2006 Ohio Revised Code - 2911.11. Aggravated burglary.

§ 2911.11. Aggravated burglary.
 

(A)  No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply: 

(1) The offender inflicts, or attempts or threatens to inflict physical harm on another; 

(2) The offender has a deadly weapon or dangerous ordnance on or about the offender's person or under the offender's control. 

(B)  Whoever violates this section is guilty of aggravated burglary, a felony of the first degree. 

(C)  As used in this section: 

(1) "Occupied structure" has the same meaning as in section 2909.01 of the Revised Code. 

(2) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 1-5-83); 140 v S 210 (Eff 7-1-83); 146 v S 2 (Eff 7-1-96); 146 v S 269. Eff 7-1-96.
 

Not analogous to former RC § 2911.11 (RS § 7085; S&C 422; 50 v 132; 57 v 56; GC § 13115; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 5 of SB 269. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section defines the most serious of the three breaking and entering offenses contained in the new code. Former law contained ten separate breaking and entering offenses, seven of which have at least some elements incorporated in the new section, although none is exactly analogous to it. Under the new section, aggravated burglary is a trespass in an occupied structure, accomplished by force, stealth, or deception, for the purpose of committing a felony or stealing, when the offender is armed or attempts or threatens harm to anyone, or when the structure involved is someone's home. 

Under former law, distinctions among types of breaking and entering offenses were generally predicated on one or more of three factors: whether the offense was committed in daylight or nighttime; the type of property entered; and the offender's specific reason for entering. The prime distinguishing factor among such offenses in the new code, however, is the relative potential for harm to persons. 

Since aggravated burglary carries the highest degree of risk that someone may be harmed, it is the most serious of the three breaking and entering offenses in the new code. Because the risk of personal harm is emphasized in such offenses, the traditional night-day distinction is done away with, and the type of structure involved is important only insofar as it is occupied or unoccupied, or is or is not a home. 

Aggravated burglary is a felony of the first degree.