{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1350.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1350.6","heading":"Prohibition of breaking and entering","body":"A. Notwithstanding any other provision of law, it shall be\n\nunlawful for a bail enforcer to break into and enter the dwelling\n\nhouse of any defendant or third party for purposes of recovery or\n\nattempted recovery of a defendant either:\n\n1. By forcibly bursting or breaking the wall, or an outer door,\n\nwindow, or shutter of a window of such house or the lock or bolts of\n\nsuch door, or the fastening of such window or shutter;\n\n2. By breaking in any other manner, being armed with a weapon\n\nor being assisted or aided by one or more persons then actually\n\npresent; or\n\n3. By unlocking an outer door by means of false keys or by\n\npicking the lock thereof, or by lifting a latch or opening a window.\n\nB. A person violating the provisions of this section shall be\n\nguilty of burglary in the first degree, a Class B2 felony offense,\n\nand, upon conviction, punished as provided in Section 1436 of Title\n\n21 of the Oklahoma Statutes. Provided, however, the offense and\n\npenalty stated in this section shall not apply to a licensed bail\n\nenforcer during an active attempt at recovery of a felony defendant\n\nunder the following conditions:\n\na. the bail enforcer has first-hand or eyes-on knowledge\n\nthat the defendant entered the dwelling house during\n\nan attempt to recover the defendant and the defendant\n\nafter reasonable request is refusing to surrender,\n\nb. the bail enforcer has first-hand or eyes-on knowledge\n\nthat the defendant is actually within the dwelling\n\nhouse and after reasonable request is refusing to\n\nsurrender, or\n\nc. the bail enforcer has obtained knowledge confirming\n\nbeyond a reasonable doubt that the defendant is\n\nactually within the dwelling house and after\n\nreasonable request refuses to surrender.\n\nFor purposes of this subsection, \"first-hand knowledge\" means\n\ninformation received from direct eye-witness testimony, actual\n\nvisual contact with and confirmed identification of the defendant by\n\na person who knows the defendant or resides at the dwelling house,\n\nor other factual evidence provided directly to the licensed bail\n\nenforcer that confirms the identity and presence of the defendant\n\nwithin the dwelling house.\n\nThe exceptions to the offense and penalty in this section shall\n\nnot limit or restrict another person within or without the dwelling\n\nhouse, or owning the dwelling house, from taking any action in\n\nresponse to or to defend a forced entry into such dwelling house,\n\nincluding use of a firearm as may be authorized by law. The use of\n\nan exception provided in this subsection by a licensed bail enforcer\n\nshall be a fact to be determined by the district attorney in\n\nconsidering whether to prosecute an offense under this section. Any\n\nperson exercising his or her right to respond or protect the\n\ndwelling house or its occupants shall not be liable for injury to\n\nanother who was forcing entry into such dwelling house. An owner or\n\noccupant of a dwelling house may seek damages to his or her property\n\nin a civil action if such damage resulted from a forced entry by a\n\nlicensed bail enforcer.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"303d586270b8ac5b9997983d1303d549d5f65fe6dcf67d593c26b608281dd9b4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1350.5","next":"us-ok/okla.-stat.-tit.-59-59-1350.7"},"notice":"GroundRules: Original legal text. Not legal advice."}
