2006 Ohio Revised Code - 2911.13. Breaking and entering.

§ 2911.13. Breaking and entering.
 

(A)  No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony. 

(B)  No person shall trespass on the land or premises of another, with purpose to commit a felony. 

(C)  Whoever violates this section is guilty of breaking and entering, a felony of the fifth degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2. Eff 7-1-96.
 

Not analogous to former RC § 2911.13 (RS §§ 7076-4 - 7076-6; 95 v 306; GC § 13130; 123 v 700; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.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 defines an offense identical to burglary, except that the structure involved in a violation of this section is unoccupied rather than occupied. Also, the section in essence defines an "aggravated" species of trespass, that is, trespass on land or premises with purpose to commit a felony. Because of the comparatively low risk of personal harm, an offense under this section is viewed as the least serious in the hierarchy of breaking and entering offenses in the new code. 

Breaking and entering is a felony of the fourth degree.