537.06 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 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.

   (d)    Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.

   (e)   If the offense is committed by a person who is eighteen years of age or older, and occurred on school premises, then the court shall impose a mandatory term of imprisonment of at least ten days, which shall not be suspended, shall be a period of consecutive imprisonment, and during which mandatory minimum term of imprisonment the defendant shall not be eligible for probation, house arrest, or work release.

   (f)    As used in this section, "land or premises" includes any land, building, structure or place belonging to, controlled by or in custody of another, and any separate enclosure or room or portion thereof.

(ORC 2911.21; Ord. 96-92. Passed 12-1-92.)