§ 1-117.6. Affirmative defenses to trespass.
A. It shall be an affirmative defense to prosecution of a criminal charge of trespass under Sections 1-117.0 through 1-117.9 that the accused had express or implied permission or legal authority to be on the property.
B. If an accused reasonably believed he or she was upon property for which they had permission to be upon, it shall be an affirmative defense to prosecution of a criminal charge of trespass under this section that the accused had with him or her, on his or her person, written permission from the surface owner, surface lessee, hunting lessee, or lawful occupant to be upon such person’s land while the accused was upon any adjoining property.
C. This affirmative defense shall not be available to the accused if:
1. The accused has previously pled guilty, nolo contendere, or has been convicted of any act of trespass or has been found civilly liable of any act of trespass; or
2. The accused, while upon the adjoining property, did not have with him or her, on their person, the written permission specified in this section. ONCA 22-51, eff. Apr. 14, 2022.