Created by FindLaw's team of legal writers and editors | Last reviewed January 12, 2018
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Although each state has its own definition of conduct that constitutes burglary, 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 crime was actually committed. For example, if someone enters a home with the intention to commit a theft, 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.
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 "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.
Below you will find key provisions of burglary laws in Ohio.
| Statutes | Ohio Revised Code Title XXIX. Crimes Procedure Section 2911.11, et seq. |
| Charges | Aggravated Burglary (§ 2911.11): 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:
Burglary (§ 2911.12(A)):
Trespass in a Habitation (§ 2911.12(B)): It's a fourth degree felony to trespass in a permanent or temporary habitation when any person is present or likely to be present. Breaking and Entering (§ 2911.13): It's a fifth degree felony to trespass in an unoccupied structure with the purpose to commit a theft offense or any felony. It's also a felony of the fifth degree to trespass on someone else's land or premises with the purpose to commit a felony. |
| Penalties | Conviction of any of Ohio's burglary laws can result in imprisonment and fines:
*For a felony of the third degree that is a violation of §2911.12 if the offender previously has been convicted of or pleaded guilty in two or more separate proceedings to two or more violations of §§ 2911.01, 2911.02, 2911.11, or 2911.12, the prison term shall be 12, 18, 24, 30, 36, 42, 48, 54, or 60 months. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Burglary is a serious offense in Ohio and conviction can result in severe consequences. In the event that you're charged with violating Ohio's burglary laws, it may be a good idea to contact an experienced criminal defense attorney in Ohio to talk about your rights and options.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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