What is Criminal Trespass in Oklahoma?

Under Oklahoma Statutes §21-1835, when an individual willfully or maliciously enters or remains on a property without permission of the property owner, they commit criminal trespass. Trespassing in Oklahoma is typically a misdemeanor offense. Depending on the severity of the alleged offense, entering a restricted area may impact the offender's criminal record and result in fines, as well as potential imprisonment. For instance, if an individual goes across yards, gardens, or fields in which “NO TRESPASSING” is posted, it may result in a $250 fine.

Similarly, damaging property while trespassing or entering a posted property with the intent to steal may result in a misdemeanor charge or a more severe charge, depending on the extent of the damage. Per Okla. Stat. §21-1835, this attracts fines ranging from $50 to $500, jail terms ranging from 30 to 180 days, or both.

Trespassing on an enclosed or cultivated land, such as a farm or orchard, enclosed or fenced land, and any other real property belonging to another person without consent is willful trespass. Under Okla. Stat. Section 21-1837.3, trespassing on sensitive or critical infrastructure, including power plants, water facilities, pipelines, and natural gas compression stations, is a serious offense that attracts enhanced penalties. Such a trespass is a felony offense, punishable with up to 5 years in prison and a $1,000 fine. A second offense may result in up to 10 years in prison and a fine of up to $10,000.

How to Look Up Public Criminal Trespass Records in Oklahoma

Under the Oklahoma Open Records Act, interested parties may request access to public records of criminal trespass. There are multiple avenues to look up trespass records. However, juvenile records are not publicly accessible.

Online

Interested parties may use the portal provided by the Oklahoma State Judiciary. Using this tool, they may conduct a name-based lookup and a lookup by case number. Record seekers are required to provide the name of the offender, the case number, and the location where the case was handled. Additionally, some third-party websites may provide access to criminal trespass records.

In Person

To access public criminal trespass records in person, record seekers must identify the court that handled the case. Court records are typically in the custody of the court clerk. Requesters should visit the clerk’s office with the necessary information that may facilitate the search process. These include the name of the offender, date of filing, and case number. They must also provide valid identification.

By Mail

To get public criminal trespass records by mail, record seekers may send a written request to the clerk of the court where the case was handled. Such a request should indicate the name and contact information of the requester, the name of the offender, the case number, and the date of filing. They may also be required to enclose a photocopy of their government-issued identification, a cheque/money order, and a stamped self-addressed envelope.

Types of Criminal Trespass Offenses

Generally, trespassing is charged as a misdemeanor offence in Oklahoma, attracting only a fine. However, certain aggravating or mitigating circumstances may mean that it would be charged differently. The common types of trespassing in Oklahoma are:

Entering Private Property without Authorization: If an individual enters the home, property, or business of another person without their consent, they may be charged with trespassing.

Refusing to Leave: If a property owner or police officer instructs an individual to vacate private property and they refuse, this may lead to a trespassing charge.

Trespassing on Agricultural Land or Ranch: Wandering around on ranches, farmland, or areas with livestock without permission is a serious offense, particularly when signs are posted against trespassing.

Trespassing on Government or Restricted Property: Entering government facilities or restricted installations without proper authorization may result in trespassing charges.

Hunting or Fishing on Private Property: Illegally hunting or fishing, or trying to conduct research on private property without consent, is trespassing.

Penalties for Criminal Trespass in Oklahoma

When an individual is charged with trespassing, the penalty given to them depends on the severity of the offense and other circumstances surrounding the trespass. This includes the presence or absence of a posting and a fence. Under Okla. Stat. § 21-1835, simple trespassing, which involves entering a person’s property without consent, is a misdemeanor offense that attracts a fine of up to $250 for the first offense. The second and third offenses are fined up to $500 and $1,500, respectively.

However, when an individual willfully trespasses on a posted or fenced property, it is a more serious offense. This is exemplified in the stipulated fines and jail time. For the first offense, the offender is fined up to $500, second offense attracts up to six months in jail and/or a $1,000 fine. For the third and subsequent violations, the offender faces up to one year in prison and/or a $2,500 fine.

In certain aggravated situations, trespassing may be charged as a felony offense. For instance, if an individual breaks into a dwelling or home with the intent to commit theft, vandalism, or any other crime, it may lead to a felony burglary charge. Similarly, trespassing on a critical infrastructure such as a water facility or power plant may be charged as a felony. The penalty for this is up to ten years in prison and a $25,000 fine.

Can You Be Arrested for Criminal Trespass in Oklahoma?

An individual who enters and remains on the property or dwelling of another without consent, and in a manner that raises concerns, has violated the property owner's right to security and safety. They are also in violation of section 21-1835. Consequently, if the property owner calls the police, or they are caught in the process, there is a high possibility that they would be arrested. The only condition under which they may not be arrested may be when it is under emergency or if it can be proven that they had received prior permission to be on the property.

In the event that surveillance footage reveals the incident, and it is established that they had a criminal intent upon entry, in addition to being arrested, they would face criminal charges, and possibly pay for any damages.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Oklahoma

Even though they may seem very similar, in terms of intent and legal consequences, trespass and burglary are quite different. Under Oklahoma Statutes Section 21-1438, breaking and entering occurs when an individual enters into a building or part of a building without authorization.

One key element of burglary is that the individual enters the building with the aim of committing a felony, theft, or malicious mischief. It also extends to situations wherein individuals break into and enter a place without permission, even when they do not have criminal intent. The penalty for breaking and entering is up to a year in jail and up to $500 fine.

As defined in Oklahoma Statutes Section 21-1835, trespassing, on the other hand, occurs when an individual willfully and deliberately enters or remains on another person’s property, such as a farm, field, or land, without permission. The individual may simply wander into another person’s land or ignore “no trespassing” posts. The penalty for a simple trespass is a $250 fine. However, if while trespassing, there was damage or theft, the penalty is enhanced to $500 fine and/or a jail term of 30 days to 6 months.

The key difference is the presence of intent to commit another crime and the nature of the entry. Also, breaking and entering usually happens in buildings or structures, often involving the use of force. As such, it is a more severe offense, as reflected in the charges and sentencing.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Oklahoma?

If the minimum standard required is not met, or any of the conditions necessary for a violation cannot be proven beyond a reasonable doubt, the criminal trespass charges against an individual may be dismissed. For instance, if there was no notice or signpost, or the evidence against the defendant is weak, the charge would be dismissed.

Under Oklahoma Statutes §12-2401, there is a provision for plea bargains. The offender may negotiate a plea deal and get more lenient terms in the form of either a deferred sentence, suspended sentence, reduced charge, or reduced sentence. Each alternative has legal consequences; therefore, the plea deal must be made voluntarily. The outcome of the agreement is binding on both the prosecutor and the offender.

During a plea bargain, for instance, the offender may get the charges reduced, so they may avoid jail and only have to pay a fine. They may also get a diversion, which they may expunge later from their criminal records.

Will an Oklahoma Criminal Trespass Charge Stay on Your Record?

In Oklahoma, criminal records remain on an individual’s record permanently. Most prospective employers, financial agencies, professional licensing agencies, and schools run background checks to find out if applicants have criminal histories. Such a record would be revealed when checked.

Similarly, the records of individuals who were considered for alternative sentencing measures, including diversion programs, community service, or deferred adjudication, would reflect such in their records during background checks.

However, the law in Oklahoma provides relief for qualifying individuals to have their records expunged. Under Oklahoma Statutes section 22-18, individuals who were found not guilty at trial, had charges against them dismissed immediately or after completing a deferred judgment, are qualified to have their conviction records expunged. They may request their criminal history report and file a petition with the court.

Criminal trespass offenders may qualify for expungement in Oklahoma if:

• They have completed the terms of their sentence, including any fines, restitutions, or community service.
• They were below 25 years when the incident occurred
• The mandatory waiting period has elapsed
• They have no pending criminal charges
• The original offense was not a violent felony

Expungement or Record Sealing Options in Oklahoma

In Oklahoma, sealing and expungement are used interchangeably. Expungement is the process by which criminal records are sealed and removed from public view, under 22 Okla. Stat. Ann. §18, Oklahoma law allows eligible individuals to have their records expunged. However, individuals who qualify must petition the court for expungement.

Some of the eligibility conditions for expungement in Oklahoma are:

• The individual must have completed the terms of their sentence, including probation
• The individual must have waited for the mandatory waiting period
• The offender must not have any pending charges
• The trespass charge must not have involved the use of lethal weapons or firearms