2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §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 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.
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.