An Act
ENROLLED HOUSE
BILL NO. 1135 By: Fetgatter of the House
and
Taylor and Stephens of the
Senate
An Act relating to trespassing; amending 21 O.S.
2011, Section 1835, which relates to the penalty for
trespassing after being forbidden; modifying
statutory language; providing certain exceptions;
providing for allowances; providing for criminal
offense; providing for penalty; deleting certain
definition; and providing an effective date.
SUBJECT: Trespassing
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1835, is
amended to read as follows:
Section 1835. A. Whoever shall willfully or maliciously enter
the garden, yard, pasture or field of another after being expressly
forbidden to do so or without permission by the owner or lawful
occupant thereof when such property is posted shall be deemed guilty
of trespass and upon conviction thereof shall be fined in any sum
punished by a fine of not to exceed more than Two Hundred Fifty
Dollars ($250.00); provided, that this provision shall not apply to
registered land surveyors and registered professional engineers for
the purpose of land surveying in the performance of their
professional services; and, provided further, that anyo ne who
willfully or maliciously enters any such garden, yard, pasture or
field, 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 in any sum not less than Fifty Dollars
($50.00) nor more than Five Hundred Dollars ($500.00), or by ENR. H. B. NO. 1135 Page 2
confinement in the county jail for not less than thirty (30) days
nor more than six (6) months, or both such fine and imprisonment.
For purposes of this section, “posted” means exhib iting signs to
read as follows: “PROPERTY RESTRICTED”; “POSTED - KEEP OUT”; “KEEP
OUT”; “NO TRESPASSING”; or similar signs which are displayed.
Property that is fenced or not fenced must have such signs placed
conspicuously and at all places where entry to the property is
normally expected.
1. This provision shall not apply to:
a. peace officers as defined in Section 99 of this title ,
b. federal, state or local government employees engaged
in the performance of their duties ,
c. firefighters, emergenc y 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
d. 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 or other lawful authority from persons
entitled to give the same ;
2. The provisions of this section shall not prohibit:
a. railroad employees and emergency equipment from
entering such land to restore rail service following
an accident, derailment or nat ural disaster,
b. the entrance of utility employees or contractors while
acting in the scope of their employment , or
c. employees or contractors of valid easement or license
holders while acting in the scope of their employment;
ENR. H. B. NO. 1135 Page 3
3. The following person s may enter such land of another unless
forbidden to do so, either orally or in writing, by the owner or
lawful occupier thereof:
a. registered land surveyors and registered professional
engineers for the purpose of land surveying in the
performance of their professional services ,
b. persons making a delivery, selling a product or
service, conducting a survey or poll, working on
behalf of a candidate for political office, or
c. persons who have a legitimate reason for entering and
who, immediately upon e ntering, seek to conduct
business.
B. Anyone who willfully or maliciously enters any such land of
another and commits or attempts to commit waste, theft or damage
shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by imprisonme nt in the county jail for a term of not less
than thirty (30) days nor more than six (6) months, by a fine of not
less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by both such fine and imprisonment.
B. C. No provisions of this act section shall be construed to
conflict with Section 5 -202 or 6-304 of Title 29 of the Oklahoma
Statutes.
C. D. Whoever shall willfully enter the pecan grove of another
without the prior consent of the owner or occupant thereof to so do
shall be deemed guilty of trespass and upon conviction thereof shall
be fined in any sum punished by a fine of not to exceed more than
Twenty-five Dollars ($25.00); provided, that anyone who willfully
enters any such pecan grove 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 in any sum
punished by a fine of not more than Five Hundred Dollars ($500.00),
or by confinement imprisonment in the county jail for not less than
thirty (30) days nor more than six (6) months, or by both such fine
and imprisonment.
D. E. Whoever shall willfully or maliciously enter upon
property owned or managed by the Grand River Dam Authority without
permission when such property is posted shall be deemed guilty of
misdemeanor trespass and upon conviction thereof shall be fined in ENR. H. B. NO. 1135 Page 4
any sum punished by a fine of not to exceed more than Two Hundred
Fifty Dollars ($250.00); provided, that this provision shall not
apply to registered land surveyo rs and registered professional
engineers for the purpose of land surveying in the performance of
their professional services; and, provided further, that anyone who
willfully or maliciously enters upon property owned or managed by
the Grand River Dam Autho rity without permission and therein commits
or attempts to commit waste, theft , or damage shall be deemed guilty
of misdemeanor trespass , and upon conviction thereof shall be fined
in any sum punished by a fine of not less than Fifty Dollars
($50.00) nor more than Five Hundred Dollars ($500.00), or by
confinement imprisonment in the county jail for not less than thirty
(30) days nor more than six (6) months, or by both such fine and
imprisonment. For purposes of this section, “posted” means
exhibiting signs to read as follows: “PROPERTY RESTRICTED”; “POSTED
- KEEP OUT”; “KEEP OUT”; “NO TRESPASSING”; or similar signs which
are displayed. Property that is fenced or not fenced must have such
signs placed conspicuously and at all places where entry to the
property is normally expected.
E. Notwithstanding the provisions of this section, the
Governor’s Mansion and its grounds and appurtenances shall not be
required to be posted with signs warning against trespass. F. Any
person who shall willfully or maliciou sly enter the grounds of the
Governor’s Mansion within the State Capitol Park, as defined in
Section 1811.4 of Title 74 of the Oklahoma Statutes, except at a
place where entry to the property is normally expected , shall be
deemed guilty of a misdemeanor an d upon conviction shall be fined in
a sum punished by a fine of not more than Five Hundred Dollars
($500.00), or by confinement imprisonment in the county jail for not
less than thirty (30) days nor more than six (6) months, or by both
such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2021. ENR. H. B. NO. 1135 Page 5
Passed the House of Representatives the 4th day of May, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Govern or of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretar y of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________