A. Actions relating to theft, retail theft, or larceny shall be sufficient to constitute organized retail crime when two or more of the following circumstances occur: 1. The property taken is intended for resale; 2. Such property is taken by two or more persons acting jointly; 3. The persons taking the property do so while possessing tools of theft including, but not limited to, tag cutters, foil-lined bags, weapons, or other means of evading detection; 4. The persons taking the property attempt to exit through fire escapes, employee exits, or other non-public means of entry or exit; 5. The persons taking such property remove, destroy, deactivate, or knowingly evade any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing retail crime; 6. A person receives, purchases, or possesses retail merchandise for sale or resale knowing or believing the retail merchandise was stolen from a retail merchant; 7. The persons use a getaway driver or the motor vehicle of another person or a rented or stolen motor vehicle when committing retail crime; or 8. The persons use a paper, fraudulent, altered, or obstructed license plate, use a license plate meant for a different vehicle, or do not have any license plate. B. Any person found to be in violation of this section shall be punished as follows: 1. In the event the value of the property is 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 term not to exceed five (5) years or in the county jail for a term not to exceed one (1) year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine; or 2. 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 term not to exceed eight (8) years, or by a fine not to exceed One Thousand Dollars ($1,000.00), or by both such imprisonment and fine. C. The person shall also be ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.
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