Trespassing laws in Oklahoma may seem like a minor offense, but in Oklahoma City, it can carry significant legal consequences. Whether you accidentally step onto someone’s property or intentionally enter a restricted area, trespassing laws can impact your criminal record and lead to fines or even jail time. This article explains Oklahoma’s trespassing laws, whether they are a felony or a misdemeanor, and the punishments you may face if charged with this offense.

What Is Considered Trespassing in Oklahoma?

In Oklahoma, trespassing generally refers to entering another person’s property without permission or refusing to leave after being asked. Oklahoma law defines various forms of trespassing under 21 O.S. § 1835, which outlines different scenarios where a person may be found guilty of this offense.

Common Types of Trespassing in Oklahoma

1. Entering Private Property Without Permission – If you knowingly enter another person’s land, home, or business without their consent, you could be charged with trespassing.
2. Refusing to Leave – If a property owner or law enforcement officer asks you to leave private property and you refuse, it can result in a trespassing charge.
3. Trespassing on Agricultural or Ranch Land – Entering farmland, ranches, or areas with livestock without permission is a more serious offense, especially if the land is posted with “No Trespassing” signs or fenced.
4. Trespassing on Government or Restricted Property – Entering public buildings or restricted areas, such as government facilities, without authorization can result in criminal trespassing charges.
5. Hunting or Fishing Without Permission – Entering private property to hunt, fish, or gather natural resources without the owner’s consent is also considered trespassing.

Penalties for Trespassing in Oklahoma

The penalties for trespassing in Oklahoma depend on the severity of the offense and whether the property was posted with “No Trespassing” signs or fenced.

Misdemeanor Trespassing Charges

• General Trespassing (First Offense) – Under 21 O.S. § 1835, entering private property without permission is a misdemeanor, punishable by:
  • A fine of up to $250 for a first offense.
  • A fine of up to $500 for a second offense.
  • A fine of up to $1,500 for a third or subsequent offense.
• Trespassing on Posted or Fenced Property – If a person trespasses on land that is fenced or has posted “No Trespassing” signs, the penalties increase:
  • First offense: Up to $500 fine.
  • Second offense: Up to six months in jail and/or a $1,000 fine.
  • Third or subsequent offenses: Up to one year in jail and/or a $2,500 fine.

Felony Trespassing Charges

While most trespassing offenses in Oklahoma are misdemeanors, felony charges may apply in certain situations, such as:

• Breaking into a Dwelling or Building – If trespassing involves unlawfully entering a home or building with the intent to commit a crime (such as theft or vandalism), it can lead to felony burglary charges.
• Trespassing on Critical Infrastructure – Under 21 O.S. § 1792, entering areas such as power plants, water treatment facilities, or other restricted sites can result in a felony charge, punishable by up to ten years in prison and hefty fines.

Defenses to Trespassing Charges in Oklahoma

If you are charged with trespassing in Oklahoma, there are several possible defenses, including:

• Lack of Intent – If you did not knowingly enter private property or were unaware you were trespassing, this could serve as a defense.
• Consent from the Property Owner – If you had permission from the property owner or an authorized individual to be on the land, this could help in your case.
• No “No Trespassing” Signs – If the land was not fenced or posted with visible “No Trespassing” signs, you might argue that you did not knowingly trespass.
• Emergency Situations – If you entered the property to seek help during an emergency, this could be a valid defense.

What to Do If You Are Charged with Trespassing in Oklahoma

If you are charged with trespassing in Oklahoma, it is important to take the charge seriously. Even a misdemeanor conviction can lead to fines, jail time, and a criminal record that could impact your future. Here’s what you should do:

1. Remain Silent – Do not make any statements to law enforcement that could be used against you. Don’t be tricked in to making statements. When its time to talk you must have a lawyer present.
2. Do Not Consent to a Search – If you are detained or arrested, you are not required to consent to a search of your person or belongings. This is a 4th amendment right and if its violated you might have a defense.
3. Consult an Attorney – Never try to do this alone. Talk with and hire an attorney that specializes in criminal defense.

Trespassing Laws in Oklahoma

Trespassing Laws in Oklahoma can be serious and can cost you your freedom. Some possible punishment if you are convicted of this crime include fines and possible jail time, especially for repeat offenses or trespassing on restricted property. If you have been charged with trespassing, contact an experienced Oklahoma criminal defense attorney to protect your rights and build the best possible defense for your case. For a free and confidential consultation with an Oklahoma City criminal defense attorney at Kania Law – OKC Attorneys call 405. 367.8710. Or you can follow this link to ask an online legal question.