Sponsor seeks to remove "stealth, deceit and force" requirement from Ohio burglary statute

Representative Klick told the House Judiciary Committee that House Bill 252 would remove the words “stealth, deceit and force” from the Ohio Revised Code definition of burglary and bring Ohio in line with many other states and the Model Penal Code by criminalizing entering a building with intent to commit a crime without requiring those qualifiers.

Klick described a case in which a man who took a $500 leaf blower from an open garage was convicted and sentenced to eight to 12 years; the conviction was later vacated after appellate consideration of whether the defendant’s conduct amounted to “stealth” or “deceit.” Klick said the Ohio Supreme Court’s examination of whether a smile constituted stealth or deceit illustrated the statute’s problematic language and that Ohio’s requirement is unique among many states.

Klick cited definitions from Florida, Texas, Kentucky, Illinois and California and the Model Penal Code to argue that Ohio’s statutory language should be modernized. He said prosecutors and sheriffs have expressed support and asked the committee to allow proponent testimony from legal practitioners and prosecutors who could provide case examples and analysis.

Representative Synenberg noted concern about severe sentences in some cases, saying that an eight-year sentence for a $500 leaf blower may seem harsh depending on criminal history and case facts. Klick responded that experienced legal practitioners would follow to present more detailed information.

The committee concluded the bill’s first hearing without taking action.