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Ohio Revised Code

Ohio Rev. Code § 2911.12 (2026)

Burglary

✓ current as of May 2026
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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
PDF:
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(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 (Ohio Ct. App. 2017).
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State v. Petit, 2017 Ohio 633 (Ohio Ct. App. 2017). · cites it 16× “{¶ 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. 2011). · cites it 30× “*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 (Ohio Ct. App. 2016). · cites it 19× “12(A)(2) and found him guilty of the lesser included offense of third-degree felony burglary under R.”
State v. Haller, 2012 Ohio 5233 (Ohio Ct. App. 2012). · cites it 7× “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. Wilson, 2019 Ohio 2754 (Ohio Ct. App. 2019). · cites it 22× “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. Boyce, 2020 Ohio 3573 (Ohio Ct. App. 2020). · cites it 18× “51(A) M1 Patton 15 Burglary R.C. 2911.12(A)(1) F2 Ahmed 16 Receiving Stolen Property R.”
State v. Hudson, 2018 Ohio 423 (Ohio Ct. App. 2018). · cites it 10× “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. Bennington, 2019 Ohio 4386 (Ohio Ct. App. 2019). · cites it 12× “12 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 9× “2007) (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 (Ohio 2023). · cites it 7× “] 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 (Ohio Ct. App. 2014). · cites it 18× “We 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 (Ohio Ct. App. 2019). · cites it 8× “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.”
Show all 1,123 citing cases →
— Ohio Rev. Code § 2911.12(8) — 1 case
State v. Leasure, 2018 Ohio 1470 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2911.12(A) — 49 cases
State v. Bertram, 2023 Ohio 1456 (Ohio 2023). “] 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…”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009).
State v. Erker, 2019 Ohio 3185 (Ohio Ct. App. 2019). “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.”
In re A.R., 2017 Ohio 8058 (Ohio Ct. App. 2017).
State v. Blenman, 2021 Ohio 3076 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2911.12(A)(1) — 271 cases
State v. Snyder, 947 N.E.2d 1281 (Ohio Ct. App. 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 (Ohio Ct. App. 2019). “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. Sutton, 2015 Ohio 4074 (Ohio Ct. App. 2015).
State v. Penwell, 2017 Ohio 7465 (Ohio Ct. App. 2017).
State v. Hartman (Slip Opinion), 2020 Ohio 4440 (Ohio 2020).
— Ohio Rev. Code § 2911.12(A)(1)(B) — 1 case
State v. Martin, 2011 Ohio 6408 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2911.12(A)(1)(C) — 3 cases
State ex rel. Mitchell v. Pittman, 2022 Ohio 2542 (Ohio 2022).
State v. Kornegay, 2013 Ohio 658 (Ohio Ct. App. 2013).
State ex rel. Mitchell v. Pittman, 2022 Ohio 4466 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2911.12(A)(1)(D) — 3 cases
State v. Tillis, 2017 Ohio 9010 (Ohio Ct. App. 2017).
State v. Wilson, 2023 Ohio 3314 (Ohio Ct. App. 2023).
State v. Antonacci, 2025 Ohio 1304 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2911.12(A)(1)(d) — 1 case
State v. Music, 2015 Ohio 3162 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2911.12(A)(2) — 411 cases
State v. Petit, 2017 Ohio 633 (Ohio Ct. App. 2017). “{¶ 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 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2018). “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 (Ohio Ct. App. 2012). “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. Davis, 2019 Ohio 1904 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2911.12(A)(2)(C) — 9 cases
State v. Kozic, 2014 Ohio 3788 (Ohio Ct. App. 2014).
State v. Harrison, 2010 Ohio 2746 (Ohio Ct. App. 2010).
State v. Calloway, 2011 Ohio 4257 (Ohio Ct. App. 2011).
State v. Martin, 2011 Ohio 6408 (Ohio Ct. App. 2011).
State v. Kozic, 2016 Ohio 8556 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2911.12(A)(2)(C)(D) — 1 case
State v. Clark, 2012 Ohio 5570 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2911.12(A)(2)(D) — 9 cases
State v. Brown, 2018 Ohio 253 (Ohio Ct. App. 2018).
State v. Heidelburg, 2023 Ohio 3408 (Ohio Ct. App. 2023).
State v. Dirocco, 2022 Ohio 3221 (Ohio Ct. App. 2022).
State v. Allen, 2023 Ohio 3739 (Ohio Ct. App. 2023).
Osco v. Pittman, 2019 Ohio 1410 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2911.12(A)(2)(c) — 1 case
State v. Kozic, 2017 Ohio 946 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2911.12(A)(2)(d) — 1 case
State v. Eberhardt, 2020 Ohio 4124 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2911.12(A)(3) — 267 cases
State v. Boyce, 2020 Ohio 3573 (Ohio Ct. App. 2020). “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 (Ohio Ct. App. 2019). “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 (Ohio Ct. App. 2017). “{¶ 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 (Ohio Ct. App. 2016). “12(A)(2) and found him guilty of the lesser included offense of third-degree felony burglary under R.”
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
— Ohio Rev. Code § 2911.12(A)(3)(C) — 2 cases
State v. Simons, 2013 Ohio 3654 (Ohio Ct. App. 2013).
State v. Harrison, 2010 Ohio 2746 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2911.12(A)(3)(D) — 1 case
State v. Davis, 2017 Ohio 6904 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2911.12(A)(3)(c) — 1 case
State v. McCall, 787 N.E.2d 1241 (Ohio Ct. App. 2003).
— Ohio Rev. Code § 2911.12(A)(4) — 31 cases
State v. Snyder, 947 N.E.2d 1281 (Ohio Ct. App. 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.”
Geoffrey M. Radvansky v. City of Olmsted Falls, 395 F.3d 291 (6th Cir. 2005).
State v. Haller, 2012 Ohio 5233 (Ohio Ct. App. 2012). “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. 2001).
In re Predmore, 2010 Ohio 1626 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 2911.12(B) — 133 cases
State v. Dorsey, 2021 Ohio 76 (Ohio Ct. App. 2021).
State v. Chafin, 2020 Ohio 3983 (Ohio Ct. App. 2020).
State v. Hudson, 2018 Ohio 423 (Ohio Ct. App. 2018). “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.”
In re State v. K.L.P.W., 2017 Ohio 5671 (Ohio Ct. App. 2017).
State v. Stone, 2024 Ohio 177 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2911.12(B)(E) — 1 case
State v. Phillips, 2017 Ohio 7107 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2911.12(C) — 9 cases
State v. Snyder, 947 N.E.2d 1281 (Ohio Ct. App. 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 (Ohio Ct. App. 2019). “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. 2009).
State v. Ratliff, 2024 Ohio 61 (Ohio Ct. App. 2024).
State v. Anderson, 2012 Ohio 3663 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2911.12(D) — 18 cases
State v. Wilson, 2019 Ohio 2754 (Ohio Ct. App. 2019). “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. Rue (Slip Opinion), 2020 Ohio 6706 (Ohio 2020).
State v. Stoddard, 2020 Ohio 893 (Ohio Ct. App. 2020).
State v. Moore, 2022 Ohio 4261 (Ohio Ct. App. 2022).
State v. Johnson, 2019 Ohio 5386 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2911.12(D)(E) — 1 case
State v. Brown, 2021 Ohio 573 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2911.12(E) — 1 case
State v. Jackson, 2018 Ohio 4289 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2911.12(a)(2) — 1 case
State v. Phillips, 2017 Ohio 8769 (Ohio Ct. App. 2017).
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