Burglary, Illegal Entry, and Criminal Trespass in Oklahoma

Oklahoma protects people and their property from intruders with the state's burglary, illegal entry, and criminal trespass laws.

What Is Burglary in Oklahoma?

Oklahoma defines burglary as (1) breaking and entering (2) into a building, structure, vessel, or vehicle (3) with the intent to commit a crime.

The prosecutor must prove all of the elements beyond a reasonable doubt to get a conviction for burglary. Without sufficient proof of each element, the prosecutor may secure a conviction for some other crime, such as trespass or attempted burglary, but not burglary.

In the past, burglary involved breaking and entering a home at night with the intent to commit a felony inside. Many states, including Oklahoma, have expanded burglary crimes beyond protecting only homes from felons breaking in at night. But some of these elements still come into play when it comes to potential penalties. For instance, burglary of a home or dwelling carries harsher penalties than burglary of an office building. Let's take a closer look at some of these definitions and the elements the government must prove.

Dwellings, Structures, Vehicles, and Vessels

A person can burglarize a dwelling, building, structure, vehicle, or vessel. A dwelling includes any house, trailer, boat, apartment, or other structure usually occupied for overnight accommodation. Buildings and structures describe commercial buildings, as well any room, booth, tent, trailer, or other structure in which property is kept. Vehicles and vessels can be cars, trucks, trailers, boats, or railroad cars.

Breaking and Entering

The breaking and entering element of the crime of burglary requires that the offender actually entered into a dwelling, structure, vehicle, or vessel without permission to do so.

Any part of a person's body entering the structure can qualify (such as reaching into a window). The law doesn't require a person's entire body to be inside the structure for the entry to occur.

Breaking includes any act of physical force, however slight, by which obstructions to enter are removed. Physically breaking a lock or door counts but so does lifting open an unlocked window. The level of force or means of entry may, however, impact the severity of the offense.

Intent to Commit a Crime

Proving burglary requires proving the defendant's state of mind at the time of entry into the dwelling, structure, vessel, or vehicle. To be convicted of burglary, the defendant must have decided to commit a crime (misdemeanor or felony) and then entered the building for that purpose. Importantly, the intended crime need not be completed; proof of entry and criminal intent are the only requirements for a conviction.

(Okla. Stat. tit. 21, §§ 1431, 1435 (2024).)

How Does Oklahoma Classify and Punish Burglary Crimes?

Oklahoma divides burglary crimes into several categories, with prison terms increasing according to the circumstances and severity of the crime.

Penalties for First-Degree Burglary

First-degree burglary occurs when a defendant breaks and enters an occupied dwelling with the intent of committing a crime by:

• forcibly bursting or breaking the wall, outer door or its locks, or window or its fastening
• breaking in any other manner, while being armed with a dangerous weapon or having an accomplice present, or
• unlocking an outer door using a false key, picking the lock, or opening a window.

Penalties include 7 to 20 years in prison.

Penalties for Second-Degree Burglary

An offender commits second-degree burglary by breaking and entering into:

• an unoccupied dwelling, or
• a structure or commercial building in which any property is kept.

For a conviction, the prosecutor must show the defendant broke in intending to steal property or commit a felony. An offender who commits second-degree burglary faces up to 7 years in prison.

Penalties for Third-Degree Burglary

A person commits third-degree burglary by breaking and entering into another's automobile, truck, trailer, or vessel, in which property is kept, and intending to steal any property inside or commit any felony. A guilty defendant is subject to up to 5 years in prison and a $5,000 fine.

Penalties for Burglary Involving Explosives

Penalties for burglary increase if the burglar had, used, or tried to use explosives to open or attempt to open a vault or safe while committing the offense. Such a defendant faces at least 20 years and up to 50 years in prison.

(Okla. Stat. tit. 21, §§ 1431, 1435, 1436, 1438, 1441 (2024).)

What Is the Penalty for Possession of Burglar's Tools in Oklahoma?

Oklahoma law prohibits possessing any dangerous offensive weapon or instrument, pick-lock, crow, key, or another implement of burglary, with the intent to break and enter any building, vehicle, or structure and commit any felony therein. A first-time offender is guilty of a misdemeanor and faces up to one year in jail and a $500 fine.

However, if the defendant previously received a conviction for burglary and possesses or transports any combination of three or more specified burglar's tools (bolt cutters, punches, pry bar, sledgehammer, or chisel), the result will be a felony conviction. Such a conviction brings with it up to two years of incarceration and a $1,000 fine.

(Okla. Stat. tit. 21, §§ 9, 10, 1437, 1442 (2024).)

What Is Illegal Entry in Oklahoma?

Illegal entry is a "catch-all" crime that includes:

• breaking and entering any building, booth, tent, warehouse, railroad car, vessel, or other structure without the intent to commit a crime, or
• entering any building, booth, tent, warehouse, railroad car, vessel, or other structure with the intent to commit a felony, larceny, or malicious mischief.

Such an offender is guilty of a misdemeanor, punishable by up to one year in jail and a $500 fine.

(Okla. Stat. tit. 21, §§ 10, 1438 (2024).)

What Is Criminal Trespass in Oklahoma?

A person commits trespass by knowingly entering onto private property without the authority to do so or by remaining on property after being told to leave. Trespass differs from burglary in that trespass protects more property and generally doesn't require intent to commit a crime upon entry. Instead, an unlawful entry qualifies as trespass.

Penalties vary according to the type of property involved. For example, unlawful entry onto land used for farming or ranching incurs a fine of at least $500 (and up to $1,500) and restitution for any damages caused while on the land, at least 30 days (and up to six months) in jail, or both. Penalties increase for second and subsequent convictions.

Trespassing on property containing a critical infrastructure facility, such as a water treatment facility or oil refinery, constitutes a misdemeanor and subjects the offender to up to six months in jail and a $1,000 fine. If the trespasser intended to willfully damage, destroy, vandalize, tamper with equipment, or impede operations of the facility, the person is guilty of a felony and faces up to one year of imprisonment and a $10,000 fine.

(Okla. Stat. tit. 21, §§ 1792, 1835, 1835.2 (2024).)

Talk to a Lawyer

If you've been charged with burglary, criminal trespass, or a related crime, consult a local criminal defense attorney. A knowledgeable attorney can review the unique facts of your situation and advise you on how the law will apply to your case.