the conduct in violation of a provision\n\nof this section terminates or the cause of action accrues. If a\n, or foster\n\nparent assigned responsibility for the minor child pursuant to court\n\norder or action of the Department of Human Services.\n\nH. Notwithstanding any other provision of law, a civil action\n\nor proceeding pursuant to this section may be commenced at any time\n\nwithin two (2) years after the conduct in violation of a provision\n\nof this section terminates or the cause of action accrues. If a\n\ncriminal prosecution is brought by the state or by the United States\n\nto punish, prevent, or restrain any criminal action contained or\n\ndescribed in this section, the running of the period of limitations\n\nprescribed by this section shall be suspended during the pendency of\n\nsuch prosecution, action, or proceeding and for one (1) year\n\nfollowing its termination or conclusion.\n\nI. An action for recovery of damages, pursuant to this section,\n\nmay be brought in the small claims division of the district court\n\nwhere the damages sought are within the jurisdictional limits of the\n\ncourt, or in any other appropriate court.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ad87dfd5b1746366be744f05ed9d22a6f18edf677ecfd60e0e1298a845491af7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1731","next":"us-ok/okla.-stat.-tit.-21-21-1731.2"},"notice":"GroundRules: Original legal text. Not legal advice."}