Don’t Enter Oklahoma to Trespass
Trespassing is a misdemeanor in Oklahoma. Charges may lead to penalties and, depending on the specifics of the accused trespass, jail or prison time. Signage is no longer required by Oklahoma law as of November 1, 2021. Therefore, entering without authorization does not require the presence of a notice to be deemed trespassing. Oklahoma Laws, Title 21 § 1835. Whether the land is fenced or not, crossing someone else’s yards, gardens, or fields can result in a $250 fine.
A misdemeanor conviction may arise from trespassing and causing property damage, as well as from attempting to damage or steal from a posted property. Penalties can take the form of fines between $50 and $500, jail sentences between 30 and 180 days, or both. Oklahoma Laws, Title 21 § 1835. If you are facing a trespassing charge reach out now to an Oklahoma City criminal defense attorney.
Trespassing is Trespassing – Sign or Not
Again, trespassing signs are not necessary in Oklahoma, although some sites are specifically designated as off-limits even in the absence of them. Similarly, even if something is not posted, participating in specific actions on private property may still be trespassing. For example, trespassing laws in Oklahoma reserve pecan groves.
A $250 punishment may be incurred for entering a pecan grove without authorization. Taking pecans or causing any other kind of damage, theft, or waste in the grove may result in fines up to $500, 30- to 180-day prison sentences, or both.
Are you considering taking some wood for fuel from a field that isn’t used much else? Rethink your thoughts. In Oklahoma, cutting down previously cut timber or standing live wood is trespass under the chapter on malicious mischief. Traversing hedges, tree rows, or orchards can also be considered trespassing.
In Oklahoma, taking any product from someone else’s “freehold” is considered trespassing. Digging along public streets or roads, or removing stones or dirt from them, can result in charges of misdemeanor trespass in cities and municipalities.
You Can Be the Evidence
What then occurs if you are discovered on someone else’s property and there is no other reason for it? Being discovered on someone else’s property in Oklahoma is proof that you are there for leisure purposes. Recreational Trespass ATV riding, dirt biking, and off-road four-wheeling are popular sports. However, under Oklahoma’s recreational trespass legislation, off-roading on private property or driving on a private property owner’s wet, muddy roadways may result in charges of mud-bogging.
However, you can be prosecuted for recreational trespass without a car. Recreational trespass can also include littering, causing damage to private property, blocking roadways, or simply leaving gates open while engaging in leisure activities on private property. A conviction for recreational trespassing carries a maximum sentence of 10 days in prison and a fine of $250. A second infraction within a year carries a 20-day jail sentence. In addition to additional fines, a third or subsequent conviction carries a six-month jail sentence.
The stakes are increased when a car or other motor vehicle is driven carelessly on private property and puts other people in danger. Thereafter, prosecutors may charge aggravating recreational trespass. Aggravated recreational trespassing carries a $500 fine, up to one month in jail, or both.
Store Owners Might Keep You Out
According to Oklahoma law, if you have been found guilty of a crime on the property, such as stealing, vandalism, or disturbing the peace, a person managing the business, such as a shopkeeper or other professional, may prohibit you from entering the premises. The ban must be disclosed to you by the store.
You may be found guilty of trespassing if, after being informed, you knowingly enter the property or stay there after being told not to. The judge may fine you up to $250, put you in the county jail for up to 30 days, or both.
Call Now: Consult with an Oklahoma City Criminal Attorney
For answers to your questions about trespass laws in Oklahoma City or to explore criminal defense options with an experienced OKC criminal lawyer, call Wirth Law Office – Oklahoma City at 405-888-5400. The “Ask the Attorney” box at the top of this page is another way for you to submit a request.
