The primary theme of HB 252 is to modify and reclassify certain elements of existing trespass and burglary laws, particularly focusing on situations where a person is present or likely to be present in a structure. The bill introduces new subdivisions within existing sections and appears to be aimed at creating a more granular distinction between different types of unauthorized entry and trespass based on the location and presence of individuals.
Most Important Ideas/Facts:
- Modification of Aggravated Burglary (2911.11): The existing definition of aggravated burglary is retained in substance under division (A). This offense still applies to trespass in an occupied structure where another person is present, with the purpose to commit a criminal offense, and is elevated to aggravated burglary if the offender inflicts or threatens physical harm or possesses a deadly weapon or dangerous ordnance.
- Quote: “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.” (Section 2911.11(A))
- Fact: Aggravated burglary remains a felony of the first degree.
- Modification and Expansion of Burglary (2911.12): This section sees the most significant restructuring.
- Existing Burglary Definition (A)(1): The first subdivision retains the core concept of trespassing in an occupied structure with a person present, with intent to commit a criminal offense.
- New Definition for Habitations (A)(2): A key addition is the specific inclusion of trespassing in a “permanent or temporary habitation” when any person is present or likely to be present, with purpose to commit a criminal offense. This introduces the concept of “likely to be present” as a factor in elevating the offense within the burglary statute.
- Quote: “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;” (Section 2911.12(A)(2))
- General Occupied Structure Trespass (A)(3): This subdivision covers trespass in an occupied structure with intent to commit an offense, but without the specific requirement of a person being present (as per the language). This appears to be a broader category.
- New Offense: Trespass in a Habitation When a Person is Present or Likely to Be Present (B): This introduces a new and distinct offense. It focuses specifically on trespassing in a “permanent or temporary habitation” when a person is present or likely to be present, without the requirement of an accompanying purpose to commit a criminal offense.
- Quote: “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.” (Section 2911.12(B))
- Fact: The degrees of felony for burglary are differentiated based on the specific subdivision violated:
- Violations of (A)(1) or (A)(2) are felonies of the second degree.
- Violations of (A)(3) are felonies of the third degree.
- Fact: The new offense of trespass in a habitation when a person is present or likely to be present (B) is a felony of the fourth degree.
- Retention of Breaking and Entering (2911.13): The definition of breaking and entering appears to remain largely unchanged. It applies to trespass in an unoccupied structure with intent to commit theft or a felony, or trespass on land/premises with intent to commit a felony.
- Quote: “No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.” (Section 2911.13(A))
- Fact: Breaking and entering remains a felony of the fifth degree.
- Repeal of Existing Sections: Section 2 explicitly repeals the current versions of sections 2911.11, 2911.12, and 2911.13 of the Revised Code. This confirms that the bill’s provisions will replace the existing statutes.
In Summary:
HB 252 seeks to refine Ohio’s trespass and burglary laws by creating clearer distinctions based on the location of the trespass (occupied structure vs. habitation) and, most importantly, the presence or likelihood of presence of a person other than the offender. This results in the creation of a new felony offense specifically for trespass in a habitation where someone is or is likely to be present, and also elevates trespass with criminal intent in a habitation where someone is or is likely to be present to a second-degree felony within the burglary statute. The bill maintains aggravated burglary and breaking and entering offenses with their current felony classifications, while modifying the elements of the burglary offense to create more specific categories and associated penalties.