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Criminal and civil trespass definitions
1. Ohio Revised Code §955.28B:
Dog may be killed for certain acts; owner liable for damages, provides in part:
(B) The owner, keeper, or harborer of a dog is liable in damages for any
injury, death, or loss to person or property that is caused by the dog, unless
the injury, death, or loss was caused to the person or property of an
individual who, at the time, was committing or attempting to commit a
trespass or other criminal offense on the property of the owner, keeper, or
harborer, or was committing or attempting to commit a criminal offense
against any person, or was teasing, tormenting, or abusing the dog on the
owner’s, keeper’s, or harborer’s property.
2. Ohio Rev. Code § 2911.21 Criminal trespass
(A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is
lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows
the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against
unauthorized access or presence is given by actual communication to the offender, or in a
manner prescribed by law, or by posting in a manner reasonably calculated to come to the
attention of potential intruders, or by fencing or other enclosure manifestly designed to
restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being
notified by signage posted in a conspicuous place or otherwise being notified to do so by
the owner or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that the land or premises involved was owned,
controlled, or in custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or
remain on the land or premises involved, when such authorization was secured by deception.
3. Ohio Rev. Code § 2305.402 – liability for civil trespass
(A) As used in this section:
(1) "Possessor of real property" means the owner, lessee, renter, or other occupant of real
property.
(2) "Tort action" means a civil action for damages for injury, death, or loss to person other
than a civil action for damages for a breach of contract or another agreement between
persons.
(3) "Trespasser" means an individual who, without express or implied authorization,
invitation, or inducement, enters real property purely for the individual's own purposes and
convenience.
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(C) Notwithstanding division (B) of this section, the possessor of real property is liable in damages
to a trespasser on the property or to any other person in a tort action for injury, death, or loss to
the person of the trespasser that allegedly is caused by the possessor of the real property if, at the
time the injury, death, or loss allegedly is caused, the possessor knows, or from facts within the
possessor's knowledge should know or believe, that the trespasser is in a position of peril on the
property, and the possessor of the property fails to exercise ordinary care to avoid causing that
injury, death, or loss.