This change eliminated the mandatory minimum for Second Degree Burglary and created Third Degree Burglary. SB 786 amended 21 O.S. §§ 1435 and 1436. It went into effect November 1, 2018
The definition 
Burglary in the Second Degree is now the following:
- Breaking and entering 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 inside of it or to commit any felony
- The maximum punishment in the Department of Corrections is seven years. There is no mandatory minimum anymore.
Burglary in the Third Degree is:
- Breaking and entering any automobile, truck, trailer, or vessel of another, in which any property is kept, with intent to steal any property inside of it or to commit any felony
- The maximum punishment in the Department of Corrections is five years.
Sources: SB 786 and 21 O.S. §§ 1435 & 1436
Arrested for burglary in Oklahoma? Call Oklahoma burglary attorney Frank Urbanic in OKC at 405-633-3420.