State v. Barksdale

Appellant, state of Ohio, in the case at bar, urges us to hold that a party, who enters premises open to the public with an intent to commit thereon a felonious act, forfeits his right of entry and becomes a trespasser, subject to prosecution under R.C. 2911.13 for breaking and entering. Cognizant of the increased and legislatively unintended exposure to criminal liability such a rule would engender for many defendants, we must reject appellant’s entreaties.

R.C. 2911.13(B), under which appellee was indicted, declares: “No person shall trespass on the land or premises of another, with purpose…