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Sponsor seeks to remove "stealth, deceit and force" from Ohio burglary statute after high‑profile appeal
Summary
Representative Klick introduced House Bill 252 to remove the words 'stealth, deceit and force' from Ohio's burglary definition, aligning Ohio with the Model Penal Code and other states; sponsors said the change addresses recent appellate interpretation that overturned a sentence in a case involving a stolen leaf blower.
Representative Klick told the House Judiciary Committee that House Bill 252 would remove the three words "stealth, deceit and force" from Ohio's burglary definition, arguing the change would align Ohio with the model penal code and the statutes of many other states.
Klick described a recent case in which a man took a homeowner's leaf blower from an open garage and was later sentenced to eight to 12 years; the defense successfully appealed, and Klick said the Ohio Supreme Court debated whether a smile amounted to "stealth or deceit" in that case. "Imagine that being the determining factor on whether that was burglary or not," Klick said, arguing that the phrasing is unique to Ohio and that other states focus on entering a structure with intent to commit a crime.
Klick cited statutory language from Florida, Texas, Kentucky, Illinois and California, and referenced the Model Penal Code’s definition of burglary to support his proposal. He said prosecutors and sheriffs have expressed support and asked the committee to allow proponent testimony from legal experts. The committee heard questions from members about proportionality of sentences and facts of the cited case; Klick said expert witnesses would follow.
No vote was taken at the first hearing; Klick said he would present proponent witnesses in later sessions.
