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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4104 By: Frix
AS INTRODUCED
An Act relating to trespassing; amending 21 O.S.
2021, Section 1835, which relates to the penalty for
trespassing after being forbidden; requiring posting
on property; defining terms; providing that purple
paint marks mean no trespassing; requiring the
posting of signs explaining the meaning of purple
paint marks; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. SECTION 1. AMENDATORY 21 O.S. 2021,
Section 1835, is amended to read as follows:
A. 1. Whoever shall willfully or maliciously enter the garden,
yard, pasture or field of anoth er after being expressly forbidden to
do so or without permission by the owner or lawful occu pant thereof
when such property is posted, as defined by this subsection , shall
be deemed guilty of trespass and upon conviction shall be punished
by a fine of not 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;
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and, provided further, that anyone who willfully or mali ciously
enters any such garden, yard, pasture o r field, and therein commits
or attempts to commit waste, theft or damage shall be deemed guilty
of a misdemeanor and upon conviction shall be fined not less than
Fifty Dollars ($50.00) nor more than Five Hund red Dollars ($500.00),
or by 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 placing
purple paint marks on posts on the proper ty, provided that the marks
are:
a. vertical lines at least one (1) inch in width and at
least eight (8) inches in length,
b. placed so that the bottom of the mark s is not less
than three (3) feet from the grou nd or more than five
(5) feet from the ground, and
c. placed at locations that are readily visible to any
person approaching the property and no more than one
thousand (1,000) feet apart on land other than forest
and one hundred (100) feet apart on forest land.
1. 2. This provision shall not apply to :
a. peace officers as defined in Se ction 99 of this title,
b. federal, state or local government employees engaged
in the performance of their duties,
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c. firefighters, emergency medical personnel or public
utility employees engaged in addressing an emerge ncy
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, exploratio n, 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 pers ons
entitled to give the same;
2. 3. The provisions of this section shall not proh ibit:
a. railroad employees and emergency equipment from
entering such land to restore rail service following
an accident, derailment or natural 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;
3. 4. 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:
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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, w orking on
behalf of a candidate for political office, or
c. persons who have a legitimate reason for entering and
who, immediately upon entering, seek to conduct
business.
B. Beginning November 1, 20 22, when a landowner uses purple
marks to identify no trespassing, whether the property is fenced or
not fenced, such marks shall be accompanied by signs placed
conspicuously at all places where entry to the property is normally
expected, explaining that the purple marks means no trespassing,
property restricted, or similar explanation of what the purple mark
indicates. On and after November 1, 2023, no sign shall be required
to explain the purple marks.
C. 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 imprisonment in the county jail for a term of not less
than thirty (30) days nor more than six (6) months, by a fi ne of not
less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by both such fine and imprisonment.
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C. D. No provisions of this section shall be construed to
conflict with Section 5 -202 or 6-304 of Title 29 of the Oklahoma
Statutes.
D. E. 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 shall be
punished by a fine of not 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 shall be
punished by a fine of not more than Five Hundr ed Dollars ($500.00),
or by imprisonment in the county jail for not more than six (6)
months, or by both such fine and imprisonment.
E. F. Whoever shall willfully or maliciously enter upon
property owned or manag ed by the Grand River Dam Authority without
permission shall be deemed guilty of misdemeanor trespass and upon
conviction shall be punished by a fine of not more than Two Hundred
Fifty Dollars ($250.00); provided, that this provision shall not
apply to registered land surveyors and registered profe ssional
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 Authority without permission and therein commits
or attempts to commit waste, theft or damage shall be deemed guilty
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of misdemeanor trespass and upon conviction shall be punished by a
fine of not less than Fifty Dollars ($50.00) nor more tha n Five
Hundred Dollars ($500.00), or by imp risonment in the county jail for
not less than thirty (30) days nor more than six (6) months, or by
both such fine and imprisonment.
F. G. Any person who shall willfully or maliciously enter the
grounds of the Governor's Mansion within the State Capitol P ark, 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 and upon conviction shall be
punished by a fine of not more than Five Hundre d Dollars ($500.00),
or by 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, 2022.
58-2-8383 JL 11/19/21