Oklahoma Statutes
Okla. Stat. tit. 21, § 1436 (2026)
Burglary - Sentences
✓ current as of July 2026
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Burglary is a felony punishable by imprisonment in the custody of the Department of Corrections as follows: 1. Burglary in the first degree for any term not less than seven (7) years nor more than twenty (20) years; 2. Burglary in the second degree not exceeding seven (7) years; and 3. Burglary in the third degree not exceeding five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. R.L. 1910, § 2616. Amended by Laws 1997, c. 133, § 357, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 250, eff. July 1, 1999; Laws 2018, c. 129, § 2, eff. Nov. 1, 2018; Laws 2022, c. 245, § 2, eff. Nov. 1, 2022. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 357 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in 29
cases (2 in the last 5 years), 1955–2023 · leading case: Barnes v. State, 2017 OK CR 26 (Okla. Crim. App. 2017).
Barnes v. State, 2017 OK CR 26 (Okla. Crim. App. 2017). “21 O.S.2011, § 1436. As for his Count 2 rape conviction, the jury recommended, and Appellant received, the maximum sentence — life without parole.”
Reed v. State, 580 P.2d 159 (Okla. Crim. App. 1978). “” He claims that this provision should govern because the primary offense of burglary in the second degree, 21 O.S.1971, § 1436(2), carries a punishment range of two to seven years and, therefore, the defendant could have received punishment of less than five years.”
Wing v. State, 280 P.2d 740 (Okla. Crim. App. 1955). “21 O.S.1951 § 1436(2). One of the grounds advanced for reversal is the contention that the verdict of the jury is contrary to the law and the evidence, and that the court erred in not sustaining defendant’s demurrer to the evidence, and in refusing to direct a verdict of…”
Stringfellow v. State, 744 P.2d 1277 (Okla. Crim. App. 1987). “See 21 O.S.1981, § 1436(1). Under the general attempt statute, the maximum sentence for attempted first degree burglary is one-half (⅛) the maximum sentence possible for a completed first degree burglary, that is, ten (10) years.”
Melot v. State, 375 P.2d 343 (Okla. Crim. App. 1962). “The defendant was caught in the commission of the burglary, positively identified, and he offered no defense whatsoever, except his general plea of not guilty.”
Wright v. State, 531 P.2d 696 (Okla. Crim. App. 1975). “The pertinent part of 21 O.S.1961, § 1436, is: “Burglary is punishable by imprisonment in the penitentiary as follows: .”
Aguilar-Alvarez v. Holder, 528 F. App'x 862 (10th Cir. 2013). “Aguilar was “convicted” of six counts of second-degree burglary under Okla. Stat. tit. 21, § 1435 , each of which is punishable by a term of imprisonment of up to seven years.”
Byrne v. State, 482 P.2d 620 (Okla. Crim. App. 1971). “21 O.S.1961, § 1436. 21 O.S.Supp.1970, § 51.”
Blake v. State, 375 P.2d 270 (Okla. Crim. App. 1962). “The penalty for robbery in the second degree, as provided in 21 O.S.1951 § 1436 is not to exceed seven years in the penitentiary.”
Johnson v. State, 453 P.2d 390 (Okla. Crim. App. 1969). “The pertinent part of 21 O.S. § 1436, provides: “Burglary is punishable by imprisonment in the penitentiary as follows: 2.”
Hobson v. State, 280 P.2d 735 (Okla. Crim. App. 1955). “1951 § 1441, while burglary in the second degree is punishable by imprisonment in the penitentiary for not less than 2 years nor more than 7 years, 21 O.S.1951 § 1436. The allegations of the preliminary complaint contained all the essential elements of burglary in the second…”
Smith v. State, 368 P.2d 246 (Okla. Crim. App. 1962). “The statute provides the punishment for conviction on a charge of burglary in the second degree (21 O.S.1951 § 1436) not to exceed seven years, and not less than two years.”
Okla. Stat. tit. 21, § 1436(1): 2 cases
Stringfellow v. State, 744 P.2d 1277 (Okla. Crim. App. 1987). “See 21 O.S.1981, § 1436(1). Under the general attempt statute, the maximum sentence for attempted first degree burglary is one-half (⅛) the maximum sentence possible for a completed first degree burglary, that is, ten (10) years.”
Anthony v. City of Oklahoma City (W.D. Okla. 2023).
Okla. Stat. tit. 21, § 1436(2): 5 cases
Reed v. State, 580 P.2d 159 (Okla. Crim. App. 1978). “” He claims that this provision should govern because the primary offense of burglary in the second degree, 21 O.S.1971, § 1436(2), carries a punishment range of two to seven years and, therefore, the defendant could have received punishment of less than five years.”
Wing v. State, 280 P.2d 740 (Okla. Crim. App. 1955). “21 O.S.1951 § 1436(2). One of the grounds advanced for reversal is the contention that the verdict of the jury is contrary to the law and the evidence, and that the court erred in not sustaining defendant’s demurrer to the evidence, and in refusing to direct a verdict of…”
Ex parte Bridges, 322 P.2d 427 (Okla. Crim. App. 1958).
Clerkley v. City of Oklahoma City, Oklahoma (W.D. Okla. 2023).
Anthony v. City of Oklahoma City (W.D. Okla. 2023).
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