No matter where you reside and whether you own property or not, understanding home trespassing laws is a very good idea.
Only by learning about your state’s trespassing laws will you gain the knowledge you’ll want to properly handle intruders in your house and other property, and to stop yourself from by accident trespassing on other people’s property while you’re away.
And while the laws regarding trespassing within the United States are largely similar, the trespass penalties and classification of the act can vary greatly from state to state.
Looking at Oklahoma, for instance, you might be very surprised to find out how many trespassing laws and all its many forms are contained in state statutes.
Most types of trespassing in Oklahoma are a misdemeanor, but that doesn’t suggest it isn’t a serious crime.
Fines might be substantial and even include a lengthy prison sentence. There is an awful lot to learn, but in this text we are going to do our greatest to let you know about crucial elements of trespassing laws in Oklahoma.
Overview of trespass law in Oklahoma
- Trespassing in Oklahoma is often a misdemeanor, although it may be a felony if trespassing on sensitive installations or areas.
- Oklahoma’s trespassing laws include what is often known as the Peeping Tom law.
- Oklahoma is a state with quite a few and really extensive intrusion laws. Make sure you study or seek the advice of a reliable lawyer to get a full understanding!
What constitutes trespassing in Oklahoma?
In Oklahoma, trespassing is broadly defined as intentionally or maliciously entering one other person’s land or property without the express consent of the owner of that property or other legal authority to achieve this.
In most states, trespassing might be graded or categorized depending on how grossly the intruder enters or stays in your property illegally.
But in Oklahoma, they’ve separate statutes for seemingly every conceivable number of trespass, and lots of of them are quite long and hard to read.
This article will discuss a few of them, but probably the most vital is 21-1438, which covers the intense offense of trespassing and a type of unlawfully entering a constructing or other structure with the intent to commit a felony or malicious misdemeanor.
Read it for yourself below, but only a reminder that this a part of the statute has been abbreviated for brevity, so be certain you take a look at the complete text:
21-1438. Entering a constructing or other structure with the intent to commit against the law, theft or malicious misconduct – Breaking in and entering a dwelling without permission.
A. Any one who, in circumstances aside from burglary, enters any constructing or a part of any constructing, booth, tent, warehouse, railroad automotive, ship or other structure or structure with the intent to commit against the law, theft or misdemeanor, commits a felony.
B. Any one who, without the intent to commit against the law therein, voluntarily and willfully breaks into and enters any constructing, trailer, vessel or other dwelling without the consent of the owner or occupant, except as permitted by law, is committing a misdemeanor.
Does Oklahoma require “No Trespassing” signs?
Yes, more often than not. While no trespassing signs are usually not strictly required for cover under Oklahoma law, it’s a excellent idea since the presence of no trespassing signs qualifies for more serious trespassing charges.
This is a very important consideration when you own a property and need to maintain intruders away, and something to take note on your personal travels – property trespassing is a foul idea!
A. Whoever willfully or maliciously enters one other’s garden, yard, pasture or field, expressly prohibited or without the consent of the owner or lawful user on the time such property is displayed, shall be found guilty of a misdemeanor and upon conviction shall be fined not greater than 200 and fifty dollars ($250.00); provided (continued)
B. Nothing on this act shall conflict with Section 5-202 or 6-304 of Title 29 of the Oklahoma Statutes.
Is a fence required to guard property?
No. Like signs, fencing just isn’t strictly required to guard property, nevertheless it is a very good idea.
One thing to take note if you’ve a big package to guard is that putting up signage works just as well or higher legally to qualify more serious trespassing charges as fencing, and signs are so much cheaper.
What other signs indicate “no trespassing”?
Nothing. While some states depend on laws commonly known as “purple paint” to mark property, Oklahoma just isn’t considered one of them. Real estate may only be published with special no-entry signs.
Keep in mind that while orange or purple slashes are commonly used as a convenient and comparatively discreet approach to mark property boundaries, they are usually not backed by law in the identical way as signage.
While many individuals may recognize these signs for what they’re, it won’t aid you when you’re doing all the things in your power to maintain intruders at bay.
Can Attorneys Ignore No Trespassing Signs?
No, technically not, but in practice they will do it in urban or suburban areas without much concern.
This is mostly considered bad practice and is frequently against the policy of firms that employ door-to-door salesmen or solicitors, but you’ll rarely see them legally punished for it.
However, the situation is a bit different in rural areas and no lawyer can ignore a locked fence or gate blocking access to your property.
Can trespassing lead to an arrest in Oklahoma?
Absolutely. Most types of trespassing are a misdemeanor in Oklahoma, and even a straightforward violation, but that doesn’t suggest the act is not a serious crime, and a few forms are literally a felony.
Even misdemeanors can easily lead to arrest, heavy fines and even prison sentences, so that is something to be taken seriously whether you are attempting to guard your property or attempting to avoid trespassing charges.
Can you sue someone for trespassing?
Yes, and you possibly can achieve this, especially within the case of repeated trespassing, if the trespassing is for one more crime, or if someone is trespassing to stalk or harass you or anyone else in your property.
If you might be coping with someone who’s brazen or a repeat offender or who has caused damage to your land or other property, it is best to definitely contact an attorney and see if you’ve cause to take the matter to court.
Special Intrusion Cases in Oklahoma
Oklahoma has many, many specific regulations covering specific forms of intrusion, all the things from intrusion on or in trains and railroad installations to intrusion and what are known as critical infrastructure facilities.
However, perhaps essentially the most significant special case of trespass codified within the Oklahoma statute is law 21-1171, the Peeping Law.
In short, attempting to look at someone where they’ve reasonable expectations of privacy, or recording them with any sort of electronic equipment, may end up in severe fines and imprisonment.
Included below are 21-1171 and 21-1365, each of that are abbreviated. Make sure you read them here, but you should definitely take a look at the complete statutes for these and lots of more within the books:
21-1171. Peeping Tom – Use of photographic, electronic or video equipment – Crimes and penalties – Definition.
A. Any one who is hiding, waiting or otherwise loitering within the vicinity of a personal dwelling, apartment constructing, other residence or within the vicinity of a locker room, dressing room, toilet or other place where the person has a legitimate expectation of privacy, with with the illegal and willful intent to look at, watch or have a look at any person in a secret manner, is guilty of a misdemeanor after conviction. The offender shall be liable to imprisonment within the county jail for a term not exceeding one (1) yr, or to a superb not exceeding five thousand dollars ($5,000.00), or to each the superb and imprisonment.
21-1365. Trespassing railroad trains is a misdemeanor.
Any person, aside from a railroad worker within the exercise of his duties, who, without the permission of a train conductor, rides or attempts to ride on any automotive, coach, locomotive or tender, on any railroad on this state, or on trains between cars, under cars, truss bars or trucks , in any freight automotive or on the platform of any baggage automotive, express automotive, mail automotive or any train in that state shall be guilty of a misdemeanor.