Told To Leave
ORC 2911.21 — four ways to commit it, and the notice that turns a stay into one
Trespass is one of the few offences where the same physical act, standing in a place, can be no offence at all, a fourth degree misdemeanour, or a first degree misdemeanour, depending entirely on what the person knew and what they were told. The section is written as a list of mental states rather than a list of places.
Every division begins with the same three words. Without privilege to do so. Privilege is what permission is called here, and a person who has it does not commit this offence however long they stay or however unwelcome they feel. Which is why so much of the argument in a trespass case is about whether permission was ever withdrawn, and how.
- Knowingly entering or remaining on the land or premises of another
- Knowingly entering or remaining on the land or premises of another where the business is closed, or the area is restricted to certain people
- Recklessly entering or remaining after being told to leave in person or by a posted sign, or where a fence restricts access
- Negligently failing or refusing to leave, while on the land or premises of another, after being told to leave in person or where a no trespassing or other sign restricting access is posted
- Knowingly entering or remaining on a critical infrastructure facility
Land or premises is wider than a building. It includes any land, building, structure or place belonging to, controlled by, or in the custody of another, and any separate enclosure or room, or portion of one. A car park, a stairwell and a single room inside a building somebody else controls are each capable of being the premises the section means.
| The division | The degree |
|---|---|
| The divisionEntering or remaining, knowingly | The degreeMisdemeanour of the fourth degree |
| The divisionWhere the business is closed or the area is restricted | The degreeMisdemeanour of the fourth degree |
| The divisionRecklessly, after notice in person, by sign, or by a fence | The degreeMisdemeanour of the fourth degree |
| The divisionNegligently failing or refusing to leave after notice | The degreeMisdemeanour of the fourth degree |
| The divisionKnowingly entering or remaining on a critical infrastructure facility | The degreeMisdemeanour of the first degree |
A sign is a form of notice the section names, alongside being told in person and a fence that restricts access. That is what makes the difference between a person who wandered in and a person the section calls reckless: the notice was there to be seen.
One division is a different offence in everything but name. Knowingly entering or remaining on a critical infrastructure facility is criminal trespass in violation of its own division, and it is a misdemeanour of the first degree rather than the fourth. Everything else in the section sits at the lower degree, which is why the place matters here in a way it does not elsewhere in the list.
Being told to leave is the moment the clock starts. The last division reaches a person who is already lawfully on the premises and then negligently fails or refuses to leave after being told to. It is the division behind most shop and car park cases, and it does not require that the person entered wrongly in the first place.
Aggravated trespass, criminal trespass on a place of public amusement, trespass in a habitation, and burglary are separate offences in the same chapter with their own elements and their own degrees, and are not on this page. Whether a particular person had privilege, and whether notice was given in a way the section recognises, are questions of fact for a court and for a licensed Ohio attorney.
Sources for this section (2)
- ORC 2911.21 — Criminal trespass
- ORC 2929.24 — Definite jail terms for misdemeanors
Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.