(A) No person, by force, stealth, or deception, shall do any of the following:
(1) 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;
(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;
(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense.
(B) No person, by force, stealth, or deception, shall trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.
(C) As used in this section, "occupied structure" has the same meaning as in section 2909.01 of the Revised Code.
(D) Whoever violates division (A) of this section is guilty of burglary. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.
(E) Whoever violates division (B) of this section is guilty of trespass in a habitation when a person is present or likely to be present, a felony of the fourth degree.
Notes of Decisions
Cited in 1,123
cases (313 in the last 5 years), 1978–2026 · leading case: State v. Petit, 2017-Ohio-633.
State v. Petit, 2017-Ohio-633. · cites it 16ד{¶ 6} Appellant was indicted in April 2013 on one count of burglary in violation of R.C. 2911.12(A)(2), a second-degree felony, and four counts of receiving stolen property.”
State v. Snyder, 947 N.E.2d 1281 (Ohio Ct. App. 9th Dist. 2011). · cites it 30ד*58 {¶ 3} Snyder was charged with one count of burglary in violation of R.C. 2911.12(A)(1) and a repeat-violent-offender specification.”
State v. Cole, 2016-Ohio-2936. · cites it 19ד12(A)(2) and found him guilty of the lesser included offense of third-degree felony burglary under R.”
State v. Haller, 2012-Ohio-5233. · cites it 7ד8 {¶60} Although Haller was indicted under section (A)(2) of R.C. 2911.12 and the jury was instructed under section (A)(2) of the same statute, we find, and the State concedes, that the verdict forms for Counts XI and XIII are insufficient to convict Haller of second degree…”
State v. Wilson, 2019-Ohio-2754. · cites it 22דNeither the original indictment nor the amendment specified that a person was present or likely to be present in the occupied structure at the time of the crime. See R.”
State v. Boyce, 2020-Ohio-3573. · cites it 18ד51(A) M1 Patton 15 Burglary R.C. 2911.12(A)(1) F2 Ahmed 16 Receiving Stolen Property R.”
State v. Hudson, 2018-Ohio-423, 106 N.E.3d 205. · cites it 10דHudson was convicted after a bench trial in the Montgomery County Court of Common Pleas of burglary in violation of R.C. 2911.12(A)(2), a felony of the second degree.”
State v. Bennington, 2019-Ohio-4386, 148 N.E.3d 1. · cites it 12ד12 provides in relevant part: (A) No person, by force, stealth, or deception, shall do any of the following: *** (2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation…”
United States v. Cesar Bernel-Aveja, 844 F.3d 206 (5th Cir. 2016). · cites it 9ד2007) (per curiam) (vacating a sentence enhancement based on a prior conviction under Ohio Rev. Code Ann. § 2911.12 (A)(3)). Bemel-Aveja’s statute of conviction lacks the "occupied structure” term and instead proscribes trespass of a “permanent or temporary habitation.”
State v. Bertram, 2023-Ohio-1456, 229 N.E.3d 8. · cites it 7ד] Criminal law—Sufficiency of the evidence—Burglary—R.C. 2911.12(A)—To prove that a defendant trespassed by stealth or deception in a burglary case, the state must prove that the defendant actively avoided discovery or used deceptive conduct to gain entry into the…”
State v. Richardson, 2014-Ohio-2055. · cites it 18דWe find that the state failed to prove the essential elements to support a conviction for second-degree burglary under R.C. 2911.12(A)(2), but find that the evidence supported a conviction on a lesser included offense of burglary, as a third-degree felony, under R.”
State v. Erker, 2019-Ohio-3185, 141 N.E.3d 543. · cites it 8ד26, 1987), we held that “gaining access through an unlocked door is sufficient force under R.C. 2911.12.” Id. at 4. We noted that “[f]orce is defined in R.”
State v. Bertram, 2023-Ohio-1456, 229 N.E.3d 8. “] Criminal law—Sufficiency of the evidence—Burglary—R.C. 2911.12(A)—To prove that a defendant trespassed by stealth or deception in a burglary case, the state must prove that the defendant actively avoided discovery or used deceptive conduct to gain entry into the…”
State v. Erker, 2019-Ohio-3185, 141 N.E.3d 543. “26, 1987), we held that “gaining access through an unlocked door is sufficient force under R.C. 2911.12.” Id. at 4. We noted that “[f]orce is defined in R.”
State v. Snyder, 947 N.E.2d 1281 (Ohio Ct. App. 9th Dist. 2011). “*58 {¶ 3} Snyder was charged with one count of burglary in violation of R.C. 2911.12(A)(1) and a repeat-violent-offender specification.”
State v. Erker, 2019-Ohio-3185, 141 N.E.3d 543. “26, 1987), we held that “gaining access through an unlocked door is sufficient force under R.C. 2911.12.” Id. at 4. We noted that “[f]orce is defined in R.”
State v. Petit, 2017-Ohio-633. “{¶ 6} Appellant was indicted in April 2013 on one count of burglary in violation of R.C. 2911.12(A)(2), a second-degree felony, and four counts of receiving stolen property.”
State v. Cole, 2016-Ohio-2936. “12(A)(2) and found him guilty of the lesser included offense of third-degree felony burglary under R.”
State v. Hudson, 2018-Ohio-423, 106 N.E.3d 205. “Hudson was convicted after a bench trial in the Montgomery County Court of Common Pleas of burglary in violation of R.C. 2911.12(A)(2), a felony of the second degree.”
State v. Haller, 2012-Ohio-5233. “8 {¶60} Although Haller was indicted under section (A)(2) of R.C. 2911.12 and the jury was instructed under section (A)(2) of the same statute, we find, and the State concedes, that the verdict forms for Counts XI and XIII are insufficient to convict Haller of second degree…”
State v. Boyce, 2020-Ohio-3573. “51(A) M1 Patton 15 Burglary R.C. 2911.12(A)(1) F2 Ahmed 16 Receiving Stolen Property R.”
State v. Wilson, 2019-Ohio-2754. “Neither the original indictment nor the amendment specified that a person was present or likely to be present in the occupied structure at the time of the crime. See R.”
State v. Petit, 2017-Ohio-633. “{¶ 6} Appellant was indicted in April 2013 on one count of burglary in violation of R.C. 2911.12(A)(2), a second-degree felony, and four counts of receiving stolen property.”
State v. Cole, 2016-Ohio-2936. “12(A)(2) and found him guilty of the lesser included offense of third-degree felony burglary under R.”
State v. McCall, 787 N.E.2d 1241 (Ohio Ct. App. 7th Dist. 2003).
Ohio Rev. Code § 2911.12(A)(4): 31 cases
State v. Snyder, 947 N.E.2d 1281 (Ohio Ct. App. 9th Dist. 2011). “*58 {¶ 3} Snyder was charged with one count of burglary in violation of R.C. 2911.12(A)(1) and a repeat-violent-offender specification.”
State v. Haller, 2012-Ohio-5233. “8 {¶60} Although Haller was indicted under section (A)(2) of R.C. 2911.12 and the jury was instructed under section (A)(2) of the same statute, we find, and the State concedes, that the verdict forms for Counts XI and XIII are insufficient to convict Haller of second degree…”
State v. Gilden, 759 N.E.2d 468 (Ohio Ct. App. 1st Dist. 2001).
State v. Hudson, 2018-Ohio-423, 106 N.E.3d 205. “Hudson was convicted after a bench trial in the Montgomery County Court of Common Pleas of burglary in violation of R.C. 2911.12(A)(2), a felony of the second degree.”
State v. Snyder, 947 N.E.2d 1281 (Ohio Ct. App. 9th Dist. 2011). “*58 {¶ 3} Snyder was charged with one count of burglary in violation of R.C. 2911.12(A)(1) and a repeat-violent-offender specification.”
State v. Wilson, 2019-Ohio-2754. “Neither the original indictment nor the amendment specified that a person was present or likely to be present in the occupied structure at the time of the crime. See R.”
State v. Craft, 908 N.E.2d 476 (Ohio Ct. App. 12th Dist. 2009).
State v. Wilson, 2019-Ohio-2754. “Neither the original indictment nor the amendment specified that a person was present or likely to be present in the occupied structure at the time of the crime. See R.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.