{"id":375608,"date":"2018-01-12T11:03:18","date_gmt":"2018-01-12T16:03:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-burglary-laws.html"},"modified":"2018-01-12T11:10:07","modified_gmt":"2018-01-12T16:10:07","slug":"ohio-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-burglary-laws.html","title":{"rendered":"Ohio Burglary Laws"},"content":{"rendered":"\n
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Ohio Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Although each state has its own definition of conduct that constitutes burglary<\/a>, it’s generally defined as unlawfully entering a structure with the intent to commit a crime. It’s important to note that burglary can occur whether or not the intended<\/a> crime was actually committed. For example, if someone enters a home with the intention to commit a theft<\/a>, but leaves without actually taking anything, he or she has still committed burglary. Additionally, burglary doesn’t require physical breaking and entering, meaning that a person who enters a building through an unlocked door or open window is still committing a burglary.<\/p>\n

Ohio has three separate statutes addressing conduct that constitutes burglary. Although each statute addresses specific conduct and circumstances, the common element is that the offender trespasses<\/a> "by force, stealth, or deception" onto another’s property. While burglary is classified as a felony in Ohio, the circumstances surrounding the burglary will affect the degree of the felony.<\/p>\n

Ohio Burglary Laws Overview<\/h2>\n

Below you will find key provisions of burglary laws in Ohio.<\/p>\n\n
Statutes<\/b><\/td>\n

Ohio Revised Code Title XXIX. Crimes Procedure Section 2911.11<\/a>, et seq.<\/p>\n<\/td>\n<\/tr>

Charges<\/b><\/td>\n

Aggravated Burglary (\u00a7 2911.11)<\/b>: It’s a first degree felony to trespass in an occupied structure when people are present with the purpose to commit a criminal offense, and:<\/p>\n

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  • The person inflicts, attempts or threatens to inflict physical harm on another; or<\/li>\n
  • The person has a deadly weapon.<\/li>\n<\/ul>\n

    Burglary (\u00a7 2911.12(A))<\/b>:<\/p>\n

Penalties<\/b><\/td>\n

Conviction of any of Ohio’s burglary laws can result in imprisonment<\/a> and fines<\/a>:<\/p>\n