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Ohio Revised Code

Ohio Rev. Code § 2911.11 (2026)

Aggravated burglary

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Effective:
July 1, 1996
Latest Legislation:
Senate Bill 269 - 121st General Assembly
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(A) No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply:

(1) The offender inflicts, or attempts or threatens to inflict physical harm on another;

(2) The offender has a deadly weapon or dangerous ordnance on or about the offender's person or under the offender's control.

(B) Whoever violates this section is guilty of aggravated burglary, a felony of the first degree.

(C) As used in this section:

(1) "Occupied structure" has the same meaning as in section 2909.01 of the Revised Code.

(2) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised Code.
Notes of Decisions
Cited in 1,204 cases (338 in the last 5 years), 1976–2026 · leading case: State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127.
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State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. · cites it 18× “The remaining counts of the indictment set forth charges for aggravated burglary (R.C. 2911.11(A)), aggravated robbery (R.C.”
State v. Gardner, 889 N.E.2d 995 (Ohio 2008). · cites it 12× “See Legislative Service Commission Notes to R.C. 2911.11; State v. Barker (Sept. 27, 2001), Licking App.”
State v. Knuff, 2024-Ohio-902, 239 N.E.3d 259. · cites it 8× “But even assuming that Knuff’s actions meet the legal definition of “aggravated burglary” in this case, see R.C. 2911.11, his actions were an inappropriate basis on which to seek the death penalty.”
State v. Craig, 2017-Ohio-4342. · cites it 21× “The Marriott court reasoned that aggravated burglary is not defined in terms of harm to another, but rather essentially that the trespass is at the heart of the offense: “[T]he purpose of R.”
State v. Harris, 2023-Ohio-3994, 227 N.E.3d 510. · cites it 7× “See R.C. 2911.11; R.C. 2929.14. {¶ 9} At the sentencing hearing, however, the trial court noted it had previously found the Reagan Tokes Law to be unconstitutional on the grounds cited in State v.”
State v. McFarland (Slip Opinion), 2020-Ohio-3343, 164 N.E.3d 316. · cites it 4× “11(A)(2) (committed with a deadly weapon); Count 8, aggravated burglary under R.C. 2911.11(A)(1) (inflicted physical harm on the victim); Count 9, aggravated burglary under R.”
State v. Marriott, 937 N.E.2d 614 (Ohio Ct. App. 2d Dist. 2010). · cites it 16× “11, the aggravated-burglary statute, provides: {¶ 22} “(A) No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the…”
State v. Lynn, 2011-Ohio-2722, 129 Ohio St. 3d 146. · cites it 8× “As I have previously stated, the phrase “with the purpose to commit in the structure * * * any criminal offense” in R.C. 2911.11(A) defines the mens rea that the state must prove beyond a reasonable doubt, and, as a matter of due process, the jury should be instructed on the…”
State v. Fry, 2010-Ohio-1017, 926 N.E.2d 1239. · cites it 4× “R.C. 2911.11. But under the facts in this case, the aggravated burglary, trespassing with the intent to commit a criminal offense, is implicit in the murder — it is not a separate crime.”
State v. K.W., 2016-Ohio-7365. · cites it 8× “was a delinquent child for having committed acts that if charged as an adult would constitute aggravated burglary in violation of R.C. 2911.11(A)(1), a first-degree felony, attempted aggravated burglary in violation of R.”
State v. Ford (Slip Opinion), 2019-Ohio-4539, 140 N.E.3d 616. · cites it 4× “{¶ 331} The aggravated-burglary statute, R.C. 2911.11, provides: (A) No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an…”
State v. Mammone (Slip Opinion), 2014-Ohio-1942, 13 N.E.3d 1051. · cites it 4× “145); two counts of aggravated burglary (R.C. 2911.11(A)), each with a firearm specification; violating a protection order (R.”
Show all 1,204 citing cases →
Ohio Rev. Code § 2911.11(A): 110 cases
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. “The remaining counts of the indictment set forth charges for aggravated burglary (R.C. 2911.11(A)), aggravated robbery (R.C.”
State v. Gardner, 889 N.E.2d 995 (Ohio 2008). “See Legislative Service Commission Notes to R.C. 2911.11; State v. Barker (Sept. 27, 2001), Licking App.”
State v. Mammone (Slip Opinion), 2014-Ohio-1942, 13 N.E.3d 1051. “145); two counts of aggravated burglary (R.C. 2911.11(A)), each with a firearm specification; violating a protection order (R.”
State v. Haller, 2012-Ohio-5233.
State v. Heise, 2020-Ohio-662.
Ohio Rev. Code § 2911.11(A)(1): 620 cases
State v. Knuff, 2024-Ohio-902, 239 N.E.3d 259. “But even assuming that Knuff’s actions meet the legal definition of “aggravated burglary” in this case, see R.C. 2911.11, his actions were an inappropriate basis on which to seek the death penalty.”
State v. K.W., 2016-Ohio-7365. “was a delinquent child for having committed acts that if charged as an adult would constitute aggravated burglary in violation of R.C. 2911.11(A)(1), a first-degree felony, attempted aggravated burglary in violation of R.”
State v. McFarland (Slip Opinion), 2020-Ohio-3343, 164 N.E.3d 316. “11(A)(2) (committed with a deadly weapon); Count 8, aggravated burglary under R.C. 2911.11(A)(1) (inflicted physical harm on the victim); Count 9, aggravated burglary under R.”
State v. Harris, 2023-Ohio-3994, 227 N.E.3d 510. “See R.C. 2911.11; R.C. 2929.14. {¶ 9} At the sentencing hearing, however, the trial court noted it had previously found the Reagan Tokes Law to be unconstitutional on the grounds cited in State v.”
State v. Adams (Slip Opinion), 2015-Ohio-3954, 45 N.E.3d 127. “The remaining counts of the indictment set forth charges for aggravated burglary (R.C. 2911.11(A)), aggravated robbery (R.C.”
Ohio Rev. Code § 2911.11(A)(1)(2): 3 cases
State v. Small, 2011-Ohio-4086.
State v. Bigsby, 2013-Ohio-5641.
State v. Buckley, 2022-Ohio-1873.
Ohio Rev. Code § 2911.11(A)(1)(2)(3): 1 case
State v. McCabe, 2018-Ohio-3176.
Ohio Rev. Code § 2911.11(A)(1)(3): 3 cases
State v. Mitchell, 2020-Ohio-3417.
State v. Mitchell, 2019-Ohio-844.
State v. Mitchell, 2022-Ohio-1009.
Ohio Rev. Code § 2911.11(A)(1)(B): 12 cases
State v. Matland, 2010-Ohio-6585.
State v. Williams, 2015-Ohio-4100.
State v. James, 2020-Ohio-4289.
State v. Chaney, 2010-Ohio-1312.
State v. Williams, 2012-Ohio-6277.
Ohio Rev. Code § 2911.11(A)(1)(C): 1 case
State v. Tellington, 2011-Ohio-3405.
Ohio Rev. Code § 2911.11(A)(2): 296 cases
State v. Gardner, 889 N.E.2d 995 (Ohio 2008). “See Legislative Service Commission Notes to R.C. 2911.11; State v. Barker (Sept. 27, 2001), Licking App.”
State v. Hand (Slip Opinion), 2016-Ohio-5504, 73 N.E.3d 448.
State v. Short, 2011-Ohio-3641, 952 N.E.2d 1121.
State v. Craig, 2017-Ohio-4342. “The Marriott court reasoned that aggravated burglary is not defined in terms of harm to another, but rather essentially that the trespass is at the heart of the offense: “[T]he purpose of R.”
State v. Potts, 2016-Ohio-5555, 69 N.E.3d 1227.
Ohio Rev. Code § 2911.11(A)(2)(B): 6 cases
State v. Williams, 2015-Ohio-4100.
State v. Petefish, 2011-Ohio-6367.
State v. Bigsby, 2013-Ohio-5641.
State v. Chaney, 2023-Ohio-8, 205 N.E.3d 646.
State v. Tapscott, 2025-Ohio-5609.
Ohio Rev. Code § 2911.11(A)(3): 39 cases
State v. Waszily, 664 N.E.2d 600 (Ohio Ct. App. 8th Dist. 1995).
State v. Robinson, 670 N.E.2d 1077 (Ohio Ct. App. 3d Dist. 1996).
State v. Green, 480 N.E.2d 1128 (Ohio Ct. App. 10th Dist. 1984).
State v. Walker, 629 N.E.2d 471 (Ohio Ct. App. 3d Dist. 1993).
State v. Shields, 472 N.E.2d 1110 (Ohio Ct. App. 8th Dist. 1984).
Ohio Rev. Code § 2911.11(A)(4): 1 case
State v. Gaines, 2019-Ohio-5003.
Ohio Rev. Code § 2911.11(A)(5): 1 case
State v. Jackson, 2015-Ohio-4490.
Ohio Rev. Code § 2911.11(A)(C): 1 case
State v. Louden, 2014-Ohio-3059.
Ohio Rev. Code § 2911.11(A)(C)(1)(c): 1 case
State v. Edwards, 2021-Ohio-1917.
Ohio Rev. Code § 2911.11(AX3): 1 case
State v. Vaughn, 3 Ohio App. Unrep. 158 (Ohio Ct. App. 7th Dist. 1990).
Ohio Rev. Code § 2911.11(B): 16 cases
State v. Flowers, 475 N.E.2d 790 (Ohio Ct. App. 10th Dist. 1984).
State v. Avery, 709 N.E.2d 875 (Ohio Ct. App. 3d Dist. 1998).
State v. McKnight, 2022-Ohio-591, 185 N.E.3d 1148.
State v. Young, 2020-Ohio-4135.
State v. Linde, 2013-Ohio-3503.
Ohio Rev. Code § 2911.11(C)(1): 3 cases
State v. Harris, 2023-Ohio-3994, 227 N.E.3d 510. “See R.C. 2911.11; R.C. 2929.14. {¶ 9} At the sentencing hearing, however, the trial court noted it had previously found the Reagan Tokes Law to be unconstitutional on the grounds cited in State v.”
State v. Brooks, 2016-Ohio-489, 56 N.E.3d 357.
State v. Cotton, 2017-Ohio-5807.
Ohio Rev. Code § 2911.11(C)(2): 2 cases
State v. Taylor, 2011-Ohio-5009.
State v. Boykins, 2026-Ohio-1936.
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