{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1835.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1835.2","heading":"Trespass upon private land primarily devoted to","body":"farming, ranching or forestry - Exceptions - Affirmative defense.\n\nA. Notwithstanding the provisions of Section 1835 of this\n\ntitle, the following provisions apply to private land that is\n\nprimarily devoted to farming, ranching, or forestry purposes:\n\n1. Except as provided in this section, whoever willfully enters\n\nprivate land of another that is primarily devoted to farming,\n\nranching, or forestry purposes without permission by the surface\n\nowner, surface lessee, hunting lessee, or lawful occupant thereof\n\nshall be deemed guilty of trespass and, upon conviction thereof,\n\nshall be fined in any sum not less than Seven Hundred Fifty Dollars\n\n($750.00) nor more than Two Thousand Dollars ($2,000.00), and in\n\naddition, the court shall order restitution for actual damages\n\nincurred. Persons convicted of a second or subsequent offense under\n\nthis paragraph shall be guilty of a misdemeanor and shall be\n\npunished by a fine in any sum not less than One Thousand Five\n\nHundred Dollars ($1,500.00) nor more than Two Thousand Five Hundred\n\nDollars ($2,500.00), or by confinement in the county jail for not\n\nless than thirty (30) days nor more than six (6) months, or by both\n\nsuch fine and imprisonment, and in addition, the court shall order\n\nrestitution for actual damages incurred;\n\n2. The provisions of paragraph 1 of this subsection shall not\n\napply to peace officers as defined in Section 99 of this title or\n\nany federal, state, or local government employees engaged in the\n\nperformance of their duties, or to any firefighters, emergency\n\nmedical personnel, or public utility employees engaged in addressing\n\nan emergency that presents an imminent danger to health, safety, or\n\nthe environment in the performance of their duties, or to parties\n\nengaged in oil and gas operations, which shall include, without\n\nlimitation, exploration, drilling, production and sales activities,\n\nunder authority of mineral ownership, an oil and gas lease, seismic\n\nagreement or permit, gas gathering, purchase, transportation, or\n\ntreating contracts, Corporation Commission order, or other lawful\n\nauthority from persons entitled to give the same. The provisions of\n\nparagraph 1 of this subsection shall not prohibit railroad employees\n\nand emergency equipment from entering such land to restore rail\n\nservice following an accident, derailment or natural disaster; nor\n\nthe entrance of utility employees or contractors while acting in the\n\nscope of their employment; nor employees or contractors of valid\n\neasement or license holders while acting in the scope of their\n\nemployment;\n\n3. The following persons may enter such land of another unless\n\nforbidden to do so, either orally or in writing, by the owner or\n\nlawful occupier thereof: registered land surveyors and registered\n\nprofessional engineers for the purpose of land surveying in the\n\nperformance of their professional services, persons making a\n\ndelivery, selling a product or service, conducting a survey or poll,\n\nworking on behalf of a candidate for political office, or who\n\notherwise have a legitimate reason for entering and who, immediately\n\nupon entering, seek to conduct such business; and\n\n4. Anyone who willfully or maliciously enters any such land of\n\nanother and therein commits or attempts to commit waste, theft, or\n\ndamage shall be deemed guilty of a misdemeanor and, upon conviction\n\nthereof, shall be fined not less than One Thousand Dollars\n\n($1,000.00), or by confinement in the county jail for not less than\n\nthirty (30) days nor more than six (6) months, or by both such fine\n\nand imprisonment, and in addition, the court shall order restitution\n\nfor actual damages incurred. Persons convicted of a second or\n\nsubsequent offense under this paragraph shall be guilty of a\n\nmisdemeanor and shall be punished by a fine of not less than Two\n\nThousand Five Hundred Dollars ($2,500.00), or by confinement in the\nn\n\nthirty (30) days nor more than six (6) months, or by both such fine\n\nand imprisonment, and in addition, the court shall order restitution\n\nfor actual damages incurred. Persons convicted of a second or\n\nsubsequent offense under this paragraph shall be guilty of a\n\nmisdemeanor and shall be punished by a fine of not less than Two\n\nThousand Five Hundred Dollars ($2,500.00), or by confinement in the\n\ncounty jail for not less than thirty (30) days nor more than six (6)\n\nmonths, or by both such fine and imprisonment, and in addition, the\n\ncourt shall order restitution for actual damages.\n\nB. This section shall not be construed to prohibit acts that\n\nare permitted pursuant to Section 5-202 or 6-304 of Title 29 of the\n\nOklahoma Statutes.\n\nC. 1. It shall be an affirmative defense to prosecution under\n\nparagraph 1 of subsection A of this section that the accused had\n\nexpress or implied permission or legal authority to be on the\n\nproperty.\n\n2. If an accused reasonably believed he or she was upon\n\nproperty for which they had permission to be upon, it shall be an\n\naffirmative defense to prosecution under paragraph 1 of subsection A\n\nof this section that the accused had with him or her, on his or her\n\nperson, written permission from the surface owner, surface lessee,\n\nhunting lessee, or lawful occupant to be upon such person's land\n\nwhile the accused was upon any adjoining property. This defense\n\nshall not be available to the accused if:\n\na. the accused has previously pled guilty, nolo\n\ncontendere, or has been convicted of any act of\n\ntrespass or has been found civilly liable of any act\n\nof trespass, or\n\nb. the accused, while the accused was upon the adjoining\n\nproperty, does not have with him or her, on his or her\n\nperson, the written permission specified in this\n\nparagraph.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f79d901300ccabca3daf7bab06bbf7e60a3dc67356d06acd808b16120872e62b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1835.10","next":"us-ok/okla.-stat.-tit.-21-21-1835.3"},"notice":"GroundRules: Original legal text. Not legal advice."}