Oklahoma Statutes

Okla. Stat. tit. 21, § 1431 (2026)

Burglary in first degree

✓ current as of July 2026

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Every person who breaks into and enters the dwelling house of another, in which there is at the time some human being, with intent to commit some crime therein, either: 1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter; or 2. By breaking in any other manner, being armed with a dangerous weapon or being assisted or aided by one or more confederates then actually present; or 3. By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window, is guilty of burglary in the first degree, a Class B1 felony offense. R.L.1910, § 2611. Amended by Laws 1979, c. 43, § 1, eff. Oct. 1, 1979; Laws 2025, c. 486, § 61, eff. Jan. 1, 2026.

Notes of Decisions

Cited in 111 cases (11 in the last 5 years), 1955–2024 · leading case: Cleary v. State, 942 P.2d 736 (Okla. Crim. App. 1997).

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Cleary v. State, 942 P.2d 736 (Okla. Crim. App. 1997). · cites it 6× “7, and First Degree Burglary After Former Conviction of Two Felonies in violation of 21 O.S.1991, § 1431 in Tulsa County District Court Case No.”

Lamar v. State, 2018 OK CR 8 (Okla. Crim. App. 2018). · cites it 2× “2011, § 421; and Count 6: Burglary in the First Degree, After Two Prior Felony Convictions, in violation of 21 O.S.2011, § 1431, in the District Court of Oklahoma County, Case No.”

Anderson v. Mullin, 327 F.3d 1148 (10th Cir. 2003). · cites it 3× “The Oklahoma courts have held that second degree burglary, Okla. Stat. Ann. tit. 21, § 1435 , is a lesser included offense of first degree burglary, Okla.”

Williams v. State, 807 P.2d 271 (Okla. Crim. App. 1991). · cites it 4× “7), First Degree Burglary (21 O.S.1981, § 1431), and First Degree Robbery ( 21 O.”

Brecheen v. State, 732 P.2d 889 (Okla. Crim. App. 1987). · cites it 3× “21 O.S.1981, § 1431. Appellant’s own testimony provided sufficient circumstantial evidence of a “breaking” under the statute.”

Hammick v. State, 2019 OK CR 21 (Okla. Crim. App. 2019). · cites it 3× “2011, § 801; Burglary in the First Degree (Count 2), in violation of 21 O.S.2011, § 1431; and Larceny of an Automobile (Count 3), in violation of 21 O.”

Taylor v. State, 889 P.2d 319 (Okla. Crim. App. 1995). · cites it 2× “OPINION CHAPEL, Vice Presiding Judge: Michael Anthony Taylor was tried by a jury and convicted of First Degree Burglary in violation of 21 O.S.Supp. 1982, § 1431 (Count I), First Degree Rape in violation of 21 O.”

State v. Tubby, 2016 OK CR 17 (Okla. Crim. App. 2016). · cites it 2× “The jury acquitted Appellees of Count 3 at trial but found Wooten guilty of the lesser included offense of Breaking and Entering (21 O.S.2011, § 1438).”

Patton v. State, 1998 OK CR 66 (Okla. Crim. App. 1998). · cites it 2× “CF-95-55, in the District Court of Oklahoma County. In Count I, the jury found the existence of four (4) aggravating circumstances and recommended the punishment of death.”

Goode v. State, 2010 OK CR 10 (Okla. Crim. App. 2010). · cites it 2× “7(A) and (B), and one count of first degree burglary, in violation of 21 O.S.2001, § 1431, in Tulsa County District Court case number CF-2005-3904.”

Torres v. States, 1998 OK CR 40 (Okla. Crim. App. 1998). · cites it 2× “7, and one count of First Degree Burglary, in violation of 21 O.S.1991, § 1431. [1] At the conclusion of the capital sentencing phase of the trial, the jury found the existence of two aggravating circumstances: (1) there existed the probability that Torres would commit criminal…”

Salazar v. State, 919 P.2d 1120 (Okla. Crim. App. 1996). · cites it 2× “7(A)) and one count of Burglary in the first degree (21 O.S.1981, § 1431) in the District Court of Comanche County, Case No.”

Show all 111 citing cases →

— Okla. Stat. tit. 21, § 1431(1) — 2 cases

Pack v. State, 819 P.2d 280 (Okla. Crim. App. 1991).

Busby v. State, 2022 OK CR 4 (Okla. Crim. App. 2022).

— Okla. Stat. tit. 21, § 1431(2) — 1 case

Roberts v. State, 2001 OK CR 14 (Okla. Crim. App. 2001).

— Okla. Stat. tit. 21, § 1431(3) — 1 case

Phillips v. State, 756 P.2d 604 (Okla. Crim. App. 1988).

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