Ohio Rev. Code » Chapter 2909
Ohio Revised Code

Ohio Rev. Code § 2909.05 (2026)

Vandalism

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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
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(A) No person shall knowingly cause serious physical harm to an occupied structure or any of its contents.

(B)(1) No person shall knowingly cause physical harm to property that is owned or possessed by another, when either of the following applies:

(a) The property is used by its owner or possessor in the owner's or possessor's profession, business, trade, or occupation, and the value of the property or the amount of physical harm involved is one thousand dollars or more;

(b) Regardless of the value of the property or the amount of damage done, the property or its equivalent is necessary in order for its owner or possessor to engage in the owner's or possessor's profession, business, trade, or occupation.

(2) No person shall knowingly cause serious physical harm to property that is owned, leased, or controlled by a governmental entity. A governmental entity includes, but is not limited to, the state or a political subdivision of the state, a school district, the board of trustees of a public library or public university, or any other body corporate and politic responsible for governmental activities only in geographical areas smaller than that of the state.

(C) No person, without privilege to do so, shall knowingly cause serious physical harm to any tomb, monument, gravestone, or other similar structure that is used as a memorial for the dead; to any fence, railing, curb, or other property that is used to protect, enclose, or ornament any cemetery; or to a cemetery.

(D) No person, without privilege to do so, shall knowingly cause physical harm to a place of burial by breaking and entering into a tomb, crypt, casket, or other structure that is used as a memorial for the dead or as an enclosure for the dead.

(E) Whoever violates this section is guilty of vandalism. Except as otherwise provided in this division, vandalism is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.11 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved is seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, vandalism is a felony of the fourth degree. If the value of the property or the amount of physical harm involved is one hundred fifty thousand dollars or more, vandalism is a felony of the third degree.

(F) For purposes of this section:

(1) "Cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.

(2) "Serious physical harm" means physical harm to property that results in loss to the value of the property of one thousand dollars or more.
Notes of Decisions
Cited in 228 cases (74 in the last 5 years), 1984–2026 · leading case: Jacobson v. Kaforey (Slip Opinion), 2016-Ohio-8434, 75 N.E.3d 203.
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Jacobson v. Kaforey (Slip Opinion), 2016-Ohio-8434, 75 N.E.3d 203. · cites it 4× “401 [Medicaid eligibility fraud] of the Revised Code occurs may bring a civil action * * * on behalf of the county department of job and family services, against a person who violates division (B) of section 2913.”
State v. Merritt, 2011-Ohio-1468. · cites it 5× “Appellant raises two assignments of error relating to the trial proceedings and one assignment of error regarding his sentence.”
State v. Baker, 2016-Ohio-315. · cites it 5× “The testimony of Kerr and Hawkins constitutes sufficient evidence from which a reasonable jury could find, beyond reasonable doubt, that Baker caused damage in excess of $1,000, which is sufficient to convict Baker of Vandalism. {¶ 21} To find Baker guilty of Burglary, under R.”
In re J.T., 2022-Ohio-3466. · cites it 9× “was charged required proof that the victim used her car in her “profession, business, trade, or occupation[.”
State v. Knuff, 2024-Ohio-902, 239 N.E.3d 259. · cites it 2× “13(A) Count 14 Vandalism (of the property of Classic Hair Studio), in violation of R.C. 2909.05(B)(1)(b) Count 15 Theft (of a cash register containing cash/money from Classic Hair Studio), in violation of R.”
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). · cites it 42× “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
State v. Taflinger, 2018-Ohio-456. · cites it 2× “02(A)(1); fifteen counts of vandalism in violation of R.C. 2909.05(A); and two counts of attempted burglary in violation of 2911.”
State v. Cantrall, 2017-Ohio-7399, 96 N.E.3d 1089. · cites it 12× “Procedural History and Facts {¶3} In August 2015, Cantrall was indicted on four counts: two counts of fifth-degree felony vandalism in violation of R.C. 2909.05(A) and 2909.05(B)(1)(b), one count of fourth-degree felony vandalism in violation of R.”
State v. Parker, 2009-Ohio-3667, 917 N.E.2d 338. · cites it 6× “13(B), a fifth-degree felony; and one count of vandalism, a violation of R.C. 2909.05(B)(1)(a), a fifth-degree felony.”
State v. Lockhart, 2017-Ohio-914. · cites it 6× “1995), we note that the subdivision of Section 2909.05 at issue in Levingston required the State to establish serious physical harm to property, which has different requirements under Section 2901.”
State v. Huckleby, 2018-Ohio-4438. · cites it 7× “31(A), and (3) vandalism in violation of R.C. 2909.05(B)(2).1 {¶ 2} In Case Number 16CA16, appellant assigns five errors for review: 1 The charge that initiated appellant’s contact with the trial court is the charge for the assault of an emergency medical service worker.”
State v. Stubbs, 2024-Ohio-839. · cites it 9× “11(B)(2) provides in relevant part that “the following criteria shall be used in determining the value of property or amount of physical harm involved in a violation” of R.C. 2909.05: “If the * * * physical harm is such that the property can be restored substantially to its…”
Show all 228 citing cases →
Ohio Rev. Code § 2909.05(A): 31 cases
State v. Taflinger, 2018-Ohio-456. “02(A)(1); fifteen counts of vandalism in violation of R.C. 2909.05(A); and two counts of attempted burglary in violation of 2911.”
State v. Armstrong, 2021-Ohio-1087.
State v. Baker, 2016-Ohio-315. “The testimony of Kerr and Hawkins constitutes sufficient evidence from which a reasonable jury could find, beyond reasonable doubt, that Baker caused damage in excess of $1,000, which is sufficient to convict Baker of Vandalism. {¶ 21} To find Baker guilty of Burglary, under R.”
State v. Cantrall, 2017-Ohio-7399, 96 N.E.3d 1089. “Procedural History and Facts {¶3} In August 2015, Cantrall was indicted on four counts: two counts of fifth-degree felony vandalism in violation of R.C. 2909.05(A) and 2909.05(B)(1)(b), one count of fourth-degree felony vandalism in violation of R.”
State v. Tucker, 2016-Ohio-1354, 62 N.E.3d 893.
Ohio Rev. Code § 2909.05(A)(1): 1 case
State v. Nalls, 2023-Ohio-1996.
Ohio Rev. Code § 2909.05(A)(1)(a): 1 case
State v. Stokley, 2022-Ohio-3647.
Ohio Rev. Code § 2909.05(A)(2): 1 case
State v. Cherry, 2024-Ohio-5344.
Ohio Rev. Code § 2909.05(A)(E): 1 case
State v. Patterson, 2025-Ohio-4933.
Ohio Rev. Code § 2909.05(B): 5 cases
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
State v. Jose, 2024-Ohio-881.
State v. Kennedy, 2017-Ohio-5547.
Newton v. Turner, No. 1:20-cv-02799 (N.D. Ohio Apr. 29, 2024).
State v. Hamley, 756 N.E.2d 702 (Ohio Ct. App. 8th Dist. 2001).
Ohio Rev. Code § 2909.05(B)(1): 10 cases
State v. Duhart, 2017-Ohio-7983.
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
State v. Coleman, 2016-Ohio-1111.
State v. Phillips, 2016-Ohio-689.
In re B.T., 2025-Ohio-4545.
Ohio Rev. Code § 2909.05(B)(1)(A): 1 case
State v. Shepherd, 2012-Ohio-736.
Ohio Rev. Code § 2909.05(B)(1)(a): 43 cases
State v. Merritt, 2011-Ohio-1468. “Appellant raises two assignments of error relating to the trial proceedings and one assignment of error regarding his sentence.”
In re J.T., 2022-Ohio-3466. “was charged required proof that the victim used her car in her “profession, business, trade, or occupation[.”
State v. Parker, 2009-Ohio-3667, 917 N.E.2d 338. “13(B), a fifth-degree felony; and one count of vandalism, a violation of R.C. 2909.05(B)(1)(a), a fifth-degree felony.”
State v. Love, 2014-Ohio-437.
State v. Cihon, 2023-Ohio-3108, 223 N.E.3d 991.
Ohio Rev. Code § 2909.05(B)(1)(b): 55 cases
State v. Knuff, 2024-Ohio-902, 239 N.E.3d 259. “13(A) Count 14 Vandalism (of the property of Classic Hair Studio), in violation of R.C. 2909.05(B)(1)(b) Count 15 Theft (of a cash register containing cash/money from Classic Hair Studio), in violation of R.”
State v. Lockhart, 2017-Ohio-914. “1995), we note that the subdivision of Section 2909.05 at issue in Levingston required the State to establish serious physical harm to property, which has different requirements under Section 2901.”
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
State v. Clay, 2020-Ohio-1499.
In re J.S., 2020-Ohio-3413.
Ohio Rev. Code § 2909.05(B)(1)(d): 1 case
State v. Feliciano, 2013-Ohio-5688.
Ohio Rev. Code § 2909.05(B)(2): 50 cases
State v. Huckleby, 2018-Ohio-4438. “31(A), and (3) vandalism in violation of R.C. 2909.05(B)(2).1 {¶ 2} In Case Number 16CA16, appellant assigns five errors for review: 1 The charge that initiated appellant’s contact with the trial court is the charge for the assault of an emergency medical service worker.”
State v. Allsup, 2011-Ohio-405.
State v. Kinney, 2018-Ohio-404, 105 N.E.3d 603.
State v. Stubbs, 2024-Ohio-839. “11(B)(2) provides in relevant part that “the following criteria shall be used in determining the value of property or amount of physical harm involved in a violation” of R.C. 2909.05: “If the * * * physical harm is such that the property can be restored substantially to its…”
State v. Healey, 2015-Ohio-4630.
Ohio Rev. Code § 2909.05(B)(2)(E): 4 cases
State v. Williams, 2012-Ohio-5344.
State v. Whitted, 2012-Ohio-1695.
State v. Heidelburg, 2023-Ohio-3408.
State v. Ramey, 2018-Ohio-2202.
Ohio Rev. Code § 2909.05(B)(l)(b): 1 case
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
Ohio Rev. Code § 2909.05(C): 3 cases
State v. Levingston, 666 N.E.2d 312 (Ohio Ct. App. 2d Dist. 1995).
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
State v. O'Day, 2024-Ohio-1654.
Ohio Rev. Code § 2909.05(D): 1 case
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
Ohio Rev. Code § 2909.05(E): 6 cases
State v. Dukes, 2019-Ohio-2893.
State v. West, 2013-Ohio-487.
State v. Toms, 2017-Ohio-1576.
State v. Bowman, 2023-Ohio-2818, 223 N.E.3d 506.
State v. Vance, 2025-Ohio-2599.
Ohio Rev. Code § 2909.05(F)(2): 12 cases
State v. Baker, 2016-Ohio-315. “The testimony of Kerr and Hawkins constitutes sufficient evidence from which a reasonable jury could find, beyond reasonable doubt, that Baker caused damage in excess of $1,000, which is sufficient to convict Baker of Vandalism. {¶ 21} To find Baker guilty of Burglary, under R.”
State v. Stubbs, 2024-Ohio-839. “11(B)(2) provides in relevant part that “the following criteria shall be used in determining the value of property or amount of physical harm involved in a violation” of R.C. 2909.05: “If the * * * physical harm is such that the property can be restored substantially to its…”
State v. Allsup, 2011-Ohio-405.
State v. Huckleby, 2018-Ohio-4438. “31(A), and (3) vandalism in violation of R.C. 2909.05(B)(2).1 {¶ 2} In Case Number 16CA16, appellant assigns five errors for review: 1 The charge that initiated appellant’s contact with the trial court is the charge for the assault of an emergency medical service worker.”
State v. Baker, 2018-Ohio-511.
Ohio Rev. Code § 2909.05(b)(1)(B): 1 case
State v. Dunfee, 894 N.E.2d 359 (Ohio Ct. App. 2d Dist. 2008). “{¶ 5} R.C. 2909.05 enumerates several circumstances that constitute vandalism.”
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