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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2114 By: Guthrie
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6 AS INTRODUCED
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7 An Act relating to game and fish; amending 21 O.S.
7 2021, Section 1835.2, which relates to trespass upon
8 private land primarily devoted to farming, ranching
8 or forestry; defining terms; amending 29 O.S. 2021,
9 Section 3-201, as amended by Section 265, Chapter
9 486, O.S.L. 2025 (29 O.S. Supp. 2025, Section 3-201),
10 which relates to game wardens; authorizing game
10 wardens to provide certain enforcement; updating
11 statutory language; prohibiting dogs from harassing
11 wildlife on trespassed land; providing certain
12 exemptions; authorizing game wardens to coordinate
12 with proper law enforcement; providing for
13 codification; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1835.2, is
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18 amended to read as follows:
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19 Section 1835.2. A. Notwithstanding the provisions of Section
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20 1835 of this title, the following provisions apply to private land
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21 that is primarily devoted to farming, ranching, or forestry
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22 purposes:
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1 1. For the purposes of this section, the term "owner" or
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2 "occupant" includes a person in lawful control of the land as
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3 provided in Section 2 of this act;
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4 2. Except as provided in this section, whoever willfully enters
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5 private land of another that is primarily devoted to farming,
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6 ranching, or forestry purposes without permission by the surface
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7 owner, surface lessee, hunting lessee, or lawful occupant thereof
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8 shall be deemed guilty of trespass and, upon conviction thereof,
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9 shall be fined punished by a fine in any sum not less than Seven
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10 Hundred Fifty Dollars ($750.00) nor more than Two Thousand Dollars
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11 ($2,000.00), and in addition, the court shall order restitution for
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12 actual damages incurred. Persons convicted of a second or
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13 subsequent offense under this paragraph shall be guilty of a
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14 misdemeanor and shall be punished by a fine in any sum not less than
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15 One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
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16 Thousand Five Hundred Dollars ($2,500.00), or by confinement in the
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17 county jail for not less than thirty (30) days nor more than six (6)
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18 months, or by both such fine and imprisonment, and in addition, the
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19 court shall order restitution for actual damages incurred;
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20 2. 3. The provisions of paragraph 1 2 of this subsection shall
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21 not apply to peace officers as defined in Section 99 of this title
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22 or any federal, state, or local government employees engaged in the
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23 performance of their duties, or to any firefighters, emergency
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24 medical personnel, or public utility employees engaged in addressing
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1 an emergency that presents an imminent danger to health, safety, or
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2 the environment in the performance of their duties, or to parties
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3 engaged in oil and gas operations, which shall include, without
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4 limitation, exploration, drilling, production and sales activities,
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5 under authority of mineral ownership, an oil and gas lease, seismic
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6 agreement or permit, gas gathering, purchase, transportation, or
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7 treating contracts, Corporation Commission order, or other lawful
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8 authority from persons entitled to give the same. The provisions of
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9 paragraph 1 2 of this subsection shall not prohibit railroad
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10 employees and emergency equipment from entering such land to restore
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11 rail service following an accident, derailment or natural disaster;
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12 nor the entrance of utility employees or contractors while acting in
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13 the scope of their employment; nor employees or contractors of valid
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14 easement or license holders while acting in the scope of their
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15 employment;
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16 3. 4. The following persons may enter such land of another
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17 unless forbidden to do so, either orally or in writing, by the owner
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18 or lawful occupier thereof: registered land surveyors and
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19 registered professional engineers for the purpose of land surveying
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20 in the performance of their professional services, persons making a
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21 delivery, selling a product or service, conducting a survey or poll,
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22 working on behalf of a candidate for political office, or who
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23 otherwise have a legitimate reason for entering and who, immediately
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24 upon entering, seek to conduct such business; and
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1 4. 5. Anyone who willfully or maliciously enters any such land
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2 of another and therein commits or attempts to commit waste, theft,
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3 or damage shall be deemed guilty of a misdemeanor and, upon
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4 conviction thereof, shall be fined punished by a fine not less than
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5 One Thousand Dollars ($1,000.00), or by confinement in the county
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6 jail for not less than thirty (30) days nor more than six (6)
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7 months, or by both such fine and imprisonment, and in addition, the
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8 court shall order restitution for actual damages incurred. Persons
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9 convicted of a second or subsequent offense under this paragraph
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10 shall be guilty of a misdemeanor and shall be punished by a fine of
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11 not less than Two Thousand Five Hundred Dollars ($2,500.00), or by
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12 confinement in the county jail for not less than thirty (30) days
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13 nor more than six (6) months, or by both such fine and imprisonment,
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14 and in addition, the court shall order restitution for actual
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15 damages.
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16 B. This section shall not be construed to prohibit acts that
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17 are permitted pursuant to Section 5-202 or 6-304 of Title 29 of the
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18 Oklahoma Statutes.
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19 C. 1. It shall be an affirmative defense to prosecution under
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20 paragraph 1 2 of subsection A of this section that the accused had
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21 express or implied permission or legal authority to be on the
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22 property.
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23 2. If an accused reasonably believed he or she was upon
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24 property for which they he or she had permission to be upon, it
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1 shall be an affirmative defense to prosecution under paragraph 1 2
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2 of subsection A of this section that the accused had with him or
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3 her, on his or her person, written permission from the surface
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4 owner, surface lessee, hunting lessee, or lawful occupant to be upon
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5 such person's land while the accused was upon any adjoining
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6 property. This defense shall not be available to the accused if:
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7 a. the accused has previously pled guilty, nolo
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8 contendere, or has been convicted of any act of
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9 trespass or has been found civilly liable of any act
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10 of trespass, or
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11 b. the accused, while the accused was upon the adjoining
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12 property, does not have with him or her, on his or her
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13 person, the written permission specified in this
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14 paragraph.
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15 SECTION 2. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 2-128.1 of Title 29, unless
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17 there is created a duplication in numbering, reads as follows:
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18 "Person in lawful control of the land" means the landowner,
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19 tenant, or any individual holding a valid written hunting lease,
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20 fishing lease, agricultural lease, grazing lease, recreational-use
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21 lease, or other written agreement granting authority to be upon or
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22 use the land.
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1 SECTION 3. AMENDATORY 29 O.S. 2021, Section 3-201, as
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2 amended by Section 265, Chapter 486, O.S.L. 2025 (29 O.S. Supp.
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3 2025, Section 3-201), is amended to read as follows:
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4 Section 3-201. A. All things being equal, veterans of World
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5 War II, the Korean, the Vietnam and Persian Gulf Wars shall be
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6 appointed as game wardens when vacancies occur.
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7 B. All persons appointed game wardens shall be peace officers
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8 and have the full powers of peace officers of the State of Oklahoma
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9 this state in the enforcement of the provisions of this Code the
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10 Oklahoma Wildlife Conservation Code and are authorized to:
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11 1. Enforce all state laws on Department-owned or Department-
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12 managed lands;
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13 2. Enforce all other laws of this state;
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14 3. Make arrests for wildlife conservation violations and
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15 nonconservation-related crimes with the same power and authority as
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16 sheriffs are vested with and in cooperation with other law
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17 enforcement officers and agencies;
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18 4. Take into possession any and all protected wildlife, or any
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19 part thereof, killed, taken, shipped or in any possession contrary
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20 to the law, and the wildlife or parts thereof may be disposed of as
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21 determined by the Director or any court of competent jurisdiction;
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22 5. Make a complaint and cause proceedings to be commenced
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23 against any person for violation of any of the laws for the
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24 protection and propagation of wildlife, with the sanction of the
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1 prosecuting or district attorney of the county in which the
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2 proceedings are brought, and shall not be required to give security
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3 for costs;
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4 6. Be an authorized agent of the Commission or Department under
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5 Section 3-202 of this title in addition to duties as a game warden;
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6 and
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7 7. Assist in enforcement of the state fire laws, upon request
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8 of the Oklahoma Department of Agriculture, Food, and Forestry.
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9 C. 1. Pursuant to the provisions of this subsection, a game
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10 warden may operate a vehicle owned or leased by the Department upon
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11 a roadway during the hours of darkness without lighted headlamps,
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12 clearance lamps, or other illuminating devices. As used in this
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13 paragraph, "roadway" shall include any street or highway in this
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14 state except an interstate highway, a limited access highway, a
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15 state trunk highway, or any street or highway within the limits of
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16 an incorporated area.
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17 2. Pursuant to the provisions of this subsection, a game warden
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18 may operate a vessel upon any waters of this state during the hours
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19 of darkness without the illuminating devices required by Section
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20 4207 of Title 63 of the Oklahoma Statutes.
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21 3. A game warden may operate a vehicle or vessel without the
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22 illuminating devices specified in this subsection only if the
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23 operation:
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1 a. is made in the performance of the duties of the game
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2 warden pursuant to the provisions of the Code, and
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3 b. (1) will aid in the accomplishment of a lawful arrest
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4 for any violation of the Code or any rule or
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5 regulation promulgated thereto, or
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6 (2) will aid in ascertaining whether a violation of
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7 the Code or any rule or regulation promulgated
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8 thereto has been or is about to be committed.
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9 D. Any person who refuses to stop a vehicle or boat when
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10 requested to do so by a game warden in the performance of the duties
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11 of the game warden is guilty of a misdemeanor and upon conviction is
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12 punishable shall be punished by a fine of not less than One Hundred
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13 Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
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14 E. Any game warden who solicits or accepts any bribe or money
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15 or other thing of value in connection with the performance of duty
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16 as a game warden shall be guilty of a Class C2 felony offense and,
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17 upon conviction, shall be sentenced to a term of imprisonment as
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18 provided for in subsections B through F of Section 20M of Title 21
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19 of the Oklahoma Statutes and shall be summarily removed from office.
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20 F. Pursuant to the provisions of subsection B of this section
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21 and the Oklahoma Wildlife Conservation Code, a game warden shall not
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22 have authority to use or place a game or wildlife camera on private
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23 property without the permission of the owner or controller of the
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1 property or pursuant to a warrant issued by a court of competent
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2 jurisdiction.
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3 G. Game wardens may enforce the provisions of Section 4 of this
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4 act relating to dogs harassing wildlife on lands without permission
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5 and may take enforcement action upon complaint of a landowner or a
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6 person in lawful control of the land.
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7 SECTION 4. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 7-802 of Title 29, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. No person shall knowingly, recklessly, or negligently allow
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11 any dog owned by, kept by, or under the control of the person to
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12 pursue, harass, or otherwise disturb wildlife on lands the person
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13 does not own or have permission to enter.
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14 B. A violation of this section shall be punishable by a fine
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15 not to exceed Two Hundred Fifty Dollars ($250.00). Each separate
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16 occurrence may be charged as a distinct offense.
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17 C. For purposes of this section, permission may be granted by
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18 the landowner or by any person in lawful control of the land as
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19 defined in Section 2 of this act to allow for the presence of any
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20 person or dog on such land.
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21 D. The provisions of this section shall not apply to:
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22 1. Dogs lawfully engaged in hunting activities on lands where
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23 permission has been granted;
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1 2. Dogs engaged in livestock-protection duties on lands where
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2 such duties are authorized; or
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3 3. Law enforcement animals performing official duties.
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4 E. When the owner or person responsible for the dog cannot be
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5 immediately identified, a game warden may take reasonable measures
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6 to detain, impound, or coordinate the impoundment of the dog in
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7 cooperation with local law enforcement, animal control officers, or
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8 county sheriff's departments, for the purpose of preventing
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9 continued harassment of wildlife and identifying the owner.
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10 SECTION 5. This act shall become effective November 1, 2026.
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Req. No. 2767 Page 10Every fact on this page links to its source, starting with the official bill record.