OUJI-CR 5-94


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:

First, taking;

Second, carrying away;

Third, personal property;

Fourth, of another;

Fifth, of value;

Sixth, by fraud/stealth;

Seventh, with the intent to deprive permanently.


Statutory Authority: 21 O.S. 2001, §§ 1701, 1704.

Committee Comments

The elements of the crime of petit larceny are identical to the elements of grand larceny with the exception of the fifth element. Section 1704 sets out two facts - value of more than $500, and taking from the person of another - that distinguish grand larceny from petit larceny, and then simply states that all other larceny is petit larceny. The property taken must have some value, and such value remains an element of proof. Holland v. State, 29 Okl. Cr. 69, 232 P. 454 (1925). Hence, if a prosecutor charges a defendant with petit larceny and the proof at trial indicates the property was actually valued at more than $500, a conviction for the misdemeanor of petit larceny is still appropriate. The defendant simply has been convicted of a lesser crime than the proof might have sustained.

Although the Commission has realized that the common practice is to allege in a petit larceny charge that the property was valued at $500 or less, the allegation is not necessary.

(2003 Supp.)