Most people think breaking and entering is exactly what they see in the movies. A masked figure smashes a window, crawls through the glass, and grabs a bag of jewelry. It's dramatic. It’s loud.
But in Ohio, the law is way more subtle—and sometimes, way more confusing. You don't actually have to "break" anything to be charged under the ohio revised code breaking and entering statutes. In fact, you could walk through an unlocked door, and if the circumstances are right, you're facing a felony.
The reality of ORC 2911.13 is often far removed from the "smash and grab" stereotype.
The "Unoccupied" Distinction
The biggest thing to understand about the ohio revised code breaking and entering is that it specifically targets unoccupied structures. This is the line in the sand between "Breaking and Entering" and "Burglary."
If you go into someone’s house while they are sleeping, that’s Burglary (ORC 2911.12). If you go into a business after hours or a storage shed in the middle of a field where no one is living, that’s Breaking and Entering.
Why does this matter?
Honestly, it’s about the risk of violence. The law assumes that if a building is unoccupied, there’s less chance of a face-to-face confrontation that turns deadly. Because of that, Breaking and Entering is typically a fifth-degree felony.
What counts as a structure?
You might be surprised. It isn't just brick-and-mortar buildings. Ohio courts have looked at all sorts of things.
- Storage sheds.
- Detached garages.
- Empty warehouses.
- Even certain types of large shipping containers or tents if they are used for storage.
Basically, if it’s a structure designed to keep people out or keep stuff in, and nobody is currently inside, it's fair game for this charge.
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Stealth and Deception: The Invisible "Break"
The law says you must enter by "force, stealth, or deception."
Force is obvious. Prying a lock or kicking a door.
But "stealth" is where things get tricky. In a recent and fairly famous Ohio case, State v. Bertram (2023), a man walked into an open garage and took a leaf blower. He didn't run. He didn't hide. He just walked in, grabbed it, and left.
Initially, he was hit with a heavy charge. But the Ohio Supreme Court eventually stepped in. They ruled that because he didn't use "force, stealth, or deception"—he was just walking in broad daylight without trying to hide—it didn't fit the felony definition of the ohio revised code breaking and entering. He ended up with a misdemeanor trespass charge instead.
That distinction saved him years in prison.
"Stealth" requires some kind of secret or sly conduct. If you're hiding in the shadows or waiting for a guard to turn their back, that's stealth. If you're just walking in like you own the place, a smart lawyer might argue the charge down.
The Part B Trap: Trespassing on Land
Most people only read the first paragraph of ORC 2911.13. They miss Division (B).
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This part of the code says you can be guilty of breaking and entering without ever entering a building. If you trespass on someone’s land with the intent to commit a felony, you've broken the law.
Imagine someone hopping a fence into a restricted scrap yard to steal copper piping. Even if they never get inside the warehouse, just being on that land with the intent to commit a felony theft is enough to trigger the statute.
It’s a catch-all that prosecutors love.
Penalties: More Than a Slap on the Wrist
Don't let the "fifth-degree" label fool you. It's still a felony.
If you're convicted of violating the ohio revised code breaking and entering, here is what you're looking at:
- Prison Time: Between 6 to 12 months in a state facility.
- Fines: Up to $2,500.
- Permanent Record: This is the big one. A felony record means you can’t own a firearm, you’ll struggle to get a professional license (like nursing or real estate), and many landlords will toss your rental application in the trash.
It's a life-altering conviction for what some might consider "low-level" crime.
Common Defenses That Actually Work
Lawyers don't just walk into court and say "he didn't do it." They look for technical failures in how the law is applied.
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The "No Intent" Defense
To be guilty, you must have the purpose to commit a theft or a felony. If you wandered into an abandoned building because you're an "urban explorer" or you were looking for a place to get out of the rain, you aren't guilty of breaking and entering. You're guilty of criminal trespass, which is a misdemeanor. Proving what was inside someone’s head is hard for a prosecutor.
The Privilege Defense
Did you have a "privilege" to be there? Maybe you used to work there and your key still worked. Maybe the owner gave you a vague "stop by whenever" permission. If there's a reasonable belief that you were allowed on the premises, the "trespass" element of the crime disappears.
Constitutional Violations
Ohio police are human. They make mistakes. If they searched your car or your home without a warrant to find the tools or the "stolen" goods, that evidence might be suppressed. Without the evidence, the case usually falls apart.
What to Do if You're Involved
If you or someone you know is caught up in a situation involving the ohio revised code breaking and entering, the clock is ticking.
First, stop talking. Seriously. Most people try to "explain" their way out of a trespass, but they end up admitting to the "intent" part of the crime. "I was just looking for something to sell" is a confession, not an excuse.
Second, get a copy of the police report. Look for those keywords: force, stealth, or deception. If the police can't prove how you got in, the felony charge is on shaky ground.
Actionable Steps
- Audit your property: If you're a business owner, ensure "No Trespassing" signs are visible. This makes it much easier for prosecutors to prove the "trespass" element if someone enters.
- Check the occupancy: If you are facing charges, determine if the building was legally "occupied." If a person was present, the charge should be Burglary; if it was empty, it's Breaking and Entering. This matters for sentencing.
- Review surveillance: In many Ohio cases, video footage actually helps the defendant by showing a lack of "stealth" or "force," potentially dropping the charge to a misdemeanor.
The law in Ohio isn't just about what you did; it's about how you did it and where you were. Understanding those nuances is the only way to navigate the system.