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.
In Ohio, burglary is defined under Ohio Revised Code Section 2911.12. The law considers it a burglary when a person, by force, stealth, or deception, trespasses in an occupied structure with the intent to commit a criminal offense within the structure. The severity of the charge can range from a fifth-degree felony to a second-degree felony, depending on factors such as whether the structure was occupied at the time of the offense, if the offender had a weapon, or if the offender inflicted physical harm on any person during the commission of the crime. Ohio law also recognizes 'aggravated burglary,' which is a more serious form of burglary that occurs when a person trespasses in an occupied structure with the intent to commit a criminal offense and either inflicts, attempts to inflict, 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 first-degree felony in Ohio. The state does not categorize the unlawful entry into an automobile or similar property as burglary, but rather as separate offenses such as 'breaking and entering' or 'vehicle trespass,' which are addressed under different statutes.
