Okla. Stat. tit. 21, § 21-1835.2

farming, ranching or forestry - Exceptions - Affirmative defense.

A. Notwithstanding the provisions of Section 1835 of this

title, the following provisions apply to private land that is

primarily devoted to farming, ranching, or forestry purposes:

1. Except as provided in this section, whoever willfully enters

private land of another that is primarily devoted to farming,

ranching, or forestry purposes without permission by the surface

owner, surface lessee, hunting lessee, or lawful occupant thereof

shall be deemed guilty of trespass and, upon conviction thereof,

shall be fined in any sum not less than Seven Hundred Fifty Dollars

($750.00) nor more than Two Thousand Dollars ($2,000.00), and in

addition, the court shall order restitution for actual damages

incurred. Persons convicted of a second or subsequent offense under

this paragraph shall be guilty of a misdemeanor and shall be

punished by a fine in any sum not less than One Thousand Five

Hundred Dollars ($1,500.00) nor more than Two Thousand Five Hundred

Dollars ($2,500.00), or by confinement in the county jail for not

less than thirty (30) days nor more than six (6) months, or by both

Oklahoma Statutes - Title 21. Crimes and Punishments Page 841

such fine and imprisonment, and in addition, the court shall order

restitution for actual damages incurred;

2. The provisions of paragraph 1 of this subsection shall not

apply to peace officers as defined in Section 99 of this title or

any federal, state, or local government employees engaged in the

performance of their duties, or to any firefighters, emergency

medical personnel, or public utility employees engaged in addressing

an emergency that presents an imminent danger to health, safety, or

the environment in the performance of their duties, or to parties

engaged in oil and gas operations, which shall include, without

limitation, exploration, drilling, production and sales activities,

under authority of mineral ownership, an oil and gas lease, seismic

agreement or permit, gas gathering, purchase, transportation, or

treating contracts, Corporation Commission order, or other lawful

authority from persons entitled to give the same. The provisions of

paragraph 1 of this subsection shall not prohibit railroad employees

and emergency equipment from entering such land to restore rail

service following an accident, derailment or natural disaster; nor

the entrance of utility employees or contractors while acting in the

scope of their employment; nor employees or contractors of valid

easement or license holders while acting in the scope of their

employment;

3. The following persons may enter such land of another unless

forbidden to do so, either orally or in writing, by the owner or

lawful occupier thereof: registered land surveyors and registered

professional engineers for the purpose of land surveying in the

performance of their professional services, persons making a

delivery, selling a product or service, conducting a survey or poll,

working on behalf of a candidate for political office, or who

otherwise have a legitimate reason for entering and who, immediately

upon entering, seek to conduct such business; and

4. Anyone who willfully or maliciously enters any such land of

another and therein commits or attempts to commit waste, theft, or

damage shall be deemed guilty of a misdemeanor and, upon conviction

thereof, shall be fined not less than One Thousand Dollars

($1,000.00), or by confinement in the county jail for not less than

thirty (30) days nor more than six (6) months, or by both such fine

and imprisonment, and in addition, the court shall order restitution

for actual damages incurred. Persons convicted of a second or

subsequent offense under this paragraph shall be guilty of a

misdemeanor and shall be punished by a fine of not less than Two

Thousand Five Hundred Dollars ($2,500.00), or by confinement in the
n

thirty (30) days nor more than six (6) months, or by both such fine

and imprisonment, and in addition, the court shall order restitution

for actual damages incurred. Persons convicted of a second or

subsequent offense under this paragraph shall be guilty of a

misdemeanor and shall be punished by a fine of not less than Two

Thousand Five Hundred Dollars ($2,500.00), or by confinement in the

county jail for not less than thirty (30) days nor more than six (6)

months, or by both such fine and imprisonment, and in addition, the

court shall order restitution for actual damages.

Oklahoma Statutes - Title 21. Crimes and Punishments Page 842

B. This section shall not be construed to prohibit acts that

are permitted pursuant to Section 5-202 or 6-304 of Title 29 of the

Oklahoma Statutes.

C. 1. It shall be an affirmative defense to prosecution under

paragraph 1 of subsection A of this section that the accused had

express or implied permission or legal authority to be on the

property.

2. If an accused reasonably believed he or she was upon

property for which they had permission to be upon, it shall be an

affirmative defense to prosecution under paragraph 1 of subsection A

of this section that the accused had with him or her, on his or her

person, written permission from the surface owner, surface lessee,

hunting lessee, or lawful occupant to be upon such person's land

while the accused was upon any adjoining property. This defense

shall not be available to the accused if:

a. the accused has previously pled guilty, nolo

contendere, or has been convicted of any act of

trespass or has been found civilly liable of any act

of trespass, or

b. the accused, while the accused was upon the adjoining

property, does not have with him or her, on his or her

person, the written permission specified in this

paragraph.