2006 Ohio Revised Code - 2911.12. Burglary.

§ 2911.12. Burglary.
 

(A)  No person, by force, stealth, or deception, shall do any of the following: 

(1) 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; 

(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense; 

(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense; 

(4) Trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present. 

(B)  As used in this section, "occupied structure" has the same meaning as in section 2909.01 of the Revised Code. 

(C)  Whoever violates this section is guilty of burglary. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree. A violation of division (A)(4) of this section is a felony of the fourth degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 7-1-83); 143 v H 837 (Eff 7-3-90); 146 v S 2 (Eff 7-1-96); 146 v S 269. Eff 7-1-96.
 

Not analogous to former RC § 2911.12 (RS § 7080; S&C 703; 70 v 40; GC § 13126; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.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 a lesser included offense to aggravated burglary, by employing the basic elements of the more serious offense, but without the specific elements of inflicting or threatening injury, or of being armed, or that the structure involved is a home. Even without the additional elements, the offense is viewed as serious, because of the higher risk of personal harm involved in maliciously breaking and entering an occupied, as opposed to an unoccupied, structure. 

Burglary is a felony of the second degree.