Trespassing in Oklahoma – What You Need to Know:
Oklahoma is a beautiful state with lots of nature to enjoy, but you need to be careful of how you do so, or you may be charged with trespassing. Trespassing in Oklahoma is a misdemeanor that can lead to fines, jail time, or both.
If you want to avoid this situation, or are already charged with this and need an Oklahoma Misdemeanor Defense Attorney, read on.
Posted Property
Oklahoma law defines trespassing as “willfully or maliciously” entering the “garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant…”
When such property is “posted” – if there are no-trespassing signs – the penalty is a fine of up to $250. Aside from the trespass itself, any act of waste, theft, or damage committed can lead to additional fines of between $50 to $500, jail time ranging between 30 days to six months, or some combination thereof.
Example language for no-trespasssing signs can include:
- “PROPERTY RESTRICTED”
- “POSTED – KEEP OUT”
- “KEEP OUT” or,
- “NO TRESPASSING”
Oklahoma law states these signs must be placed “conspicuously.” That means they should be posted at any entry ways to the property people may be reasonably expected to enter. Okla. Stat. tit. 21 § 1835
Unposted Property
There doesn’t, however, always need to be signs posted for unauthorized entry to result in trespassing charges. Trespassing is unlawful on certain unposted property.
There are several examples of unposted property, each of which carries a different monetary fine for trespassing:
- Pecan Groves – Entering a pecan grove without permission can result in a fine of up to $25
- Grand River Dam Authority – Entering property owned or managed by the Grand River Dam Authority can lead to a fine of up to $250
- Governor’s Mansion – Entering the Governor’s Mansion or its grounds without permission can lead to a fine of up to $500
As stated before, any acts of theft, waste or damage committed while entering these properties can bring additional fines of between $50 to $500, a 30-day-to-six-month jail sentence, or some combination thereof.
Implied Consent as a Possible Defense
Private property will often have no-trespassing signs. If those signs are posted and prominently displayed, you will have a hard time defending yourself from a charge of trespassing, as your presence was expressly forbidden.
The absence of such signs does not necessarily in itself imply consent for your presence on the property. However, a Tulsa Trespassing Defense Attorney can help you explore that as a possible defense in your case. Okla. Stat. tit. 21 § 1835.5
Recreational Trespass
Many people in Oklahoma enjoy off-roading with dirt bikes or ATVs. However, doing so on the wet, muddy roads of someone’s private property can be charged as “mud-bogging” under Oklahoma’s recreational trespass law. You don’t even need a vehicle to be charged with recreational trespassing – even leaving a gate open or littering is sufficient.
Penalties for recreational trespass include a fine of up to $250, 10 days in jail, or both. A second offense carries the same fine, plus 20 days in jail. Further offenses can lead to jail time of up to six months, plus more fines.
If you drive your vehicle on private property in a way that endangers others, you may be charged with an enhanced version of this offense called aggravated recreational trespass. This could result in a $500 fine, one year in jail, or both.
Shopkeeper Bans
According to Oklahoma law, if you have been convicted of a crime on the property such as shoplifting, vandalism, or disturbing the peace, a person such as a shopkeeper or any other professional who runs a business may bar you from entering the premises. The ban must be communicated to you by a shopkeeper.
If you willfully enter or remain on the property after being notified, you may be charged with trespass. The court may sentence you to up to 30 days in county jail, $250 in fines, or both.
Free Consultation With a Tulsa Trespass Defense Attorney
If you have more questions about trespassing in Oklahoma or find yourself charged with this offense, an Oklahoma trespass defense attorney from the Tulsa Criminal Defense Law Firm can help. Call (918) 256-3400 for a free consultation. You can also click “Start My FREE Consultation” if you prefer.