Oklahoma § 59-1350.6 - Prohibition of breaking and entering

§ 59-1350.6. Prohibition of breaking and entering

A. Notwithstanding any other provision of law, it shall be

unlawful for a bail enforcer to break into and enter the dwelling

house of any defendant or third party for purposes of recovery or

attempted recovery of a defendant either:

1. By forcibly bursting or breaking the wall, or an outer door,

window, or shutter of a window of such house or the lock or bolts of

such door, or the fastening of such window or shutter;

2. By breaking in any other manner, being armed with a weapon

or being assisted or aided by one or more persons then actually

present; or

3. By unlocking an outer door by means of false keys or by

picking the lock thereof, or by lifting a latch or opening a window.

B. A person violating the provisions of this section shall be

guilty of burglary in the first degree, a Class B2 felony offense,

and, upon conviction, punished as provided in Section 1436 of Title

21 of the Oklahoma Statutes. Provided, however, the offense and

penalty stated in this section shall not apply to a licensed bail

enforcer during an active attempt at recovery of a felony defendant

under the following conditions:

a.

the bail enforcer has first-hand or eyes-on knowledge

that the defendant entered the dwelling house during

an attempt to recover the defendant and the defendant

after reasonable request is refusing to surrender,

b.

the bail enforcer has first-hand or eyes-on knowledge

that the defendant is actually within the dwelling

house and after reasonable request is refusing to

surrender, or

c.

the bail enforcer has obtained knowledge confirming

beyond a reasonable doubt that the defendant is

actually within the dwelling house and after

reasonable request refuses to surrender.

For purposes of this subsection, "first-hand knowledge" means

information received from direct eye-witness testimony, actual

visual contact with and confirmed identification of the defendant by

a person who knows the defendant or resides at the dwelling house,

Oklahoma Statutes - Title 59. Professions and Occupations

or other factual evidence provided directly to the licensed bail

enforcer that confirms the identity and presence of the defendant

within the dwelling house.

The exceptions to the offense and penalty in this section shall

not limit or restrict another person within or without the dwelling

house, or owning the dwelling house, from taking any action in

response to or to defend a forced entry into such dwelling house,

including use of a firearm as may be authorized by law. The use of

an exception provided in this subsection by a licensed bail enforcer

shall be a fact to be determined by the district attorney in

considering whether to prosecute an offense under this section. Any

person exercising his or her right to respond or protect the

dwelling house or its occupants shall not be liable for injury to

another who was forcing entry into such dwelling house. An owner or

occupant of a dwelling house may seek damages to his or her property

in a civil action if such damage resulted from a forced entry by a

licensed bail enforcer.

Added by Laws 2013, c. 407, § 7, eff. Nov. 1, 2013. Amended by Laws

2025, c. 486, § 78, eff. Jan. 1, 2026.