Section 1438 - Entering building or other structure with intent to commit felony, larceny or malicious mischief - Breaking and entering dwelling without permissionA. Every person who, under circumstances not amounting to any burglary, enters any building or part of any building, booth, tent, warehouse, railroad car, vessel, or other structure or erection with intent to commit any felony, larceny, or malicious mischief, is guilty of a misdemeanor.B. Every person who, without the intention to commit any crime therein, shall willfully and intentionally break and enter into any building, trailer, vessel or other premises used as a dwelling without the permission of the owner or occupant thereof, except in the cases and manner allowed by law, shall be guilty of a misdemeanor.C. Every person who, with the intent to commit a crime, enters an area of a commercial business that is: 1. Commonly reserved for personnel of the commercial business where money or other property is kept; or2. Clearly marked with a sign or signs that indicates to the public that entry is forbidden, shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a term of not more than one (1) year, or a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment. Any second or subsequent conviction under the provisions of this subsection shall be a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
Okla. Stat. tit. 21, § 1438
Amended by Laws 2024 , c. 340, s. 1, eff. 11/1/2024.R.L. 1910, § 2618; Amended by Laws 1991, SB 7, c. 92, §1, emerg. eff. 4/23/1991.