OUJI-CR 5-103

LARCENY OF MERCHANDISE - ELEMENTS

No person may be convicted of larceny of merchandise unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, taking;

Second, carrying away;

Third, merchandise;

Fourth, from a retailer/wholesaler;

Fifth, with a value of (less than $1,000)/($1,000-$2,499.99)/($2,500-$14,999.99/($15,000 or more);

Sixth, by fraud/stealth;

Seventh, with the intent to deprive permanently.

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Statutory Authority: 21 O.S. Supp. 2019, § 1731.

Committee Comments

The Commission has interpreted the word "larceny" as used in section 1731 to have the same basic meaning as "larceny" under sections 1701 and 1704, except that the property taken must be merchandise. Since the crime is the larceny of merchandise from a retail or wholesale establishment, the Commission has used the terms "retailer" or "wholesaler" rather than "of another" in the fourth element.

(2019 Supp.)