What is Second Degree Burglary in Oklahoma?

Oklahoma is a state that classifies crimes according to degree. Burglary is one of those crimes. In Stillwater, Oklahoma, it can be of the first or second degree; second degree burglary is the lesser of the crimes, but is still a serious offense.

What is Second Degree Burglary in Oklahoma?

Second degree burglary in Oklahoma is defined as breaking and entering any building or part of a building, room, booth, tent, railroad car, vehicle, vessel, or other structure in which any property is kept, or breaking into or forcibly opening any coin-operated or vending machine or device with intent to steal any property inside or to commit any felony inside. This can include burglary of a vehicle, a storage shed, a boat, and the like. Okla. Stat. tit. 21 § 1435

While we normally equate burglary with theft, the intent can be to commit any felony inside. Thus, if you break and enter a boat with the intent to cook meth inside, you will have committed burglary along with a host of other drug-related crimes.

In order to obtain a conviction, the prosecution must prove every element of the crime beyond a reasonable doubt. If any element is not proved by the prosecution, there can be no conviction. Thus, defenses are built on facts that vitiate any element of the crime.

Here are the elements of second degree burglary (not of a vending machine):

breaking and
entering
a building, room, booth, tent, railroad car, vehicle, vessel, or other structure
of another
in which property is kept
with the intent to steal or commit any felony.

OUJI-CR 5-13

Breaking and entering is a term of art. Breaking and entering can mean forcibly bursting or breaking an entry such as a door or window. But it can also mean unlocking a door by means of a false key or picking a key. It can also mean lifting a latch or opening a window. Okla. Stat. tit. 21 § 1431

If you have the right to enter, there is no breaking and entering, and thus, no burglary. If you do not have the intent to steal or commit another felony, there is no burglary. The facts in these cases really matter.

Make sure that you go over the details of the facts of your case carefully with your attorney.

Penalties for Second Degree Burglary

Burglary is a felony in Oklahoma. Burglary in the second degree is punishable by between two and seven years in prison. Okla. Stat. tit. 21 § 1436

If you are under investigation or are being charged with burglary, you need a Stillwater attorney with knowledge and experience in criminal law to help you preserve your freedom. Don’t try to handle this by yourself.