Burglary
In Ohio, burglary is defined as unauthorized entry into a structure with the intent to commit a crime therein.
The two parts of this definition are known as the “elements” of the crime, and to be convicted of burglary, both elements of the crime must be proved beyond a reasonable doubt (or admitted to by the defendant). That is, the prosecutor must prove that the defendant actually entered the building, and entered with the intent to commit a crime therein. Without sufficient proof of each element, the prosecutor may secure a conviction for some other crime (such as trespass or attempted burglary), but not burglary.
Also notice that the intended crime (such as theft or assault) need not be completed; proof of entry and criminal intent are the only requirements for a conviction.
Entering the building
The first element of the crime of burglary—entering— requires that you actually entered into a structure without permission to do so.
Entering with the intent to commit a crime
The second element of burglary concerns the defendant’s state of mind at the time he or she entered the building. To be convicted of burglary, the defendant must have decided to commit a crime, and then entered the building for that purpose.
Degrees and Penalties
Burglary is broken into three categories (in addition to aggravated burglary, described in the next section), each incurring prison terms according to severity of the crime.
Burglary with a person present
This form of burglary is a second degree felony and includes unauthorized entry into a building where one or more people (other than an accomplice) are present in or around the structure (such as in an attached garage or loading dock area), with the intent to commit a felony in the building.
(Oh. Rev. Code Ann. § 2911.12(A)(1).)
Burglary of a habitation when a person is present or is likely present
This form of burglary includes unauthorized entry into a habitation when a person is (or is likely to be) present in or around the structure, with the intent to commit a crime in the building. This category is also a second degree felony.
A “habitation,” includes any permanent or temporary dwelling (such as a house, apartment, or even a tent). This is narrower than the “occupied structure” definition from above, because it includes only dwellings. (Oh. Rev. Code Ann. § 2911.12(A)(2).) A “home invasion” is a burglary of this nature.
Burglary with no people present
Slightly less serious, but nonetheless a third degree felony, this category includes the unauthorized entry into a building intended for residential use that is currently vacant (but not permanently abandoned or vacant for a prolonged time ), with the intent to commit a felony inside. (Oh. Rev. Code Ann. § 2911.12(A)(3).) Again, this might be considered a “home invasion.”
Aggravated Burglary
Aggravated burglary includes unlawful entry into a building where one or more people (other than an accomplice) are present in or around the structure, with the intent to commit a crime therein; and either possessing a weapon or dangerous explosive device during the offense, or threatening to or actually inflicting physical harm upon someone (other than an accomplice) during the course of the burglary. Aggravated burglary is a first degree felony. (Oh. Rev. Code Ann. § 2911.11.)
Source: http://www.criminaldefenselawyer.com/resources/burglary-and-home-invasions-ohio.htm#
