Oklahoma § 21-1835 - Trespass on posted property after being forbidden or

§ 21-1835. Trespass on posted property after being forbidden or

without permission - Penalties - Exceptions.

A. Whoever shall willfully or maliciously enter the garden,

yard, pasture or field of another after being expressly forbidden to

do so or without permission by the owner or lawful occupant thereof,

or a person failing to leave lodging establishment premises pursuant

to Section 508 of Title 15 of the Oklahoma Statutes, shall be deemed

guilty of trespass and upon conviction shall be punished by a fine

of not more than Two Hundred Fifty Dollars ($250.00); provided, that

this provision shall not apply to registered land surveyors and

registered professional engineers for the purpose of land surveying

in the performance of their professional services; and, provided

further, that anyone who willfully or maliciously enters any such

garden, yard, pasture or field, and therein commits or attempts to

commit waste, theft or damage shall be deemed guilty of a

Oklahoma Statutes - Title 21. Crimes and Punishments

misdemeanor and upon conviction shall be fined not less than Fifty

Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by

confinement in the county jail for not less than thirty (30) days

nor more than six (6) months, or both such fine and imprisonment.

1. This provision shall not apply to:

a.

peace officers as defined in Section 99 of this title,

b.

federal, state or local government employees engaged

in the performance of their duties,

c.

firefighters, emergency medical personnel or public

utility employees engaged in addressing an emergency

that presents an imminent danger to health, safety or

the environment in the performance of their duties, or

d.

parties engaged in oil and gas operations, which shall

include, without limitation, exploration, drilling,

production and sales activities, under authority of

mineral ownership, an oil and gas lease, seismic

agreement or permit, gas gathering, purchase,

transportation or treating contracts, Corporation

Commission or other lawful authority from persons

entitled to give the same;

2. The provisions of this section shall not prohibit:

a.

railroad employees and emergency equipment from

entering such land to restore rail service following

an accident, derailment or natural disaster,

b.

the entrance of utility employees or contractors while

acting in the scope of their employment, or

c.

employees or contractors of valid easement or license

holders while acting in the scope of their employment;

3. The following persons may enter such land of another unless

forbidden to do so, either orally or in writing, by the owner or

lawful occupier thereof:

a.

registered land surveyors and registered professional

engineers for the purpose of land surveying in the

performance of their professional services,

b.

persons making a delivery, selling a product or

service, conducting a survey or poll, working on

behalf of a candidate for political office, or

c.

persons who have a legitimate reason for entering and

who, immediately upon entering, seek to conduct

business.

B. Anyone who willfully or maliciously enters any such land of

another and commits or attempts to commit waste, theft or damage

shall be deemed guilty of a misdemeanor and upon conviction shall be

punished by imprisonment in the county jail for a term of not less

than thirty (30) days nor more than six (6) months, by a fine of not

less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00), or by both such fine and imprisonment.

Oklahoma Statutes - Title 21. Crimes and Punishments

C. No provisions of this section shall be construed to conflict

with Section 5-202 or 6-304 of Title 29 of the Oklahoma Statutes.

D. Whoever shall willfully enter the pecan grove of another

without the prior consent of the owner or occupant thereof to so do

shall be deemed guilty of trespass and upon conviction shall be

punished by a fine of not more than Twenty-five Dollars ($25.00);

provided, that anyone who willfully enters any such pecan grove and

therein commits or attempts to commit waste, theft or damage shall

be deemed guilty of a misdemeanor and upon conviction shall be

punished by a fine of not more than Five Hundred Dollars ($500.00),

or by imprisonment in the county jail for not more than six (6)

months, or by both such fine and imprisonment.

E. Whoever shall willfully or maliciously enter upon property

owned or managed by the Grand River Dam Authority without permission

shall be deemed guilty of misdemeanor trespass and upon conviction

shall be punished by a fine of not more than Two Hundred Fifty

Dollars ($250.00); provided, that this provision shall not apply to

registered land surveyors and registered professional engineers for

the purpose of land surveying in the performance of their

professional services; and, provided further, that anyone who

willfully or maliciously enters upon property owned or managed by

the Grand River Dam Authority without permission and therein commits

or attempts to commit waste, theft or damage shall be deemed guilty

of misdemeanor trespass and upon conviction shall be punished by a

fine of not less than Fifty Dollars ($50.00) nor more than Five

Hundred Dollars ($500.00), or by imprisonment in the county jail for

not less than thirty (30) days nor more than six (6) months, or by

both such fine and imprisonment.

F. Any person who shall willfully or maliciously enter the

grounds of the Governor's Mansion within the State Capitol Park, as

defined in Section 1811.4 of Title 74 of the Oklahoma Statutes,

except at a place where entry to the property is normally expected,

shall be deemed guilty of a misdemeanor and upon conviction shall be

punished by a fine of not more than Five Hundred Dollars ($500.00),

or by imprisonment in the county jail for not less than thirty (30)

days nor more than six (6) months, or by both such fine and

imprisonment.

Added by Laws 1913, c. 51, p. 89, § 1. Amended by Laws 1923, c.

215, p. 377, § 1; Laws 1961, p. 234, § 1, emerg. eff. July 24, 1961;

Laws 1969, c. 229, § 1, emerg. eff. April 21, 1969; Laws 1983, c.

296, § 1, eff. Nov. 1, 1983; Laws 1999, c. 53, § 1, emerg. eff.

April 5, 1999; Laws 2011, c. 251, § 1, eff. Nov. 1, 2011; Laws 2021,

c. 442, § 1, eff. Nov. 1, 2021; Laws 2023, c. 159, § 2, eff. Nov. 1,

2023.