Ohio Rev. Code » Chapter 2909
Ohio Revised Code

Ohio Rev. Code § 2909.01 (2026)

Arson and related offenses definitions

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Effective:
September 23, 2004
Latest Legislation:
Senate Bill 146 - 125th General Assembly
PDF:
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As used in sections 2909.01 to 2909.07 of the Revised Code:

(A) To "create a substantial risk of serious physical harm to any person" includes the creation of a substantial risk of serious physical harm to any emergency personnel.

(B) "Emergency personnel" means any of the following persons:

(1) A peace officer, as defined in section 2935.01 of the Revised Code;

(2) A member of a fire department or other firefighting agency of a municipal corporation, township, township fire district, joint fire district, other political subdivision, or combination of political subdivisions;

(3) A member of a private fire company, as defined in section 9.60 of the Revised Code, or a volunteer firefighter;

(4) A member of a joint ambulance district or joint emergency medical services district;

(5) An emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance operator, or other member of an emergency medical service that is owned or operated by a political subdivision or a private entity;

(6) The state fire marshal, the chief deputy state fire marshal, or an assistant state fire marshal;

(7) A fire prevention officer of a political subdivision or an arson, fire, or similar investigator of a political subdivision.

(C) "Occupied structure" means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following applies:

(1) It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether or not any person is actually present.

(2) At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present.

(3) At the time, it is specially adapted for the overnight accommodation of any person, whether or not any person is actually present.

(4) At the time, any person is present or likely to be present in it.

(D) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code.

(E) "Computer," "computer hacking," "computer network," "computer program," "computer software," "computer system," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.

(F) "Computer contaminant" means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (F)(1) to (4) of this section or of a type or kind similar to a type or kind described in divisions (F)(1) to (4) of this section:

(1) A group of computer programs commonly known as "viruses" and "worms" that are self-replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;

(2) A group of computer programs commonly known as "Trojans" or "Trojan horses" that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;

(3) A group of computer programs commonly known as "zombies" that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer's or network's performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as "Denial of Service" or "Distributed Denial of Service" attacks;

(4) A group of computer programs commonly know as "trap doors," "back doors," or "root kits" that are designed to bypass standard authentication software and that are designed to allow access to or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent.

(G) "Internet" has the same meaning as in section 341.42 of the Revised Code.
Notes of Decisions
Cited in 150 cases (26 in the last 5 years), 1954–2026 · leading case: Mathis v. United States, 579 U.S. 500 (2016).
Sort: Relevance Newest Treatment
Mathis v. United States, 579 U.S. 500 (2016). · cites it 2× “1–22–06 (2012); Ohio Rev. Code Ann. §§2909.01 , 2911.11–2911.”
State v. Ratliff, 2024-Ohio-61, 233 N.E.3d 755. · cites it 35× “22CA22 12 [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one concerned with the serious…”
State v. Green, 480 N.E.2d 1128 (Ohio Ct. App. 10th Dist. 1984). · cites it 13× “” The trial court then defined “occupied structure” under R.C. 2909.01, which reads in part: “* * * [A]n ‘occupied structure’ is any house, building, * * * or other struc- *71 ture * * * to which any of the following applies: “(A) Which is maintained as a permanent or temporary…”
Tracy Greer v. United States, 938 F.3d 766 (6th Cir. 2019). · cites it 6× “Ohio Rev. Code Ann. § 2909.01 (1973). The relevant definition of aggravated burglary “is a combination of two of the definitions of ‘occupied structure’ found in R.”
State v. Whitaker, 2022-Ohio-2840, 207 N.E.3d 677. · cites it 3× “{¶ 62} “A structure which is dedicated and intended for residential use, and which is not presently occupied as a person’s habitation, but, which has neither been permanently abandoned nor vacant for a prolonged period of time, can be regarded as a structure ‘maintained’ as a…”
State v. Fowler, 445 N.E.2d 1119 (Ohio 1983). · cites it 7× “” “Occupied structure” is defined in R.C. 2909.01: “As used in sections 2909.01 to 2909.”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). · cites it 2× “1-22-02 (1973); Ohio Rev. Code Ann. § 2909.01 (1982); Okla.”
State v. Wilson, 388 N.E.2d 745 (Ohio 1979). · cites it 4× “” ‘No person, by force, stealth, or deception shall trespass in an occupied structure as defined in section 2909.01 of the Revised Code, or in a separately secured or separately occupied portion thereof, with purpose to commit therein any theft offense as defined in section 2913.”
State v. Anderson, 2012-Ohio-3663. · cites it 12× “The Green court reasoned that: [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one…”
State v. Kilby, 361 N.E.2d 1336 (Ohio 1977). · cites it 4× “11, which states that: “(A) No person, by force, stealth, or deception, shall trespass in an occupied structure as defined in Section 2909.01 of the Revised Code, or in a separately secured or *23 separately occupied portion thereof, with purpose to commit therein any theft…”
State v. Ford (Slip Opinion), 2019-Ohio-4539, 140 N.E.3d 616. · cites it 2× “{¶ 332} “Occupied structure” is defined in R.C. 2909.01: (C) “Occupied structure” means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following…”
State v. Russell, 2013-Ohio-3079. · cites it 8× “In support of its determination, the Eleventh District noted that "the closest definition of what constitutes a structure is that of ' * * * any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or any portion…”
Show all 150 citing cases →
Ohio Rev. Code § 2909.01(8): 1 case
State v. Anthony, 2021-Ohio-1916.
Ohio Rev. Code § 2909.01(A): 13 cases
State v. Powell, 2012-Ohio-2577, 971 N.E.2d 865.
State v. Whitaker, 2022-Ohio-2840, 207 N.E.3d 677. “{¶ 62} “A structure which is dedicated and intended for residential use, and which is not presently occupied as a person’s habitation, but, which has neither been permanently abandoned nor vacant for a prolonged period of time, can be regarded as a structure ‘maintained’ as a…”
State v. Green, 480 N.E.2d 1128 (Ohio Ct. App. 10th Dist. 1984). “” The trial court then defined “occupied structure” under R.C. 2909.01, which reads in part: “* * * [A]n ‘occupied structure’ is any house, building, * * * or other struc- *71 ture * * * to which any of the following applies: “(A) Which is maintained as a permanent or temporary…”
State v. Ropp, 2020-Ohio-824.
State v. Fowler, 445 N.E.2d 1119 (Ohio 1983). “” “Occupied structure” is defined in R.C. 2909.01: “As used in sections 2909.01 to 2909.”
Ohio Rev. Code § 2909.01(A)(1): 2 cases
State v. Griffin, 2021-Ohio-3137.
State v. Cook, 2024-Ohio-4481.
Ohio Rev. Code § 2909.01(B): 1 case
State v. Green, 480 N.E.2d 1128 (Ohio Ct. App. 10th Dist. 1984). “” The trial court then defined “occupied structure” under R.C. 2909.01, which reads in part: “* * * [A]n ‘occupied structure’ is any house, building, * * * or other struc- *71 ture * * * to which any of the following applies: “(A) Which is maintained as a permanent or temporary…”
Ohio Rev. Code § 2909.01(B)(2)(a): 1 case
State v. Young, 2011-Ohio-2646.
Ohio Rev. Code § 2909.01(C): 50 cases
State v. Ratliff, 2024-Ohio-61, 233 N.E.3d 755. “22CA22 12 [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one concerned with the serious…”
State v. Gervin, 2016-Ohio-8399.
State v. Short, 2011-Ohio-3641, 952 N.E.2d 1121.
State v. Russell, 2013-Ohio-3079. “In support of its determination, the Eleventh District noted that "the closest definition of what constitutes a structure is that of ' * * * any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or any portion…”
State v. Harris, 2023-Ohio-3994, 227 N.E.3d 510.
Ohio Rev. Code § 2909.01(C)(1): 20 cases
State v. Ratliff, 2024-Ohio-61, 233 N.E.3d 755. “22CA22 12 [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one concerned with the serious…”
State v. Whitaker, 2022-Ohio-2840, 207 N.E.3d 677. “{¶ 62} “A structure which is dedicated and intended for residential use, and which is not presently occupied as a person’s habitation, but, which has neither been permanently abandoned nor vacant for a prolonged period of time, can be regarded as a structure ‘maintained’ as a…”
State v. Braden, 2014-Ohio-3385.
State v. Anderson, 2012-Ohio-3663. “The Green court reasoned that: [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one…”
State v. K.W., 2016-Ohio-7365.
Ohio Rev. Code § 2909.01(C)(2): 8 cases
In re State v. K.L.P.W., 2017-Ohio-5671, 94 N.E.3d 1.
State v. Walker, 629 N.E.2d 471 (Ohio Ct. App. 3d Dist. 1993).
State v. Davis, 2020-Ohio-3199.
State v. Ratliff, 2024-Ohio-61, 233 N.E.3d 755. “22CA22 12 [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one concerned with the serious…”
State v. Thompson-Rivers, 2025-Ohio-5067.
Ohio Rev. Code § 2909.01(C)(3): 2 cases
State v. Ratliff, 2024-Ohio-61, 233 N.E.3d 755. “22CA22 12 [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one concerned with the serious…”
State v. Davis, 2017-Ohio-6904.
Ohio Rev. Code § 2909.01(C)(4): 9 cases
State v. Ratliff, 2024-Ohio-61, 233 N.E.3d 755. “22CA22 12 [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one concerned with the serious…”
State v. Duke, 2021-Ohio-1552.
State v. Anderson, 2012-Ohio-3663. “The Green court reasoned that: [i]t is obvious that the General Assembly, in adopting the definition of “occupied structure” found in R.C. 2909.01, intended to broaden the concept of the offense of burglary from one of an offense against the security of habitation, to one…”
State v. Stults, 2019-Ohio-657.
State v. Pfeiffer, 2015-Ohio-4312.
Ohio Rev. Code § 2909.01(D): 2 cases
State v. Green, 480 N.E.2d 1128 (Ohio Ct. App. 10th Dist. 1984). “” The trial court then defined “occupied structure” under R.C. 2909.01, which reads in part: “* * * [A]n ‘occupied structure’ is any house, building, * * * or other struc- *71 ture * * * to which any of the following applies: “(A) Which is maintained as a permanent or temporary…”
State v. Adams, 598 N.E.2d 719 (Ohio Ct. App. 9th Dist. 1991).
Ohio Rev. Code § 2909.01(F): 1 case
State v. Sullivan, 2011-Ohio-2976.
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