Okla. Stat. tit. 21, § 21-1438
This is the official text of Okla. Stat. tit. 21, § 21-1438, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Entering building or other structure with intent to
Official statutory text
commit felony, larceny or malicious mischief - Breaking and entering
dwelling without permission.
A. Every person who, under circumstances not amounting to any
burglary, enters any building or part of any building, booth, tent,
warehouse, railroad car, vessel, or other structure or erection with
intent to commit any felony, larceny, or malicious mischief, is
guilty of a misdemeanor.
B. Every person who, without the intention to commit any crime
therein, shall willfully and intentionally break and enter into any
building, trailer, vessel or other premises used as a dwelling
without the permission of the owner or occupant thereof, except in
the cases and manner allowed by law, shall be guilty of a
misdemeanor.
C. Every person who, with the intent to commit a crime, enters
an area of a commercial business that is:
Oklahoma Statutes - Title 21. Crimes and Punishments Page 690
1. Commonly reserved for personnel of the commercial business
where money or other property is kept; or
2. Clearly marked with a sign or signs that indicates to the
public that entry is forbidden,
shall, upon conviction, be guilty of a misdemeanor punishable by
imprisonment in the county jail for a term of not more than one (1)
year, or a fine of not more than Five Hundred Dollars ($500.00), or
by both such fine and imprisonment. Any second or subsequent
conviction under the provisions of this subsection shall be a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term of not more than two (2) years, or by a fine
of not more than One Thousand Dollars ($1,000.00), or by both such
fine and imprisonment.
R.L. 1910, § 2618. Amended by Laws 1991, c. 92, § 1, emerg. eff.
April 23, 1991; Laws 2024, c. 340, § 1, eff. Nov. 1, 2024.
dwelling without permission.
A. Every person who, under circumstances not amounting to any
burglary, enters any building or part of any building, booth, tent,
warehouse, railroad car, vessel, or other structure or erection with
intent to commit any felony, larceny, or malicious mischief, is
guilty of a misdemeanor.
B. Every person who, without the intention to commit any crime
therein, shall willfully and intentionally break and enter into any
building, trailer, vessel or other premises used as a dwelling
without the permission of the owner or occupant thereof, except in
the cases and manner allowed by law, shall be guilty of a
misdemeanor.
C. Every person who, with the intent to commit a crime, enters
an area of a commercial business that is:
Oklahoma Statutes - Title 21. Crimes and Punishments Page 690
1. Commonly reserved for personnel of the commercial business
where money or other property is kept; or
2. Clearly marked with a sign or signs that indicates to the
public that entry is forbidden,
shall, upon conviction, be guilty of a misdemeanor punishable by
imprisonment in the county jail for a term of not more than one (1)
year, or a fine of not more than Five Hundred Dollars ($500.00), or
by both such fine and imprisonment. Any second or subsequent
conviction under the provisions of this subsection shall be a felony
punishable by imprisonment in the custody of the Department of
Corrections for a term of not more than two (2) years, or by a fine
of not more than One Thousand Dollars ($1,000.00), or by both such
fine and imprisonment.
R.L. 1910, § 2618. Amended by Laws 1991, c. 92, § 1, emerg. eff.
April 23, 1991; Laws 2024, c. 340, § 1, eff. Nov. 1, 2024.
Status: reserved · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.