AGGRAVATED ROBBERY 2911.01AGGRAVATED ROBBERY 2911.01

1.1. While committing or attempting to While committing or attempting to commit or fleeing after a commit or fleeing after a thefttheft offense: offense:

a.a. Have a deadly weapon on person or Have a deadly weapon on person or underunder control and display, brandish, control and display, brandish, indicateindicate possession of or use a weapon possession of or use a weapon OROR

b.b. Have a dangerous Have a dangerous ordnanceordnance on person or on person or under control under control OROR

c.c. Inflict or Inflict or attemptattempt to inflict to inflict serious physical harmserious physical harm

AGGRAVATED ROBBERY 2911.01AGGRAVATED ROBBERY 2911.012.2. No person, without privilege to do so…No person, without privilege to do so…

a.a. Shall Shall knowinglyknowingly remove or remove or attemptattempt to to remove a deadly weapon from the person of remove a deadly weapon from the person of a law enforcement officer… a law enforcement officer… OR…OR…

b.b. Shall knowingly Shall knowingly deprivedeprive or attempt to or attempt to deprive a law enforcement officer of a deadly deprive a law enforcement officer of a deadly weapon, when both of the following apply:weapon, when both of the following apply:

1.1. The law enforcement officer, at the time of The law enforcement officer, at the time of the removal, attempted deprivation, is acting the removal, attempted deprivation, is acting within the within the coursecourse and and scopescope of the officer’s of the officer’s duties duties AND… AND…

2.2. The offender knows or has reasonable cause The offender knows or has reasonable cause to know it is a law enforcement officerto know it is a law enforcement officer

AGGRAVATED ROBBERY 2911.01AGGRAVATED ROBBERY 2911.01

Degree of Offense: F-1Degree of Offense: F-1

Interpreting ElementsInterpreting Elements Definition of Deadly Weapon—Any Definition of Deadly Weapon—Any

instrument, device or thing capable of instrument, device or thing capable of inflicting death and designed or specially inflicting death and designed or specially adapted for use as a weapon or adapted for use as a weapon or possessed, carried or used as a weapon, possessed, carried or used as a weapon, For example: Gun, Knife, Brass knuckles, For example: Gun, Knife, Brass knuckles, or Cane when used offensivelyor Cane when used offensively

AGGRAVATED ROBBERY 2911.01AGGRAVATED ROBBERY 2911.01

Aggravated Robbery includes:Aggravated Robbery includes:

1.1. Robbery while armedRobbery while armed

2.2. Robbery where offender inflicts or Robbery where offender inflicts or attempts serious personal harm, attempts serious personal harm, whether whether armed or notarmed or not

3.3. Rationale—High degree of actual or Rationale—High degree of actual or potential harmpotential harm

The basic element is theft, The basic element is theft, whether actual or attempted whether actual or attempted and flight after are all included and flight after are all included

AGGRAVATED ROBBERY EXAMPLESAGGRAVATED ROBBERY EXAMPLES

Shoplifter brandishes a gun during a getawayShoplifter brandishes a gun during a getaway Purse snatcher who knocks down old lady Purse snatcher who knocks down old lady

causing her to break her leg,causing her to break her leg, What if she only gets bruised?What if she only gets bruised? Person who takes someone’s wallet at Person who takes someone’s wallet at

knifepoint but there is no harm or attempt to knifepoint but there is no harm or attempt to harm State v. Crawford (1983) 10 Ohio App harm State v. Crawford (1983) 10 Ohio App 3d3d

Toy handgun = “deadly weapon” under ORC Toy handgun = “deadly weapon” under ORC 2923.11 because of its possible use as a 2923.11 because of its possible use as a bludgeon bludgeon State v. Meek (1978) 53 Ohio St. 2d 35State v. Meek (1978) 53 Ohio St. 2d 35

AGGRAVATED ROBBERY EXAMPLESAGGRAVATED ROBBERY EXAMPLES Unloaded gun - “deadly weapon” State v. Unloaded gun - “deadly weapon” State v.

Davis (1983) 6 Ohio St. 3d 91Davis (1983) 6 Ohio St. 3d 91 Pretending to have gun under shirt is Pretending to have gun under shirt is

sufficient to constitute “threat” of force; sufficient to constitute “threat” of force; objective test as to fear of victimobjective test as to fear of victim

Pick-pocket is caught removing a wallet from Pick-pocket is caught removing a wallet from a person’s back pocket. Upon being noticed, a person’s back pocket. Upon being noticed, pick-pocket runspick-pocket runs

As he is running away, he knocks down a As he is running away, he knocks down a bystander, (NOT the victim). Bystander bystander, (NOT the victim). Bystander suffers a serious head injury and is suffers a serious head injury and is hospitalized. Aggravated Robbery?hospitalized. Aggravated Robbery?

YES, Division (A) 3 Inflict, or attempt to inflict, YES, Division (A) 3 Inflict, or attempt to inflict, serious physical harm on another.serious physical harm on another.

ROBBERY 2911.02ROBBERY 2911.02

1.1. While committing or attempting to While committing or attempting to commit commit thefttheft offense or fleeing there offense or fleeing there from…from…

a.a. Have a deadly weapon/dangerous Have a deadly weapon/dangerous ordnance ordnance onon person or person or underunder control control OROR

b.b. Inflict, attempt or Inflict, attempt or threatenthreaten to inflict to inflict physical physical harmharm to another to another OROR

c.c. Use or Use or threatenthreaten immediate use of immediate use of forceforce against anotheragainst another

Degree of Offense: F-2 or F-3Degree of Offense: F-2 or F-3

ROBBERY 2911.02ROBBERY 2911.02

Interpreting ElementsInterpreting Elements Use of force or threat is satisfied if Use of force or threat is satisfied if

the victim’s fear is reasonable and the victim’s fear is reasonable and common experience would cause a common experience would cause a person to part with his property person to part with his property against his will. State v. Davis (1983)against his will. State v. Davis (1983)

Example: Offender raised his fists Example: Offender raised his fists against a 67 year old man and against a 67 year old man and demanded the man’s wallet. Threat demanded the man’s wallet. Threat of force was satisfied.of force was satisfied.

ROBBERY 2911.02ROBBERY 2911.02 Victim is passed out due to heavy drinking.Victim is passed out due to heavy drinking. Defendant knows victim has $800.00 in his Defendant knows victim has $800.00 in his

Pocket. Defendant intends to steal the Pocket. Defendant intends to steal the money, but cannot get to it unless he money, but cannot get to it unless he physically rolls victim to one side. physically rolls victim to one side. Defendant does so and takes the money. Is Defendant does so and takes the money. Is it a robbery?it a robbery?

No, The mere rearrangement of a person’s No, The mere rearrangement of a person’s body does not constitute “force”. body does not constitute “force”. State v. State v. Cohen (1978)Cohen (1978)

AGGRAVATED BURGLARY 2911.11AGGRAVATED BURGLARY 2911.11

By force, By force, stealthstealth or or deceptiondeception

1.1. TrespassTrespass in: in:

a.a. OccupiedOccupied structure or structure or

b.b. Separately secured and/or occupied Separately secured and/or occupied portion thereofportion thereof

2.2. When another person is When another person is presentpresent (other than an (other than an accomplice)accomplice)

3.3. With the purpose to commit With the purpose to commit anyany criminal offense criminal offense

AGGRAVATED BURGLARY 2911.11AGGRAVATED BURGLARY 2911.11

4.4. When the offender:When the offender:

a.a. Inflicts, attempts or Inflicts, attempts or threatensthreatens to to cause physical harm to a person orcause physical harm to a person or

b.b. Has a deadly weapon or dangerous Has a deadly weapon or dangerous ordnance ordnance onon person or person or underunder control control

Degree: F-1Degree: F-1

AGGRAVATED BURGLARY 2911.11AGGRAVATED BURGLARY 2911.11 ForceForce: Any violence, compulsion or : Any violence, compulsion or

constraint physically exerted by any constraint physically exerted by any means upon or against a person or thingmeans upon or against a person or thing

StealthStealth: 1. Quality or condition of being : 1. Quality or condition of being secret or furtive. 2. The act of stealing secret or furtive. 2. The act of stealing when the victim is unaware of the theft. 3. when the victim is unaware of the theft. 3. Any secret, sly or clandestine act to avoid Any secret, sly or clandestine act to avoid discovery discovery AND…AND…4. To gain entrance into 4. To gain entrance into or to remain within the residence of or to remain within the residence of another without permissionanother without permission

DECEPTION 2913.01ADECEPTION 2913.01A KnowinglyKnowingly deceiving another or deceiving another or causingcausing

another to be deceived…another to be deceived…

1.1. By By anyany false or misleading representation; false or misleading representation;

2.2. By withholding information;By withholding information;

3.3. By preventing another from By preventing another from acquiring information, or…acquiring information, or…

4.4. By By anyany other conduct, act or omission that other conduct, act or omission that creates, confirms or perpetuates a creates, confirms or perpetuates a falsefalse impression in another, including a false impression in another, including a false impression as to law, value, state of mind impression as to law, value, state of mind or other objective or subjective factor other objective or subjective fact

BURGLARY 2911.12BURGLARY 2911.12 By force, By force, stealthstealth or or deceptiondeception

1.1. TrespassTrespass in in occupiedoccupied structure or structure or separately secured and/or occupied separately secured and/or occupied portion… When another is present, other portion… When another is present, other than an accomplice… to commit than an accomplice… to commit anyany criminal criminal offenseoffense OROR

2.2. Trespass in an occupied structure and/or Trespass in an occupied structure and/or separately secured or occupied portion separately secured or occupied portion that is a permanent and/or temporary that is a permanent and/or temporary habitation… when a person is present or habitation… when a person is present or likelylikely to be… to commit to be… to commit anyany criminal criminal offenseoffense OROR

BURGLARY 2911.12BURGLARY 2911.124.4. Trespass in an occupied structure or Trespass in an occupied structure or

separately secured and/or occupied separately secured and/or occupied portion… With purpose to commit portion… With purpose to commit anyany criminal criminal offenseoffense OROR

5.5. Trespass in a permanent Trespass in a permanent or temporary or temporary habitation habitation … when any … when any person is present or person is present or likelylikely to be (no offense to be (no offense required)required)

Degree of Offense: F-2, F-3, or F-4 Degree of Offense: F-2, F-3, or F-4 depending on section violateddepending on section violated

BURGLARY 2911.12BURGLARY 2911.12Interpreting ElementsInterpreting Elements Distinguished from aggravated burglary by:Distinguished from aggravated burglary by: No threat or infliction of injuryNo threat or infliction of injury No deadly weapon or dangerous ordnance No deadly weapon or dangerous ordnance

requiredrequired

ExamplesExamples Dwelling house whose usual occupant is Dwelling house whose usual occupant is

absent on a prolonged basis. Burglary? absent on a prolonged basis. Burglary? YESYES Apartment unit temporarily vacant?Apartment unit temporarily vacant? YESYES

BURGLARY 2911.12BURGLARY 2911.12 A structure which is dedicated and intended A structure which is dedicated and intended

for residential use, which is not presently for residential use, which is not presently occupied as a person’s habitation but which occupied as a person’s habitation but which has neither been permanently abandoned has neither been permanently abandoned nor vacant for a prolonged period of time nor vacant for a prolonged period of time can be a structure maintained as a dwelling can be a structure maintained as a dwelling State v. Green, (1984)State v. Green, (1984)

The rationale for this is that the persons The rationale for this is that the persons taking care of the property are likely to be taking care of the property are likely to be presentpresent

““Likely to be present” is more than mere Likely to be present” is more than mere possibilitypossibility but less than a but less than a certaintycertainty

BURGLARY 2911.12BURGLARY 2911.12

Estranged husband’s wife has Estranged husband’s wife has possession and control of their possession and control of their house. He enters without permission house. He enters without permission and leaves her a threatening note.and leaves her a threatening note.

Is this a burglary or some other Is this a burglary or some other crime?crime?

Burglary, DV, Menacing….Burglary, DV, Menacing….

Burglary or NOT?Burglary or NOT?

BREAKING AND ENTERING 2911.13BREAKING AND ENTERING 2911.13

Division (A)Division (A)

1.1. By force, stealth or deceptionBy force, stealth or deception

2.2. TrespassTrespass in in unoccupiedunoccupied structure structure

3.3. With purpose to commit a With purpose to commit a thefttheft offense or offense or any any felonyfelony

Division (B)Division (B)

1.1. Trespass on the Trespass on the propertyproperty of another of another

2.2. With purpose to commit With purpose to commit felonyfelony Degree of Offense: F-5Degree of Offense: F-5

BREAKING AND ENTERING 2911.13BREAKING AND ENTERING 2911.13 Case #1: Does the intent to commit a felony Case #1: Does the intent to commit a felony

have to be formed before the trespass have to be formed before the trespass occurs???occurs???

No—The “purpose to commit a felony” No—The “purpose to commit a felony” element may be formed while the trespass is element may be formed while the trespass is in progress. The plan need not be fashioned in progress. The plan need not be fashioned prior to the trespassprior to the trespass

Case #2: A person in an area where she is Case #2: A person in an area where she is permitted to be, leaves that area and enters a permitted to be, leaves that area and enters a locked office. Does this constitute Breaking locked office. Does this constitute Breaking and Entering?and Entering?

Yes, they had no permission to enter and Yes, they had no permission to enter and were trespassing.were trespassing.

CRIMINAL TRESPASS 2911.21CRIMINAL TRESPASS 2911.21

Without privilege to do soWithout privilege to do so

1.1. Knowingly Knowingly enterenter or or remainremain on the on the landland or or premisespremises of another of another OROR

2.2. Knowingly violate a known Knowingly violate a known restrictedrestricted access provision on the land or access provision on the land or premises of another when premises of another when offender knows he is offender knows he is in violation of in violation of restriction or is restriction or is recklessreckless in that regard in that regard OROR

CRIMINAL TRESPASS 2911.21CRIMINAL TRESPASS 2911.21

3.3. Recklessly enter or remain on land or Recklessly enter or remain on land or premises when notice has been given by premises when notice has been given by actualactual communication in a manner communication in a manner prescribed by law, by posting in a prescribed by law, by posting in a manner reasonably determined to manner reasonably determined to provide said notice or by fencing provide said notice or by fencing designed to restrict access designed to restrict access OROR

4.4. Negligently fail or Negligently fail or refuserefuse to leave the to leave the land or premises of another after being land or premises of another after being told to do so (by owner or told to do so (by owner or representative)representative)

Degree of Offense: M-4Degree of Offense: M-4

CRIMINAL TRESPASS 2911.21CRIMINAL TRESPASS 2911.21 ““Land or premises of another” includes any Land or premises of another” includes any

land, building, structure or place belonging to, land, building, structure or place belonging to, controlled by or in custody of another…controlled by or in custody of another…AND…AND…Any structure enclosure or room or portion Any structure enclosure or room or portion thereofthereof

It is no defense to a charge under this section It is no defense to a charge under this section that the land or premises involved was owned, that the land or premises involved was owned, controlled or in custody of a public agencycontrolled or in custody of a public agency

It is no defense to a charge under this section It is no defense to a charge under this section that the offender was authorized to enter or that the offender was authorized to enter or remain on the land or premises involved, when remain on the land or premises involved, when such authorization was secured by deceptionsuch authorization was secured by deception

AGGRAVATED TRESPASS 2911.211AGGRAVATED TRESPASS 2911.211

1.1. EnterEnter or or remainremain

2.2. On the On the landland or or premisespremises of another of another

3.3. With purpose to commit a With purpose to commit a misdemeanormisdemeanor

4.4. Which will cause another physical Which will cause another physical harm or the harm or the beliefbelief that he will be that he will be harmedharmed

Degree of Offense: M-1Degree of Offense: M-1

CRIMINAL TRESPASS ON PLACE OF CRIMINAL TRESPASS ON PLACE OF PUBLIC AMUSEMENT 2911.23PUBLIC AMUSEMENT 2911.23

a.a. Without privilege to do so…Without privilege to do so…

b.b. Knowingly…Enter or remain on any Knowingly…Enter or remain on any restricted portion of a place of public restricted portion of a place of public amusement and as a result…amusement and as a result…

c.c. Interrupt or cause the delay of the live Interrupt or cause the delay of the live performance, sporting event, or other performance, sporting event, or other activity taking place at the place of activity taking place at the place of public amusement… public amusement…

d.d. After notice of restricted access has After notice of restricted access has been givenbeen given

Degree: M-1Degree: M-1

CRIMINAL TRESPASS ON PLACE OF CRIMINAL TRESPASS ON PLACE OF PUBLIC AMUSEMENT 2911.23PUBLIC AMUSEMENT 2911.23

Reasonable force to restrain and remove a Reasonable force to restrain and remove a person from a restricted portion of the person from a restricted portion of the place of public amusement may be used place of public amusement may be used byby

1.1. An owner or lessee of a place of public An owner or lessee of a place of public amusementamusement

2.2. An agent of the owner An agent of the owner or lesseeor lessee

3.3. A performer or A performer or participantparticipant

SAFECRACKING 2911.31SAFECRACKING 2911.31

1.1. With purpose to commit With purpose to commit anan offense offense

2.2. KnowinglyKnowingly enter, force entrance into enter, force entrance into or or tampertamper with with

3.3. Any vault, safe or Any vault, safe or strongboxstrongbox Degree of Offense: F-4Degree of Offense: F-4

SAFECRACKING 2911.31SAFECRACKING 2911.31 The law involves a vault, safe or strongboxThe law involves a vault, safe or strongbox It does It does NOTNOT require the use of an require the use of an

instrument, device or explosive to instrument, device or explosive to “crack” “crack” the safethe safe

There is There is NONO requirement that the safe requirement that the safe contain anything of valuecontain anything of value

It is only necessary that the It is only necessary that the offender’s purpose is forcing offender’s purpose is forcing or tampering with the safe or tampering with the safe or strongbox to commit or strongbox to commit an an offense offense

TAMPERING WITH COIN MACHINES TAMPERING WITH COIN MACHINES 2911.322911.32

1.1. With purpose to commit With purpose to commit thefttheft or to or to defrauddefraud

2.2. KnowinglyKnowingly

3.3. Enter, force entrance into, Enter, force entrance into, tampertamper with or with or insertinsert an object an object

4.4. Into a coin machineInto a coin machine Degree of Offense M-1Degree of Offense M-1 F-5 if prior conviction F-5 if prior conviction

of any theft offense of any theft offense

2307.601 No Duty to Retreat2307.601 No Duty to Retreat (B) If the person lawfully is in that person’s (B) If the person lawfully is in that person’s

residenceresidence, the person has , the person has nono dutyduty to to retreatretreat before using before using forceforce in self-defense, in self-defense, defense of another, or defense of that defense of another, or defense of that person’s residence, and, person’s residence, and,

If the person lawfully is an occupant of that If the person lawfully is an occupant of that person’s person’s vehiclevehicle or lawfully is an occupant or lawfully is an occupant in a vehicle owned by an immediate family in a vehicle owned by an immediate family member of the person, the person has member of the person, the person has nono dutyduty to to retreatretreat before using before using forceforce in self- in self-defense or defense of another.defense or defense of another.

SAFECRACKING 2911.31SAFECRACKING 2911.31

The offense carries the degree of F-4 The offense carries the degree of F-4 because the act usually involves the because the act usually involves the offender committing another offense, such offender committing another offense, such as Breaking and Enteringas Breaking and Entering

Also, this act usually involves some skill or Also, this act usually involves some skill or practice on the part of the offender which practice on the part of the offender which suggests the offender could suggests the offender could be a professional criminal be a professional criminal