Okla. Stat. tit. 2, § 1301-310
Renumbered as 2 O.S. § 16-60 by Laws 2001, SB 522, c. 113, § 56, emerg. eff. April 18, 2001
Effective Jul 1, 1999Laws 1971, c. 349, § 310, emerg. eff. June 24, 1971; Amended by Laws 1982, c. 152, § 1, operative October 1, 1982; Amended by Laws 1983, c. 323, § 1, eff. November 1, 1983; Amended by Laws 1995, c. 238, § 3, eff. November 1, 1995; Amended by Laws 1997, c. 133, § 102 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., c. 2, §§ 23-26, eff. June 19, 1998 (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, § 38, emerg. eff. July 1, 1999 (superseded document available).
A.
- 1. Any person who willfully and maliciously and with intent to do harm shall unlawfully enter upon the lands of another, cut down, injure, remove, or destroy any timber valued at more than Two Hundred Dollars ($200.00), without the permission of the owner or his representative shall be guilty, upon conviction, of a felony, punishable by the imposition of a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the State Penitentiary for not more then five (5) years, or by both.
- 2. Any person who willfully and maliciously and with intent to do harm shall unlawfully enter upon the lands of another, cut down, injure, remove, or destroy any timber valued at Two Hundred Dollars ($200.00) or less, without the permission of the owner or his representative shall be guilty, upon conviction, of a misdemeanor, punishable by the imposition of a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than thirty (30) days.
- 3. The necessary trimming and removal of timber to permit the construction, repair, maintenance, cleanup, and operations of pipelines and utility lines and appurtenances of public utilities, public service corporations, and to aid registered land surveyors and professional engineers in the performance of their professional services, and municipalities, and pipeline companies, or lawful operators and product purchasers of oil and gas shall not be deemed a willful and intentional cutting down, injuring, removing, or destroying of timber.
- 4. The necessary trimming and removal of timber for boundary line maintenance, for the construction, maintenance, and repair of streets, roads, and highways or for the control and regulation of traffic thereon by the state and its political subdivisions or registered land surveyors and professional engineers shall not be deemed a willful and intentional cutting down, injuring, removing, or destroying of timber.
- B. In addition to the punishment prescribed in subsection A of this section, said person is liable in damages pursuant to Section 72 of Title 23 of the Oklahoma Statutes for the damage or injury done to such timber, said damages to be recovered in a civil action by the owner of the property or the public officer having charge of the property.
Laws 1971, c. 349, § 310, emerg. eff. June 24, 1971; Amended by Laws 1982, c. 152, § 1, operative October 1, 1982; Amended by Laws 1983, c. 323, § 1, eff. November 1, 1983; Amended by Laws 1995, c. 238, § 3, eff. November 1, 1995; Amended by Laws 1997, c. 133, § 102 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., c. 2, §§ 23-26, eff. June 19, 1998 (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, § 38, emerg. eff. July 1, 1999 (superseded document available).