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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1606 By: Woods
AS INTRODUCED
An Act relating to trespassing; amending 21 O.S.
2021, Section 1835, as amended by Section 2, Chapter
159, O.S.L. 2023 (21 O.S. S upp. 2023, Section 1835),
which relates to trespassing on posted property;
providing for certain posting; defining term;
providing short title; forbidding individuals from
entering certain property with certain pos tings;
authorizing certain agencies to specify type of paint
to be use for marking; providing for penalties;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1835, as
amended by Section 2, Chapter 159, O.S.L. 2023 (21 O.S. Supp. 2023,
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 af ter being expressly
forbidden to do so or without permission by the owner or lawful
occupant thereof when such property is posted pursuant to this act ,
or a person failing to leave lodging establishment premises pursuant
to Section 508 of Title 15 of the Oklahoma Statutes, shall be deemed
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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 su rveyors and
registered professiona l engineers for the purpose of land surveying
in the performance of their professional services; and, provided
further, that anyone who willfully o r maliciously enters any such
garden, yard, pasture or field, and therein c ommits or attempts to
commit waste, theft or damage sh all be deemed guilty of a
misdemeanor and upon conviction shall be fined not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by
confinement in the county jail for not l ess than thirty (30) days
nor more than six (6) months, or by both such fine and imprisonm ent.
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, 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
d. parties engaged in oil and gas operations, wh ich shall
include, without limitation, exploration, d rilling,
production and sales activities, under authority of
mineral ownership, an oil and gas lease, seismic
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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 s ervice following
an accident, derailment or natural disaster,
b. the entrance of utilit y 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 o f 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:
a. registered land surveyors and registered professional
engineers for the purpos e 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
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c. persons who have a legitimate reason for entering and
who, immediately upon entering, seek to conduct
business.
For purposes of this act, “posted” means exhibiting signs to
read as follows: “PROPERTY RESTRICTED”; “POSTED - KEEP OUT”; “KEEP
OUT”; “NO TRESPASSING”; or similar signs which are displayed or
marked by identifiable paint marks as provided for in this act.
Property that is fenced or not fenced shall have such signs or
identifying paint marks placed conspicuously and at all places where
entry to the property is reasonably expected.
B. Anyone who willfully or maliciously enters any such land of
another when such property is posted pursuant to this act and
commits or attempts to commit waste, theft or damage shall be deemed
guilty of a misdemeanor and upon co nviction shall be punishe d by
imprisonment in the county jail for a term of not less than thirty
(30) days nor more than six (6) mon ths, by a fine of not less than
Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00),
or by both such fine an d imprisonment.
C. No provisions of this section shall be construed to conflict
with Section 5-202 or 6-304 of Title 29 of the Okla homa Statutes.
D. Whoever shall willfully enter the pecan grove of another
without the prior consent of the owner or occupa nt thereof to so do
shall be deemed guilty of trespass and upo n conviction shall be
punished by a fine of not more than Twenty-five Dollars ($25.00);
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provided, that anyone who willf ully 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 Hundred 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. Whoever shall willfully or maliciously ente r upon property
owned or managed by the Grand River Dam Authority with out permission
shall be deemed guilty of misdemea nor trespass and upon conviction
shall be punished by a fine of not more than Two Hundred Fifty
Dollars ($250.00); provided, that this pr ovision shall not apply to
registered land surveyors and registered pr ofessional engineers for
the purpose of land surv eying in the performance of their
professional services; and, provided furt her, that anyone who
willfully or maliciously enters upon prop erty owned or managed by
the Grand River Dam Authority without permiss ion and therein commits
or attempts to commit was te, theft or damage shall be deemed guilty
of misdemeanor tresp ass and upon conviction shall be punished by a
fine of not less than Fifty Dollars ($50.00) nor more than Five
Hundred Dollars ($500.00), or b y imprisonment in the county jail for
not less than thirty (30) days nor more than six (6) months, or by
both such fine and im prisonment.
F. Any person who shall willfully or maliciousl y enter the
grounds of the Governor’s Mansion within the State Capitol Park, as
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defined in Section 1811.4 of Title 74 o f the Oklahoma Statutes,
except at a place where entry to the property is n ormally expected,
shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than Five Hund red 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. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1840.1 of Title 21, unless there
is created a duplication in numbering, reads as follows:
Sections 2 through 5 of this act shall be kno wn and may be cited
as the “Oklahoma Posted Land Act”.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 1840.2 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. The owner or lessee of any forest land may post the land by
either of the following methods:
1. By placing signs around the boundaries of the property at
conspicuous points and at each point of entry. The signs shall read
“PROPERTY RESTRICTED”, “POSTED - KEEP OUT”, “KEEP OUT”, “NO
TRESPASSING”, or similar signs which are displayed. The signs shall
be placed so as to be readily visible to any perso n approaching the
property; or
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2. By placing identifying paint marks on trees or posts aroun d
the area to be posted. Each paint mark shall be a vertical line of
at least eight (8) inches in length, and the bottom of the mark
shall be no less than three (3) feet nor more t han five (5) feet
high. The paint marks shall be placed not more than one hundred
(100) feet apart and shall be readily visi ble to any person
approaching the property.
B. The type and color of the paint to be used for posting shall
be prescribed by the Oklahoma Department of Agriculture, Food, and
Forestry. The Department shal l not select a color that is presently
being used by the timber industry in Oklahoma t o mark land lines or
property lines.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1840.3 of Title 21, unless there
is created a duplication in numberi ng, reads as follows:
A. The owner or lessee of any real p roperty other than forest
land, including cultivated land, orchards, pastureland,
impoundments, or other real property, may p ost the real property by
either of the following methods:
1. By placing signs around the boundaries of the property at
conspicuous points and at each point of entry. The signs shall read
“PROPERTY RESTRICTED”, “POSTED - KEEP OUT”, “KEEP OUT”, “NO
TRESPASSING”, or similar signs which are displayed. The signs shall
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be placed so as to be readily visible to any person approaching the
property; or
2. By placing identifying paint marks on posts around the area
to be posted. Each paint mark shall be a vertical line of at least
eight (8) inches in length, and the bottom of the mar k shall be no
less than three (3) f eet nor more than five (5) feet high. The
paint marks shall be placed not more than one thousand (1,000) feet
apart and shall be readily visible to any pe rson approaching the
property.
B. The type and color of the paint to be used for posting shall
be prescribed by the Oklahoma Department of Agriculture, Food, and
Forestry. The Department shall not select a color that is presently
being used by the timber industry in Okl ahoma to mark land lines or
property lines.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 1840.4 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. The color of paint prescribed by the Department of Wildlife
Conservation for posting purposes shall not be used on trees or
posts for any other purpose. Any person who knowingly paints any
tree or post the color u sed for posting purposes for any other
purpose other than posting real property pursuant to this act shall
be guilty of a misdemeanor and upon convict ion thereof shall be
fined a sum not to exceed Two Hundred Fifty Dollars ($250.00).
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B. It shall be unlawful for any person to post any land which
the person does not own or lease except with the permission of the
owner or lessee. Any person violating this subsection shall be
guilty of a misdemeanor and upon conviction thereof shall be fined a
sum not to exceed Two Hundred Fifty Dollars ($250.00).
SECTION 6. This act shall become effec tive November 1, 2024.
59-2-2552 MR 1/11/2024 3:11:33 PM