Okla. Stat. tit. 29, § 29-5-202
This is the official text of Okla. Stat. tit. 29, § 29-5-202, part of Oklahoma’s Stat. tit. 29, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 29,." Browse the sections below, each linked to its official government source.
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Permission to hunt, take, fish or engage in recreational
Official statutory text
activity upon land of another.
A. Except as otherwise provided, no person may hunt or take by
any means or method upon the land of another without the consent of
the owner, lessee or occupant of such land.
B. For purposes of this section, consent shall be presumed to
be valid for not more than one (1) year, unless the owner, lessee,
or occupant specifically grants consent for a specified period of
time.
C. Excluding land primarily devoted to farming, ranching, or
forestry purposes as set forth in Section 1835.2 of Title 21 of the
Oklahoma Statutes, areas exempt from the provisions of subsection A
of this section are lands belonging to this state which are not
leased and occupied by a resident, excluding school land.
D. Any game warden investigating a hunter in the field has the
duty to inform the hunter that it is necessary to obtain the consent
of the landowner, lessee or occupant to hunt or take on the
particular property. Prosecution for violations of the provisions
of this section may be commenced only upon written complaint of such
owner, lessee or occupant filed before any court authorized to
punish such violation, or upon written complaint to any game warden
or officer authorized to make arrest for such offenses.
E. No person shall operate a motor-driven conveyance on lands
that are fenced and posted or are in cultivation without permission
of the landowner, lessee or occupant.
F. The consent of any owner, lessee or occupant of land
authorizing a person to hunt, take, fish or engage in any
recreational activity upon the land of any such owner, lessee or
occupant shall not be construed to create any additional duty of
care or impose any additional liability other than specified by
Sections 16-71.2 and 16-71.3 of Title 2 of the Oklahoma Statutes.
G. The obtaining of consent from any owner, lessee or occupant
of land authorizing a person to hunt, take, fish or engage in any
recreational activity shall not relieve the authorized person using
the land from any obligation which the person may have in the
absence of obtaining such consent to exercise care in the use of
such land and in activities thereon, or from the legal consequences
of failure to employ such care.
Oklahoma Statutes - Title 29. Game and Fish Page 105
H. 1. It shall be an affirmative defense to prosecution under
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 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.
I. Any person convicted for the first time of violating any
provisions of this section shall be guilty of a misdemeanor and
punished by the imposition of a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
($1,500.00), or by imprisonment in the county jail for thirty (30)
days, or by both fine and imprisonment.
J. Any person convicted for the second or subsequent time of
violating any provisions of this section shall be guilty of a
misdemeanor and punished by the imposition of a fine of not less
than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
Thousand Five Hundred Dollars
($1,500.00), or by imprisonment in the county jail for thirty (30)
days, or by both fine and imprisonment.
J. Any person convicted for the second or subsequent time of
violating any provisions of this section shall be guilty of a
misdemeanor and punished by the imposition of a fine of not less
than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the
county jail for not less than six (6) months, or by both fine and
imprisonment.
A. Except as otherwise provided, no person may hunt or take by
any means or method upon the land of another without the consent of
the owner, lessee or occupant of such land.
B. For purposes of this section, consent shall be presumed to
be valid for not more than one (1) year, unless the owner, lessee,
or occupant specifically grants consent for a specified period of
time.
C. Excluding land primarily devoted to farming, ranching, or
forestry purposes as set forth in Section 1835.2 of Title 21 of the
Oklahoma Statutes, areas exempt from the provisions of subsection A
of this section are lands belonging to this state which are not
leased and occupied by a resident, excluding school land.
D. Any game warden investigating a hunter in the field has the
duty to inform the hunter that it is necessary to obtain the consent
of the landowner, lessee or occupant to hunt or take on the
particular property. Prosecution for violations of the provisions
of this section may be commenced only upon written complaint of such
owner, lessee or occupant filed before any court authorized to
punish such violation, or upon written complaint to any game warden
or officer authorized to make arrest for such offenses.
E. No person shall operate a motor-driven conveyance on lands
that are fenced and posted or are in cultivation without permission
of the landowner, lessee or occupant.
F. The consent of any owner, lessee or occupant of land
authorizing a person to hunt, take, fish or engage in any
recreational activity upon the land of any such owner, lessee or
occupant shall not be construed to create any additional duty of
care or impose any additional liability other than specified by
Sections 16-71.2 and 16-71.3 of Title 2 of the Oklahoma Statutes.
G. The obtaining of consent from any owner, lessee or occupant
of land authorizing a person to hunt, take, fish or engage in any
recreational activity shall not relieve the authorized person using
the land from any obligation which the person may have in the
absence of obtaining such consent to exercise care in the use of
such land and in activities thereon, or from the legal consequences
of failure to employ such care.
Oklahoma Statutes - Title 29. Game and Fish Page 105
H. 1. It shall be an affirmative defense to prosecution under
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 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.
I. Any person convicted for the first time of violating any
provisions of this section shall be guilty of a misdemeanor and
punished by the imposition of a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
($1,500.00), or by imprisonment in the county jail for thirty (30)
days, or by both fine and imprisonment.
J. Any person convicted for the second or subsequent time of
violating any provisions of this section shall be guilty of a
misdemeanor and punished by the imposition of a fine of not less
than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
Thousand Five Hundred Dollars
($1,500.00), or by imprisonment in the county jail for thirty (30)
days, or by both fine and imprisonment.
J. Any person convicted for the second or subsequent time of
violating any provisions of this section shall be guilty of a
misdemeanor and punished by the imposition of a fine of not less
than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the
county jail for not less than six (6) months, or by both fine and
imprisonment.
Status: in_force · Read it on the official government site
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