This past weekend, on one of the popular scanner pages, a local resident apparently called the Sheriff out to deal with some young ruffians who were fishing in his pond. The ensuing discussion on Facebook was the opposite of illuminating (unless you’re curious about how poorly your friends and neighbors learned spelling in elementary school), so it might be useful to dive into the dizzying and complicated world of Oklahoma trespasslawstodecidewhat law they violated, if any.
Oklahoma’s trespass laws are a testament to how easy it is to get a law passed to solve your particular problem by calling your legislator. Far from being simple, there is a dizzying variety of laws applicable to different situations. Initially, there is the primary Trespassing, commonly rendered as Trespass After Being Forbidden, in Title 21 Section 1835 (A). That statute makes it a crime to 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” and is punishable by imprisonment between 30 days and 6 months, and/or a fine of between $50 and $500. There are a whole raft of exceptions to this law, including law enforcement officers, firefighters, EMTs, utility workers, deliverymen, surveyors, and oil and gas workers engaged in extracting those items.
Then it gets complicated. For instance, our erstwhile fishermen are governed by Title 29 Section 6-304, which prohibits fishing on someone’s property without permission. However, permission is not required if the property is not occupied by someone who resides on it unlessNoTrespassingsigns are prominently posted. A similar provision applies to hunters in Title 29 Section 5-202. On the other hand, this defense is not available if the land is “primarily devoted to farming, ranching, or forestry purposes” under Title 21 Section 1835.2; in that case, the lack of a resident or a trespassing sign is irrelevant, as entry without permission would be unlawful.
Another law that might bear on our fishermen is the prohibition of Recreational Trespass in Title 21 Sections 1835.3 through 1835.6, which prohibits entry without permission on land for recreational purposes without permission; the absence of a posted sign does not authorize entry in and of itself, the relevant question is merely whether the fishermen had either express or implied permission to enter the property.
While the landowner in our example felt that the Sheriff needed to take ac- tion to deal with his ruffians, some landowners may want to take matters into their own hands. Title 21 Section 643(3) permits the use of force to resist trespass or eject trespassers, “provided the force or violence used is not more than sufficient to prevent such offense.” Thus, it is unwise to go confront trespassers with your trusty firearm, unless you have reason to believe your life is in danger.
If this weren’t complicated enough, if the trespassers are members of an Indian tribe, then the relevant laws governing their conduct here in Marshall County are those of the Chickasaw Nation, not the State of Oklahoma. Thankfully, the Chickasaws have much simpler trespass laws, simply prohibiting trespass after having been forbidden, whether directly by the owner or by a trespassing sign, under Section 17-302.5 of the Chickasaw Code. Also, for Indian landowners (such as this writer), force may be used to prevent a trespass, but only if “objectively reasonable and not more than sufficient to prevent such offense” as provided in Section 17-507.4 of the Code; deadly force is generally prohibited for defense of property alone.
The best policy, of course, is not to enter into someone else’s property unless you have their permission. Not only does that clear you under the law, but it’s just neighborly.Meanwhile,landowners need to be reasonable about kids and entry onto their property, lest they use excessive force and then face their own charges.