Trespass after forbidden in Stillwater, Oklahoma is a crime with an odd name, but the crime is relatively straightforward. It is another way of talking about criminal trespass.
Trespass is entering another person’s property without their permission. Adding the element of “after forbidden” means that you are entering another person’s property after being notified that you are not allowed to enter.
Those “no trespassing” signs mean something under Oklahoma law.
What is Trespass After Forbidden?
Oklahoma defines trespass after forbidden as the malicious or willful entry onto another’s garden, yard, pasture, or field after being expressly forbidden to do so or without the permission of the owner or occupant. Okla. Stat. tit. 21 § 1835
The crime requires that the entry be malicious or willful. This may simply mean that you see the “no trespassing” sign and disregard it.
The law requires that the “no trespassing signs” be conspicuously posted at all entry points to the property, whether the property is fenced or unfenced. This can include roads, driveways, and paths.
On a large piece of property abutting a roadway, an owner can fulfill this requirement by nailing “no trespassing” signs on trees along the roadway in addition to posting it near the entrances to the property.
Trespass after forbidden is considered a misdemeanor offense in Oklahoma. If convicted, you could be fined up to $250 for a first offense.
Oklahoma has other laws protecting the land. For example, if you enter the property and create or attempt to create any damage, theft, or waste, you can end up with a fine of from $50 to $500 and spend between 30 days and 180 days in jail. Okla. Stat. tit. 21 § 1835
Entering another person’s pecan grove without permission is also criminal trespass. It carries a fine of $25.
Exceptions to Trespassing Laws
There are some people who can enter your property without permission and who are exempted from prosecution. For the most part, this includes safety and emergency personnel such as police officers, firefighters, emergency medical personnel, and public utility employees addressing an emergency that presents an imminent danger to health or safety.
In addition to emergency personnel, people who have a legitimate reason to enter another person’s property in the scope of performing their job duties are exempt. This includes:
- registered land surveyors;
- professional engineers;
- people making deliveries;
- door-to-door salespeople;
- professionals conducting polls or surveys (i.e. Census workers); and
- people attempting to sell their professional services.
Willfully entering another person’s pecan grove without prior consent, can also mean facing charges for trespass and can subject you to a fine in the amount of $25 just for entering. If you cause damage, theft, or waste, the crime is a misdemeanor. You could be fined up to $500, spend between 30 and 180 days in jail, or both.
Other Laws
Oklahoma values and protects its farm and ranch land in particular. Even if there are no postings, you may not enter property belonging to another that is used primarily for farming, ranching or forestry, without the express permission of the owner. Okla. Stat. tit. 21 § 1835.2
Penalties for breaking this law are harsher. A first offense conviction can carry a fine from $500 to $1,500. And you may be required to pay restitution for any damaged caused by you once you enter the property. So, if you go hunting on another’s person’s ranch and kill an animal you may be liable not only for the fine but also for the value of the animal.
Penalties escalate with subsequent offenses. You could face a fine from $1,500 to $2,500, 30 to 180 days of jail time, or both in addition to restitution. Okla. Stat. tit. 21 § 1835.2
Defenses to this crime often revolve around having permission to enter. This could include actual permission, implied permission, or legal authority (exempted safety workers) to be on the property. Implied permission is implicitly granted or implied by the facts and circumstances of a case. Your attorney can help you determine if this defense is available to you.
Having a reasonable belief that you have permission may be a defense as well. What is reasonable is determined by what a reasonable person might believe given the same circumstances that you faced.
If you are facing a charge of trespass after forbidden, you need the services of an experienced Stillwater criminal lawyer. Bring your questions and concerns to your attorney and get the law on your side.
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