Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense, depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.
A defendant generally commits the offense of burglary of a building or habitation (1) by entering a private habitation or any part of a building that was not open to the public, (2) without the consent of the owner, and (3) with the intent to commit a felony, theft, or assault.
A defendant may also commit the offense of burglary of a building or habitation by entering with consent, but remaining hidden with the intent to commit a felony, theft, or assault—or entering with consent and attempting to commit a felony, theft, or assault, or actually committing a felony, theft, or assault.
Some states make a distinction between burglary of a habitation (a place used for overnight accommodations) and burglary of a building that is not a habitation (home). Burglary of a habitation is usually treated as a more serious offense with greater penalties.
In Ohio, burglary is defined under Ohio Revised Code Section 2911.12. The statute distinguishes between different degrees of burglary based on the circumstances of the offense. A person is guilty of burglary if, by force, stealth, or deception, they trespass in an occupied structure or separately secured or separately occupied portion of an occupied structure, with the intent to commit any criminal offense within. The structure does not need to be a habitation for burglary to apply. However, if the structure is a habitation, and if the offense is likely to result in physical harm to any person, the crime is treated more seriously and classified as a felony of the second degree. If the structure is not a habitation, or if there is no likelihood of harm, the offense may be classified as a felony of the third or fourth degree, depending on specific factors. Additionally, Ohio law recognizes a separate offense of 'aggravated burglary,' which occurs when the perpetrator trespasses in an occupied structure with the intent to commit a criminal offense and inflicts, attempts, or threatens to inflict physical harm on another, or has a deadly weapon or dangerous ordnance on or about the offender's person or under the offender's control. Aggravated burglary is a felony of the first degree, reflecting its severity.
