2006 Ohio Revised Code - 2911.21. Criminal trespass.

§ 2911.21. Criminal trespass.
 

(A)  No person, without privilege to do so, shall do any of the following: 

(1) Knowingly enter or remain on the land or premises of another; 

(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard; 

(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access; 

(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either. 

(B)  It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency. 

(C)  It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception. 

(D)  Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree. 

(E)  As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof. 
 

HISTORY: 134 v H 511. Eff 1-1-74; 150 v H 12, § 1, eff. 4-8-04.
 

The provisions of § 6, H.B. 12 (150 v  - ), read as follows: 

SECTION 6.  In amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the Revised Code and in enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code in this act, the General Assembly hereby declares its intent to recognize both of the following: 

(A) The inalienable and fundamental right of an individual to defend the individual's person and the members of the individual's family; 

(B) The fact that the right described in division (A) of this section predates the adoption of the United States Constitution, the adoption of the Ohio Constitution, and the enactment of all statutory laws by the General Assembly and may not be infringed by any enactment of the General Assembly. 

The provisions of § 7, H.B. 12 (150 v  - ), read as follows: 

SECTION 7.  In enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code in this act and in amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the Revised Code in this act relative to licenses to carry a concealed handgun, the General Assembly hereby declares that it is not its intent to declare or otherwise give the impression that, prior to the effective date of this act, an individual did not have an inalienable and fundamental right, or a right under the Ohio Constitution or the United States Constitution, to carry a concealed handgun or other firearm for the defense of the individual's person or a member of the individual's family while engaged in lawful activity. Further, the General Assembly declares that it is not its intent to invalidate any prior convictions for violating any section of the Revised Code or a municipal ordinance prior to the effective date of this act or to prevent the prosecution of any violation committed prior to the effective date of this act. 

The provisions of § 9, H.B. 12 (150 v  - ), read as follows: 

SECTION 9. The General Assembly finds that licenses to carry concealed handguns are a matter of statewide concern and wishes to ensure uniformity throughout the state regarding the qualifications for a person to hold a license to carry a concealed handgun and the authority granted to a person holding a license of that nature. It is the intent of the General Assembly in amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2953.32, and 4749.10 and enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code to enact laws of a general nature, and, by enacting those laws of a general nature, the state occupies and preempts the field of issuing licenses to carry a concealed handgun and the validity of licenses of that nature. No municipal corporation may adopt or continue in existence any ordinance, and no township may adopt or continue in existence any resolution, that is in conflict with those sections, including, but not limited to, any ordinance or resolution that attempts to restrict the places where a person possessing a valid license to carry a concealed handgun may carry a handgun concealed. 

The provisions of § 10, H.B. 12 (150 v  - ), read as follows: 

SECTION 10. If any provision of sections 1547.69, 2911.21, 2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14, 2953.32, and 4749.10 of the Revised Code, as amended by this act, any provision of sections 109.69, 109.731, 311.41, 311.42, 2923.124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211, 2923.1212, and 2923.1213 of the Revised Code, as enacted by this act, or the application of any provision of those sections to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the particular section or related sections that can be given effect without the invalid provision or application, and to this end the provisions of the particular section are severable. 

Not analogous to former RC § 2911.21 (RS §§ 7076-1, 7076-2; 84 v 213; GC § 13162; 109 v 406; Bureau of Code Revision, 10-1-53; 126 v 575), repealed 134 v H 511, § 2, eff 1-1-74.

 

Effect of Amendments

H.B. 12, Acts 2004, effective April 8, 2004, substituted "the offender" for "he" in (A)(2); and inserted "by signage posted in a conspicuous place or otherwise being notified" in (A)(4). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section provides a comprehensive prohibition against unprivileged intrusions on the property of another. Several former sections are consolidated into the new section, which also adds some specific aspects not expressly mentioned in former law. The section is also designed to make it clear that public, as well as private property can be the subject of a trespass. 

All of the four separate types of conduct defined as criminal trespass require that such conduct be unprivileged. "Privilege" is defined in new section 2901.01 of the Revised Code, and, with respect to trespass, is conceived as being broader than permission as such. It may include permission, or it may include a privilege growing out of necessity, or by reason of an emergency, or in the performance of a duty. For example, persons in good faith answering a call for help or otherwise performing good offices in averting danger could claim that an otherwise unauthorized intrusion is privileged. Persons taking shelter from danger might claim privilege - the classic rule that vessels in distress may tie up at a private dock is an example of this type of justification. Police, inspectors, and other public servants can claim that an intrusion is privileged when in the proper exercise of their duties. These examples are not exhaustive. 

Division (A)(1) is substantially equivalent to the first part of former section 2909.21 of the Revised Code, except that the new section requires that the offender knowingly enter or remain on the premises involved. Thus, unlike the former law, an inadvertent though unprivileged intrusion is not a violation under this section. 

Division (A)(2) covers the situation in which the land or premises involved are subject to rules on access or use, and the offender knows or has reasonable cause to believe he is in violation of the rules. This division covers, for example, persons who go into or stay in the public building after hours, or use a door marked "employees only," or swim in a nonswimming zone at a state lake, or pitch a tent in a portion of a campground reserved for travel trailers, or loiter in or about a school without having any business there. 

Division (A)(3) covers the situation where notice of restricted access is given in some manner, and the offender disregards the risk that he is intruding. The notice may be given in a variety of ways, including a verbal warning, or written notice, or by posting in a reasonably conspicuous way, or by barricade, fencing, or other enclosure obviously meant to restrict access. This division covers, for example, unauthorized entry onto a farm through the back fence, or going in front of the ropes marking the fairway at a golf tournament, or climbing the fence for a midnight swim at a public pool, or by-passing a check point at the entrance to a campus temporarily imposing restricted access. 

Division (A)(4) is substantially equivalent to the second portion of former section 2909.21 of the Revised Code. The new section states that the failure to leave on request must be negligent, whereas the former section did not contain an express element of carelessness. It is probable, however, that the new section, and the former section as actually applied, are much the same. Thus, neither the new nor the former section would impose strict liability on the unwilling intruder who for some reason cannot leave, as for example because of injury. 

The section makes it clear that a trespass is not excused simply because the property involved is publicly rather than privately owned. It is well-settled that property owned by a state or political subdivision is not automatically open to all members of the public, but is subject to limitations on access and use which are reasonable in light of its purpose. Adderley v. Florida , 385 U.S. 39, 17 L.Ed. 2d 149, 87 S.Ct. 242 (1966). Also, the section expressly states that permission to come onto property is no permission at all if it is secured by deception, and is thus no defense to a charges of trespass. Finally, the section defines "land or premises" in a broad sense. A portion of land or premises may be included, so that a particular room in a building otherwise open, or a particular part of an otherwise unrestricted outdoor area, can be the subject of a trespass. 

Criminal trespass is a misdemeanor of the fourth degree.