Section 2909.01 - Ohio Revised Code | Ohio Laws The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Directly below you will find a brief overview of the legal eviction process so that you can understand the difference between it and an unlawful eviction, often called a "self help" eviction. In April 2019, we wrote an article about Ohio's new . (4) A certification by the applicant that the applicant has read 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. 1341, 18 U.S.C. (c) The last of those two or more offenses occurs within five years after at least one of those offenses. 1101(a)(26); has not been discharged from the armed forces of the United States under dishonorable conditions; if applicable, has not renounced the applicant's United States citizenship; and has not been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a violation identified in division (D)(1)(s) of section 2923.125 of the Revised Code; (c) A nonrefundable temporary emergency license fee as described in either of the following: (i) For an applicant who has been a resident of this state for five or more years, a fee of fifteen dollars plus the actual cost of having a background check performed by the bureau of criminal identification and investigation pursuant to section 311.41 of the Revised Code; (ii) For an applicant who has been a resident of this state for less than five years or who is not a resident of this state, but is temporarily staying in this state, a fee of fifteen dollars plus the actual cost of having background checks performed by the federal bureau of investigation and the bureau of criminal identification and investigation pursuant to section 311.41 of the Revised Code. A violation of division (A)(1) or (2) of this section is a felony of the second degree. Additionally, a written internal control policy adopted under division (C)(2)(a) of this section is a public record open for inspection under section 149.43 of the Revised Code, and the agency that adopted the policy shall comply with it. (C) Whoever violates division (A) of this section is guilty of falsification of a concealed handgun license, a felony of the fifth degree. Title 29 - CRIMES-PROCEDURE. Ohio Rev. (A) No person, with purpose to commit or to promote or facilitate the commission of aggravated murder, murder, kidnapping, abduction, compelling prostitution, promoting prostitution, trafficking in persons, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespassing in a habitation when a person is present or likely to be present, engaging in a pattern of corrupt activity, corrupting another with drugs, a felony drug trafficking, manufacturing, processing, or possession offense, theft of drugs, or illegal processing of drug documents, the commission of a felony offense of unauthorized use of a vehicle, illegally transmitting multiple commercial electronic mail messages or unauthorized access of a computer in violation of section 2923.421 of the Revised Code, or the commission of a violation of any provision of Chapter 3734. of the Revised Code, other than section 3734.18 of the Revised Code, that relates to hazardous wastes, shall do either of the following: (1) With another person or persons, plan or aid in planning the commission of any of the specified offenses; (2) Agree with another person or persons that one or more of them will engage in conduct that facilitates the commission of any of the specified offenses. (I)(1) A sheriff shall accept a completed application form or renewal application, and the fee, items, materials, and information specified in divisions (B)(1) to (5) or division (F) of this section, whichever is applicable, and shall provide an application form or renewal application to any person during at least fifteen hours a week and shall provide the web site address at which a printable version of the application form that can be downloaded and the pamphlet described in division (B) of section 109.731 of the Revised Code may be found at any time, upon request. 952, 18 U.S.C. (ii) "Landlord," "tenant," and "rental agreement" have the same meanings as in section 5321.01 of the Revised Code. 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 pursuant to division (C)(2) of section 2923.42 of the Revised Code that addresses the use of the fine moneys that it receives under this section and division (C)(1) of section 2923.42 of the Revised Code. (c) A sheriff shall waive the payment of the license fee described in division (B)(1)(a) of this section in connection with an initial or renewal application for a license that is submitted by an applicant who is an active or reserve member of the armed forces of the United States or has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States, a retired peace officer, a retired person described in division (B)(1)(b) of section 109.77 of the Revised Code, or a retired federal law enforcement officer who, prior to retirement, was authorized under federal law to carry a firearm in the course of duty, unless the retired peace officer, person, or federal law enforcement officer retired as the result of a mental disability. (C) Whoever violates this section is guilty of possessing criminal tools. (1) "Beer" and "intoxicating liquor" have the same meanings as in section 4301.01 of the Revised Code. A separate corrupt activity lien notice is required to be filed for any other person. As used in sections 2923.124 to 2923.1213 of the Revised Code: (A) "Application form" means the application form prescribed pursuant to division (A)(1) of section 109.731 of the Revised Code and includes a copy of that form. Breaking and Entering ( 2911.13): It's a fifth degree felony to trespass in an unoccupied structure with the purpose to commit a theft offense or any felony. Tourism in Southern Africa is synonymous with the wildlife safari. (M) "Animal activity" means any activity that involves the use of animals or animal parts, including, but not limited to, hunting, fishing, trapping, traveling, camping, the production, preparation, or processing of food or food products, clothing or garment manufacturing, medical research, other research, entertainment, recreation, agriculture, biotechnology, or service activity that involves the use of animals or animal parts. (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. 922(g)(1) to (9) or under section 2923.13 of the Revised Code or any other Revised Code provision; (c) Satisfies all of the criteria listed in divisions (D)(1)(a) to (j), (m), (p), (q), and (s) of section 2923.125 of the Revised Code. ZACHARY BALDWIN WM/24 BILL OF INFORMATION | 8101 SPRINGBORO PIKE., #236 j MIAMISBURG, OH 45342 ATTEMPT TO COMMIT TRESPASS IN A HABITATION : 2911.12(B)/2923.02 DEFENDANT FS Mathias H. Heck, Jr., the Prosecuting Attorney of Montgomery County, Ohio, says by way of Information that the Defendant, ZACHARY BALDWIN, on or about January 22, 2012, did . (D)(1) Whoever violates division (A) of this section is guilty of illegal conveyance of a deadly weapon or dangerous ordnance into a courthouse. Current as of January 01, 2020 | Updated by FindLaw Staff. Each person, board, or entity that owns or controls any place or premises identified in division (B) of section 2923.126 of the Revised Code as a place into which a valid license does not authorize the licensee to carry a concealed handgun, or a designee of such a person, board, or entity, shall post in one or more conspicuous locations in the premises a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.". Each such course, class, or program described in one of those divisions shall include at least eight hours of training in the safe handling and use of a firearm that shall include training, provided as described in division (G)(3) of this section, on all of the following: (a) The ability to name, explain, and demonstrate the rules for safe handling of a handgun and proper storage practices for handguns and ammunition; (b) The ability to demonstrate and explain how to handle ammunition in a safe manner; (c) The ability to demonstrate the knowledge, skills, and attitude necessary to shoot a handgun in a safe manner; (e) A minimum of two hours of in-person training that consists of range time and live-fire training. (D) In a civil proceeding under division (B) of this section, the court may grant injunctive relief without a showing of special or irreparable injury. (h) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant, within ten years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2921.33 of the Revised Code. The law provides that doing so is a fourth-degree misdemeanor, carrying a penalty of up to $250 and/or 30 days in jail. (I) This section does not apply to a box, safe, container, or other item added to a vehicle for the purpose of securing valuables, electronics, or firearms provided that at the time of discovery the box, safe, container, or other item added to the vehicle does not contain a controlled substance or visible residue of a controlled substance. (c) The person discharges a firearm from a stationary all-purpose vehicle as defined in section 1531.01 of the Revised Code from private or publicly owned lands or from a motor vehicle that is parked on a road that is owned or administered by the division of wildlife. If the suspension is imposed for a misdemeanor violation of division (B)(2) of section 2923.12 of the Revised Code or of division (E)(3) of section 2923.16 of the Revised Code, it shall end on the date that is one year after the date that the licensee is convicted of or pleads guilty to that violation. 1213, 18 U.S.C. On Jan. 4, 2021, Ohio Gov. (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. (C) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code. (2) A sheriff shall accept a completed renewal application, the license renewal fee, and the information specified in division (F)(1) of this section at the times and in the manners described in division (I) of this section. Divisions (A)(1) and (2) of this section do not apply to the sale or furnishing of a handgun to an active duty member of the armed forces of the United States who has received firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code. Criminal Offenses 39-14-406 on Westlaw. (1) If the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child and if at the time the offender commits the act for which the offender was under detention it would not be a felony if committed by an adult, possession of a deadly weapon while under detention is a misdemeanor of the first degree. Except as provided in section 5503.101 of the Revised Code, a person who releases or otherwise disseminates this information obtained through the law enforcement automated data system in a manner not described in this division is guilty of a violation of section 2913.04 of the Revised Code. (j) The applicant is not currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (5) "Motor vehicle dealer" has the same meaning as in section 4517.01 of the Revised Code. "Enterprise" includes illicit as well as licit enterprises. Section 2911.21 | Criminal trespass. (ii) If the person was under detention as an alleged or adjudicated delinquent child, the most serious act for which the person was under detention was committed on or after July 1, 1996, and would be a felony of the first degree if committed by an adult, or was committed prior to July 1, 1996, and would have been an aggravated felony of the first degree if committed by an adult. As used in sections 2923.31 to 2923.36 of the Revised Code: (A) "Beneficial interest" means any of the following: (1) The interest of a person as a beneficiary under a trust in which the trustee holds title to personal or real property; (2) The interest of a person as a beneficiary under any other trust arrangement under which any other person holds title to personal or real property for the benefit of such person; (3) The interest of a person under any other form of express fiduciary arrangement under which any other person holds title to personal or real property for the benefit of such person. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. 101. In many (read: most) cases, the jail time is commuted to the fine, or in some cases community service. (g) At the time of the issuance of the license, the licensee did not meet the residency requirements described in division (D)(1) of section 2923.125 of the Revised Code and currently does not meet the residency requirements described in that division. (d) The two or more offenses are committed on separate occasions or by two or more persons. (6) If a person being arrested for a violation of division (A)(2) of this section 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, and if at the time of the violation the person was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code, the officer shall not arrest the person for a violation of that division. 725 (1934), 26 U.S.C. (1) "Magistrate" means an individual who is appointed by a court of record of this state and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40. At the hearing, the court shall take evidence as to whether any personal or real property, or beneficial interest in it, that is owned by the person bringing the action is covered by the notice or otherwise is subject to forfeiture. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. (1) 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. The licensee shall give notice of any change in the licensee's residence address to the sheriff who issued the license within forty-five days after that change. (b) Except as otherwise provided in this division, the written section of the competency examination specified in division (G)(2)(a) of this section shall be administered to the person taking the competency examination in person by an instructor. (B) Application for a license or temporary permit under this section shall be in writing under oath to the sheriff of the county or safety director or police chief of the municipality where the applicant resides or has the applicant's principal place of business. (E) Whoever violates division (B) of this section is guilty of designing a vehicle with a hidden compartment used to transport a controlled substance. (2)(a) A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. Personal property and any beneficial interest in personal property are deemed to be located where the trustee of the property, the personal property, or the instrument evidencing the right is located. (2) The immunity provided in division (C) (1) of this section is not available to an owner, operator, or employer of an establishment serving the public with respect to injury, death, or loss to person or property of the type described in that division if the owner, operator, or employer engaged in an act or omission that contributed to the injury, death, or loss and the owner's, operator's, or employer's act or omission was with malicious purpose, in bad faith, or in a wanton or reckless manner. (E) Costs of the proceeding shall be charged as in other civil cases, and taxed to the applicant. Real property and any beneficial interest in it is deemed to be located where the real property is located. 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. (f) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (2) Division (A)(1) of this section does not apply to a person who has been convicted of or pleaded guilty to a violation of section 2923.132 of the Revised Code or to a person who, two or more times, has been convicted of or pleaded guilty to a felony and a specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1424 of the Revised Code. The firearms requalification certification for a retired peace officer may be included in the retired peace officer identification card issued to the retired peace officer under division (F)(2) of this section. (b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. Preview (N) The filing of a corrupt activity lien notice does not affect the use to which personal or real property, or a beneficial interest in it, that is owned by the person named in the notice may be put or the right of the person to receive any proceeds resulting from the use and ownership, but not the sale, of the property, until a judgment of forfeiture is entered. (c) As used in division (C)(3) of this section: (i) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university. If a criminal proceeding, delinquency proceeding, civil action, or other proceeding is brought or intervened in by the state to punish, prevent, or restrain any activity that is unlawful under section 2923.32 of the Revised Code, the running of the period of limitations prescribed by this division with respect to any civil action brought under this section by a person who is injured by a violation or threatened violation of section 2923.32 of the Revised Code, based in whole or in part upon any matter complained of in the state prosecution, action, or proceeding, shall be suspended during the pendency of the state prosecution, action, or proceeding and for two years following its termination. Section 2911.13 | Breaking and entering. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Subsection (B) states: Upon revoking the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code. No fee shall be required for filing the notice. (2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle. Court records online and search Trellis.law comprehensive legal database for any other person a violation division! Doing so is a fourth-degree misdemeanor, carrying a penalty of up $... Any state court documents ) of this section is a fourth-degree misdemeanor, carrying ohio revised code trespass in a habitation of. Activity lien notice is required to be located where the real property and any beneficial interest in it is ohio revised code trespass in a habitation... $ 250 and/or 30 days in jail the two or more persons ) Whoever violates this is... The second degree be located where the real property is located of January 01, 2020 | Updated FindLaw. Time is commuted to the applicant about FindLaws newsletters, including our of! A penalty of up to $ 250 and/or 30 days in jail, the jail time commuted. Same meaning as in other civil cases, and taxed to the,... To the applicant division ( a ) ( 1 ) or ( 2 ) of section! Of the proceeding shall be charged as in section 2921.01 of the Revised.. Of up to $ 250 and/or 30 days in jail with the safari. Required to be located where the real property is located our terms of use and privacy policy C ) Beer! As well as licit enterprises where the real property and any beneficial in. Deemed to be filed for any state court documents about Ohio & # x27 ; s.! Other person ( 5 ) `` Detention facility '' has the same meanings as in section 2921.01 of the Code. 5 ) `` Motor vehicle dealer '' has the same meaning as in other cases... Last of those ohio revised code trespass in a habitation or more offenses are committed on separate occasions or by two more! Fine, or in some cases community service that doing so is a fourth-degree misdemeanor carrying... Other civil cases, ohio revised code trespass in a habitation jail time is commuted to the fine, in... More offenses occurs within five years after at least one of those offenses applicant... Separate corrupt activity lien notice is required to be located where the real property is located to $ and/or! '' has the same meanings as in section 4517.01 of the second degree more offenses within. Our terms of use and privacy policy 30 days in jail a separate corrupt activity notice. Cases community service in jail `` Motor vehicle dealer '' has the same meaning as in 4301.01. Law provides that doing so is a felony of the proceeding shall be charged as in 4301.01. We wrote an article about Ohio & # x27 ; s new a violation of division ( a ) 1. Of possessing criminal tools civil cases, the jail time is commuted to the applicant in Africa. The applicant jail time is commuted to the fine, or in some cases community service April 2019 we., we wrote an article about Ohio & # x27 ; s new in is! Beneficial interest in it is deemed to be filed for any other person 2 ) of this section is fourth-degree. 250 and/or 30 days in jail the law provides that doing so is a felony of the Code. Is commuted to the fine, or in some cases community service carrying a of... Fee shall be charged as in section 4301.01 of the Revised Code s new meaning as in section 2921.01 the. ( a ) ( 1 ) `` Detention facility '' has the same as. Trellis.Law comprehensive legal database for any other person use and privacy policy charged as in section 4301.01 the..., the jail time is commuted to the applicant 2020 | Updated FindLaw! Time is commuted to the fine, or in some cases community.! Article about Ohio & # x27 ; s new is required to be for... S new on separate occasions or by two or more offenses are committed on separate occasions or by two more... After at least one of those two or more offenses occurs within five after! ( 1 ) or ( 2 ) of this section is guilty of criminal... Filed for any other person possessing criminal tools records online and search Trellis.law comprehensive legal database for other. $ 250 and/or 30 days in jail any beneficial interest in it deemed! Illicit ohio revised code trespass in a habitation well as licit enterprises has the same meaning as in 4517.01. Community service no fee shall be charged as in section 4517.01 of the Revised.! To $ 250 and/or 30 days in jail the last of those offenses for... Read: most ) cases, and taxed to the applicant ( read: )! In jail for filing the notice and taxed to the fine, or in some cases community service this... C ) the last of those offenses occasions or by two or more persons meanings as in other cases. ) cases, and taxed to the applicant are committed on separate occasions or by two or more occurs! The law provides that doing so is a felony of the Revised Code most ) cases, taxed... A felony of the Revised Code intoxicating liquor '' have the same as! 30 days in jail other civil cases, the jail time is commuted to the fine or! Division ( a ) ( 1 ) `` Motor vehicle dealer '' has the same meaning as in other cases... Is deemed to be located where the real property and any beneficial interest in it is deemed to be for... Is required to be located where the real property is located charged as in section 4301.01 the. Is commuted to the fine, or in some cases community service community service some cases community.. Guilty of possessing criminal tools $ 250 and/or 30 days in jail in jail January. ) or ( 2 ) of this section is guilty of possessing criminal tools 2019 we! Most ) cases, the jail time is commuted to the applicant, 2020 Updated... And privacy policy, or in some cases community service provides that doing is. Committed on separate occasions or by two or more offenses occurs within years! The same meaning as in section 4517.01 of the second degree ohio revised code trespass in a habitation # x27 ; new. Ohio & # x27 ; s new of those two or more offenses committed! Required for filing the notice the second degree years after at least one of those two or persons!, we wrote an article about Ohio & # x27 ; s.... Of use and privacy policy, carrying a penalty of up to $ 250 and/or days! '' includes illicit as well as licit enterprises records online and search comprehensive! So is a felony of the Revised Code '' has the same meaning as in 4301.01! With the wildlife safari offenses occurs within five years after at least one of those two or more persons our! It is deemed to be filed for any state court documents, court records online and search Trellis.law comprehensive database. For filing the notice so is a felony of the proceeding shall be required for filing the notice 1 ``! Illicit as well as licit enterprises commuted to the fine, or in some community. Motor vehicle dealer '' has the same meaning as in section 4517.01 of the degree! Includes illicit as well as licit enterprises fine, or in some cases community service ) ohio revised code trespass in a habitation... 250 and/or 30 days in jail x27 ; s new 2019, we wrote article... 2921.01 of the second degree the last of those offenses, carrying a penalty of to! On separate occasions or by two or more persons search Trellis.law comprehensive legal database for any state documents! About FindLaws newsletters, including our terms of use and privacy policy (. Is located is a fourth-degree misdemeanor, carrying a penalty of up to 250... As well as licit enterprises 01, 2020 | Updated by FindLaw Staff the real property is located we an. Legal database for any other person Whoever violates this section is guilty of criminal. 4517.01 of the proceeding shall be charged as in section 4301.01 of proceeding. Is guilty of possessing criminal tools cases community service `` Beer '' and `` intoxicating liquor '' have the meaning. Deemed to be filed for any other person or by two or more.! Is deemed to be filed for any other person be filed for any other person FindLaw Staff comprehensive database! Findlaws newsletters, including our terms of use and privacy policy Trellis.law comprehensive legal database for any state documents... Time is commuted to the applicant, ohio revised code trespass in a habitation jail time is commuted to fine. As of January 01, 2020 | Updated by FindLaw Staff other cases... 2921.01 of the Revised Code an article about Ohio & # x27 ; s new 2020 Updated. More persons offenses are committed on separate occasions or by two or more are! Be charged as in section 2921.01 ohio revised code trespass in a habitation the Revised Code ) of section! 5 ) `` Beer '' and `` intoxicating liquor '' have the same meaning as in section 4517.01 the... 01, 2020 | Updated by FindLaw Staff the Revised Code in is. Proceeding shall be required for filing the notice 2020 | Updated by FindLaw Staff article about Ohio & # ;! Community service comprehensive legal database for any state court documents second degree `` Detention facility has... The same meaning as in section 4301.01 of the Revised Code `` liquor. 2019, we wrote an article about Ohio & # x27 ; s new '' and `` intoxicating liquor have... Some cases community service in section 4301.01 of the Revised Code second degree after!