As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 565 5
1997-1998 6
REPRESENTATIVE TERWILLEGER 7
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A B I L L
To amend sections 2901.01, 2901.11, 2901.12, 11
2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 12
2907.323, 2913.01, 2913.04, 2913.42, 2913.61,
2917.21, and 2923.31 and to enact sections 14
2907.324, 2913.05, and 2913.06 of the Revised
Code relative to computer and telecommunications 15
offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2901.01, 2901.11, 2901.12, 21
2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2913.01, 22
2913.04, 2913.42, 2913.61, 2917.21, and 2923.31 be amended and 24
sections 2907.324, 2913.05, and 2913.06 of the Revised Code be
enacted to read as follows: 25
Sec. 2901.01. (A) As used in the Revised Code: 34
(1) "Force" means any violence, compulsion, or constraint 36
physically exerted by any means upon or against a person or 37
thing. 38
(2) "Deadly force" means any force that carries a 40
substantial risk that it will proximately result in the death of 41
any person. 42
(3) "Physical harm to persons" means any injury, illness, 44
or other physiological impairment, regardless of its gravity or 45
duration. 46
(4) "Physical harm to property" means any tangible or 48
intangible damage to property that, in any degree, results in 49
loss to its value or interferes with its use or enjoyment. 50
2
"Physical harm to property" does not include wear and tear 51
occasioned by normal use. 52
(5) "Serious physical harm to persons" means any of the 54
following: 55
(a) Any mental illness or condition of such gravity as 57
would normally require hospitalization or prolonged psychiatric 58
treatment; 59
(b) Any physical harm that carries a substantial risk of 61
death; 62
(c) Any physical harm that involves some permanent 64
incapacity, whether partial or total, or that involves some 65
temporary, substantial incapacity; 66
(d) Any physical harm that involves some permanent 68
disfigurement, or that involves some temporary, serious 69
disfigurement; 70
(e) Any physical harm that involves acute pain of such 72
duration as to result in substantial suffering, or that involves 73
any degree of prolonged or intractable pain. 74
(6) "Serious physical harm to property" means any physical 76
harm to property that does either of the following: 77
(a) Results in substantial loss to the value of the 79
property, or requires a substantial amount of time, effort, or 80
money to repair or replace; 81
(b) Temporarily prevents the use or enjoyment of the 83
property, or substantially interferes with its use or enjoyment 84
for an extended period of time. 85
(7) "Risk" means a significant possibility, as contrasted 87
with a remote possibility, that a certain result may occur or 88
that certain circumstances may exist. 89
(8) "Substantial risk" means a strong possibility, as 91
contrasted with a remote or significant possibility, that a 92
certain result may occur or that certain circumstances may exist. 93
(9) "Offense of violence" means any of the following: 95
(a) A violation of section 2903.01, 2903.02, 2903.03, 97
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2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 98
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 99
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 100
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 101
division (A)(1), (2), or (3) of section 2911.12 of the Revised 102
Code or felonious sexual penetration in violation of former 103
section 2907.12 of the Revised Code; 104
(b) A violation of an existing or former municipal 106
ordinance or law of this or any other state or the United States, 107
substantially equivalent to any section or division or offense 108
listed in division (A)(9)(a) of this section; 109
(c) An offense, other than a traffic offense, under an 111
existing or former municipal ordinance or law of this or any 112
other state or the United States, committed purposely or 113
knowingly, and involving physical harm to persons or a risk of 114
serious physical harm to persons; 115
(d) A conspiracy or attempt to commit, or complicity in 117
committing, any offense under division (A)(9)(a), (b), or (c) of 119
this section.
(10)(a) "Property" means any property, real or personal, 122
tangible or intangible, and any interest or license in that 123
property. "Property" includes, but is not limited to, cable
television service, OTHER TELECOMMUNICATIONS SERVICE, 124
TELECOMMUNICATIONS DEVICES, computer data, computer software, 125
financial instruments associated with computers, and other 126
documents associated with computers, or copies of the documents, 127
whether in machine or human readable form, TRADE SECRETS, 128
TRADEMARKS, COPYRIGHTS, PATENTS, AND PROPERTY PROTECTED BY A 129
TRADEMARK, COPYRIGHT, OR PATENT. "Financial instruments 130
associated with computers" include, but are not limited to, 131
checks, drafts, warrants, money orders, notes of indebtedness, 132
certificates of deposit, letters of credit, bills of credit or 133
debit cards, financial transaction authorization mechanisms, 134
marketable securities, or any computer system representations of 135
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any of them. 136
(b) As used in this division and division (A)(10) OF THIS 139
SECTION, "TRADE SECRET" HAS THE SAME MEANING AS IN SECTION
1333.61 OF THE REVISED CODE, AND "TELECOMMUNICATIONS SERVICE" HAS 140
THE SAME MEANING AS IN SECTION 2913.01 OF THE REVISED CODE. 141
(c) AS USED IN DIVISIONS (A)(10) AND (13) of this section, 144
"cable television service," "computer," "computer software," 145
"computer system," "computer network," and "data," AND 146
"TELECOMMUNICATIONS DEVICE" have the same meaning MEANINGS as in 147
section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 149
(a) A sheriff, deputy sheriff, constable, police officer 151
of a township or joint township police district, marshal, deputy 152
marshal, municipal police officer, member of a police force 153
employed by a metropolitan housing authority under division (D) 154
of section 3735.31 of the Revised Code, or state highway patrol 155
trooper; 156
(b) An officer, agent, or employee of the state or any of 158
its agencies, instrumentalities, or political subdivisions, upon 159
whom, by statute, a duty to conserve the peace or to enforce all 160
or certain laws is imposed and the authority to arrest violators 161
is conferred, within the limits of that statutory duty and 162
authority; 163
(c) A mayor, in the mayor's capacity as chief conservator 165
of the peace within the mayor's municipal corporation; 166
(d) A member of an auxiliary police force organized by 168
county, township, or municipal law enforcement authorities, 169
within the scope of the member's appointment or commission; 170
(e) A person lawfully called pursuant to section 311.07 of 172
the Revised Code to aid a sheriff in keeping the peace, for the 173
purposes and during the time when the person is called; 174
(f) A person appointed by a mayor pursuant to section 176
737.01 of the Revised Code as a special patrolling officer during 178
riot or emergency, for the purposes and during the time when the 179
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person is appointed;
(g) A member of the organized militia of this state or the 181
armed forces of the United States, lawfully called to duty to aid 182
civil authorities in keeping the peace or protect against 183
domestic violence; 184
(h) A prosecuting attorney, assistant prosecuting 186
attorney, secret service officer, or municipal prosecutor; 187
(i) An Ohio veterans' home police officer appointed under 189
section 5907.02 of the Revised Code; 190
(j) A member of a police force employed by a regional 192
transit authority under division (Y) of section 306.35 of the 193
Revised Code.
(12) "Privilege" means an immunity, license, or right 195
conferred by law, bestowed by express or implied grant, arising 197
out of status, position, office, or relationship, or growing out 198
of necessity.
(13) "Contraband" means any property described in the 200
following categories: 201
(a) Property that in and of itself is unlawful for a 203
person to acquire or possess; 204
(b) Property that is not in and of itself unlawful for a 206
person to acquire or possess, but that has been determined by a 207
court of this state, in accordance with law, to be contraband 208
because of its use in an unlawful activity or manner, of its 209
nature, or of the circumstances of the person who acquires or 210
possesses it, including, but not limited to, goods and personal 211
property described in division (D) of section 2913.34 of the 212
Revised Code;
(c) Property that is specifically stated to be contraband 214
by a section of the Revised Code or by an ordinance, regulation, 215
or resolution; 216
(d) Property that is forfeitable pursuant to a section of 218
the Revised Code, or an ordinance, regulation, or resolution, 219
including, but not limited to, forfeitable firearms, dangerous 220
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ordnance, obscene materials, and goods and personal property 222
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 224
3719.01 of the Revised Code, or any device, paraphernalia, money 225
as defined in section 1301.01 of the Revised Code, or other means 226
of exchange that has been, is being, or is intended to be used in 227
an attempt or conspiracy to violate, or in a violation of, 228
Chapter 2925. or 3719. of the Revised Code; 229
(f) Any gambling device, paraphernalia, money as defined 231
in section 1301.01 of the Revised Code, or other means of 232
exchange that has been, is being, or is intended to be used in an 233
attempt or conspiracy to violate, or in the violation of, Chapter 234
2915. of the Revised Code; 235
(g) Any equipment, machine, device, apparatus, vehicle, 237
vessel, container, liquid, or substance that has been, is being, 238
or is intended to be used in an attempt or conspiracy to violate, 239
or in the violation of, any law of this state relating to alcohol 240
or tobacco; 241
(h) Any personal property that has been, is being, or is 243
intended to be used in an attempt or conspiracy to commit, or in 244
the commission of, any offense or in the transportation of the 245
fruits of any offense; 246
(i) Any property that is acquired through the sale or 248
other transfer of contraband or through the proceeds of 249
contraband, other than by a court or a law enforcement agency 250
acting within the scope of its duties; 251
(j) Any computer, computer system, computer network, or 253
computer software, OR OTHER TELECOMMUNICATIONS DEVICE that is 254
used in a conspiracy to commit, an attempt to commit, or in the 256
commission of any offense, if the owner of the computer, computer 257
system, computer network, or computer software, OR OTHER 258
TELECOMMUNICATIONS DEVICE is convicted of or pleads guilty to the 259
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 261
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relative to a charge of an offense only if the person proves, in 262
the manner specified in section 2901.05 of the Revised Code, that 263
at the time of the commission of the offense, the person did not 264
know, as a result of a severe mental disease or defect, the 265
wrongfulness of the person's acts. 266
(B)(1)(a) Subject to division (B)(2) of this section, as 269
used in any section contained in Title XXIX of the Revised Code 270
that sets forth a criminal offense, "person" includes all of the 271
following:
(i) An individual, corporation, business trust, estate, 273
trust, partnership, and association; 274
(ii) An unborn human who is viable. 276
(b) As used in any section contained in Title XXIX of the 279
Revised Code that does not set forth a criminal offense, "person" 280
includes an individual, corporation, business trust, estate, 281
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 283
(i) "Unborn human" means an individual organism of the 285
species homo sapiens from fertilization until live birth. 286
(ii) "Viable" means the stage of development of a human 289
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 290
temporary artificial life-sustaining support. 291
(2) Notwithstanding division (B)(1)(a) of this section, in 293
no case shall the portion of the definition of the term "person" 294
that is set forth in division (B)(1)(a)(ii) of this section be 295
applied or construed in any section contained in Title XXIX of 296
the Revised Code that sets forth a criminal offense in any of the 297
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 299
this section, in a manner so that the offense prohibits or is 300
construed as prohibiting any pregnant woman or her physician from 301
performing an abortion with the consent of the pregnant woman, 302
with the consent of the pregnant woman implied by law in a 303
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medical emergency, or with the approval of one otherwise 304
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 305
described in the immediately preceding sentence may be punished 306
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 307
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 308
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 309
An abortion that does not violate the conditions described in the 310
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 311
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 312
as a violation of section 2919.12, division (B) of section 313
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 314
Code, as applicable. Consent is sufficient under this division 315
if it is of the type otherwise adequate to permit medical 316
treatment to the pregnant woman, even if it does not comply with 317
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 320
construed as applying to a woman based on an act or omission of
the woman that occurs while she is or was pregnant and that 321
results in any of the following: 322
(i) Her delivery of a stillborn baby; 324
(ii) Her causing, in any other manner, the death in utero 327
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 330
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 331
(iv) Her causing her child who is born alive to sustain 334
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 337
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 338
or a mental illness or condition, regardless of its duration or 339
gravity, to a viable, unborn human that she is carrying. 340
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Sec. 2901.11. (A) A person is subject to criminal 349
prosecution and punishment in this state if any of the following 350
occur: 351
(1) He THE PERSON commits an offense under the laws of 353
this state, any element of which takes place in this state;. 354
(2) While in this state, he THE PERSON conspires or 356
attempts to commit, or is guilty of complicity in the commission 357
of an offense in another jurisdiction, which offense is an 358
offense under both the laws of this state and such other 359
jurisdiction;.
(3) While out of this state, he THE PERSON conspires or 361
attempts to commit, or is guilty of complicity in the commission 362
of an offense in this state;. 363
(4) While out of this state, he THE PERSON omits to 365
perform a legal duty imposed by the laws of this state, which 367
omission affects a legitimate interest of the state in 368
protecting, governing, or regulating any person, property, thing, 369
transaction, or activity in this state;. 370
(5) While out of this state, he THE PERSON unlawfully 372
takes or retains property and subsequently brings any of such THE 373
UNLAWFULLY TAKEN OR RETAINED property into this state;. 374
(6) While out of this state, he THE PERSON unlawfully 376
takes or entices another and subsequently brings such THE other 377
person into this state. 378
(7) THE PERSON, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 381
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 382
OR TELECOMMUNICATIONS SERVICE, CAUSES OR ALLOWS ANY WRITING, 383
DATA, IMAGE, OR OTHER TELECOMMUNICATION TO BE DISSEMINATED OR 384
TRANSMITTED INTO THIS STATE IN VIOLATION OF THE LAW OF THIS 385
STATE.
(B) In homicide, the element referred to in division 387
(A)(1) of this section is either the act which causes death, or 388
the physical contact which causes death, or the death itself. If 389
any part of the body of a homicide victim is found in this state, 390
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the death is presumed to have occurred within this state. 391
(C)(1) This state includes the land and water within its 393
boundaries and the air space above that land and water, with 394
respect to which this state has either exclusive or concurrent 395
legislative jurisdiction. Where the boundary between this state 396
and another state or foreign country is disputed, the disputed 397
territory is conclusively presumed to be within this state for 398
purposes of this section. 399
(2) The courts of common pleas of Adams, Athens, Belmont, 401
Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, 402
Lawrence, Meigs, Monroe, Scioto, and Washington counties have 403
jurisdiction beyond the north or northwest shore of the Ohio 404
river extending to the opposite shore line, between the extended 405
boundary lines of any adjacent counties or adjacent state. Each 406
of those courts of common pleas has concurrent jurisdiction on 407
the Ohio river with any adjacent court of common pleas that 408
borders on that river and with any court of Kentucky or of West 409
Virginia that borders on the Ohio river and that has jurisdiction 410
on the Ohio river under the law of Kentucky or the law of West 411
Virginia, whichever is applicable, or under federal law. 412
(D) When an offense is committed under the laws of this 414
state, and it appears beyond a reasonable doubt that the offense 415
or any element thereof took place either in Ohio or in another 416
jurisdiction or jurisdictions, but it cannot reasonably be 417
determined in which it took place, such offense or element is 418
conclusively presumed to have taken place in this state for 419
purposes of this section. 420
(E) AS USED IN THIS SECTION, "COMPUTER," "COMPUTER 422
SYSTEM," "COMPUTER NETWORK," "TELECOMMUNICATION," 423
"TELECOMMUNICATIONS DEVICE," "TELECOMMUNICATIONS SERVICE," AND 424
"WRITING" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE 425
REVISED CODE.
Sec. 2901.12. (A) The trial of a criminal case in this 434
state shall be held in a court having jurisdiction of the subject 435
11
matter, and in the territory of which the offense or any element 436
of the offense was committed. 437
(B) When the offense or any element of the offense was 439
committed in an aircraft, motor vehicle, train, watercraft, or 440
other vehicle, in transit, and it cannot reasonably be determined 441
in which jurisdiction the offense was committed, the offender may 442
be tried in any jurisdiction through which the aircraft, motor 443
vehicle, train, watercraft, or other vehicle passed. 444
(C) When the offense involved the unlawful taking or 446
receiving of property or the unlawful taking or enticing of 447
another, the offender may be tried in any jurisdiction from which 448
or into which the property or victim was taken, received, or 449
enticed. 450
(D) When the offense is conspiracy, attempt, or complicity 452
cognizable under division (A)(2) of section 2901.11 of the 453
Revised Code, the offender may be tried in any jurisdiction in 454
which the conspiracy, attempt, complicity, or any of its elements 455
occurred. 456
(E) When the offense is conspiracy or attempt cognizable 458
under division (A)(3) of section 2901.11 of the Revised Code, the 459
offender may be tried in any jurisdiction in which the offense 460
that was the object of the conspiracy or attempt, or any element 461
thereof, was intended to or could have taken place. When the 462
offense is complicity cognizable under division (A)(3) of section 463
2901.11 of the Revised Code, the offender may be tried in any 464
jurisdiction in which the principal offender may be tried. 465
(F) When an offense is considered to have been committed 467
in this state while the offender was out of this state, and the 468
jurisdiction in this state in which the offense or any material 469
element of the offense was committed is not reasonably 470
ascertainable, the offender may be tried in any jurisdiction in 471
which the offense or element reasonably could have been 472
committed. 473
(G) When it appears beyond a reasonable doubt that an 475
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offense or any element of an offense was committed in any of two 476
or more jurisdictions, but it cannot reasonably be determined in 477
which jurisdiction the offense or element was committed, the 478
offender may be tried in any such jurisdiction. 479
(H) When an offender, as part of a course of criminal 481
conduct, commits offenses in different jurisdictions, he THE 482
OFFENDER may be tried for all of those offenses in any 484
jurisdiction in which one of those offenses or any element of one 485
of those offenses occurred. Without limitation on the evidence 486
that may be used to establish such THE course of criminal 487
conduct, any of the following is prima-facie evidence of a course 488
of criminal conduct:
(1) The offenses involved the same victim, or victims of 490
the same type or from the same group. 491
(2) The offenses were committed by the offender in his THE 493
OFFENDER'S same employment, or capacity, or relationship to 495
another.
(3) The offenses were committed as part of the same 497
transaction or chain of events, or in furtherance of the same 498
purpose or objective. 499
(4) The offenses were committed in furtherance of the same 501
conspiracy. 502
(5) The offenses involved the same or a similar modus 504
operandi. 505
(6) The offenses were committed along the offender's line 507
of travel in this state, regardless of his THE OFFENDER'S point 508
of origin or destination. 510
(I)(1) When the offense involves a computer, computer 512
system, or computer network, TELECOMMUNICATION, 513
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE, the 514
offender may be tried in any jurisdiction containing any location 515
of the computer, computer system, or computer network of the 516
victim of the offense, IN ANY JURISDICTION FROM WHICH OR INTO 517
WHICH, AS PART OF THE OFFENSE, ANY WRITING, DATA, OR IMAGE IS 518
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DISSEMINATED OR TRANSMITTED BY MEANS OF A COMPUTER, COMPUTER 519
SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS 520
DEVICE, OR TELECOMMUNICATIONS SERVICE, or IN any jurisdiction in 522
which the alleged offender commits any activity that is an 523
essential part of the offense.
(2) As used in this section, "computer," "computer 525
system," and "computer network," "TELECOMMUNICATION," 526
"TELECOMMUNICATIONS DEVICE," AND "TELECOMMUNICATIONS SERVICE" 527
have the same meaning MEANINGS as in section 2913.01 of the 529
Revised Code.
(J) When the offense involves the death of a person, and 531
it cannot reasonably be determined in which jurisdiction the 532
offense was committed, the offender may be tried in the 533
jurisdiction in which the dead person's body or any part of the 534
dead person's body was found. 535
(K) Notwithstanding any other requirement for the place of 537
trial, venue may be changed upon motion of the prosecution, the 538
defense, or the court, to any court having jurisdiction of the 539
subject matter outside the county in which trial otherwise would 540
be held, when it appears that a fair and impartial trial cannot 541
be held in the jurisdiction in which trial otherwise would be 542
held, or when it appears that trial should be held in another 543
jurisdiction for the convenience of the parties and in the 544
interests of justice. 545
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of 554
the Revised Code: 555
(A) "Sexual conduct" means vaginal intercourse between a 557
male and female; anal intercourse, fellatio, and cunnilingus 559
between persons regardless of sex; and the insertion, however 560
slight, of any part of the body or any instrument, apparatus, or 561
other object into the vaginal or anal cavity of another. 562
Penetration, however slight, is sufficient to complete vaginal or 563
anal intercourse.
(B) "Sexual contact" means any touching of an erogenous 565
14
zone of another, including without limitation the thigh, 566
genitals, buttock, pubic region, or, if the person is a female, a 567
breast, for the purpose of sexually arousing or gratifying either 568
person. 569
(C) "Sexual activity" means sexual conduct or sexual 571
contact, or both. 572
(D) "Prostitute" means a male or female who promiscuously 574
engages in sexual activity for hire, regardless of whether the 575
hire is paid to the prostitute or to another. 576
(E) Any material or performance is "harmful to juveniles," 578
if it is offensive to prevailing standards in the adult community 579
with respect to what is suitable for juveniles, and if any of the 580
following apply: 581
(1) It tends to appeal to the prurient interest of 583
juveniles; 584
(2) It contains a display, description, or representation 586
of sexual activity, masturbation, sexual excitement, or nudity; 587
(3) It contains a display, description, or representation 589
of bestiality or extreme or bizarre violence, cruelty, or 590
brutality; 591
(4) It contains a display, description, or representation 593
of human bodily functions of elimination; 594
(5) It makes repeated use of foul language; 596
(6) It contains a display, description, or representation 598
in lurid detail of the violent physical torture, dismemberment, 599
destruction, or death of a human being; 600
(7) It contains a display, description, or representation 602
of criminal activity that tends to glorify or glamorize the 603
activity, and that, with respect to juveniles, has a dominant 604
tendency to corrupt. 605
(F) When considered as a whole, and judged with reference 607
to ordinary adults or, if it is designed for sexual deviates or 608
other specially susceptible group, judged with reference to that 609
group, any material or performance is "obscene" if any of the 610
15
following apply: 611
(1) Its dominant appeal is to prurient interest; 613
(2) Its dominant tendency is to arouse lust by displaying 615
or depicting sexual activity, masturbation, sexual excitement, or 616
nudity in a way that tends to represent human beings as mere 617
objects of sexual appetite; 618
(3) Its dominant tendency is to arouse lust by displaying 620
or depicting bestiality or extreme or bizarre violence, cruelty, 621
or brutality; 622
(4) Its dominant tendency is to appeal to scatological 624
interest by displaying or depicting human bodily functions of 625
elimination in a way that inspires disgust or revulsion in 626
persons with ordinary sensibilities, without serving any genuine 627
scientific, educational, sociological, moral, or artistic 628
purpose; 629
(5) It contains a series of displays or descriptions of 631
sexual activity, masturbation, sexual excitement, nudity, 632
bestiality, extreme or bizarre violence, cruelty, or brutality, 633
or human bodily functions of elimination, the cumulative effect 634
of which is a dominant tendency to appeal to prurient or 635
scatological interest, when the appeal to such an interest is 636
primarily for its own sake or for commercial exploitation, rather 637
than primarily for a genuine scientific, educational, 638
sociological, moral, or artistic purpose. 639
(G) "Sexual excitement" means the condition of human male 641
or female genitals when in a state of sexual stimulation or 642
arousal. 643
(H) "Nudity" means the showing, representation, or 645
depiction of human male or female genitals, pubic area, or 646
buttocks with less than a full, opaque covering, or of a female 647
breast with less than a full, opaque covering of any portion 648
thereof below the top of the nipple, or of covered male genitals 649
in a discernibly turgid state. 650
(I) "Juvenile" means an unmarried person under the age of 652
16
eighteen. 653
(J) "Material" means any book, magazine, newspaper, 655
pamphlet, poster, print, picture, figure, image, description, 656
motion picture film, phonographic record, or tape, UNDEVELOPED 658
FILM, OR NEGATIVES; DATA THAT IS STORED ON COMPUTER DISK OR 659
STORED BY ELECTRONIC MEANS AND THAT IS CAPABLE OF BEING CONVERTED 660
INTO A VISUAL IMAGE; A PICTORIAL REPRESENTATION PRODUCED OR 661
RECORDED BY ANY MECHANICAL, CHEMICAL, PHOTOGRAPHIC, OR ELECTRICAL 662
MEANS; or other tangible thing capable of arousing interest 663
through sight, sound, or touch. 664
(K) "Performance" means any motion picture, preview, 666
trailer, play, show, skit, dance, or other exhibition performed 667
before an audience. 668
(L) "Spouse" means a person married to an offender at the 670
time of an alleged offense, except that such person shall not be 671
considered the spouse when any of the following apply: 672
(1) When the parties have entered into a written 674
separation agreement authorized by section 3103.06 of the Revised 675
Code; 676
(2) During the pendency of an action between the parties 678
for annulment, divorce, dissolution of marriage, or legal 679
separation; 680
(3) In the case of an action for legal separation, after 682
the effective date of the judgment for legal separation. 683
(M) "Minor" means a person under the age of eighteen. 685
(N) "COMPUTER," "COMPUTER SYSTEM," "COMPUTER NETWORK," 688
"TELECOMMUNICATION," "TELECOMMUNICATIONS DEVICE,"
"TELECOMMUNICATIONS SERVICE," AND "WRITING" HAVE THE SAME 689
MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 690
Sec. 2907.31. (A) No person, with knowledge of its 699
character or content, shall recklessly do any of the following: 700
(1) Sell, deliver, furnish, disseminate, provide, exhibit, 702
rent, or present to a juvenile any material or performance that 703
is obscene or harmful to juveniles; 704
17
(2) Offer or agree to sell, deliver, furnish, disseminate, 706
provide, exhibit, rent, or present to a juvenile any material or 707
performance that is obscene or harmful to juveniles; 708
(3) TRANSMIT, OR OFFER OR AGREE TO TRANSMIT, TO A 710
JUVENILE, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER 711
NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 712
TELECOMMUNICATIONS SERVICE, ANY MATERIAL OR PERFORMANCE THAT IS 713
OBSCENE OR HARMFUL TO JUVENILES;
(4) Allow any juvenile to review or peruse any material or 715
view any live performance that is harmful to juveniles. 716
(B) The following are affirmative defenses to a charge 718
under this section that involves material or a performance that 719
is harmful to juveniles but not obscene: 720
(1) The defendant is the parent, guardian, or spouse of 722
the juvenile involved. 723
(2) The juvenile involved, at the time of the conduct in 725
question, was accompanied by the juvenile's parent or guardian 726
who, with knowledge of its character, consented to the material 728
or performance being furnished or presented to the juvenile. 729
(3) The juvenile exhibited to the defendant or to the 731
defendant's agent or employee a draft card, driver's license, 733
birth record, marriage license, or other official or apparently 734
official document purporting to show that the juvenile was 735
eighteen years of age or over or married, and the person to whom 736
that document was exhibited did not otherwise have reasonable 737
cause to believe that the juvenile was under the age of eighteen 738
and unmarried.
(C)(1) It is an affirmative defense to a charge under this 740
section, involving material or a performance that is obscene or 741
harmful to juveniles, that the material or performance was 742
furnished or presented for a bona fide medical, scientific, 743
educational, governmental, judicial, or other proper purpose, by 744
a physician, psychologist, sociologist, scientist, teacher, 745
librarian, clergyman, prosecutor, judge, or other proper person. 746
18
(2) Except as provided in division (B)(3) of this section, 748
mistake of age is not a defense to a charge under this section. 749
(D) Whoever violates this section is guilty of 751
disseminating matter harmful to juveniles. If the material or 752
performance involved is harmful to juveniles, except as otherwise 754
provided in this division, a violation of this section is a 755
misdemeanor of the first degree. If the material or performance 756
involved is obscene, except as otherwise provided in this 757
division, a violation of this section is a felony of the fifth 758
degree. If the material or performance involved is obscene and 759
the juvenile to whom it is sold, delivered, furnished, 760
disseminated, provided, exhibited, rented, or presented, OR 761
TRANSMITTED, the juvenile to whom the offer is made or who is the 762
subject of the agreement, or the juvenile who is allowed to 763
review, peruse, or view it is under thirteen years of age, 764
violation of this section is a felony of the fourth degree. 765
Sec. 2907.32. (A) No person, with knowledge of the 774
character of the material or performance involved, shall do any 775
of the following: 776
(1) Create, reproduce, or publish any obscene material, 778
when the offender knows that the material is to be used for 779
commercial exploitation or will be publicly disseminated or 780
displayed, or when the offender is reckless in that regard; 781
(2) Promote or advertise for sale, delivery, or 783
dissemination; sell, deliver, publicly disseminate, publicly 784
display, exhibit, present, rent, or provide; or TRANSMIT BY MEANS 785
OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, 786
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 787
TELECOMMUNICATIONS SERVICE; offer or agree to sell, deliver, 788
publicly disseminate, publicly display, exhibit, present, rent, 789
or provide; OR OFFER OR AGREE TO TRANSMIT BY MEANS OF A COMPUTER, 791
COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE, any 792
obscene material; 793
19
(3) Create, direct, or produce an obscene performance, 795
when the offender knows that it is to be used for commercial 796
exploitation or will be publicly presented, or when the offender 797
is reckless in that regard; 798
(4) Advertise or promote an obscene performance for 800
presentation, or present or participate in presenting an obscene 801
performance, when the performance is presented publicly, or when 802
admission is charged; 803
(5) Buy, procure, possess, or control any obscene material 805
with purpose to violate division (A)(2) or (4) of this section. 806
(B) It is an affirmative defense to a charge under this 808
section, that the material or performance involved was 809
disseminated or presented for a bona fide medical, scientific, 810
educational, religious, governmental, judicial, or other proper 811
purpose, by or to a physician, psychologist, sociologist, 812
scientist, teacher, person pursuing bona fide studies or 813
research, librarian, clergyman, prosecutor, judge, or other 814
person having a proper interest in the material or performance. 815
(C) Whoever violates this section is guilty of pandering 817
obscenity, a felony of the fifth degree. If the offender 819
previously has been convicted of a violation of this section or 820
of section 2907.31 of the Revised Code, then pandering obscenity 821
is a felony of the fourth degree. 822
Sec. 2907.321. (A) No person, with knowledge of the 831
character of the material or performance involved, shall do any 832
of the following: 833
(1) Create, reproduce, or publish any obscene material 835
that has a minor as one of its participants or portrayed 836
observers; 837
(2) Promote or advertise for sale, DELIVERY, or 839
dissemination; sell, deliver, disseminate, display, exhibit, 841
present, rent, or provide; or offer or agree to sell, deliver, 842
disseminate, display, exhibit, present, rent, or provide; OR 843
TRANSMIT, RECEIVE, OR OFFER OR AGREE TO TRANSMIT OR RECEIVE BY 844
20
MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, 845
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR
TELECOMMUNICATIONS SERVICE, any obscene material that has a minor 847
as one of its participants or portrayed observers; 848
(3) Create, direct, or produce an obscene performance that 850
has a minor as one of its participants; 851
(4) Advertise or promote for presentation, present, or 853
participate in presenting an obscene performance that has a minor 854
as one of its participants; 855
(5) Buy, procure, possess, or control any obscene 857
material, that has a minor as one of its participants; 858
(6) Bring or cause to be brought into this state any 860
obscene material that has a minor as one of its participants or 861
portrayed observers; 862
(7) CREATE, REPRODUCE, OR PUBLISH; PROMOTE OR ADVERTISE 865
FOR SALE, DELIVERY, OR DISSEMINATION; SELL, DELIVER, DISSEMINATE, 866
DISPLAY, EXHIBIT, PRESENT, RENT, OR PROVIDE, OR OFFER; AGREE TO 867
SELL, DELIVER, DISSEMINATE, DISPLAY, EXHIBIT, PRESENT, RENT, OR 868
PROVIDE; TRANSMIT, OR OFFER OR AGREE TO TRANSMIT, BY MEANS OF A 869
COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, 870
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE; BUY, 871
PROCURE, POSSESS, OR CONTROL; OR BRING OR CAUSE TO BE BROUGHT 872
INTO THIS STATE A COMPUTER GENERATED, MODIFIED, OR REPRODUCED 873
OBSCENE MATERIAL, OBSCENE IMAGE, OR OBSCENE GRAPHIC OF WHAT 875
APPEARS TO BE A MINOR, BUT IS NOT ACTUALLY A MINOR, AS ONE OF ITS 876
PARTICIPANTS OR PORTRAYED OBSERVERS.
(B)(1) This section does not apply to any material or 878
performance that is sold, disseminated, displayed, possessed, 879
controlled, brought or caused to be brought into this state, or 880
presented for a bona fide medical, scientific, educational, 881
religious, governmental, judicial, or other proper purpose, by or 882
to a physician, psychologist, sociologist, scientist, teacher, 883
person pursuing bona fide studies or research, librarian, 884
clergyman, prosecutor, judge, or other person having a proper 885
21
interest in the material or performance. 886
(2) Mistake of age is not a defense to a charge under this 888
section. 889
(3) In a prosecution under this section, the trier of fact 891
may infer that a person in the material or performance involved 892
is a minor if the material or performance, through its title, 893
text, visual representation, or otherwise, represents or depicts 894
the person as a minor. 895
(C) Whoever violates this section is guilty of pandering 897
obscenity involving a minor. Violation of division (A)(1), (2), 898
(3), (4), or (6) of this section is a felony of the second 899
degree. Violation of division (A)(5) OR (7) of this section is a 901
felony of the fourth degree. If the offender previously has been
convicted of or pleaded guilty to a violation of this section or 902
section 2907.322 or 2907.323 of the Revised Code, pandering 903
obscenity involving a minor in violation of division (A)(5) OR 904
(7) of this section is a felony of the third degree. 905
Sec. 2907.322. (A) No person, with knowledge of the 914
character of the material or performance involved, shall do any 915
of the following: 916
(1) Create, record, photograph, film, develop, reproduce, 918
or publish any material that shows a minor participating or 919
engaging in sexual activity, masturbation, or bestiality; 920
(2) Advertise for sale or dissemination, sell, distribute, 922
transport, disseminate, exhibit, or display, OR TRANSMIT BY MEANS 924
OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK,
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 925
TELECOMMUNICATIONS SERVICE any material that shows a minor 926
participating or engaging in sexual activity, masturbation, or
bestiality; 927
(3) Create, direct, or produce a performance that shows a 929
minor participating or engaging in sexual activity, masturbation, 930
or bestiality; 931
(4) Advertise for presentation, present, or participate in 933
22
presenting a performance that shows a minor participating or 934
engaging in sexual activity, masturbation, or bestiality; 935
(5) Solicit, receive, purchase, exchange, possess or 937
control any material that shows a minor participating or engaging 938
in sexual activity, masturbation, or bestiality; 939
(6) Bring or cause to be brought into this state any 941
material that shows a minor participating or engaging in sexual 942
activity, masturbation, or bestiality, or bring, cause to be 943
brought, or finance the bringing of any minor into or across this 944
state with the intent that the minor engage in sexual activity, 945
masturbation, or bestiality in a performance or for the purpose 946
of producing material containing a visual representation 947
depicting the minor engaged in sexual activity, masturbation, or 948
bestiality. 949
(B)(1) This section does not apply to any material or 951
performance that is sold, disseminated, displayed, possessed, 952
controlled, brought or caused to be brought into this state, or 953
presented for a bona fide medical, scientific, educational, 954
religious, governmental, judicial, or other proper purpose, by or 955
to a physician, psychologist, sociologist, scientist, teacher, 956
person pursuing bona fide studies or research, librarian, 957
clergyman, prosecutor, judge, or other person having a proper 958
interest in the material or performance. 959
(2) Mistake of age is not a defense to a charge under this 961
section. 962
(3) In a prosecution under this section, the trier of fact 964
may infer that a person in the material or performance involved 965
is a minor if the material or performance, through its title, 966
text, visual representation, or otherwise, represents or depicts 967
the person as a minor. 968
(C) Whoever violates this section is guilty of pandering 970
sexually oriented matter involving a minor. Violation of 971
division (A)(1), (2), (3), (4), or (6) of this section is a 972
felony of the second degree. Violation of division (A)(5) of 973
23
this section is a felony of the fifth degree. If the offender 976
previously has been convicted of or pleaded guilty to a violation 977
of this section or section 2907.321 or 2907.323 of the Revised 978
Code, pandering sexually oriented matter involving a minor in 979
violation of division (A)(5) of this section is a felony of the 980
fourth degree.
Sec. 2907.323. (A) No person shall do any of the 989
following: 990
(1) Photograph any minor who is not the person's child or 992
ward in a state of nudity, or; create, direct, produce, or 993
transfer any material or performance that shows the minor in a 994
state of nudity; OR TRANSMIT BY MEANS OF A COMPUTER, COMPUTER 995
SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS 996
DEVICE, OR TELECOMMUNICATIONS SERVICE ANY MATERIAL OR PERFORMANCE 997
THAT SHOWS THE MINOR IN A STATE OF NUDITY, unless both of the 998
following apply:
(a) The material or performance is, or is to be, sold, 1,000
disseminated, displayed, possessed, controlled, brought or caused 1,001
to be brought into this state, or presented for a bona fide 1,002
artistic, medical, scientific, educational, religious, 1,003
governmental, judicial, or other proper purpose, by or to a 1,004
physician, psychologist, sociologist, scientist, teacher, person 1,005
pursuing bona fide studies or research, librarian, clergyman 1,006
CLERGYPERSON, prosecutor, judge, or other person having a proper 1,007
interest in the material or performance; 1,008
(b) The minor's parents, guardian, or custodian consents 1,010
in writing to the photographing of the minor, to the use of the 1,011
minor in the material or performance, or to the transfer OR 1,012
TRANSMITTAL of the material and to the specific manner in which 1,013
the material or performance is to be used. 1,014
(2) Consent to the photographing of the person's minor 1,016
child or ward, or photograph the person's minor child or ward, in 1,017
a state of nudity or consent to the use of the person's minor 1,018
child or ward in a state of nudity in any material or 1,020
24
performance, or use or transfer a material or performance of that 1,021
nature, unless the material or performance is sold, disseminated, 1,022
displayed, possessed, controlled, brought or caused to be brought 1,023
into this state, or presented for a bona fide artistic, medical, 1,024
scientific, educational, religious, governmental, judicial, or 1,025
other proper purpose, by or to a physician, psychologist, 1,026
sociologist, scientist, teacher, person pursuing bona fide 1,027
studies or research, librarian, clergyman CLERGYPERSON, 1,028
prosecutor, judge, or other person having a proper interest in 1,029
the material or performance;
(3) Possess or view any material or performance that shows 1,031
a minor who is not the person's child or ward in a state of 1,032
nudity, unless one of the following applies: 1,033
(a) The material or performance is sold, disseminated, 1,035
displayed, possessed, controlled, brought or caused to be brought 1,036
into this state, or presented for a bona fide artistic, medical, 1,037
scientific, educational, religious, governmental, judicial, or 1,038
other proper purpose, by or to a physician, psychologist, 1,039
sociologist, scientist, teacher, person pursuing bona fide 1,040
studies or research, librarian, clergyman CLERGYPERSON, 1,041
prosecutor, judge, or other person having a proper interest in 1,042
the material or performance. 1,043
(b) The person knows that the parents, guardian, or 1,045
custodian has consented in writing to the photographing or use of 1,046
the minor in a state of nudity and to the manner in which the 1,047
material or performance is used or transferred. 1,048
(B) Whoever violates this section is guilty of illegal use 1,050
of a minor in a nudity-oriented material or performance. Whoever 1,051
violates division (A)(1) or (2) of this section is guilty of a 1,052
felony of the second degree. Whoever violates division (A)(3) of 1,053
this section is guilty of a felony of the fifth degree. If the 1,056
offender previously has been convicted of or pleaded guilty to a 1,057
violation of this section or section 2907.321 or 2907.322 of the 1,058
Revised Code, illegal use of a minor in a nudity-oriented
25
material or performance in violation of division (A)(3) of this 1,059
section is a felony of the fourth degree. 1,060
Sec. 2907.324. (A) NO PERSON, KNOWING OR HAVING 1,062
REASONABLE CAUSE TO BELIEVE THAT THE MATERIALS ARE INTENDED TO 1,063
BE, OR WILL BE, USED TO COMMIT A VIOLATION OF THIS CHAPTER OR A 1,064
VIOLATION OF SIMILAR LAWS OF ANOTHER STATE, SHALL COMPILE, 1,065
POSSESS, DISSEMINATE, OR REPRODUCE, BY ANY MEANS, ANY STATEMENT, 1,066
NOTICE, ADVERTISEMENT, DESCRIPTIVE INFORMATION, OR IDENTIFYING 1,067
INFORMATION ABOUT A MINOR, INCLUDING, BUT NOT LIMITED TO, THE 1,068
MINOR'S NAME, TELEPHONE NUMBER, PLACE OF RESIDENCE, PHYSICAL 1,069
CHARACTERISTICS, SOCIAL SECURITY NUMBER, OR INTERNET ADDRESS. 1,071
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF ILLEGAL USE 1,074
OF INFORMATION ABOUT A MINOR, A FELONY OF THE FIFTH DEGREE. 1,075
Sec. 2913.01. As used in this chapter: 1,084
(A) "Deception" means knowingly deceiving another or 1,086
causing another to be deceived by any false or misleading 1,087
representation, by withholding information, by preventing another 1,088
from acquiring information, or by any other conduct, act, or 1,089
omission that creates, confirms, or perpetuates a false 1,090
impression in another, including a false impression as to law, 1,091
value, state of mind, or other objective or subjective fact. 1,092
(B) "Defraud" means to knowingly obtain, by deception, 1,094
some benefit for oneself or another, or to knowingly cause, by 1,095
deception, some detriment to another. 1,096
(C) "Deprive" means to do any of the following: 1,098
(1) Withhold property of another permanently, or for a 1,100
period that appropriates a substantial portion of its value or 1,101
use, or with purpose to restore it only upon payment of a reward 1,102
or other consideration; 1,103
(2) Dispose of property so as to make it unlikely that the 1,105
owner will recover it; 1,106
(3) Accept, use, or appropriate money, property, or 1,108
services, with purpose not to give proper consideration in return 1,109
for the money, property, or services, and without reasonable 1,110
26
justification or excuse for not giving proper consideration. 1,111
(D) "Owner" means, unless the context requires a different 1,113
meaning, any person, other than the actor, who is the owner of, 1,115
who has possession or control of, or who has any license or 1,117
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 1,118
(E) "Services" include labor, personal services, 1,120
professional services, public utility services, common carrier 1,121
services, and food, drink, transportation, entertainment, and 1,122
cable television services. 1,123
(F) "Writing" means any computer software, document, 1,125
letter, memorandum, note, paper, plate, data, film, or other 1,126
thing having in or upon it any written, typewritten, or printed 1,127
matter, and any token, stamp, seal, credit card, badge, 1,129
trademark, label, or other symbol of value, right, privilege, 1,130
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 1,132
part and by any means, any spurious writing, or to make, execute, 1,133
alter, complete, reproduce, or otherwise purport to authenticate 1,134
any writing, when the writing in fact is not authenticated by 1,135
that conduct. 1,136
(H) "Utter" means to issue, publish, transfer, use, put or 1,138
send into circulation, deliver, or display. 1,139
(I) "Coin machine" means any mechanical or electronic 1,141
device designed to do both of the following: 1,142
(1) Receive a coin, bill, or token made for that purpose; 1,144
(2) In return for the insertion or deposit of a coin, 1,146
bill, or token, automatically dispense property, provide a 1,147
service, or grant a license. 1,148
(J) "Slug" means an object that, by virtue of its size, 1,150
shape, composition, or other quality, is capable of being 1,151
inserted or deposited in a coin machine as an improper substitute 1,152
for a genuine coin, bill, or token made for that purpose. 1,153
(K) "Theft offense" means any of the following: 1,155
27
(1) A violation of section 2911.01, 2911.02, 2911.11, 1,157
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 1,158
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 1,159
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 1,161
2913.47, former section 2913.47 or 2913.48, or section 2913.51, 1,162
2915.05, or 2921.41 of the Revised Code; 1,163
(2) A violation of an existing or former municipal 1,165
ordinance or law of this or any other state, or of the United 1,166
States, substantially equivalent to any section listed in 1,167
division (K)(1) of this section or a violation of section 1,168
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 1,169
prior to July 1, 1996;
(3) An offense under an existing or former municipal 1,171
ordinance or law of this or any other state, or of the United 1,172
States, involving robbery, burglary, breaking and entering, 1,173
theft, embezzlement, wrongful conversion, forgery, 1,174
counterfeiting, deceit, or fraud; 1,175
(4) A conspiracy or attempt to commit, or complicity in 1,177
committing any offense under division (K)(1), (2), or (3) of this 1,178
section. 1,179
(L) "Computer services" includes, but is not limited to, 1,181
the use of a computer system, computer network, computer program, 1,182
data that is prepared for computer use, or data that is contained 1,183
within a computer system or computer network. 1,184
(M) "Computer" means an electronic device that performs 1,186
logical, arithmetic, and memory functions by the manipulation of 1,187
electronic or magnetic impulses. "Computer" includes, but is not 1,188
limited to, all input, output, processing, storage, computer 1,189
program, or communication facilities that are connected, or 1,190
related, in a computer system or network to an electronic device 1,192
of that nature.
(N) "Computer system" means a computer and related 1,194
devices, whether connected or unconnected, including, but not 1,195
limited to, data input, output, and storage devices, data 1,196
28
communications links, and computer programs and data that make 1,197
the system capable of performing specified special purpose data 1,198
processing tasks. 1,199
(O) "Computer network" means a set of related and remotely 1,201
connected computers and communication facilities that includes 1,202
more than one computer system that has the capability to transmit 1,203
among the connected computers and communication facilities 1,204
through the use of computer facilities. 1,205
(P) "Computer program" means an ordered set of data 1,207
representing coded instructions or statements that, when executed 1,208
by a computer, cause the computer to process data. 1,209
(Q) "Computer software" means computer programs, 1,211
procedures, and other documentation associated with the operation 1,212
of a computer system. 1,213
(R) "Data" means a representation of information, 1,215
knowledge, facts, concepts, or instructions that are being or 1,216
have been prepared in a formalized manner and that are intended 1,217
for use in a computer system or computer network. For purposes 1,218
of section 2913.47 of the Revised Code, "data" has the additional 1,219
meaning set forth in division (A) of that section. 1,220
(S) "Cable television service" means any services provided 1,222
by or through the facilities of any cable television system or 1,223
other similar closed circuit coaxial cable communications system, 1,224
or any microwave or similar transmission service used in 1,225
connection with any cable television system or other similar 1,226
closed circuit coaxial cable communications system. 1,227
(T) "Gain access" means to approach, instruct, communicate 1,229
with, store data in, retrieve data from, or otherwise make use of 1,230
any resources of a computer, computer system, or computer 1,231
network. 1,232
(U) "Credit card" includes, but is not limited to, a card, 1,234
code, device, or other means of access to a customer's account 1,235
for the purpose of obtaining money, property, labor, or services 1,236
on credit, or for initiating an electronic fund transfer at a 1,237
29
point-of-sale terminal, an automated teller machine, or a cash 1,238
dispensing machine. 1,239
(V) "Electronic fund transfer" has the same meaning as in 1,241
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 1,242
(W) "Rented property" means personal property in which the 1,244
right of possession and use of the property is for a short and 1,245
possibly indeterminate term in return for consideration; the 1,246
rentee generally controls the duration of possession of the 1,247
property, within any applicable minimum or maximum term; and the 1,248
amount of consideration generally is determined by the duration 1,249
of possession of the property.
(X) "TELECOMMUNICATION" MEANS THE ORIGINATION, EMISSION, 1,252
TRANSMISSION, OR RECEPTION OF DATA, IMAGES, SIGNALS, SOUNDS, OR 1,253
OTHER INTELLIGENCE OR EQUIVALENCE OF INTELLIGENCE OF ANY NATURE 1,254
OVER ANY COMMUNICATIONS SYSTEM BY ANY METHOD, INCLUDING, BUT NOT 1,255
LIMITED TO, A FIBER OPTIC, ELECTRONIC, MAGNETIC, OPTICAL, 1,256
DIGITAL, OR ANALOG METHOD.
(Y) "TELECOMMUNICATIONS DEVICE" MEANS ANY INSTRUMENT, 1,259
EQUIPMENT, MACHINE, OR OTHER DEVICE THAT FACILITATES 1,260
TELECOMMUNICATION INCLUDING, BUT NOT LIMITED TO, A COMPUTER, 1,261
COMPUTER NETWORK, COMPUTER CHIP, COMPUTER CIRCUIT, SCANNER, 1,262
TELEPHONE, CELLULAR TELEPHONE, PAGER, PERSONAL COMMUNICATIONS 1,263
DEVICE, TRANSPONDER, RECEIVER, RADIO, MODEM, OR DEVICE THAT 1,264
ENABLES THE USE OF A MODEM.
(Z) "TELECOMMUNICATIONS SERVICE" MEANS THE PROVIDING, 1,267
ALLOWING, FACILITATING, OR GENERATING OF ANY FORM OF 1,268
TELECOMMUNICATION THROUGH THE USE OF A TELECOMMUNICATIONS DEVICE 1,269
OVER A TELECOMMUNICATIONS SYSTEM.
(AA) "COUNTERFEIT TELECOMMUNICATIONS DEVICE" MEANS A 1,272
TELECOMMUNICATIONS DEVICE THAT, ALONE OR WITH ANOTHER 1,273
TELECOMMUNICATIONS DEVICE, HAS BEEN ALTERED, CONSTRUCTED, 1,274
MANUFACTURED, OR PROGRAMMED TO ACQUIRE, INTERCEPT, RECEIVE, OR
OTHERWISE FACILITATE THE USE OF A TELECOMMUNICATIONS SERVICE 1,276
WITHOUT THE AUTHORITY OR CONSENT OF THE PROVIDER OF THE 1,277
30
TELECOMMUNICATIONS SERVICE. "COUNTERFEIT TELECOMMUNICATIONS 1,278
DEVICE" INCLUDES, BUT IS NOT LIMITED TO, A CLONE TELEPHONE, CLONE 1,279
MICROCHIP, TUMBLER TELEPHONE, TUMBLER MICROCHIP; A WIRELESS 1,280
SCANNING DEVICE CAPABLE OF ACQUIRING, INTERCEPTING, RECEIVING, OR 1,281
OTHERWISE FACILITATING THE USE OF TELECOMMUNICATIONS SERVICE 1,282
WITHOUT IMMEDIATE DETECTION; OR A DEVICE, EQUIPMENT, HARDWARE, OR 1,283
SOFTWARE DESIGNED FOR, OR CAPABLE OF, ALTERING OR CHANGING THE 1,284
ELECTRONIC SERIAL NUMBER IN A WIRELESS TELEPHONE. 1,285
Sec. 2913.04. (A) No person shall knowingly use or 1,294
operate the property of another without the consent of the owner 1,295
or person authorized to give consent. 1,296
(B) No person shall knowingly gain access to, attempt to 1,298
gain access to, or cause access to be gained to any computer, 1,299
computer system, or computer network, TELECOMMUNICATIONS DEVICE, 1,301
OR TELECOMMUNICATIONS SERVICE without the consent of, or beyond 1,302
the scope of the express or implied consent of, the owner of the 1,303
computer, computer system, or computer network,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE or other 1,304
person authorized to give consent by the owner. 1,306
(C) The affirmative defenses contained in division (C) of 1,308
section 2913.03 of the Revised Code are affirmative defenses to a 1,309
charge under this section. 1,310
(D) Whoever violates division (A) of this section is 1,313
guilty of unauthorized use of property. Except as otherwise
provided in this division, unauthorized use of property is a 1,314
misdemeanor of the fourth degree. 1,315
If unauthorized use of property is committed for the 1,317
purpose of devising or executing a scheme to defraud or to obtain 1,318
property or services, unauthorized use of property is whichever 1,319
of the following is applicable:
(1) Except as otherwise provided in division (D)(2), (3), 1,321
or (4) of this section, a misdemeanor of the first degree. 1,322
(2) If the value of the property or services or the loss 1,324
to the victim is five hundred dollars or more and is less than 1,325
31
five thousand dollars, a felony of the fifth degree. 1,326
(3) If the value of the property or services or the loss 1,328
to the victim is five thousand dollars or more and is less than 1,329
one hundred thousand dollars, a felony of the fourth degree. 1,330
(4) If the value of the property or services or the loss 1,332
to the victim is one hundred thousand dollars or more, a felony 1,333
of the third degree. 1,334
(E) Whoever violates division (B) of this section is 1,336
guilty of unauthorized use of computer OR TELECOMMUNICATION 1,337
property, a felony of the fifth degree. 1,338
Sec. 2913.05. (A) NO PERSON, WITH PURPOSE TO DEFRAUD, 1,341
SHALL KNOWINGLY TRANSMIT OR CAUSE TO BE TRANSMITTED BY MEANS OF 1,342
WIRE, RADIO, SATELLITE, TELECOMMUNICATION, TELECOMMUNICATIONS 1,343
DEVICE, OR TELECOMMUNICATIONS SERVICE ANY WRITING, SIGN, SIGNAL, 1,344
PICTURE, SOUND, OR IMAGE. 1,345
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 1,348
TELECOMMUNICATIONS FRAUD. EXCEPT AS OTHERWISE PROVIDED IN THIS 1,349
DIVISION, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FIFTH 1,350
DEGREE. IF THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR 1,351
OF THE DETRIMENT TO THE VICTIM OF THE FRAUD IS FIVE THOUSAND 1,352
DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, 1,353
TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FOURTH DEGREE. IF 1,354
THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR OF THE 1,355
DETRIMENT TO THE VICTIM OF THE FRAUD IS ONE HUNDRED THOUSAND 1,356
DOLLARS OR MORE, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE 1,357
THIRD DEGREE.
Sec. 2913.06. (A) NO PERSON SHALL MANUFACTURE, POSSESS, 1,360
DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE IT CRIMINALLY. 1,361
(B) NO PERSON SHALL MANUFACTURE, POSSESS, DELIVER, OFFER 1,364
TO DELIVER, OR ADVERTISE A COUNTERFEIT TELECOMMUNICATIONS DEVICE 1,365
WITH PURPOSE TO USE THAT DEVICE OR TO ALLOW THAT DEVICE TO BE 1,366
USED, OR KNOWING OR HAVING REASON TO KNOW THAT ANOTHER PERSON MAY 1,367
USE THAT DEVICE, TO DO ANY OF THE FOLLOWING: 1,368
32
(1) OBTAIN OR ATTEMPT TO OBTAIN TELECOMMUNICATIONS SERVICE 1,370
WITH PURPOSE TO AVOID A LAWFUL CHARGE FOR THAT SERVICE OR AID OR 1,372
CAUSE ANOTHER PERSON TO OBTAIN OR ATTEMPT TO OBTAIN
TELECOMMUNICATIONS SERVICE WITH PURPOSE TO AVOID A LAWFUL CHARGE 1,373
FOR THAT SERVICE; 1,374
(2) CONCEAL THE EXISTENCE, PLACE OF ORIGIN, OR DESTINATION 1,377
OF A TELECOMMUNICATIONS SERVICE.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF UNLAWFUL 1,380
USE OF A TELECOMMUNICATIONS DEVICE, A FELONY OF THE FIFTH DEGREE. 1,381
(D) THIS SECTION DOES NOT PROHIBIT OR RESTRICT A PERSON 1,384
WHO HOLDS AN AMATEUR SERVICE LICENSE ISSUED BY THE FEDERAL 1,385
COMMUNICATIONS COMMISSION FROM POSSESSING A RADIO RECEIVER OR 1,386
TRANSCEIVER THAT IS INTENDED PRIMARILY OR EXCLUSIVELY FOR USE IN 1,387
THE AMATEUR RADIO SERVICE AND IS USED FOR LAWFUL PURPOSES. 1,388
(E) THIS SECTION DOES NOT PRECLUDE A PERSON FROM DISPUTING 1,390
CHARGES IMPOSED FOR TELECOMMUNICATIONS SERVICE BY THE PROVIDER OF 1,391
THAT SERVICE. 1,392
Sec. 2913.42. (A) No person, knowing the person has no 1,401
privilege to do so, and with purpose to defraud or knowing that 1,402
the person is facilitating a fraud, shall do any of the 1,403
following:
(1) Falsify, destroy, remove, conceal, alter, deface, or 1,405
mutilate any writing, computer software, data, computer data, or 1,407
record;
(2) Utter any writing or record, knowing it to have been 1,409
tampered with as provided in division (A)(1) of this section. 1,410
(B)(1) Whoever violates this section is guilty of 1,412
tampering with records.
(2) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 1,414
SECTION, IF the offense does not involve data, COMPUTER SOFTWARE, 1,415
OR COMPUTER DATA, tampering with records is whichever of the 1,417
following is applicable:
(a) If division (B)(2)(b) of this section does not apply, 1,419
a misdemeanor of the first degree; 1,420
33
(b) If the writing or record is a will unrevoked at the 1,422
time of the offense or a record kept by or belonging to a 1,423
governmental agency, a felony of the fifth degree. 1,424
(3) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 1,426
SECTION, IF the offense involves a violation of division (A) of 1,427
this section involving data, COMPUTER SOFTWARE, OR COMPUTER DATA, 1,429
tampering with records is whichever of the following is
applicable: 1,430
(a) Except as otherwise provided in division (B)(3)(b), 1,432
(c), or (d) of this section, a misdemeanor of the first degree; 1,433
(b) If the value of the data, COMPUTER SOFTWARE, OR 1,435
COMPUTER DATA involved in the offense or the loss to the victim 1,437
is five hundred dollars or more and is less than five thousand 1,438
dollars, a felony of the fifth degree;
(c) If the value of the data, COMPUTER SOFTWARE, OR 1,440
COMPUTER DATA involved in the offense or the loss to the victim 1,442
is five thousand dollars or more and is less than one hundred
thousand dollars, a felony of the fourth degree; 1,443
(d) If the value of the data, COMPUTER SOFTWARE, OR 1,445
COMPUTER DATA involved in the offense or the loss to the victim 1,447
is one hundred thousand dollars or more or if the offense is 1,448
committed for the purpose of devising or executing a scheme to 1,449
defraud or to obtain property or services and the value of the 1,450
property or services or the loss to the victim is five thousand 1,451
dollars or more, a felony of the third degree. 1,452
(4) IF THE WRITING, DATA, COMPUTER SOFTWARE, COMPUTER 1,454
DATA, OR RECORD IS KEPT BY OR BELONGS TO A LOCAL, STATE, OR 1,455
FEDERAL GOVERNMENTAL ENTITY, A FELONY OF THE THIRD DEGREE. 1,456
Sec. 2913.61. (A) When a person is charged with a theft 1,465
offense involving property or services valued at five hundred 1,467
dollars or more, a theft offense involving property or services 1,468
valued at five hundred dollars or more and less than five 1,469
thousand dollars, a theft offense involving property or services 1,470
valued at five thousand dollars or more and less than one hundred 1,471
34
thousand dollars, or a theft offense involving property or 1,472
services valued at one hundred thousand dollars or more, the jury 1,473
or court trying the accused shall determine the value of the 1,474
property or services as of the time of the offense and, if a 1,475
guilty verdict is returned, shall return the finding of value as 1,476
part of the verdict. In any case in which the jury or court 1,477
determines that the value of the property or services at the time 1,478
of the offense was five hundred dollars or more, it is 1,479
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 1,480
value of the property or services involved was, five hundred 1,481
dollars or more and less than five thousand dollars, was five 1,482
thousand dollars or more and less than one hundred thousand 1,483
dollars, or was one hundred thousand dollars or more.
(B) Where more than one item of property or services is 1,485
involved in a theft offense, the value of the property or 1,486
services involved for the purpose of determining the value as 1,487
required by division (A) of this section, is the aggregate value 1,488
of all property or services involved in the offense. 1,489
(C)(1) When a series of offenses under section 2913.02 of 1,491
the Revised Code is committed by the offender in the offender's 1,492
same employment, capacity, or relationship to another, all such 1,493
offenses shall be tried as a single offense, and the value of the 1,494
property or services involved for the purpose of determining the 1,495
value as required by division (A) of this section, is the 1,496
aggregate value of all property and services involved in all 1,497
offenses in the series. In prosecuting a single offense under 1,498
this division, it is not necessary to separately allege and prove 1,499
each offense in the series. It is sufficient to allege and prove 1,500
that the offender, within a given span of time, committed one or 1,501
more theft offenses in the offender's same employment, capacity, 1,502
or relationship to another. 1,503
(2) IF AN OFFENDER IS BEING TRIED FOR THE COMMISSION OF A 1,506
SERIES OF OFFENSES UNDER SECTION 2913.02 OF THE REVISED CODE 1,508
35
AGAINST MORE THAN ONE VICTIM PURSUANT TO A SCHEME OR COURSE OF 1,509
CONDUCT, THE VALUE OF THE PROPERTY OR SERVICES INVOLVED, FOR THE 1,511
PURPOSE OF DETERMINING THE VALUE AS REQUIRED BY DIVISION (A) OF 1,512
THIS SECTION, IS THE AGGREGATE VALUE OF ALL PROPERTY AND SERVICES 1,513
INVOLVED IN THE SERIES OF OFFENSES. 1,514
(D) The following criteria shall be used in determining 1,516
the value of property or services involved in a theft offense: 1,517
(1) The value of an heirloom, memento, collector's item, 1,519
antique, museum piece, manuscript, document, record, or other 1,520
thing that has intrinsic worth to its owner and that either is 1,522
irreplaceable or is replaceable only on the expenditure of 1,523
substantial time, effort, or money, is the amount that would 1,524
compensate the owner for its loss. 1,525
(2) The value of personal effects and household goods, and 1,527
of materials, supplies, equipment, and fixtures used in the 1,528
profession, business, trade, occupation, or avocation of its 1,529
owner, which property is not covered under division (D)(1) of 1,530
this section and which retains substantial utility for its 1,531
purpose regardless of its age or condition, is the cost of 1,532
replacing the property with new property of like kind and 1,533
quality. 1,534
(3) The value of any property, real or personal, not 1,536
covered under division (D)(1) or (2) of this section, and the 1,537
value of services, is the fair market value of the property or 1,538
services. As used in this section, "fair market value" is the 1,539
money consideration that a buyer would give and a seller would 1,540
accept for property or services, assuming that the buyer is 1,541
willing to buy and the seller is willing to sell, that both are 1,542
fully informed as to all facts material to the transaction, and 1,543
that neither is under any compulsion to act. 1,544
(E) Without limitation on the evidence that may be used to 1,546
establish the value of property or services involved in a theft 1,547
offense:
(1) When the property involved is personal property held 1,549
36
for sale at wholesale or retail, the price at which the property 1,550
was held for sale is prima-facie evidence of its value. 1,551
(2) When the property involved is a security or commodity 1,553
traded on an exchange, the closing price or, if there is no 1,554
closing price, the asked price, given in the latest market 1,555
quotation prior to the offense, is prima-facie evidence of the 1,556
value of the security or commodity. 1,557
(3) When the property involved is livestock, poultry, or 1,559
raw agricultural products for which a local market price is 1,560
available, the latest local market price prior to the offense is 1,561
prima-facie evidence of the value of the livestock, poultry, or 1,562
products. 1,563
(4) When the property involved is a negotiable instrument, 1,565
the face value is prima-facie evidence of the value of the 1,566
instrument. 1,567
(5) When the property involved is a warehouse receipt, 1,569
bill of lading, pawn ticket, claim check, or other instrument 1,570
entitling the holder or bearer to receive property, the face 1,571
value or, if there is no face value, the value of the property 1,572
covered by the instrument less any payment necessary to receive 1,573
the property, is prima-facie evidence of the value of the 1,574
instrument. 1,575
(6) When the property involved is a ticket of admission, 1,577
ticket for transportation, coupon, token, or other instrument 1,578
entitling the holder or bearer to receive property or services, 1,579
the face value or, if there is no face value, the value of the 1,580
property or services that may be received thereby, is prima-facie 1,582
evidence of the value of the instrument.
(7) When the services involved are gas, electricity, 1,584
water, telephone, transportation, shipping, or other services for 1,585
which the rate is established by law, the duly established rate 1,586
is prima-facie evidence of the value of the services. 1,587
(8) When the services involved are services for which the 1,589
rate is not established by law, and the offender has been 1,590
37
notified prior to the offense of the rate for the services, 1,591
either in writing, or orally, or by posting in a manner 1,592
reasonably calculated to come to the attention of potential 1,593
offenders, the rate contained in the notice is prima-facie 1,594
evidence of the value of the services. 1,595
Sec. 2917.21. (A) No person shall knowingly make or cause 1,604
to be made a telephone call TELECOMMUNICATION, or knowingly 1,605
permit a telephone call TELECOMMUNICATION to be made from a 1,606
telephone TELECOMMUNICATIONS DEVICE under the person's control, 1,607
to another, if the caller does any of the following: 1,608
(1) Fails to identify the caller to the recipient of the 1,610
telephone call TELECOMMUNICATION and makes the telephone call 1,612
TELECOMMUNICATION with purpose to harass, abuse, or annoy any 1,613
person at the premises to which the telephone call 1,614
TELECOMMUNICATION is made, whether or not conversation ACTUAL 1,615
COMMUNICATION takes place during the telephone call BETWEEN THE 1,616
CALLER AND A RECIPIENT;
(2) Describes, suggests, requests, or proposes that the 1,618
caller, recipient of the telephone call TELECOMMUNICATION, or any 1,620
other person engage in, any sexual activity as defined in
division (C) of section 2907.01 of the Revised Code, and the 1,622
recipient of the telephone call, or another person at the 1,623
premises to which the telephone call TELECOMMUNICATION is made, 1,624
has requested, in a previous telephone call TELECOMMUNICATION or 1,626
in the immediate telephone call TELECOMMUNICATION, the caller not 1,627
to make a telephone call TELECOMMUNICATION to the recipient of 1,628
the telephone call or to the premises to which the telephone call 1,629
TELECOMMUNICATION is made; 1,630
(3) During the telephone call TELECOMMUNICATION, violates 1,632
section 2903.21 of the Revised Code; 1,633
(4) Knowingly states to the recipient of the telephone 1,635
call TELECOMMUNICATION that the caller intends to cause damage to 1,636
or destroy public or private property, and the recipient of the 1,637
telephone call, any member of the RECIPIENT'S family of the 1,639
38
recipient of the telephone call, or any other person who resides 1,641
at the premises to which the telephone call TELECOMMUNICATION is 1,642
made owns, leases, resides, or works in, will at the time of the 1,644
destruction or damaging be near or in, has the responsibility of 1,645
protecting, or insures the property that will be destroyed or 1,646
damaged;
(5) Knowingly makes the telephone call TELECOMMUNICATION 1,648
to the recipient of the telephone call TELECOMMUNICATION, to 1,649
another person at the premises to which the telephone call 1,651
TELECOMMUNICATION is made, or to the THOSE premises to which the 1,652
telephone call is made, and the recipient of the telephone call, 1,653
or another person at the premises to which the telephone call is 1,654
made, previously has told the caller not to call MAKE A 1,655
TELECOMMUNICATION TO the premises to which the telephone call is 1,656
made or not to call any persons at the premises to which the 1,658
telephone call is made.
(B) No person shall make or cause to be made a telephone 1,660
call TELECOMMUNICATION, or permit a telephone call 1,661
TELECOMMUNICATION to be made from a telephone TELECOMMUNICATIONS 1,663
DEVICE under the person's control, with purpose to abuse, 1,664
threaten, annoy, or harass another person.
(C) Whoever violates this section is guilty of telephone 1,666
TELECOMMUNICATION harassment, a misdemeanor of the first degree 1,667
on a first offense and a felony of the fifth degree on each 1,669
subsequent offense involving the same person CALLER, recipient, 1,670
or premises.
(D) AS USED IN THIS SECTION: 1,672
(1) "CALLER" MEANS THE PERSON DESCRIBED IN DIVISION (A) OF 1,675
THIS SECTION WHO MAKES OR CAUSES TO BE MADE A TELECOMMUNICATION 1,676
OR WHO PERMITS A TELECOMMUNICATION TO BE MADE FROM A 1,677
TELECOMMUNICATIONS DEVICE UNDER THAT PERSON'S CONTROL. 1,678
(2) "TELECOMMUNICATION" AND "TELECOMMUNICATIONS DEVICE" 1,680
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 1,683
(3) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 1,685
39
2907.01 OF THE REVISED CODE. 1,687
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of 1,694
the Revised Code: 1,695
(A) "Beneficial interest" means any of the following: 1,697
(1) The interest of a person as a beneficiary under a 1,699
trust in which the trustee holds title to personal or real 1,700
property; 1,701
(2) The interest of a person as a beneficiary under any 1,703
other trust arrangement under which any other person holds title 1,704
to personal or real property for the benefit of such person; 1,705
(3) The interest of a person under any other form of 1,707
express fiduciary arrangement under which any other person holds 1,708
title to personal or real property for the benefit of such 1,709
person.
"Beneficial interest" does not include the interest of a 1,711
stockholder in a corporation or the interest of a partner in 1,712
either a general or limited partnership. 1,713
(B) "Costs of investigation and prosecution" and "costs of 1,715
investigation and litigation" mean all of the costs incurred by 1,716
the state or a county or municipal corporation under sections 1,717
2923.31 to 2923.36 of the Revised Code in the prosecution and 1,718
investigation of any criminal action or in the litigation and 1,719
investigation of any civil action, and includes, but is not 1,720
limited to, the costs of resources and personnel. 1,721
(C) "Enterprise" includes any individual, sole 1,723
proprietorship, partnership, limited partnership, corporation, 1,724
trust, union, government agency, or other legal entity, or any 1,725
organization, association, or group of persons associated in fact 1,726
although not a legal entity. "Enterprise" includes illicit as 1,727
well as licit enterprises. 1,728
(D) "Innocent person" includes any bona fide purchaser of 1,730
property that is allegedly involved in a violation of section 1,731
2923.32 of the Revised Code, including any person who establishes 1,732
a valid claim to or interest in the property in accordance with 1,733
40
division (E) of section 2923.32 of the Revised Code, and any 1,734
victim of an alleged violation of that section or of any 1,735
underlying offense involved in an alleged violation of that 1,736
section. 1,737
(E) "Pattern of corrupt activity" means two or more 1,739
incidents of corrupt activity, whether or not there has been a 1,740
prior conviction, that are related to the affairs of the same 1,741
enterprise, are not isolated, and are not so closely related to 1,742
each other and connected in time and place that they constitute a 1,743
single event. 1,744
At least one of the incidents forming the pattern shall 1,746
occur on or after January 1, 1986. Unless any incident was an 1,747
aggravated murder or murder, the last of the incidents forming 1,748
the pattern shall occur within six years after the commission of 1,749
any prior incident forming the pattern, excluding any period of 1,750
imprisonment served by any person engaging in the corrupt 1,751
activity. 1,752
For the purposes of the criminal penalties that may be 1,754
imposed pursuant to section 2923.32 of the Revised Code, at least 1,755
one of the incidents forming the pattern shall constitute a 1,756
felony under the laws of this state in existence at the time it 1,757
was committed or, if committed in violation of the laws of the 1,759
United States or of any other state, shall constitute a felony 1,760
under the law of the United States or the other state and would 1,761
be a criminal offense under the law of this state if committed in 1,762
this state.
(F) "Pecuniary value" means money, a negotiable 1,764
instrument, a commercial interest, or anything of value, as 1,765
defined in section 1.03 of the Revised Code, or any other 1,766
property or service that has a value in excess of one hundred 1,767
dollars. 1,768
(G) "Person" means any person, as defined in section 1.59 1,770
of the Revised Code, and any governmental officer, employee, or 1,771
entity. 1,772
41
(H) "Personal property" means any personal property, any 1,774
interest in personal property, or any right, including, but not 1,775
limited to, bank accounts, debts, corporate stocks, patents, or 1,776
copyrights. Personal property and any beneficial interest in 1,777
personal property are deemed to be located where the trustee of 1,778
the property, the personal property, or the instrument evidencing 1,779
the right is located. 1,780
(I) "Corrupt activity" means engaging in, attempting to 1,782
engage in, conspiring to engage in, or soliciting, coercing, or 1,783
intimidating another person to engage in any of the following: 1,784
(1) Conduct defined as "racketeering activity" under the 1,786
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. 1,787
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; 1,788
(2) Conduct constituting any of the following: 1,790
(a) A violation of section 1315.55, 1322.02, 2903.01, 1,792
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 1,793
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 1,794
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 1,795
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, 1,798
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division 1,799
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) 1,800
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of 1,801
section 1707.44; division (A)(1) or (2) of section 2923.20; 1,802
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or 1,803
4719.06; division (C), (D), or (E) of section 4719.07; section 1,804
4719.08; or division (A) of section 4719.09 of the Revised Code. 1,805
(b) Any violation of section 3769.11, 3769.15, 3769.16, or 1,807
3769.19 of the Revised Code as it existed prior to July 1, 1996, 1,808
any violation of section 2915.02 of the Revised Code that occurs 1,809
on or after July 1, 1996, and that, had it occurred prior to that 1,810
date, would have been a violation of section 3769.11 of the 1,811
Revised Code as it existed prior to that date, or any violation 1,812
of section 2915.05 of the Revised Code that occurs on or after 1,813
July 1, 1996, and that, had it occurred prior to that date, would 1,814
42
have been a violation of section 3769.15, 3769.16, or 3769.19 of 1,815
the Revised Code as it existed prior to that date. 1,816
(c) Any violation of section 2907.21, 2907.22, 2907.31, 1,818
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 1,819
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 1,820
of the Revised Code, any violation of section 2925.11 of the 1,821
Revised Code that is a felony of the first, second, third, or 1,822
fourth degree and that occurs on or after July 1, 1996, any 1,823
violation of section 2915.02 of the Revised Code that occurred 1,824
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had 1,825
it occurred prior to that date, would not have been a violation 1,827
of section 3769.11 of the Revised Code as it existed prior to 1,828
that date, any violation of section 2915.06 of the Revised Code
as it existed prior to July 1, 1996, or any violation of division 1,830
(B) of section 2915.05 of the Revised Code as it exists on and 1,831
after July 1, 1996, when the proceeds of the violation, the
payments made in the violation, the amount of a claim for payment 1,832
or for any other benefit that is false or deceptive and that is 1,833
involved in the violation, or the value of the contraband or 1,834
other property illegally possessed, sold, or purchased in the 1,835
violation exceeds five hundred dollars, or any combination of 1,836
violations described in division (I)(2)(c) of this section when 1,837
the total proceeds of the combination of violations, payments 1,838
made in the combination of violations, amount of the claims for 1,839
payment or for other benefits that is false or deceptive and that 1,840
is involved in the combination of violations, or value of the 1,841
contraband or other property illegally possessed, sold, or 1,842
purchased in the combination of violations exceeds five hundred 1,843
dollars;
(d) Any violation of section 5743.112 of the Revised Code 1,845
when the amount of unpaid tax exceeds one hundred dollars; 1,846
(e) Any violation or combination of violations of section 1,848
2907.32 of the Revised Code involving any material or performance 1,849
43
containing a display of bestiality or of sexual conduct, as 1,850
defined in section 2907.01 of the Revised Code, that is explicit 1,851
and depicted with clearly visible penetration of the genitals or 1,852
clearly visible penetration by the penis of any orifice when the 1,853
total proceeds of the violation or combination of violations, the 1,854
payments made in the violation or combination of violations, or 1,855
the value of the contraband or other property illegally 1,856
possessed, sold, or purchased in the violation or combination of 1,857
violations exceeds five hundred dollars; 1,858
(f) Any combination of violations described in division 1,860
(I)(2)(c) of this section and violations of section 2907.32 of 1,862
the Revised Code involving any material or performance containing 1,863
a display of bestiality or of sexual conduct, as defined in 1,864
section 2907.01 of the Revised Code, that is explicit and 1,865
depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the 1,866
total proceeds of the combination of violations, payments made in 1,867
the combination of violations, amount of the claims for payment 1,868
or for other benefits that is false or deceptive and that is 1,869
involved in the combination of violations, or value of the 1,870
contraband or other property illegally possessed, sold, or 1,871
purchased in the combination of violations exceeds five hundred 1,872
dollars. 1,873
(3) Conduct constituting a violation of any law of any 1,875
state other than this state that is substantially similar to the 1,876
conduct described in division (I)(2) of this section, provided 1,877
the defendant was convicted of the conduct in a criminal 1,878
proceeding in the other state. 1,879
(J) "Real property" means any real property or any 1,881
interest in real property, including, but not limited to, any 1,882
lease of, or mortgage upon, real property. Real property and any 1,883
beneficial interest in it is deemed to be located where the real 1,884
property is located. 1,885
(K) "Trustee" means any of the following: 1,887
44
(1) Any person acting as trustee under a trust in which 1,889
the trustee holds title to personal or real property; 1,890
(2) Any person who holds title to personal or real 1,892
property for which any other person has a beneficial interest; 1,893
(3) Any successor trustee. 1,895
"Trustee" does not include an assignee or trustee for an 1,897
insolvent debtor or an executor, administrator, administrator 1,898
with the will annexed, testamentary trustee, guardian, or 1,899
committee, appointed by, under the control of, or accountable to 1,901
a court.
(L) "Unlawful debt" means any money or other thing of 1,903
value constituting principal or interest of a debt that is 1,904
legally unenforceable in this state in whole or in part because 1,905
the debt was incurred or contracted in violation of any federal 1,906
or state law relating to the business of gambling activity or 1,907
relating to the business of lending money at an usurious rate 1,908
unless the creditor proves, by a preponderance of the evidence, 1,909
that the usurious rate was not intentionally set and that it 1,910
resulted from a good faith error by the creditor, notwithstanding 1,911
the maintenance of procedures that were adopted by the creditor 1,912
to avoid an error of that nature. 1,913
Section 2. That existing sections 2901.01, 2901.11, 1,915
2901.12, 2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 1,916
2913.01, 2913.04, 2913.42, 2913.61, 2917.21, and 2923.31 of the 1,918
Revised Code are hereby repealed.