Oklahoma § 21-1438 - Entering building or other structure with intent to

§ 21-1438. Entering building or other structure with intent to

commit felony, larceny or malicious mischief - Breaking and entering

dwelling without permission.

A. Every person who, under circumstances not amounting to any

burglary, enters any building or part of any building, booth, tent,

warehouse, railroad car, vessel, or other structure or erection with

intent to commit any felony, larceny, or malicious mischief, is

guilty of a misdemeanor.

B. Every person who, without the intention to commit any crime

therein, shall willfully and intentionally break and enter into any

building, trailer, vessel or other premises used as a dwelling

without the permission of the owner or occupant thereof, except in

the cases and manner allowed by law, shall be guilty of a

misdemeanor.

C. Every person who, with the intent to commit a crime, enters

an area of a commercial business that is:

Oklahoma Statutes - Title 21. Crimes and Punishments

1. Commonly reserved for personnel of the commercial business

where money or other property is kept; or

2. Clearly marked with a sign or signs that indicates to the

public that entry is forbidden,

shall, upon conviction, be guilty of a misdemeanor punishable by

imprisonment in the county jail for a term of not more than one (1)

year, or a fine of not more than Five Hundred Dollars ($500.00), or

by both such fine and imprisonment. Any second or subsequent

conviction under the provisions of this subsection shall be a felony

punishable by imprisonment in the custody of the Department of

Corrections for a term of not more than two (2) years, or by a fine

of not more than One Thousand Dollars ($1,000.00), or by both such

fine and imprisonment.

R.L. 1910, § 2618. Amended by Laws 1991, c. 92, § 1, emerg. eff.

April 23, 1991; Laws 2024, c. 340, § 1, eff. Nov. 1, 2024.