Prosecutors urge Legislature to remove force/stealth element in burglary statutes after Ohio Supreme Court decision
Get AI-powered insights, summaries, and transcripts
Subscribe
Summary
Prosecutors testified in favor of House Bill 252, which would eliminate the requirement that prosecutors prove an entry was by force, stealth or deception to secure burglary convictions. They cited State v. Bertram (2023) and said the current rule can let offenders who unlawfully enter occupied structures avoid burglary charges.
County prosecutors appeared before the Judiciary Committee to support House Bill 252, which would revise Ohio burglary statutes by removing the requirement that an unlawful entry be proved to have occurred “by force, stealth or deception” in order to convict for burglary and related offenses.
Why it matters: Prosecutors told the committee the Ohio Supreme Court’s 2023 decision in State v. Bertram created a legal gap in which defendants who unlawfully enter occupied structures can avoid burglary charges if the state cannot prove the specific manner of entry. The sponsors and prosecutors said HB252 would align Ohio with other states that define burglary by unlawful entry with criminal intent rather than by the means of entry.
What prosecutors testified
- A prosecutor who presented the bill said the facts of State v. Bertram — in which an individual walked into an occupied garage and took property but the conviction was overturned because the court found the means of entry were not proven — showed the current statutory element can produce outcomes that feel at odds with victims’ expectations and public safety goals.
- The witness said HB252 would preserve the requirement that the entry be unlawful and that the offender intend to commit a crime inside the structure; it would simply remove force/stealth/deception as a separate element that must be proved.
- A second prosecutor echoed that jury instructions and the range of possible factual patterns make the force/stealth/deception element difficult to prove consistently and urged the committee to adopt the statutory change.
Committee action
The committee received the proponents’ testimony and took no vote during the hearing. Prosecutors recommended the committee adopt HB252 to reduce inconsistent outcomes and better protect occupants of homes and other occupied structures.
Ending
Prosecutors asked legislators to support HB252 so the law treats unlawful entry with criminal intent consistently regardless of how the entry occurred; the committee did not take a vote at the hearing.