Okla. Stat. tit. 2, § 11-10
Anhydrous Ammonia - Equipment Tampering - Theft
Effective Apr 30, 2001Laws 2000, SB 902, c. 265, § 2, emerg. eff. June 1, 2000; Amended by Laws 2001, HB 1378, c. 146, § 92, emerg. eff. April 30, 2001 (superseded document available); Renumbered from 2 O.S. § 1715 by Laws 2001, HB 1378, c. 146, § 255, emerg. eff. April 30, 2001.
- A. Except for necessary repairs to anhydrous ammonia equipment conducted by a registered distributor, supplier, dealer, or the owner of the equipment or designee of the owner, it shall be unlawful for any person to tamper with or attempt to tamper with any anhydrous ammonia equipment, container, or storage device. Any person violating this provision shall, upon conviction thereof, be guilty of a felony punishable by imprisonment in the State Penitentiary for a term not exceeding five (5) years, by a fine of not more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
- B. "Tampering" for purposes of this section means any unauthorized adjustment, opening, removal, transfer, alteration, change, or interference with any part of the anhydrous ammonia equipment, container, or storage device.
- C. Theft of any amount of anhydrous ammonia shall be a felony punishable upon conviction thereof by imprisonment for not less than two (2) years nor more than ten (10) years in the State Penitentiary, by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
D. Any person who commits or attempts theft of anhydrous ammonia or who unlawfully tampers with or attempts to unlawfully tamper with any anhydrous ammonia equipment, container, or storage device, and as a result of unlawful conduct is injured shall be barred from commencing any civil action against the following persons:
- 1. Any owners of anhydrous ammonia or anhydrous ammonia equipment, containers, or storage devices;
- 2. Any persons responsible for the installation, repair, or operation of anhydrous ammonia equipment, containers, or storage devices;
- 3. Any person lawfully selling, transporting, transferring, or delivering anhydrous ammonia or anhydrous ammonia equipment, containers, or storage devices;
- 4. Any persons purchasing or storing anhydrous ammonia for agricultural purposes; or
- 5. Any persons operating anhydrous ammonia equipment or using anhydrous ammonia for agricultural purposes.
Laws 2000, SB 902, c. 265, § 2, emerg. eff. June 1, 2000; Amended by Laws 2001, HB 1378, c. 146, § 92, emerg. eff. April 30, 2001 (superseded document available); Renumbered from 2 O.S. § 1715 by Laws 2001, HB 1378, c. 146, § 255, emerg. eff. April 30, 2001.