Although each statute addresses specific conduct and circumstances, the common element is that the offender trespasses "by force, stealth, or deception" onto another's property. (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. (E)(1) No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge. PDF. (K) "Child day-care center," "type A family day-care home" and "type B family day-care home" have the same meanings as in section 5104.01 of the Revised Code. (B) No organization shall knowingly direct, authorize, facilitate, or encourage a person to commit any of the following offenses or provide compensation to a person for committing any of the following offenses: (1) Criminal mischief in violation of division (A)(7) of section 2909.07 of the Revised Code; (2) Criminal trespass in violation of division (A)(5) of section 2911.21 of the Revised Code; (3) Aggravated trespass in violation of division (A)(2) of section 2911.211 of the Revised Code; (4) Telecommunications harassment in violation of division (A)(4) of section 2917.21 of the Revised Code that involves a threat of damage to or destruction of a critical infrastructure facility; (5) Making false alarms in violation of division (A)(4) of section 2917.32 of the Revised Code. Code 2305.09(A) (2022) Wrongful death: 2 years. The law states that a person is prohibited from recklessly damaging a tree on another's property without permission to do so. (B) Division (A) of this section does not apply with respect to a law enforcement officer's or investigator's carrying of a weapon on the premises of an establishment serving the public if the officer or investigator is not acting within the scope of the officer's or investigator's duties, the weapon is a firearm issued or approved by the law enforcement agency served by the officer or by the bureau of criminal identification and investigation with respect to an investigator, and the agency or bureau has a restrictive firearms carrying policy. (A) No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally. If a law enforcement officer stops a person for any law enforcement purpose and the person voluntarily or pursuant to a request or demand of the officer surrenders a firearm to the officer, if a law enforcement officer stops a motor vehicle for any purpose and a person in the motor vehicle voluntarily or pursuant to a request or demand of the officer surrenders a firearm to the officer, or if a law enforcement officer otherwise seizes a firearm from a person, all of the following apply: (A) If the law enforcement officer does not return the firearm to the person at the termination of the stop or otherwise promptly return the firearm to the person after the seizure of the firearm, the officer or other personnel at the officer's law enforcement agency shall maintain the integrity and identity of the firearm in such a manner so that if the firearm subsequently is to be returned to the person it can be identified and returned to the person in the same condition it was in when it was seized. It's a second degree felony to trespass with the intent to commit a criminal offense in either (1) an occupied structure when another person is present, or (2) an occupied habitation of any person when any person is present or likely to be present. (2) If the offender, at the time of the commission of the offense, was under detention in any other manner, possession of a deadly weapon while under detention is one of the following: (a) A felony of the first degree, when the most serious offense for which the person was under detention is aggravated murder or murder and regardless of when the aggravated murder or murder occurred or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be aggravated murder or murder if committed by an adult and regardless of when that act occurred; (b) A felony of the second degree if any of the following applies: (i) The most serious offense for which the person was under detention is a felony of the first degree committed on or after July 1, 1996, or an aggravated felony of the first degree committed prior to July 1, 1996. (B) A business entity, property owner, or public or private employer that violates division (A) of this section may be found liable in a civil action for injunctive relief brought by any individual injured by the violation. Although each statute addresses specific conduct and circumstances, the common element is that the offender trespasses "by force, stealth, or deception" onto another's property. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode. (D) As used in this section, "motor carrier enforcement unit" has the same meaning as in section 2923.16 of the Revised Code. Unless any incident was an aggravated murder or murder, the last of the incidents forming the pattern shall occur within six years after the commission of any prior incident forming the pattern, excluding any period of imprisonment served by any person engaging in the corrupt activity. The attorney general shall design the form to enable applicants to provide the information that is required by law to be collected, and shall update the form as necessary. The policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation. BILL OF INFORMATION FOR DOMESTIC VIOLENCE (knowingly) (1 prior), ASSAULT (knowingly-Misd), AND ATTEMPT TO COMMIT TRESPASS IN A HABITATION Receipt: 321471 Date: 04/11/2016 September 15, 2015. (D) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Revised Code. (D) No person who is charged with a violation of this section shall be required to obtain a concealed handgun license as a condition for the dismissal of the charge. (C) No business entity, property owner, or public or private employer shall be held liable in any civil action for damages, injuries, or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to division (A) of this section including the theft of a firearm from an employee's or invitee's automobile, unless the business entity, property owner, or public or private employer intentionally solicited or procured the other person's injurious actions. (B) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass under section 2911.21 of the Revised Code or under any other criminal law of this state or criminal law, ordinance, or resolution of a political subdivision of this state, and instead is subject only to a civil cause of action for trespass based on the violation. The attorney general may provide the advisory in a tangible form, an electronic form, or in both tangible and electronic forms. Not later than the fifteenth day of April in the calendar year in which the reports are received, the attorney general shall send the president of the senate and the speaker of the house of representatives a written notice that does all of the following: (i) Indicates that the attorney general has received from law enforcement agencies reports of the type described in division (C)(2)(b) of this section that cover the previous calendar year and indicates that the reports were received under division (C)(2)(b) of this section; (ii) Indicates that the reports are open for inspection under section 149.43 of the Revised Code; (iii) Indicates that the attorney general will provide a copy of any or all reports to the president of the senate or the speaker of the house upon request. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code. (B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree. (2) "Motor vehicle" has the same meaning as in section 4501.01 of the Revised Code. For an offense committed on or after the effective date of this amendment, notwithstanding the range of minimum prison terms set forth in division (A)(1)(a) of section 2929.14 of the Revised Code, the court shall impose upon the offender an indefinite prison term pursuant to that division, with a minimum term under that sentence that is a mandatory prison term of two, three, four, five, six, seven, eight, nine, ten, or eleven years. (1) "Establishment serving the public" means a hotel, a restaurant or other place where food is regularly offered for sale, a retail business or other commercial establishment or office building that is open to the public, a sports venue, or any other place of public accommodation, amusement, or resort that is open to the public. (D) It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies: (1) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed. However, the clerk shall not pay a fine so imposed to a law enforcement agency unless the agency has adopted a written internal control policy under division (C)(2) of this section that addresses the use of the fine moneys that it receives. (2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (2) No person, through a pattern of corrupt activity or the collection of an unlawful debt, shall acquire or maintain, directly or indirectly, any interest in, or control of, any enterprise or real property. . December 01, 2020. Conviction of any of Ohio's burglary laws can result in imprisonment and fines: *For a felony of the third degree that is a violation of 2911.12 if the offender previously has been convicted of or pleaded guilty in two or more separate proceedings to two or more violations of 2911.01, 2911.02, 2911.11, or 2911.12, the prison term shall be 12, 18, 24, 30, 36, 42, 48, 54, or 60 months. Name (1) (a) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to that person. (E) Whoever violates division (B) of this section is guilty of illegal release of confidential concealed handgun license records, a felony of the fifth degree. (2)(a) Prior to receiving any fine moneys under division (C)(1) of this section or division (B) of section 2923.44 of the Revised Code, a law enforcement agency shall adopt a written internal control policy that addresses the agency's use and disposition of all fine moneys so received and that provides for the keeping of detailed financial records of the receipts of those fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure. (G)(1) Each course, class, or program described in division (B)(3)(a), (b), (c), or (e) of this section shall provide to each person who takes the course, class, or program the web site address at which the pamphlet prepared by the Ohio peace officer training commission pursuant to section 109.731 of the Revised Code that reviews firearms, dispute resolution, and use of deadly force matters may be found. 921(a)(3), but that is found by the bureau not to be regulated under the "National Firearms Act," 68A Stat. (c) Any room used for the accommodation of guests of a hotel, as defined in section 4301.01 of the Revised Code; (d) The principal holder of a D permit issued for a premises or an open air arena under Chapter 4303. of the Revised Code while in the premises or open air arena for which the permit was issued if the principal holder of the D permit also has been issued a concealed handgun license that is valid at the time in question and as long as the principal holder is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse, or any agent or employee of that holder who also is a peace officer, as defined in section 2151.3515 of the Revised Code, who is off duty, and who otherwise is authorized to carry firearms while in the course of the officer's official duties and while in the premises or open air arena for which the permit was issued and as long as the agent or employee of that holder is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse. (B) "Costs of investigation and prosecution" and "costs of investigation and litigation" mean all of the costs incurred by the state or a county or municipal corporation under sections 2923.31 to 2923.36 of the Revised Code in the prosecution and investigation of any criminal action or in the litigation and investigation of any civil action, and includes, but is not limited to, the costs of resources and personnel. No fee shall be required for filing the notice. (b) The person leaves the handgun in a motor vehicle. (4) "Law enforcement officer" has the same meaning as in section 9.69 of the Revised Code. (C) A corrupt activity lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partnerships, or other entities, to the extent permitted in this section. (E) Whoever violates division (B) of this section is guilty of illegally manufacturing or processing explosives, a felony of the second degree. (D) "Juvenile" means a person who is under eighteen years of age. Except as otherwise provided in this division, designing a vehicle with a hidden compartment used to transport a controlled substance is a felony of the fourth degree. A retired peace officer who attends a firearms requalification program that is approved for purposes of firearms requalification required under section 109.801 of the Revised Code may be required to pay the cost of the program. These offenses are found in two different sections of the Ohio Revised Code. (F) The dangerous ordnance specified in a license or temporary permit may be obtained by the holder anywhere in the state. (b) A retired peace officer identification card issued to a person under division (F)(2)(a) of this section shall identify the person by name, contain a photograph of the person, identify the public agency of this state or of the political subdivision of this state from which the person retired as a peace officer and that is issuing the identification card, and specify that the person retired in good standing from service as a peace officer with the issuing public agency and satisfies the criteria set forth in divisions (F)(2)(a)(i) to (iv) of this section. Real property and any beneficial interest in it is deemed to be located where the real property is located. (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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (A) If a person is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code, or a juvenile is found by a juvenile court to be a delinquent child for an act that is a violation of section 2923.42 of the Revised Code, and derives profits or other proceeds from the offense or act, the court that imposes sentence or an order of disposition upon the offender or delinquent child, in lieu of any fine that the court is otherwise authorized or required to impose, may impose upon the offender or delinquent child a fine of not more than twice the gross profits or other proceeds so derived. Senate Bill 43, House Bill 234 - 130th General Assembly, House Bill 199, House Bill 405 - 132nd General Assembly, The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. Statutes, codes, and regulations Ohio Revised Code Title 29 - CRIMES-PROCEDURE Title 29 - CRIMES-PROCEDURE Browse as List Search Within Chapter 2901 - GENERAL PROVISIONS ( 2901.01 2901.44) Chapter 2903 - HOMICIDE AND ASSAULT ( 2903.01 2903.44) Chapter 2905 - KIDNAPPING AND EXTORTION ( 2905.01 2905.42) (1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. Except as otherwise provided in this division, the offender is guilty of a misdemeanor of the first degree. (D) Law enforcement agencies may use the information a sheriff makes available through the use of the law enforcement automated data system pursuant to division (H) of section 2923.125 or division (B)(2) or (D) of section 2923.1213 of the Revised Code for law enforcement purposes only. (C) Upon receipt of the completed application form, supporting documentation, and, if not waived, license fee of an applicant under this section, a sheriff, in the manner specified in section 311.41 of the Revised Code, shall conduct or cause to be conducted the criminal records check and the incompetency records check described in section 311.41 of the Revised Code. (1) "Felony drug trafficking, manufacturing, processing, or possession offense" means any of the following that is a felony: (a) A violation of section 2925.03, 2925.04, 2925.05, or 2925.06 of the Revised Code; (b) A violation of section 2925.11 of the Revised Code that is not a minor drug possession offense. (C) (1) Subject to division (C) (2) of this section, the owner of an establishment serving the public, the operator of an establishment serving the public, and the employer of persons employed at an establishment serving the public shall be immune from liability in a civil action for injury, death, or loss to person or property that allegedly was caused by or related to a law enforcement officer or investigator bringing a weapon into the establishment or onto the premises of the establishment. (L) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted in violation of any federal or state law relating to the business of gambling activity or relating to the business of lending money at an usurious rate unless the creditor proves, by a preponderance of the evidence, that the usurious rate was not intentionally set and that it resulted from a good faith error by the creditor, notwithstanding the maintenance of procedures that were adopted by the creditor to avoid an error of that nature. If a person is a qualifying adult and the person thereafter comes within any category of persons specified in 18 U.S.C. However, the proceeds of the sale shall be deposited with the clerk of the court, subject to the further order of the court. In such a case, any person acquiring an interest in the subject property or beneficial interest in the property, if the property interest is acquired subsequent to the filing of the lis pendens, shall take the property or interest subject to the civil proceeding and any subsequent judgment. (2) "Hotel" has the same meaning as in section 3731.01 of the Revised Code. 1213, 18 U.S.C. (1) "Drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code. Ohio law also allows that, in addition to this penalty, anyone who violates the law can be subject . (P) "Misdemeanor punishable by imprisonment for a term exceeding one year" does not include any of the following: (1) Any federal or state offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) Any misdemeanor offense punishable by a term of imprisonment of two years or less. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. (d) The applicant is not under indictment for or otherwise charged with a felony; an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code. (A) No person shall knowingly convey or attempt to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located. (A)(1) Except as otherwise provided in division (A)(2) of this section, any person who is prohibited from acquiring, having, carrying, or using firearms may apply to the court of common pleas in the county in which the person resides for relief from such prohibition. (3) If a person seeking a concealed handgun license on a temporary emergency basis has been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of section 2923.125 of the Revised Code or has been adjudicated a delinquent child for committing an act or violation identified in any of those divisions, and if a court has ordered the sealing or expungement of the records of that conviction, guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to 2953.36 of the Revised Code or the applicant has been relieved under operation of law or legal process from the disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the conviction, guilty plea, or adjudication shall not be relevant for purposes of the sworn affidavit described in division (B)(1)(b) of this section, and the person may complete, and swear to the truth of, the affidavit as if the conviction, guilty plea, or adjudication never had occurred. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Ohio has three separate statutes addressing conduct that constitutes burglary. (E) No person who has been issued a concealed handgun license or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following: (1) Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop; (2) Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop; (3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer; (4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer; (5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight. 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