A. Every person who breaks and enters the dwelling house of another, in which there is at the time no human being present, or any commercial building or any part of any building, room, booth, tent, railroad car or other structure or erection in which any property is kept or breaks into or forcibly opens, any coin-operated or vending machine or device with intent to steal any property therein or to commit any felony, is guilty of burglary in the second degree, a Class C1 felony offense, punishable by imprisonment as provided for in subsections B through E of Section 20L of this title. B. Every person who breaks and enters, climbs under, or uses any jack stands or any other item to raise any automobile, truck, trailer or vessel of another, in which any property is kept, with intent to: 1. Steal any property therein; 2. Steal any property attached thereto; or 3. Commit any felony, is guilty of burglary in the third degree, a Class D1 felony offense, punishable by imprisonment as provided for in subsections B through F of Section 20N of this title. C. As used in subsection B of this section, the term "property attached thereto" includes, but is not limited to, tires, wheels, and catalytic converters. R.L. 1910, § 2615. Amended by Laws 1941, p. 87, § 1; Laws 1961, p. 232, § 1; Laws 2018, c. 129, § 1, eff. Nov. 1, 2018; Laws 2022, c.
245, § 1, eff. Nov. 1, 2022; Laws 2025, c. 486, § 196, eff. Jan. 1, 2026.
Notes of Decisions
Cited in
189
cases (
6 in the last 5 years), 1946–2023 · leading case:
United States v. Hamilton, 889 F.3d 688 (10th Cir. 2018).
United States v. Hamilton, 889 F.3d 688 (10th Cir. 2018).
· cites it 5× “Okla. Stat. tit. 21, § 1435 . In district court, the government conceded that the Oklahoma statute reaches not only generic burglaries but also non-generic burglaries.”
Anderson v. Mullin, 327 F.3d 1148 (10th Cir. 2003).
· cites it 3× “October 12, 1995) (citing Okla. Stat. Ann. tit. 21, § 1435 and McArthur v.”
Dockins v. Hines, 374 F.3d 935 (10th Cir. 2004).
“Okla. Stat. tit. 21, § 1435 (2004). The elements of breaking and entering without permission are: (1) willfully; (2) intentionally; (3) breaking; (4) entering; (5) a building; (6) without the permission of its owner; (7) without the intent to commit any crime in the building.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
“§ 14-54(a) ("breaks or enters") Okla. Stat. tit. 21, § 1435 ("breaks and enters") Or.”
United States v. Washington, 890 F.3d 891 (10th Cir. 2018).
“[in] 1994, the defendant kicked in two front doors to a building located in Hobart, Oklahoma, with the intent to steal property from the building,” in violation of Okla. Stat. tit. 21, § 1435 . ROA Vol. II at 12.”
United States v. Taylor, 672 F. App'x 860 (10th Cir. 2016).
“Taylor’s ACCA enhancement was based on his three prior convictions for second-degree burglary under Okla. Stat. Ann. tit. 21, § 1435 , which provides, Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck,…”
People v. Sparks, 47 P.3d 289 (Cal. 2002).
“(a); Idaho Code § 18-1401 ; Okla. Stat. tit. 21, § 1435 ; Wis. Stat. § 943.”
Hendricks v. State, 698 P.2d 477 (Okla. Crim. App. 1985).
· cites it 2× “The information was sufficient to charge the lesser included offense of second degree burglary, 21 O.S.1981, § 1435, and the judgment and sentence will be modified accordingly.”
United States v. Clanton T. Bennett, 108 F.3d 1315 (10th Cir. 1997).
· cites it 2× “Okla. Stat. tit. 21, § 1435 (1991). Because this definition does not include physical force as an element, and does not require that the burglary be “of a dwelling,” the statute leaves it unclear whether Mr.”
— Okla. Stat. tit. 21, § 1435(A) — 2 cases
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