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.-- 105 Property Offenses 541.05 <br />(5) With purpose to interfere with the use or enjoyment of the property of <br />another, set a fire on the land of another or place personal property that <br />has been set on fire on the land of another, which fire or personal property <br />is outside and apart from any building, other structure or personal <br />property that is on that land. <br />(b) As used in this section, "safety device" means any fire extinguisher, fire hose or <br />fire axe, or any fire escape, emergency exit or emergency escape equipment, or any life line, <br />life-saving ring, life preserver or life boat or raft, or any alarm, light, flare, signal, sign or notice <br />intended to warn of danger, or emergency, or intended for other safety purposes, or any guard <br />railing or safety barricade, or any traffic signor signal, or any railroad grade crossing sign, signal <br />or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment <br />intended for protecting or preserving the safety of persons or property. <br />(c) Whoever violates this section is guilty of criminal mischief, a misdemeanor of the <br />third degree. If violation of this section creates a risk of physical harm to any person, criminal <br />mischief is a misdemeanor of the first degree. If the property involved in a violation of this <br />section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic <br />fluid, any other equipment, implement, or material used or intended to be used in the operation <br />of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation <br />creates a risk of physical harm to any person or if the property involved in a violation of this <br />section is an occupied aircraft, criminal mischief is a felony and shall be prosecuted under <br />appropriate State law. (ORC 2909.07) <br />541.05 CRIMINAL TRESPASS. <br />(a) No person, without privilege to do so, shall do any of the following: <br />(1) Knowingly enter or remain on the land or premises of another; <br />(2) Knowingly enter or remain on the land or premises of another, the use of <br />which is lawfully restricted to certain persons, purposes, modes or hours, <br />when the offender knows he is in violation of any such restriction or is <br />reckless in that regard; <br />(3) Recklessly enter or remain on the land or premises of another, as to which <br />- notice against unauthorized access or presence is given by actual <br />communication to the offender, or in a manner prescribed by law, or by <br />posting in a manner reasonably calculated to come to the attention of <br />potential intruders, or by fencing or other enclosure manifestly designed <br />to restrict access; <br />(4) Being on the land or premises of another, negligently fail or refuse to <br />leave upon being notified to do so by the owner or occupant, or the agent <br />or servant of either. <br />(b) It is no defense to a charge under this section that the land or premises involved was <br />owned, controlled or in custody of a public agency. <br />(c) It is no defense to a charge under this section that the offender was authorized to <br />enter or remain on the land or premises involved when such authorization was secured by <br />deception. <br />2000 Replacement <br />