2006 Ohio Revised Code - 2911.31. Safecracking.
(A) No person, with purpose to commit an offense, shall knowingly enter, force an entrance into, or tamper with any vault, safe, or strongbox.
(B) Whoever violates this section is guilty of safecracking, a felony of the fourth degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2. Eff 7-1-96.
Not analogous to former RC § 2911.31 (RS § 3184c; 86 v 374; 95 v 210; 97 v 499; GC § 13180; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
Analogous to former RC § 2907.12 (RS § 6835-1; 95 v 122; GC § 12440; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
The effective date is set by section 6 of SB 2.
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section is a modified version of a former prohibition against safecracking. Unlike the former law, this section does not require the use or aid of an instrument, device, or explosive, since safes can be unlawfully opened or entered without the aid of any of these. Also, there is no requirement that the safe contain anything of value, since this element in the former law was viewed as giving cracksmen an unreasonably sporting chance. Instead, it is necessary only that the offender's purpose in forcing or tampering with a safe be to commit an offense, regardless of whether the safe proves empty after all his trouble.
The term "strongbox" replaces the term "depository box," since the former term is broader on its face, and it was considered that the crime of safecracking as such ought to be restricted to containers designed primarily for the safekeeping of valuables, such as safes. See, State v. Aspell , 5 Ohio App.2d 44, 34 O.O. 2d 131, 213 N.E.2d 748 (Franklin Co. App., 1966).
Safecracking is viewed as a moderately serious offense, first because it usually involves a burglary or breaking and entering which is difficult to prove, and second because it requires some skill and practice, which suggests that cracksmen can be considered "professional" criminals.
Safecracking is a felony of the third degree.
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