OSCN Found Document:Entering with Intent to Commit a Felony, Larceny, or Malicious Mischief - Breaking and Entering - Commercial Business Area
Title 21. Crimes and Punishments

Oklahoma Statutes Citationized
  Title 21. Crimes and Punishments
    Chapter 58 - Burglary
        Section 1438 - Entering with Intent to Commit a Felony, Larceny, or Malicious Mischief - Breaking and Entering - Commercial Business Area
 Cite as: 21 O.S. § 1438 (OSCN 2026)

A. 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; or

2. 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.

Historical Data

R.L. 1910, § 2618; Amended by Laws 1991, SB 7, c. 92, § 1, emerg. eff. April 23, 1991; Amended by Laws 2024, SB 1735, c. 340, § 1, eff. November 1, 2024 (superseded document available).

Citationizer© Summary of Documents Citing This Document
Cite Name Level
Oklahoma Court of Criminal Appeals Cases
 CiteNameLevel
 1987 OK CR 252, 746 P.2d 200, PARKS v. STATECited
 1990 OK CR 77, 801 P.2d 729, WOOLDRIDGE v. STATECited
 1993 OK CR 40, 859 P.2d 521, KAULAITY v. STATECited
 1974 OK CR 71, 522 P.2d 628, PARROTT v. STATEDiscussed at Length
 2016 OK CR 17, 387 P.3d 918, STATE v. TUBBYCited
 1959 OK CR 92, 344 P.2d 593, HICKMAN v. STATEDiscussed
 1960 OK CR 29, 350 P.2d 983, GARRETT v. STATECited
 1946 OK CR 87, 172 P.2d 809, 83 Okl.Cr. 41, Sheehan v StateDiscussed at Length
 1982 OK CR 16, 640 P.2d 1364, CAMPBELL v. STATECited
 1982 OK CR 190, 654 P.2d 1070, COLLUMS v. STATEDiscussed at Length
 1982 OK CR 191, 654 P.2d 1073, MYERS v. STATECited
 1970 OK CR 132, 475 P.2d 187, VAN GORHAM v. STATECited
 1972 OK CR 115, 496 P.2d 1196, ALLBRIGHT v. STATEDiscussed
 1998 OK CR 67, 972 P.2d 32, 70 OBJ 789, State v. AndersonCited
 1985 OK CR 15, 695 P.2d 1360, SMITH v. STATECited
 1986 OK CR 63, 718 P.2d 369, LOPEZ v. STATECited
 1986 OK CR 134, 725 P.2d 1270, JOHNSON v. STATECited
 1987 OK CR 6, 732 P.2d 1, LEWIS v. STATECited
Oklahoma Jury Instructions- Criminal
 CiteNameLevel
 IntroductionCited
 Illegal Entry - ElementsDiscussed
 Breaking and Entering Without Permission - ElementsDiscussed
 From the House - ElementsCited
Title 21. Crimes and Punishments
 CiteNameLevel
 21 O.S. 1439, Definition of Dwelling HouseCited
Citationizer: Table of Authority
Cite Name Level
None Found.