Oklahoma Breaking and Entering Laws
Many people assume that breaking and entering is the same as burglary. However, under Oklahoma law, the crime of breaking and entering is separate from the crime of burglary—although breaking and entering is typically an element of burglary.
Distinguishing Breaking & Entering from Burglary
The main distinction between breaking and entering and burglary is the intent behind the unlawful entrance of someone else’s property.
In order to convict a person of burglary, the prosecution must prove:
- That the defendant unlawfully entered another person’s property without his or her permission, AND
- That the defendant unlawfully entered the property with intent to commit a crime
On the other hand, to convict a person of breaking and entering, the prosecution merely needs to show that he or she entered into or upon someone else’s property without the owner’s permission.
In Oklahoma, breaking and entering is considered a misdemeanor offense. It carries a maximum penalty of one year in jail and/or a $500 fine.