Agricultural Trespass in Oklahoma
Trespass on land primarily devoted to farming, ranching or forestry carries a fine of $750 to $2,000, and the court must order restitution for actual damages. Ordinary trespass caps at $250.
The gap is the point
Oklahoma has a general trespass statute and a separate one for agricultural land. The agricultural statute applies notwithstanding the general one, and the difference is not small.
| General trespass | Farm, ranch or forestry land | |
|---|---|---|
| Fine | Not more than $250 | $750 – $2,000 |
| Restitution | Not in the base provision | Court shall order it |
| Second offense | Misdemeanor: $1,500–$2,500, or 30 days–6 months jail, or both |
The minimum, fine on agricultural land is three times the maximum fine for ordinary trespass.
Enter and commit or attempt waste, theft or damage and it is a misdemeanor with a fine of not less than $1,000, rising to not less than $2,500 for a second offense, jail time available in both, restitution mandatory in both.
Whose permission counts
Four people can authorise entry: the surface owner, the surface lessee, the hunting lessee, and the lawful occupant.
Who can enter anyway
The statute does not apply to peace officers, government employees on duty, firefighters, emergency medical personnel or utility workers addressing an emergency that presents imminent danger, or railroad crews restoring service after an accident or natural disaster. Utility and easement-holder employees acting within the scope of their employment are also outside it.
It also does not apply to parties engaged in oil and gas operations: exploration, drilling, production and sales, under mineral ownership, a lease, a seismic permit, a Corporation Commission order or other lawful authority. Posting your land does not exclude them.
Who may enter unless you say no
A second group may enter unless forbidden, orally or in writing: registered land surveyors and professional engineers doing survey work, people making deliveries or selling a product or service, pollsters, campaign workers, and anyone with a legitimate reason who immediately seeks to conduct that business. Telling them no is enough.
If you are accused
There are two affirmative defenses. The first is straightforward: you had express or implied permission, or legal authority, to be there.
The second matters to hunters and to anyone with neighbouring tracts. If you reasonably believed you were on land you had permission to be on, it is a defense that you were carrying written permission from the owner, surface lessee, hunting lessee or lawful occupant of the adjoining property.
What to do next
- Get permission in writing, and carry it. The statute’s own defense depends on it.
- If you lease hunting rights, understand that you have delegated entry authority.
- Report trespass to your county sheriff. Restitution for actual damages is mandatory on conviction, separate from the fine, so document what was damaged.
Section 1835.2 also does not prohibit acts permitted under 29 O.S. § 5-202 or § 6-304. If your question involves hunting-related entry, read those.
Related pages
Sources
- Verified, primary authority Trespass upon private land primarily devoted to farming, ranching or forestry 21 O.S. § 1835.2
- Verified, primary authority Trespass on posted property: general provision 21 O.S. § 1835
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