As Passed by the House 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 565 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-WISE-KASPUTIS-BUCHY-AMSTUTZ-GARCIA- 8
REID-PADGETT-GRENDELL-ROMAN-SCHULER-COLONNA-VERICH-LOGAN- 9
SCHURING-PERZ-VESPER-CAREY-ALLEN-WILLAMOWSKI-HOUSEHOLDER- 10
TAYLOR-OGG-MASON-CORE-BRADING-TAVARES-HEALY 11
13
A B I L L
To amend sections 2901.01, 2901.11, 2901.12, 15
2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 16
2907.323, 2913.01, 2913.04, 2913.42, 2913.61, 17
2917.21, and 2923.31 and to enact sections 19
2907.324, 2913.05, 2913.06, and 2913.07 of the 20
Revised Code relative to computer and 22
telecommunications offenses. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2901.01, 2901.11, 2901.12, 29
2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2913.01, 30
2913.04, 2913.42, 2913.61, 2917.21, and 2923.31 be amended and 32
sections 2907.324, 2913.05, 2913.06, and 2913.07 of the Revised
Code be enacted to read as follows: 34
Sec. 2901.01. (A) As used in the Revised Code: 43
(1) "Force" means any violence, compulsion, or constraint 45
physically exerted by any means upon or against a person or 46
thing. 47
(2) "Deadly force" means any force that carries a 49
substantial risk that it will proximately result in the death of 50
any person. 51
(3) "Physical harm to persons" means any injury, illness, 53
or other physiological impairment, regardless of its gravity or 54
duration. 55
2
(4) "Physical harm to property" means any tangible or 57
intangible damage to property that, in any degree, results in 58
loss to its value or interferes with its use or enjoyment. 59
"Physical harm to property" does not include wear and tear 60
occasioned by normal use. 61
(5) "Serious physical harm to persons" means any of the 63
following: 64
(a) Any mental illness or condition of such gravity as 66
would normally require hospitalization or prolonged psychiatric 67
treatment; 68
(b) Any physical harm that carries a substantial risk of 70
death; 71
(c) Any physical harm that involves some permanent 73
incapacity, whether partial or total, or that involves some 74
temporary, substantial incapacity; 75
(d) Any physical harm that involves some permanent 77
disfigurement, or that involves some temporary, serious 78
disfigurement; 79
(e) Any physical harm that involves acute pain of such 81
duration as to result in substantial suffering, or that involves 82
any degree of prolonged or intractable pain. 83
(6) "Serious physical harm to property" means any physical 85
harm to property that does either of the following: 86
(a) Results in substantial loss to the value of the 88
property, or requires a substantial amount of time, effort, or 89
money to repair or replace; 90
(b) Temporarily prevents the use or enjoyment of the 92
property, or substantially interferes with its use or enjoyment 93
for an extended period of time. 94
(7) "Risk" means a significant possibility, as contrasted 96
with a remote possibility, that a certain result may occur or 97
that certain circumstances may exist. 98
(8) "Substantial risk" means a strong possibility, as 100
contrasted with a remote or significant possibility, that a 101
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certain result may occur or that certain circumstances may exist. 102
(9) "Offense of violence" means any of the following: 104
(a) A violation of section 2903.01, 2903.02, 2903.03, 106
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 107
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 108
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 109
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 110
division (A)(1), (2), or (3) of section 2911.12 of the Revised 111
Code or felonious sexual penetration in violation of former 112
section 2907.12 of the Revised Code; 113
(b) A violation of an existing or former municipal 115
ordinance or law of this or any other state or the United States, 116
substantially equivalent to any section or, division, or offense 118
listed in division (A)(9)(a) of this section; 119
(c) An offense, other than a traffic offense, under an 121
existing or former municipal ordinance or law of this or any 122
other state or the United States, committed purposely or 123
knowingly, and involving physical harm to persons or a risk of 124
serious physical harm to persons; 125
(d) A conspiracy or attempt to commit, or complicity in 127
committing, any offense under division (A)(9)(a), (b), or (c) of 129
this section.
(10)(a) "Property" means any property, real or personal, 132
tangible or intangible, and any interest or license in that 133
property. "Property" includes, but is not limited to, cable
television service, computer OTHER TELECOMMUNICATIONS SERVICE, 135
TELECOMMUNICATIONS DEVICES, COMPUTERS, data, computer software, 136
financial instruments associated with computers, and other 137
documents associated with computers, or copies of the documents, 138
whether in machine or human readable form, TRADE SECRETS, 139
TRADEMARKS, COPYRIGHTS, PATENTS, AND PROPERTY PROTECTED BY A 140
TRADEMARK, COPYRIGHT, OR PATENT. "Financial instruments 141
associated with computers" include, but are not limited to, 142
checks, drafts, warrants, money orders, notes of indebtedness, 143
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certificates of deposit, letters of credit, bills of credit or 144
debit cards, financial transaction authorization mechanisms, 145
marketable securities, or any computer system representations of 146
any of them. 147
(b) As used in this division and division (A)(10) OF THIS 150
SECTION, "TRADE SECRET" HAS THE SAME MEANING AS IN SECTION
1333.61 OF THE REVISED CODE, AND "TELECOMMUNICATIONS SERVICE" HAS 151
THE SAME MEANING AS IN SECTION 2913.01 OF THE REVISED CODE. 152
(c) AS USED IN DIVISIONS (A)(10) AND (13) of this section, 155
"cable television service," "computer," "computer software," 156
"computer system," "computer network," and "data," AND 157
"TELECOMMUNICATIONS DEVICE" have the same meaning MEANINGS as in 158
section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 160
(a) A sheriff, deputy sheriff, constable, police officer 162
of a township or joint township police district, marshal, deputy 163
marshal, municipal police officer, member of a police force 164
employed by a metropolitan housing authority under division (D) 165
of section 3735.31 of the Revised Code, or state highway patrol 166
trooper; 167
(b) An officer, agent, or employee of the state or any of 169
its agencies, instrumentalities, or political subdivisions, upon 170
whom, by statute, a duty to conserve the peace or to enforce all 171
or certain laws is imposed and the authority to arrest violators 172
is conferred, within the limits of that statutory duty and 173
authority; 174
(c) A mayor, in the mayor's capacity as chief conservator 176
of the peace within the mayor's municipal corporation; 177
(d) A member of an auxiliary police force organized by 179
county, township, or municipal law enforcement authorities, 180
within the scope of the member's appointment or commission; 181
(e) A person lawfully called pursuant to section 311.07 of 183
the Revised Code to aid a sheriff in keeping the peace, for the 184
purposes and during the time when the person is called; 185
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(f) A person appointed by a mayor pursuant to section 187
737.01 of the Revised Code as a special patrolling officer during 189
riot or emergency, for the purposes and during the time when the 190
person is appointed;
(g) A member of the organized militia of this state or the 192
armed forces of the United States, lawfully called to duty to aid 193
civil authorities in keeping the peace or protect against 194
domestic violence; 195
(h) A prosecuting attorney, assistant prosecuting 197
attorney, secret service officer, or municipal prosecutor; 198
(i) An Ohio veterans' home police officer appointed under 200
section 5907.02 of the Revised Code; 201
(j) A member of a police force employed by a regional 203
transit authority under division (Y) of section 306.35 of the 204
Revised Code.
(12) "Privilege" means an immunity, license, or right 206
conferred by law, bestowed by express or implied grant, arising 208
out of status, position, office, or relationship, or growing out 209
of necessity.
(13) "Contraband" means any property described in the 211
following categories: 212
(a) Property that in and of itself is unlawful for a 214
person to acquire or possess; 215
(b) Property that is not in and of itself unlawful for a 217
person to acquire or possess, but that has been determined by a 218
court of this state, in accordance with law, to be contraband 219
because of its use in an unlawful activity or manner, of its 220
nature, or of the circumstances of the person who acquires or 221
possesses it, including, but not limited to, goods and personal 222
property described in division (D) of section 2913.34 of the 223
Revised Code;
(c) Property that is specifically stated to be contraband 225
by a section of the Revised Code or by an ordinance, regulation, 226
or resolution; 227
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(d) Property that is forfeitable pursuant to a section of 229
the Revised Code, or an ordinance, regulation, or resolution, 230
including, but not limited to, forfeitable firearms, dangerous 231
ordnance, obscene materials, and goods and personal property 233
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 235
3719.01 of the Revised Code, or any device, paraphernalia, money 236
as defined in section 1301.01 of the Revised Code, or other means 237
of exchange that has been, is being, or is intended to be used in 238
an attempt or conspiracy to violate, or in a violation of, 239
Chapter 2925. or 3719. of the Revised Code; 240
(f) Any gambling device, paraphernalia, money as defined 242
in section 1301.01 of the Revised Code, or other means of 243
exchange that has been, is being, or is intended to be used in an 244
attempt or conspiracy to violate, or in the violation of, Chapter 245
2915. of the Revised Code; 246
(g) Any equipment, machine, device, apparatus, vehicle, 248
vessel, container, liquid, or substance that has been, is being, 249
or is intended to be used in an attempt or conspiracy to violate, 250
or in the violation of, any law of this state relating to alcohol 251
or tobacco; 252
(h) Any personal property that has been, is being, or is 254
intended to be used in an attempt or conspiracy to commit, or in 255
the commission of, any offense or in the transportation of the 256
fruits of any offense; 257
(i) Any property that is acquired through the sale or 259
other transfer of contraband or through the proceeds of 260
contraband, other than by a court or a law enforcement agency 261
acting within the scope of its duties; 262
(j) Any computer, computer system, computer network, or 264
computer software, OR OTHER TELECOMMUNICATIONS DEVICE that is 265
used in a conspiracy to commit, an attempt to commit, or in the 267
commission of any offense, if the owner of the computer, computer 268
system, computer network, or computer software, OR OTHER 269
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TELECOMMUNICATIONS DEVICE is convicted of or pleads guilty to the 270
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 272
relative to a charge of an offense only if the person proves, in 273
the manner specified in section 2901.05 of the Revised Code, that 274
at the time of the commission of the offense, the person did not 275
know, as a result of a severe mental disease or defect, the 276
wrongfulness of the person's acts. 277
(B)(1)(a) Subject to division (B)(2) of this section, as 280
used in any section contained in Title XXIX of the Revised Code 281
that sets forth a criminal offense, "person" includes all of the 282
following:
(i) An individual, corporation, business trust, estate, 284
trust, partnership, and association; 285
(ii) An unborn human who is viable. 287
(b) As used in any section contained in Title XXIX of the 290
Revised Code that does not set forth a criminal offense, "person" 291
includes an individual, corporation, business trust, estate, 292
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 294
(i) "Unborn human" means an individual organism of the 296
species homo sapiens from fertilization until live birth. 297
(ii) "Viable" means the stage of development of a human 300
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 301
temporary artificial life-sustaining support. 302
(2) Notwithstanding division (B)(1)(a) of this section, in 304
no case shall the portion of the definition of the term "person" 305
that is set forth in division (B)(1)(a)(ii) of this section be 306
applied or construed in any section contained in Title XXIX of 307
the Revised Code that sets forth a criminal offense in any of the 308
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 310
this section, in a manner so that the offense prohibits or is 311
8
construed as prohibiting any pregnant woman or her physician from 312
performing an abortion with the consent of the pregnant woman, 313
with the consent of the pregnant woman implied by law in a 314
medical emergency, or with the approval of one otherwise 315
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 316
described in the immediately preceding sentence may be punished 317
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 318
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 319
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 320
An abortion that does not violate the conditions described in the 321
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 322
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 323
as a violation of section 2919.12, division (B) of section 324
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 325
Code, as applicable. Consent is sufficient under this division 326
if it is of the type otherwise adequate to permit medical 327
treatment to the pregnant woman, even if it does not comply with 328
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 331
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 332
results in any of the following: 333
(i) Her delivery of a stillborn baby; 335
(ii) Her causing, in any other manner, the death in utero 338
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 341
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 342
(iv) Her causing her child who is born alive to sustain 345
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 348
cause, in any other manner, an injury, illness, or other
9
physiological impairment, regardless of its duration or gravity, 349
or a mental illness or condition, regardless of its duration or 350
gravity, to a viable, unborn human that she is carrying. 351
Sec. 2901.11. (A) A person is subject to criminal 360
prosecution and punishment in this state if any of the following 361
occur: 362
(1) He THE PERSON commits an offense under the laws of 364
this state, any element of which takes place in this state;. 365
(2) While in this state, he THE PERSON conspires or 367
attempts to commit, or is guilty of complicity in the commission 368
of, an offense in another jurisdiction, which offense is an 369
offense under both the laws of this state and such THE other 370
jurisdiction;. 371
(3) While out of this state, he THE PERSON conspires or 373
attempts to commit, or is guilty of complicity in the commission 374
of, an offense in this state;. 375
(4) While out of this state, he THE PERSON omits to 377
perform a legal duty imposed by the laws of this state, which 379
omission affects a legitimate interest of the state in 380
protecting, governing, or regulating any person, property, thing, 381
transaction, or activity in this state;. 382
(5) While out of this state, he THE PERSON unlawfully 384
takes or retains property and subsequently brings any of such THE 385
UNLAWFULLY TAKEN OR RETAINED property into this state;. 386
(6) While out of this state, he THE PERSON unlawfully 388
takes or entices another and subsequently brings such THE other 389
person into this state. 390
(7) THE PERSON, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 393
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 394
OR TELECOMMUNICATIONS SERVICE, CAUSES OR KNOWINGLY PERMITS ANY 395
WRITING, DATA, IMAGE, OR OTHER TELECOMMUNICATION TO BE 396
DISSEMINATED OR TRANSMITTED INTO THIS STATE IN VIOLATION OF THE 397
LAW OF THIS STATE.
(B) In homicide, the element referred to in division 399
10
(A)(1) of this section is either the act which THAT causes death, 401
or the physical contact which THAT causes death, or the death 402
itself. If any part of the body of a homicide victim is found in 404
this state, the death is presumed to have occurred within this 405
state.
(C)(1) This state includes the land and water within its 407
boundaries and the air space above that land and water, with 408
respect to which this state has either exclusive or concurrent 409
legislative jurisdiction. Where the boundary between this state 410
and another state or foreign country is disputed, the disputed 411
territory is conclusively presumed to be within this state for 412
purposes of this section. 413
(2) The courts of common pleas of Adams, Athens, Belmont, 415
Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, 416
Lawrence, Meigs, Monroe, Scioto, and Washington counties have 417
jurisdiction beyond the north or northwest shore of the Ohio 418
river extending to the opposite shore line, between the extended 419
boundary lines of any adjacent counties or adjacent state. Each 420
of those courts of common pleas has concurrent jurisdiction on 421
the Ohio river with any adjacent court of common pleas that 422
borders on that river and with any court of Kentucky or of West 423
Virginia that borders on the Ohio river and that has jurisdiction 424
on the Ohio river under the law of Kentucky or the law of West 425
Virginia, whichever is applicable, or under federal law. 426
(D) When an offense is committed under the laws of this 428
state, and it appears beyond a reasonable doubt that the offense 429
or any element thereof OF THE OFFENSE took place either in Ohio 431
THIS STATE or in another jurisdiction or jurisdictions, but it 432
cannot reasonably be determined in which it took place, such THE 433
offense or element is conclusively presumed to have taken place 435
in this state for purposes of this section. 436
(E) AS USED IN THIS SECTION, "COMPUTER," "COMPUTER 438
SYSTEM," "COMPUTER NETWORK," "TELECOMMUNICATION," 439
"TELECOMMUNICATIONS DEVICE," "TELECOMMUNICATIONS SERVICE," 440
11
"DATA," AND "WRITING" HAVE THE SAME MEANINGS AS IN SECTION 441
2913.01 OF THE REVISED CODE.
Sec. 2901.12. (A) The trial of a criminal case in this 450
state shall be held in a court having jurisdiction of the subject 451
matter, and in the territory of which the offense or any element 452
of the offense was committed. 453
(B) When the offense or any element of the offense was 455
committed in an aircraft, motor vehicle, train, watercraft, or 456
other vehicle, in transit, and it cannot reasonably be determined 457
in which jurisdiction the offense was committed, the offender may 458
be tried in any jurisdiction through which the aircraft, motor 459
vehicle, train, watercraft, or other vehicle passed. 460
(C) When the offense involved the unlawful taking or 462
receiving of property or the unlawful taking or enticing of 463
another, the offender may be tried in any jurisdiction from which 464
or into which the property or victim was taken, received, or 465
enticed. 466
(D) When the offense is conspiracy, attempt, or complicity 468
cognizable under division (A)(2) of section 2901.11 of the 469
Revised Code, the offender may be tried in any jurisdiction in 470
which the conspiracy, attempt, complicity, or any of its elements 471
occurred. 472
(E) When the offense is conspiracy or attempt cognizable 474
under division (A)(3) of section 2901.11 of the Revised Code, the 475
offender may be tried in any jurisdiction in which the offense 476
that was the object of the conspiracy or attempt, or any element 477
thereof OF THAT OFFENSE, was intended to or could have taken 478
place. When the offense is complicity cognizable under division 480
(A)(3) of section 2901.11 of the Revised Code, the offender may 481
be tried in any jurisdiction in which the principal offender may 482
be tried.
(F) When an offense is considered to have been committed 484
in this state while the offender was out of this state, and the 485
jurisdiction in this state in which the offense or any material 486
12
element of the offense was committed is not reasonably 487
ascertainable, the offender may be tried in any jurisdiction in 488
which the offense or element reasonably could have been 489
committed. 490
(G) When it appears beyond a reasonable doubt that an 492
offense or any element of an offense was committed in any of two 493
or more jurisdictions, but it cannot reasonably be determined in 494
which jurisdiction the offense or element was committed, the 495
offender may be tried in any such jurisdiction OF THOSE 496
JURISDICTIONS. 497
(H) When an offender, as part of a course of criminal 499
conduct, commits offenses in different jurisdictions, he THE 500
OFFENDER may be tried for all of those offenses in any 502
jurisdiction in which one of those offenses or any element of one 503
of those offenses occurred. Without limitation on the evidence 504
that may be used to establish such THE course of criminal 505
conduct, any of the following is prima-facie evidence of a course 506
of criminal conduct:
(1) The offenses involved the same victim, or victims of 508
the same type or from the same group. 509
(2) The offenses were committed by the offender in his THE 511
OFFENDER'S same employment, or capacity, or relationship to 513
another.
(3) The offenses were committed as part of the same 515
transaction or chain of events, or in furtherance of the same 516
purpose or objective. 517
(4) The offenses were committed in furtherance of the same 519
conspiracy. 520
(5) The offenses involved the same or a similar modus 522
operandi. 523
(6) The offenses were committed along the offender's line 525
of travel in this state, regardless of his THE OFFENDER'S point 526
of origin or destination. 528
(I)(1) When the offense involves a computer, computer 530
13
system, or computer network, TELECOMMUNICATION, 531
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE, the 532
offender may be tried in any jurisdiction containing any location 533
of the computer, computer system, or computer network of the 534
victim of the offense, IN ANY JURISDICTION FROM WHICH OR INTO 535
WHICH, AS PART OF THE OFFENSE, ANY WRITING, DATA, OR IMAGE IS 536
DISSEMINATED OR TRANSMITTED BY MEANS OF A COMPUTER, COMPUTER 537
SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS 538
DEVICE, OR TELECOMMUNICATIONS SERVICE, or IN any jurisdiction in 540
which the alleged offender commits any activity that is an 541
essential part of the offense.
(2) As used in this section, "computer," "computer 543
system," and "computer network," "TELECOMMUNICATION," 544
"TELECOMMUNICATIONS DEVICE," "TELECOMMUNICATIONS SERVICE," 545
"DATA," AND "WRITING" have the same meaning MEANINGS as in 548
section 2913.01 of the Revised Code.
(J) When the offense involves the death of a person, and 550
it cannot reasonably be determined in which jurisdiction the 551
offense was committed, the offender may be tried in the 552
jurisdiction in which the dead person's body or any part of the 553
dead person's body was found. 554
(K) Notwithstanding any other requirement for the place of 556
trial, venue may be changed, upon motion of the prosecution, the 557
defense, or the court, to any court having jurisdiction of the 558
subject matter outside the county in which trial otherwise would 559
be held, when it appears that a fair and impartial trial cannot 560
be held in the jurisdiction in which trial otherwise would be 561
held, or when it appears that trial should be held in another 562
jurisdiction for the convenience of the parties and in the 563
interests of justice. 564
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of 573
the Revised Code, UNLESS THE CONTEXT REQUIRES THAT A TERM BE 574
GIVEN A DIFFERENT MEANING: 575
(A) "Sexual conduct" means vaginal intercourse between a 577
14
male and female; anal intercourse, fellatio, and cunnilingus 579
between persons regardless of sex; and, without privilege to do 580
so, the insertion, however slight, of any part of the body or any 581
instrument, apparatus, or other object into the vaginal or anal 583
cavity of another. Penetration, however slight, is sufficient to 584
complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous 586
zone of another, including without limitation, BUT NOT LIMITED 588
TO, the thigh, genitals, buttock, pubic region, or, if the person 589
is a female, a breast, for the purpose of sexually arousing or 590
gratifying either person. 591
(C) "Sexual activity" means sexual conduct or sexual 593
contact, or both. 594
(D) "Prostitute" means a male or female who promiscuously 596
engages in sexual activity for hire, regardless of whether the 597
hire is paid to the prostitute or to another. 598
(E) Any material or performance is "harmful to juveniles," 600
if it is offensive to prevailing standards in the adult community 601
with respect to what is suitable for juveniles, and if any of the 602
following apply: 603
(1) It tends to appeal to the prurient interest of 605
juveniles;. 606
(2) It contains a display, description, or representation 608
of sexual activity, masturbation, sexual excitement, or nudity;. 609
(3) It contains a display, description, or representation 611
of bestiality or extreme or bizarre violence, cruelty, or 612
brutality;. 613
(4) It contains a display, description, or representation 615
of human bodily functions of elimination;. 616
(5) It makes repeated use of foul language;. 618
(6) It contains a display, description, or representation 620
in lurid detail of the violent physical torture, dismemberment, 621
destruction, or death of a human being;. 622
(7) It contains a display, description, or representation 624
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of criminal activity that tends to glorify or glamorize the 625
activity, and that, with respect to juveniles, has a dominant 626
tendency to corrupt. 627
(F) When considered as a whole, and judged with reference 629
to ordinary adults or, if it is designed for sexual deviates or 630
other specially susceptible group, judged with reference to that 631
group, any material or performance is "obscene" if any of the 632
following apply: 633
(1) Its dominant appeal is to prurient interest;. 635
(2) Its dominant tendency is to arouse lust by displaying 637
or depicting sexual activity, masturbation, sexual excitement, or 638
nudity in a way that tends to represent human beings as mere 639
objects of sexual appetite;. 640
(3) Its dominant tendency is to arouse lust by displaying 642
or depicting bestiality or extreme or bizarre violence, cruelty, 643
or brutality;. 644
(4) Its dominant tendency is to appeal to scatological 646
interest by displaying or depicting human bodily functions of 647
elimination in a way that inspires disgust or revulsion in 648
persons with ordinary sensibilities, without serving any genuine 649
scientific, educational, sociological, moral, or artistic 651
purpose;.
(5) It contains a series of displays or descriptions of 653
sexual activity, masturbation, sexual excitement, nudity, 654
bestiality, extreme or bizarre violence, cruelty, or brutality, 655
or human bodily functions of elimination, the cumulative effect 656
of which is a dominant tendency to appeal to prurient or 657
scatological interest, when the appeal to such an interest OF 658
THAT NATURE is primarily for its own sake or for commercial 660
exploitation, rather than primarily for a genuine scientific, 661
educational, sociological, moral, or artistic purpose. 662
(G) "Sexual excitement" means the condition of human male 664
or female genitals when in a state of sexual stimulation or 665
arousal. 666
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(H) "Nudity" means the showing, representation, or 668
depiction of human male or female genitals, pubic area, or 669
buttocks with less than a full, opaque covering, or of a female 670
breast with less than a full, opaque covering of any portion 671
thereof OF THE BREAST below the top of the nipple, or of covered 672
male genitals in a discernibly turgid state. 674
(I) "Juvenile" means an unmarried person under the age of 676
eighteen. 677
(J)(1) "Material" means any OF THE FOLLOWING: 679
(a) A book, magazine, newspaper, pamphlet, poster, print, 682
picture, figure, image, GRAPHIC, description, motion picture 683
film, phonographic record, or tape, or other UNDEVELOPED FILM, OR 685
NEGATIVE;
(b) DATA THAT IS STORED ON COMPUTER DISK OR BY OTHER 688
ELECTRONIC MEANS AND THAT IS CAPABLE OF BEING CONVERTED INTO A 689
VISUAL IMAGE;
(c) A PICTORIAL REPRESENTATION PRODUCED OR RECORDED BY ANY 692
MECHANICAL, CHEMICAL, PHOTOGRAPHIC, OR ELECTRICAL MEANS; 693
(d) A tangible thing NOT LISTED IN DIVISION (J)(1)(a), 697
(b), OR (c) OF THIS SECTION THAT IS capable of arousing interest 698
through sight, sound, or touch. 699
(2) "MATERIAL" INCLUDES ANY DATA THAT IS STORED ON, OR 702
DISSEMINATED OR TRANSMITTED BY, COMPUTER DISK OR OTHER ELECTRONIC 703
MEANS AND THAT IS CAPABLE OF BEING CONVERTED INTO ANY OF THE 704
ITEMS LISTED IN DIVISION (J)(1)(a), (b), (c), OR (d) OF THIS 706
SECTION. 707
(K) "Performance" means any motion picture, preview, 709
trailer, play, show, skit, dance, or other exhibition performed 710
before an audience. 711
(L) "Spouse" means a person married to an offender at the 713
time of an alleged offense, except that such A person OF THAT 714
NATURE shall not be considered the spouse when any of the 716
following apply APPLIES:
(1) When the parties have entered into a written 718
17
separation agreement authorized by section 3103.06 of the Revised 719
Code; 720
(2) During the pendency of an action between the parties 722
for annulment, divorce, dissolution of marriage, or legal 723
separation; 724
(3) In the case of an action for legal separation, after 726
the effective date of the judgment for legal separation. 727
(M) "Minor" means a person under the age of eighteen. 729
(N) "COMPUTER," "COMPUTER SYSTEM," "COMPUTER NETWORK," 732
"TELECOMMUNICATION," "TELECOMMUNICATIONS DEVICE,"
"TELECOMMUNICATIONS SERVICE," AND "DATA" HAVE THE SAME MEANINGS 734
AS IN SECTION 2913.01 OF THE REVISED CODE.
Sec. 2907.31. (A)(1) No person, with knowledge of its 743
character or content, shall recklessly do any of the following: 744
(1)(a) Sell, deliver, furnish, disseminate, provide, 746
exhibit, OR rent, TO A JUVENILE or DIRECTLY present to a SPECIFIC 748
juvenile OR GROUP OF JUVENILES, AS OPPOSED TO PRESENT TO THE 749
GENERAL PUBLIC, any material or performance that is obscene or 750
harmful to juveniles;
(2)(b) Offer or agree to sell, deliver, furnish, 752
disseminate, provide, exhibit, OR rent, TO A JUVENILE or DIRECTLY 754
present to a SPECIFIC juvenile OR GROUP OF JUVENILES, AS OPPOSED 755
TO PRESENT TO THE GENERAL PUBLIC, any material or performance 757
that is obscene or harmful to juveniles;
(3)(c) Allow any juvenile to review or peruse any material 759
or view any live performance that is harmful to juveniles. 760
(2) NO PERSON, WITH KNOWLEDGE OF ITS CHARACTER OR CONTENT, 762
SHALL PURPOSEFULLY DISSEMINATE OR TRANSMIT, OR OFFER OR AGREE TO 763
DISSEMINATE OR TRANSMIT, DIRECTLY TO A SPECIFIC JUVENILE OR GROUP 764
OF JUVENILES, AS OPPOSED TO DISSEMINATE, TRANSMIT, OR OFFER OR 765
AGREE TO DISSEMINATE OR TRANSMIT TO THE GENERAL PUBLIC, BY MEANS 766
OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK,
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 767
TELECOMMUNICATIONS SERVICE, ANY MATERIAL OR PERFORMANCE THAT IS 768
18
OBSCENE OR HARMFUL TO JUVENILES.
(B) The following are affirmative defenses to a charge 770
under this section that involves material or a performance that 771
is harmful to juveniles but not obscene: 772
(1) The defendant is the parent, guardian, or spouse of 774
the juvenile involved. 775
(2) The juvenile involved, at the time of the conduct in 777
question, was accompanied by the juvenile's parent or guardian 778
who, with knowledge of its character, consented to the material 780
or performance being furnished or presented to the juvenile. 781
(3) The juvenile exhibited to the defendant or to the 783
defendant's agent or employee a draft card, driver's license, 785
birth record, marriage license, or other official or apparently 786
official document purporting to show that the juvenile was 787
eighteen years of age or over or married, and the person to whom 788
that document was exhibited did not otherwise have reasonable 789
cause to believe that the juvenile was under the age of eighteen 790
and unmarried.
(C)(1) It is an affirmative defense to a charge under this 792
section, involving material or a performance that is obscene or 793
harmful to juveniles, that the material or performance was 794
furnished or presented for a bona fide medical, scientific, 795
educational, governmental, judicial, or other proper purpose, by 796
a physician, psychologist, sociologist, scientist, teacher, 797
librarian, clergyman CLERIC, prosecutor, judge, or other proper 798
person. 799
(2) Except as provided in division (B)(3) of this section, 801
mistake of age is not a defense to a charge under this section. 802
(D) Whoever violates this section is guilty of 804
disseminating matter harmful to juveniles. If the material or 805
performance involved is harmful to juveniles, except as otherwise 807
provided in this division, a violation of this section is a 808
misdemeanor of the first degree. If the material or performance 809
involved is obscene, except as otherwise provided in this 810
19
division, a violation of this section is a felony of the fifth 811
degree. If the material or performance involved is obscene and 812
the juvenile to whom it is sold, delivered, furnished, 813
disseminated, provided, exhibited, rented, or presented, OR 814
TRANSMITTED, the juvenile to whom the offer is made or who is the 815
subject of the agreement, or the juvenile who is allowed to 816
review, peruse, or view it is under thirteen years of age, 817
violation of this section is a felony of the fourth degree. 818
Sec. 2907.32. (A) No person, with knowledge of the 827
character of the material or performance involved, shall do any 828
of the following: 829
(1) Create, reproduce, or publish any obscene material, 831
when the offender knows that the material is to be used for 832
commercial exploitation or will be publicly disseminated or 833
displayed, or when the offender is reckless in that regard; 834
(2) Promote or advertise for sale, delivery, or 836
dissemination; sell, deliver, publicly disseminate, publicly 837
display, exhibit, present, rent, or provide; DISSEMINATE or 838
TRANSMIT BY MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER 840
NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 841
TELECOMMUNICATIONS SERVICE; offer or agree to sell, deliver, 842
publicly disseminate, publicly display, exhibit, present, rent, 843
or provide; OR OFFER OR AGREE TO DISSEMINATE OR TRANSMIT BY MEANS 844
OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, 845
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 846
TELECOMMUNICATIONS SERVICE, any obscene material; 847
(3) Create, direct, or produce an obscene performance, 849
when the offender knows that it is to be used for commercial 850
exploitation or will be publicly presented, or when the offender 851
is reckless in that regard; 852
(4) Advertise or promote an obscene performance for 854
presentation, or present or participate in presenting an obscene 855
performance, when the performance is presented publicly, or when 856
admission is charged; 857
20
(5) Buy, procure, possess, or control any obscene material 859
with purpose to violate division (A)(2) or (4) of this section. 860
(B) It is an affirmative defense to a charge under this 862
section, that the material or performance involved was 863
disseminated or presented for a bona fide medical, scientific, 864
educational, religious, governmental, judicial, or other proper 865
purpose, by or to a physician, psychologist, sociologist, 866
scientist, teacher, person pursuing bona fide studies or 867
research, librarian, clergyman CLERIC, prosecutor, judge, or 868
other person having a proper interest in the material or 870
performance.
(C) Whoever violates this section is guilty of pandering 872
obscenity, a felony of the fifth degree. If the offender 874
previously has been convicted of a violation of this section or 875
of section 2907.31 of the Revised Code, then pandering obscenity 876
is a felony of the fourth degree. 877
Sec. 2907.321. (A) No person, with knowledge of the 886
character of the material or performance involved, shall do any 887
of the following: 888
(1) Create, reproduce, or publish any obscene material 890
that has a minor as one of its participants or portrayed 891
observers; 892
(2) Promote or advertise for sale, DELIVERY, or 894
dissemination; sell, deliver, disseminate, display, exhibit, 896
present, rent, or provide; or offer or agree to sell, deliver, 897
disseminate, display, exhibit, present, rent, or provide; OR 898
DISSEMINATE, TRANSMIT, RECEIVE, OR OFFER OR AGREE TO DISSEMINATE, 900
TRANSMIT, OR RECEIVE BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 902
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE,
OR TELECOMMUNICATIONS SERVICE, any obscene material that has a 904
minor as one of its participants or portrayed observers; 905
(3) Create, direct, or produce an obscene performance that 907
has a minor as one of its participants; 908
(4) Advertise or promote for presentation, present, or 910
21
participate in presenting an obscene performance that has a minor 911
as one of its participants; 912
(5) Buy, procure, possess, or control any obscene 915
material, that has a minor as one of its participants;
(6) Bring or cause to be brought into this state any 917
obscene material that has a minor as one of its participants or 918
portrayed observers; 919
(7) CREATE, REPRODUCE, OR PUBLISH; PROMOTE OR ADVERTISE 922
FOR SALE, DELIVERY, OR DISSEMINATION; SELL, DELIVER, DISSEMINATE, 923
DISPLAY, EXHIBIT, PRESENT, RENT, OR PROVIDE; OFFER OR AGREE TO 924
SELL, DELIVER, DISSEMINATE, DISPLAY, EXHIBIT, PRESENT, RENT, OR 925
PROVIDE; DISSEMINATE OR TRANSMIT, OR OFFER OR AGREE TO
DISSEMINATE OR TRANSMIT, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 926
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 927
OR TELECOMMUNICATIONS SERVICE; BUY, PROCURE, POSSESS, OR CONTROL; 928
OR BRING OR CAUSE TO BE BROUGHT INTO THIS STATE, A COMPUTER 929
GENERATED, MODIFIED, OR REPRODUCED OBSCENE MATERIAL THAT CONTAINS 930
WHAT IS REPRESENTED OR DEPICTED TO BE A MINOR, BUT IS NOT 931
ACTUALLY A MINOR, AS ONE OF ITS PARTICIPANTS OR PORTRAYED 932
OBSERVERS.
(B)(1) This section does not apply to any material or 934
performance that is sold, disseminated, displayed, possessed, 935
controlled, brought or caused to be brought into this state, or 936
presented for a bona fide medical, scientific, educational, 937
religious, governmental, judicial, or other proper purpose, by or 938
to a physician, psychologist, sociologist, scientist, teacher, 939
person pursuing bona fide studies or research, librarian, 940
clergyman CLERIC, prosecutor, judge, or other person having a 941
proper interest in the material or performance. 943
(2) Mistake of age is not a defense to a charge under this 945
section. 946
(3) In a prosecution under this section, the trier of fact 948
may infer that a person in the material or performance involved 949
is a minor if the material or performance, through its title, 950
22
text, visual representation, or otherwise, represents or depicts 951
the person as a minor. 952
(C) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE OF A 954
VIOLATION OF DIVISION (A)(7) OF THIS SECTION THAT ALL OF THE 955
FOLLOWING APPLY: 957
(1) THE ALLEGED OBSCENE MATERIAL THAT CONTAINS WHAT IS 959
REPRESENTED OR DEPICTED TO BE A MINOR AS ONE OF ITS PARTICIPANTS 960
OR PORTRAYED OBSERVERS WAS PRODUCED BY USING AN ACTUAL PERSON OR 961
PERSONS ENGAGING IN SEXUAL CONDUCT. 962
(2) EACH PERSON REFERRED TO IN DIVISION (C)(1) OF THIS 964
SECTION WAS AN ADULT AT THE TIME THAT THE ALLEGED OBSCENE 966
MATERIAL WAS PRODUCED.
(3) THE DEFENDANT DID NOT CREATE, REPRODUCE, OR PUBLISH; 968
PROMOTE OR ADVERTISE FOR SALE, DELIVERY, OR DISSEMINATION; SELL, 969
DELIVER, DISSEMINATE, DISPLAY, EXHIBIT, PRESENT, RENT, OR 970
PROVIDE; OFFER OR AGREE TO SELL, DELIVER, DISSEMINATE, DISPLAY, 971
EXHIBIT, PRESENT, RENT, OR PROVIDE; DISSEMINATE OR TRANSMIT, OR 972
OFFER OR AGREE TO DISSEMINATE OR TRANSMIT, BY MEANS OF A
COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, 974
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE; BUY, 975
PROCURE, POSSESS, OR CONTROL; OR BRING OR CAUSE TO BE BROUGHT 976
INTO THIS STATE A COMPUTER GENERATED, MODIFIED, OR REPRODUCED 978
OBSCENE MATERIAL IN A MANNER THAT CREATES THE IMPRESSION THAT IT 979
CONTAINS A VISUAL REPRESENTATION OR DEPICTION OF A MINOR ENGAGING 980
IN SEXUAL CONDUCT.
(D) Whoever violates this section is guilty of pandering 982
obscenity involving a minor. Violation of division (A)(1), (2), 983
(3), (4), or (6) of this section is a felony of the second 984
degree. Violation of division (A)(5) OR (7) of this section is a 986
felony of the fourth degree. If the offender previously has been
convicted of or pleaded guilty to a violation of this section or 987
section 2907.322 or 2907.323 of the Revised Code, pandering 988
obscenity involving a minor in violation of division (A)(5) OR 989
(7) of this section is a felony of the third degree. 990
23
Sec. 2907.322. (A) No person, with knowledge of the 999
character of the material or performance involved, shall do any 1,000
of the following: 1,001
(1) Create, record, photograph, film, develop, reproduce, 1,003
or publish any material that shows a minor participating or 1,004
engaging in sexual activity, masturbation, or bestiality; 1,005
(2) Advertise for sale or dissemination,; sell, 1,007
distribute, transport, disseminate, exhibit, or display; OR 1,008
DISSEMINATE OR TRANSMIT BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 1,010
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 1,011
OR TELECOMMUNICATIONS SERVICE any material that shows a minor 1,012
participating or engaging in sexual activity, masturbation, or
bestiality; 1,013
(3) Create, direct, or produce a performance that shows a 1,015
minor participating or engaging in sexual activity, masturbation, 1,016
or bestiality; 1,017
(4) Advertise for presentation, present, or participate in 1,019
presenting a performance that shows a minor participating or 1,020
engaging in sexual activity, masturbation, or bestiality; 1,021
(5) Solicit, receive, purchase, exchange, possess, or 1,023
control any material that shows a minor participating or engaging 1,024
in sexual activity, masturbation, or bestiality; 1,025
(6) Bring or cause to be brought into this state any 1,027
material that shows a minor participating or engaging in sexual 1,028
activity, masturbation, or bestiality, or bring, cause to be 1,029
brought, or finance the bringing of any minor into or across this 1,030
state with the intent that the minor engage in sexual activity, 1,031
masturbation, or bestiality in a performance or for the purpose 1,032
of producing material containing a visual representation 1,033
depicting the minor engaged in sexual activity, masturbation, or 1,034
bestiality. 1,035
(B)(1) This section does not apply to any material or 1,037
performance that is sold, disseminated, displayed, possessed, 1,038
controlled, brought or caused to be brought into this state, or 1,039
24
presented for a bona fide medical, scientific, educational, 1,040
religious, governmental, judicial, or other proper purpose, by or 1,041
to a physician, psychologist, sociologist, scientist, teacher, 1,042
person pursuing bona fide studies or research, librarian, 1,043
clergyman CLERIC, prosecutor, judge, or other person having a 1,044
proper interest in the material or performance. 1,046
(2) Mistake of age is not a defense to a charge under this 1,048
section. 1,049
(3) In a prosecution under this section, the trier of fact 1,051
may infer that a person in the material or performance involved 1,052
is a minor if the material or performance, through its title, 1,053
text, visual representation, or otherwise, represents or depicts 1,054
the person as a minor. 1,055
(C) Whoever violates this section is guilty of pandering 1,057
sexually oriented matter involving a minor. Violation A 1,058
VIOLATION of division (A)(1), (2), (3), (4), or (6) of this 1,060
section is a felony of the second degree. Violation A VIOLATION 1,061
of division (A)(5) of this section is a felony of the fifth 1,063
degree. If the offender previously has been convicted of or 1,065
pleaded guilty to a violation of this section or section 2907.321 1,066
or 2907.323 of the Revised Code, pandering sexually oriented 1,067
matter involving a minor in violation of division (A)(5) of this 1,068
section is a felony of the fourth degree. 1,069
Sec. 2907.323. (A) No person shall do any of the 1,078
following: 1,079
(1) Photograph any minor who is not the person's child or 1,081
ward in a state of nudity, or; create, direct, produce, or 1,082
transfer any material or performance that shows the minor in a 1,083
state of nudity; OR DISSEMINATE OR TRANSMIT BY MEANS OF A 1,084
COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, 1,086
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE ANY 1,087
MATERIAL OR PERFORMANCE THAT SHOWS THE MINOR IN A STATE OF 1,088
NUDITY, unless both of the following apply:
(a) The material or performance is, or is to be, sold, 1,090
25
disseminated, displayed, possessed, controlled, brought or caused 1,091
to be brought into this state, or presented for a bona fide 1,092
artistic, medical, scientific, educational, religious, 1,093
governmental, judicial, or other proper purpose, by or to a 1,094
physician, psychologist, sociologist, scientist, teacher, person 1,095
pursuing bona fide studies or research, librarian, clergyman 1,096
CLERIC, prosecutor, judge, or other person having a proper 1,097
interest in the material or performance; 1,098
(b) The minor's parents, guardian, or custodian consents 1,100
in writing to the photographing of the minor, to the use of the 1,101
minor in the material or performance, or to the transfer, 1,102
DISSEMINATION, OR TRANSMITTAL of the material and to the specific 1,104
manner in which the material or performance is to be used. 1,105
(2) Consent to the photographing of the person's minor 1,107
child or ward, or photograph the person's minor child or ward, in 1,108
a state of nudity or consent to the use of the person's minor 1,109
child or ward in a state of nudity in any material or 1,111
performance, or use or transfer a material or performance of that 1,112
nature, unless the material or performance is sold, disseminated, 1,113
displayed, possessed, controlled, brought or caused to be brought 1,114
into this state, or presented for a bona fide artistic, medical, 1,115
scientific, educational, religious, governmental, judicial, or 1,116
other proper purpose, by or to a physician, psychologist, 1,117
sociologist, scientist, teacher, person pursuing bona fide 1,118
studies or research, librarian, clergyman CLERIC, prosecutor, 1,119
judge, or other person having a proper interest in the material 1,120
or performance;
(3) Possess or view any material or performance that shows 1,122
a minor who is not the person's child or ward in a state of 1,123
nudity, unless one of the following applies: 1,124
(a) The material or performance is sold, disseminated, 1,126
displayed, possessed, controlled, brought or caused to be brought 1,127
into this state, or presented for a bona fide artistic, medical, 1,128
scientific, educational, religious, governmental, judicial, or 1,129
26
other proper purpose, by or to a physician, psychologist, 1,130
sociologist, scientist, teacher, person pursuing bona fide 1,131
studies or research, librarian, clergyman CLERIC, prosecutor, 1,133
judge, or other person having a proper interest in the material
or performance. 1,134
(b) The person knows that the parents, guardian, or 1,136
custodian has consented in writing to the photographing or use of 1,137
the minor in a state of nudity and to the manner in which the 1,138
material or performance is used or transferred. 1,139
(B) Whoever violates this section is guilty of illegal use 1,141
of a minor in a nudity-oriented material or performance. Whoever 1,142
violates division (A)(1) or (2) of this section is guilty of a 1,143
felony of the second degree. Whoever violates division (A)(3) of 1,144
this section is guilty of a felony of the fifth degree. If the 1,147
offender previously has been convicted of or pleaded guilty to a 1,148
violation of this section or section 2907.321 or 2907.322 of the 1,149
Revised Code, illegal use of a minor in a nudity-oriented
material or performance in violation of division (A)(3) of this 1,150
section is a felony of the fourth degree. 1,151
Sec. 2907.324. (A) NO PERSON, KNOWING OR HAVING 1,153
REASONABLE CAUSE TO BELIEVE THAT THE MATERIALS ARE INTENDED TO 1,154
BE, OR WILL BE, USED TO COMMIT A VIOLATION OF THIS CHAPTER OR A 1,155
VIOLATION OF SIMILAR LAWS OF ANOTHER STATE, SHALL COMPILE, 1,156
POSSESS, DISSEMINATE, TRANSMIT, OR REPRODUCE, BY ANY MEANS, ANY 1,157
STATEMENT, NOTICE, ADVERTISEMENT, DESCRIPTIVE INFORMATION, OR 1,158
IDENTIFYING INFORMATION ABOUT A MINOR, INCLUDING, BUT NOT LIMITED 1,159
TO, THE MINOR'S NAME, TELEPHONE NUMBER, PLACE OF RESIDENCE, 1,160
PHYSICAL CHARACTERISTICS, SOCIAL SECURITY NUMBER, OR INTERNET 1,161
ADDRESS. 1,162
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF ILLEGAL USE 1,165
OF INFORMATION ABOUT A MINOR, A FELONY OF THE FIFTH DEGREE. 1,166
Sec. 2913.01. As used in this chapter, UNLESS THE CONTEXT 1,175
REQUIRES THAT A TERM BE GIVEN A DIFFERENT MEANING: 1,176
(A) "Deception" means knowingly deceiving another or 1,178
27
causing another to be deceived by any false or misleading 1,179
representation, by withholding information, by preventing another 1,180
from acquiring information, or by any other conduct, act, or 1,181
omission that creates, confirms, or perpetuates a false 1,182
impression in another, including a false impression as to law, 1,183
value, state of mind, or other objective or subjective fact. 1,184
(B) "Defraud" means to knowingly obtain, by deception, 1,186
some benefit for oneself or another, or to knowingly cause, by 1,187
deception, some detriment to another. 1,188
(C) "Deprive" means to do any of the following: 1,190
(1) Withhold property of another permanently, or for a 1,192
period that appropriates a substantial portion of its value or 1,193
use, or with purpose to restore it only upon payment of a reward 1,194
or other consideration; 1,195
(2) Dispose of property so as to make it unlikely that the 1,197
owner will recover it; 1,198
(3) Accept, use, or appropriate money, property, or 1,200
services, with purpose not to give proper consideration in return 1,201
for the money, property, or services, and without reasonable 1,202
justification or excuse for not giving proper consideration. 1,203
(D) "Owner" means, unless the context requires a different 1,205
meaning, any person, other than the actor, who is the owner of, 1,207
who has possession or control of, or who has any license or 1,209
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 1,210
(E) "Services" include labor, personal services, 1,212
professional services, public utility services, common carrier 1,213
services, and food, drink, transportation, entertainment, and 1,214
cable television services. 1,215
(F) "Writing" means any computer software, document, 1,217
letter, memorandum, note, paper, plate, data, film, or other 1,218
thing having in or upon it any written, typewritten, or printed 1,219
matter, and any token, stamp, seal, credit card, badge, 1,221
trademark, label, or other symbol of value, right, privilege, 1,222
28
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 1,224
part and by any means, any spurious writing, or to make, execute, 1,225
alter, complete, reproduce, or otherwise purport to authenticate 1,226
any writing, when the writing in fact is not authenticated by 1,227
that conduct. 1,228
(H) "Utter" means to issue, publish, transfer, use, put or 1,230
send into circulation, deliver, or display. 1,231
(I) "Coin machine" means any mechanical or electronic 1,233
device designed to do both of the following: 1,234
(1) Receive a coin, bill, or token made for that purpose; 1,236
(2) In return for the insertion or deposit of a coin, 1,238
bill, or token, automatically dispense property, provide a 1,239
service, or grant a license. 1,240
(J) "Slug" means an object that, by virtue of its size, 1,242
shape, composition, or other quality, is capable of being 1,243
inserted or deposited in a coin machine as an improper substitute 1,244
for a genuine coin, bill, or token made for that purpose. 1,245
(K) "Theft offense" means any of the following: 1,247
(1) A violation of section 2911.01, 2911.02, 2911.11, 1,249
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 1,250
2913.041, 2913.05, 2913.06, 2913.07, 2913.11, 2913.21, 2913.31, 1,251
2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 1,254
2913.45, 2913.47, former section 2913.47 or 2913.48, or section 1,255
2913.51, 2915.05, or 2921.41 of the Revised Code; 1,256
(2) A violation of an existing or former municipal 1,258
ordinance or law of this or any other state, or of the United 1,259
States, substantially equivalent to any section listed in 1,260
division (K)(1) of this section or a violation of section 1,261
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 1,262
prior to July 1, 1996;
(3) An offense under an existing or former municipal 1,264
ordinance or law of this or any other state, or of the United 1,265
States, involving robbery, burglary, breaking and entering, 1,266
29
theft, embezzlement, wrongful conversion, forgery, 1,267
counterfeiting, deceit, or fraud; 1,268
(4) A conspiracy or attempt to commit, or complicity in 1,270
committing, any offense under division (K)(1), (2), or (3) of 1,271
this section. 1,272
(L) "Computer services" includes, but is not limited to, 1,274
the use of a computer system, computer network, computer program, 1,275
data that is prepared for computer use, or data that is contained 1,276
within a computer system or computer network. 1,277
(M) "Computer" means an electronic device that performs 1,279
logical, arithmetic, and memory functions by the manipulation of 1,280
electronic or magnetic impulses. "Computer" includes, but is not 1,281
limited to, all input, output, processing, storage, computer 1,282
program, or communication facilities that are connected, or 1,283
related, in a computer system or network to an electronic device 1,285
of that nature.
(N) "Computer system" means a computer and related 1,287
devices, whether connected or unconnected, including, but not 1,288
limited to, data input, output, and storage devices, data 1,289
communications links, and computer programs and data that make 1,290
the system capable of performing specified special purpose data 1,291
processing tasks. 1,292
(O) "Computer network" means a set of related and remotely 1,294
connected computers and communication facilities that includes 1,295
more than one computer system that has the capability to transmit 1,296
among the connected computers and communication facilities 1,297
through the use of computer facilities. 1,298
(P) "Computer program" means an ordered set of data 1,300
representing coded instructions or statements that, when executed 1,301
by a computer, cause the computer to process data. 1,302
(Q) "Computer software" means computer programs, 1,304
procedures, and other documentation associated with the operation 1,305
of a computer system. 1,306
(R) "Data" means a representation of information, 1,308
30
knowledge, facts, concepts, or instructions that are being or 1,309
have been prepared in a formalized manner and that are intended 1,310
for use in a COMPUTER, computer system, or computer network. For 1,312
purposes of section 2913.47 of the Revised Code, "data" has the 1,314
additional meaning set forth in division (A) of that section. 1,315
(S) "Cable television service" means any services provided 1,317
by or through the facilities of any cable television system or 1,318
other similar closed circuit coaxial cable communications system, 1,319
or any microwave or similar transmission service used in 1,320
connection with any cable television system or other similar 1,321
closed circuit coaxial cable communications system. 1,322
(T) "Gain access" means to approach, instruct, communicate 1,324
with, store data in, retrieve data from, or otherwise make use of 1,325
any resources of a computer, computer system, or computer 1,326
network. 1,327
(U) "Credit card" includes, but is not limited to, a card, 1,329
code, device, or other means of access to a customer's account 1,330
for the purpose of obtaining money, property, labor, or services 1,331
on credit, or for initiating an electronic fund transfer at a 1,332
point-of-sale terminal, an automated teller machine, or a cash 1,333
dispensing machine. 1,334
(V) "Electronic fund transfer" has the same meaning as in 1,336
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 1,337
(W) "Rented property" means personal property in which the 1,339
right of possession and use of the property is for a short and 1,340
possibly indeterminate term in return for consideration; the 1,341
rentee generally controls the duration of possession of the 1,342
property, within any applicable minimum or maximum term; and the 1,343
amount of consideration generally is determined by the duration 1,344
of possession of the property.
(X) "TELECOMMUNICATION" MEANS THE ORIGINATION, EMISSION, 1,347
DISSEMINATION, TRANSMISSION, OR RECEPTION OF DATA, IMAGES,
SIGNALS, SOUNDS, OR OTHER INTELLIGENCE OR EQUIVALENCE OF 1,348
INTELLIGENCE OF ANY NATURE OVER ANY COMMUNICATIONS SYSTEM BY ANY 1,349
31
METHOD, INCLUDING, BUT NOT LIMITED TO, A FIBER OPTIC, ELECTRONIC, 1,350
MAGNETIC, OPTICAL, DIGITAL, OR ANALOG METHOD. 1,351
(Y) "TELECOMMUNICATIONS DEVICE" MEANS ANY INSTRUMENT, 1,354
EQUIPMENT, MACHINE, OR OTHER DEVICE THAT FACILITATES 1,355
TELECOMMUNICATION, INCLUDING, BUT NOT LIMITED TO, A COMPUTER, 1,356
COMPUTER NETWORK, COMPUTER CHIP, COMPUTER CIRCUIT, SCANNER, 1,357
TELEPHONE, CELLULAR TELEPHONE, PAGER, PERSONAL COMMUNICATIONS 1,358
DEVICE, TRANSPONDER, RECEIVER, RADIO, MODEM, OR DEVICE THAT 1,359
ENABLES THE USE OF A MODEM.
(Z) "TELECOMMUNICATIONS SERVICE" MEANS THE PROVIDING, 1,362
ALLOWING, FACILITATING, OR GENERATING OF ANY FORM OF 1,363
TELECOMMUNICATION THROUGH THE USE OF A TELECOMMUNICATIONS DEVICE 1,364
OVER A TELECOMMUNICATIONS SYSTEM.
(AA) "COUNTERFEIT TELECOMMUNICATIONS DEVICE" MEANS A 1,367
TELECOMMUNICATIONS DEVICE THAT, ALONE OR WITH ANOTHER 1,368
TELECOMMUNICATIONS DEVICE, HAS BEEN ALTERED, CONSTRUCTED, 1,369
MANUFACTURED, OR PROGRAMMED TO ACQUIRE, INTERCEPT, RECEIVE, OR
OTHERWISE FACILITATE THE USE OF A TELECOMMUNICATIONS SERVICE 1,371
WITHOUT THE AUTHORITY OR CONSENT OF THE PROVIDER OF THE 1,372
TELECOMMUNICATIONS SERVICE. "COUNTERFEIT TELECOMMUNICATIONS 1,373
DEVICE" INCLUDES, BUT IS NOT LIMITED TO, A CLONE TELEPHONE, CLONE 1,374
MICROCHIP, TUMBLER TELEPHONE, OR TUMBLER MICROCHIP; A WIRELESS 1,375
SCANNING DEVICE CAPABLE OF ACQUIRING, INTERCEPTING, RECEIVING, OR 1,376
OTHERWISE FACILITATING THE USE OF TELECOMMUNICATIONS SERVICE 1,377
WITHOUT IMMEDIATE DETECTION; OR A DEVICE, EQUIPMENT, HARDWARE, OR 1,378
SOFTWARE DESIGNED FOR, OR CAPABLE OF, ALTERING OR CHANGING THE 1,379
ELECTRONIC SERIAL NUMBER IN A WIRELESS TELEPHONE. 1,380
Sec. 2913.04. (A) No person shall knowingly use or 1,389
operate the property of another without the consent of the owner 1,390
or person authorized to give consent. 1,391
(B) No person shall knowingly gain access to, attempt to 1,393
gain access to, or cause access to be gained to any computer, 1,394
computer system, or computer network, TELECOMMUNICATIONS DEVICE, 1,396
OR TELECOMMUNICATIONS SERVICE without the consent of, or beyond 1,397
32
the scope of the express or implied consent of, the owner of the 1,398
computer, computer system, or computer network,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE or other 1,399
person authorized to give consent by the owner. 1,401
(C) The affirmative defenses contained in division (C) of 1,403
section 2913.03 of the Revised Code are affirmative defenses to a 1,404
charge under this section. 1,405
(D) Whoever violates division (A) of this section is 1,408
guilty of unauthorized use of property. Except as otherwise
provided in this division, unauthorized use of property is a 1,409
misdemeanor of the fourth degree. 1,410
If unauthorized use of property is committed for the 1,412
purpose of devising or executing a scheme to defraud or to obtain 1,413
property or services, unauthorized use of property is whichever 1,414
of the following is applicable:
(1) Except as otherwise provided in division (D)(2), (3), 1,416
or (4) of this section, a misdemeanor of the first degree. 1,417
(2) If the value of the property or services or the loss 1,419
to the victim is five hundred dollars or more and is less than 1,420
five thousand dollars, a felony of the fifth degree. 1,421
(3) If the value of the property or services or the loss 1,423
to the victim is five thousand dollars or more and is less than 1,424
one hundred thousand dollars, a felony of the fourth degree. 1,425
(4) If the value of the property or services or the loss 1,427
to the victim is one hundred thousand dollars or more, a felony 1,428
of the third degree. 1,429
(E) Whoever violates division (B) of this section is 1,431
guilty of unauthorized use of computer OR TELECOMMUNICATION 1,432
property, a felony of the fifth degree. 1,433
Sec. 2913.05. (A) NO PERSON, HAVING DEVISED A SCHEME TO 1,435
DEFRAUD, SHALL KNOWINGLY DISSEMINATE, TRANSMIT, OR CAUSE TO BE 1,437
DISSEMINATED OR TRANSMITTED BY MEANS OF WIRE, RADIO, SATELLITE, 1,439
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 1,440
TELECOMMUNICATIONS SERVICE ANY WRITING, DATA, SIGN, SIGNAL,
33
PICTURE, SOUND, OR IMAGE WITH PURPOSE TO EXECUTE OR OTHERWISE 1,441
FURTHER THE SCHEME TO DEFRAUD. 1,442
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 1,445
TELECOMMUNICATIONS FRAUD. EXCEPT AS OTHERWISE PROVIDED IN THIS 1,446
DIVISION, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FIFTH 1,447
DEGREE. IF THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR 1,448
OF THE DETRIMENT TO THE VICTIM OF THE FRAUD IS FIVE THOUSAND 1,449
DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, 1,450
TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FOURTH DEGREE. IF 1,451
THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR OF THE 1,452
DETRIMENT TO THE VICTIM OF THE FRAUD IS ONE HUNDRED THOUSAND 1,453
DOLLARS OR MORE, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE 1,454
THIRD DEGREE.
Sec. 2913.06. (A) NO PERSON SHALL KNOWINGLY MANUFACTURE, 1,456
POSSESS, DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT 1,457
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE IT CRIMINALLY. 1,458
(B) NO PERSON SHALL KNOWINGLY MANUFACTURE, POSSESS, 1,461
DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT 1,462
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE THAT DEVICE OR TO
ALLOW THAT DEVICE TO BE USED, OR KNOWING OR HAVING REASON TO KNOW 1,464
THAT ANOTHER PERSON MAY USE THAT DEVICE, TO DO ANY OF THE
FOLLOWING: 1,465
(1) OBTAIN OR ATTEMPT TO OBTAIN TELECOMMUNICATIONS SERVICE 1,467
WITH PURPOSE TO AVOID A LAWFUL CHARGE FOR THAT SERVICE OR AID OR 1,469
CAUSE ANOTHER PERSON TO OBTAIN OR ATTEMPT TO OBTAIN
TELECOMMUNICATIONS SERVICE WITH PURPOSE TO AVOID A LAWFUL CHARGE 1,470
FOR THAT SERVICE; 1,471
(2) CONCEAL THE EXISTENCE, PLACE OF ORIGIN, OR DESTINATION 1,474
OF A TELECOMMUNICATIONS SERVICE.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF UNLAWFUL 1,477
USE OF A TELECOMMUNICATIONS DEVICE, A FELONY OF THE FIFTH DEGREE. 1,478
(D) THIS SECTION DOES NOT PROHIBIT OR RESTRICT A PERSON 1,481
WHO HOLDS AN AMATEUR SERVICE LICENSE ISSUED BY THE FEDERAL 1,482
COMMUNICATIONS COMMISSION FROM POSSESSING A RADIO RECEIVER OR 1,483
34
TRANSCEIVER THAT IS INTENDED PRIMARILY OR EXCLUSIVELY FOR USE IN 1,484
THE AMATEUR RADIO SERVICE AND IS USED FOR LAWFUL PURPOSES. 1,485
(E) THIS SECTION DOES NOT PRECLUDE A PERSON FROM DISPUTING 1,487
CHARGES IMPOSED FOR TELECOMMUNICATIONS SERVICE BY THE PROVIDER OF 1,488
THAT SERVICE. 1,489
Sec. 2913.07. (A) NO PERSON, WITHOUT PRIVILEGE TO DO SO, 1,492
SHALL KNOWINGLY INTRODUCE OR CAUSE THE INTRODUCTION OF
INFORMATION, KNOWLEDGE, FACTS, CONCEPTS, INSTRUCTIONS, OR A 1,493
COMPUTER PROGRAM INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER 1,494
NETWORK, COMPUTER PROGRAM, OR COMPUTER SOFTWARE WITH THE PURPOSE 1,495
TO AFFECT THE PERFORMANCE OF, OR TO DISABLE, DAMAGE, OR DESTROY, 1,497
A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER PROGRAM, 1,498
OR COMPUTER SOFTWARE.
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 1,501
INTENTIONALLY CAUSING A COMPUTER VIRUS. EXCEPT AS OTHERWISE
PROVIDED IN THIS DIVISION, INTENTIONALLY CAUSING A COMPUTER VIRUS 1,503
IS A FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE BENEFIT 1,504
OBTAINED BY THE OFFENDER OR THE DETRIMENT TO THE VICTIM OF THE 1,505
COMPUTER VIRUS IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE 1,506
HUNDRED THOUSAND DOLLARS, INTENTIONALLY CAUSING A COMPUTER VIRUS 1,507
IS A FELONY OF THE FOURTH DEGREE. IF THE VALUE OF THE BENEFIT
OBTAINED BY THE OFFENDER OR THE DETRIMENT TO THE VICTIM OF THE 1,508
COMPUTER VIRUS IS ONE HUNDRED THOUSAND DOLLARS OR MORE, 1,509
INTENTIONALLY CAUSING A COMPUTER VIRUS IS A FELONY OF THE THIRD 1,510
DEGREE.
Sec. 2913.42. (A) No person, knowing the person has no 1,519
privilege to do so, and with purpose to defraud or knowing that 1,520
the person is facilitating a fraud, shall do any of the 1,521
following:
(1) Falsify, destroy, remove, conceal, alter, deface, or 1,523
mutilate any writing, computer software, data, computer data, or 1,525
record;
(2) Utter any writing or record, knowing it to have been 1,527
tampered with as provided in division (A)(1) of this section. 1,528
35
(B)(1) Whoever violates this section is guilty of 1,530
tampering with records.
(2) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 1,532
SECTION, IF the offense does not involve data OR COMPUTER 1,533
SOFTWARE, tampering with records is whichever of the following is 1,535
applicable:
(a) If division (B)(2)(b) of this section does not apply, 1,537
a misdemeanor of the first degree; 1,538
(b) If the writing or record is a will unrevoked at the 1,540
time of the offense or a record kept by or belonging to a 1,541
governmental agency, a felony of the fifth degree. 1,542
(3) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 1,544
SECTION, IF the offense involves a violation of division (A) of 1,545
this section involving data OR COMPUTER SOFTWARE, tampering with 1,546
records is whichever of the following is applicable: 1,548
(a) Except as otherwise provided in division (B)(3)(b), 1,550
(c), or (d) of this section, a misdemeanor of the first degree; 1,551
(b) If the value of the data OR COMPUTER SOFTWARE involved 1,553
in the offense or the loss to the victim is five hundred dollars 1,555
or more and is less than five thousand dollars, a felony of the 1,556
fifth degree;
(c) If the value of the data OR COMPUTER SOFTWARE involved 1,558
in the offense or the loss to the victim is five thousand dollars 1,560
or more and is less than one hundred thousand dollars, a felony 1,561
of the fourth degree;
(d) If the value of the data OR COMPUTER SOFTWARE involved 1,563
in the offense or the loss to the victim is one hundred thousand 1,565
dollars or more or if the offense is committed for the purpose of 1,566
devising or executing a scheme to defraud or to obtain property 1,567
or services and the value of the property or services or the loss 1,568
to the victim is five thousand dollars or more, a felony of the 1,570
third degree.
(4) IF THE WRITING, DATA, COMPUTER SOFTWARE, OR RECORD IS 1,573
KEPT BY OR BELONGS TO A LOCAL, STATE, OR FEDERAL GOVERNMENTAL
36
ENTITY, A FELONY OF THE THIRD DEGREE. 1,574
Sec. 2913.61. (A) When a person is charged with a theft 1,583
offense involving property or services valued at five hundred 1,585
dollars or more, a theft offense involving property or services 1,586
valued at five hundred dollars or more and less than five 1,587
thousand dollars, a theft offense involving property or services 1,588
valued at five thousand dollars or more and less than one hundred 1,589
thousand dollars, or a theft offense involving property or 1,590
services valued at one hundred thousand dollars or more, the jury 1,591
or court trying the accused shall determine the value of the 1,592
property or services as of the time of the offense and, if a 1,593
guilty verdict is returned, shall return the finding of value as 1,594
part of the verdict. In any case in which the jury or court 1,595
determines that the value of the property or services at the time 1,596
of the offense was five hundred dollars or more, it is 1,597
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 1,598
value of the property or services involved was, five hundred 1,599
dollars or more and less than five thousand dollars, was five 1,601
thousand dollars or more and less than one hundred thousand 1,602
dollars, or was one hundred thousand dollars or more.
(B) Where IF more than one item of property or services is 1,604
involved in a theft offense, the value of the property or 1,605
services involved for the purpose of determining the value as 1,606
required by division (A) of this section, is the aggregate value 1,607
of all property or services involved in the offense. 1,608
(C)(1) When a series of offenses under section 2913.02 of 1,610
the Revised Code is committed by the offender in the offender's 1,611
same employment, capacity, or relationship to another, all such 1,612
OF THOSE offenses shall be tried as a single offense, and the 1,614
value of the property or services involved for the purpose of 1,615
determining the value as required by division (A) of this 1,616
section, is the aggregate value of all property and services 1,617
involved in all offenses in the series. In prosecuting a single 1,618
37
offense under this division, it is not necessary to separately 1,619
allege and prove each offense in the series. It is sufficient to 1,620
allege and prove that the offender, within a given span of time, 1,621
committed one or more theft offenses in the offender's same 1,622
employment, capacity, or relationship to another. 1,623
(2) IF AN OFFENDER IS BEING TRIED FOR THE COMMISSION OF A 1,626
SERIES OF OFFENSES UNDER SECTION 2913.02 OF THE REVISED CODE 1,628
AGAINST MORE THAN ONE VICTIM PURSUANT TO A SCHEME OR COURSE OF 1,629
CONDUCT, THE VALUE OF THE PROPERTY OR SERVICES INVOLVED, FOR THE 1,631
PURPOSE OF DETERMINING THE VALUE AS REQUIRED BY DIVISION (A) OF 1,632
THIS SECTION, IS THE AGGREGATE VALUE OF ALL PROPERTY AND SERVICES 1,633
INVOLVED IN THE SERIES OF OFFENSES. 1,634
(D) The following criteria shall be used in determining 1,636
the value of property or services involved in a theft offense: 1,637
(1) The value of an heirloom, memento, collector's item, 1,639
antique, museum piece, manuscript, document, record, or other 1,640
thing that has intrinsic worth to its owner and that either is 1,642
irreplaceable or is replaceable only on the expenditure of 1,643
substantial time, effort, or money, is the amount that would 1,644
compensate the owner for its loss. 1,645
(2) The value of personal effects and household goods, and 1,647
of materials, supplies, equipment, and fixtures used in the 1,648
profession, business, trade, occupation, or avocation of its 1,649
owner, which property is not covered under division (D)(1) of 1,650
this section and which retains substantial utility for its 1,651
purpose regardless of its age or condition, is the cost of 1,652
replacing the property with new property of like kind and 1,653
quality. 1,654
(3) The value of any property, real or personal, PROPERTY 1,656
THAT IS not covered under division (D)(1) or (2) of this section, 1,658
and the value of services, is the fair market value of the 1,659
property or services. As used in this section, "fair market 1,660
value" is the money consideration that a buyer would give and a 1,661
seller would accept for property or services, assuming that the 1,662
38
buyer is willing to buy and the seller is willing to sell, that 1,663
both are fully informed as to all facts material to the 1,664
transaction, and that neither is under any compulsion to act. 1,665
(E) Without limitation on the evidence that may be used to 1,667
establish the value of property or services involved in a theft 1,668
offense:
(1) When the property involved is personal property held 1,670
for sale at wholesale or retail, the price at which the property 1,671
was held for sale is prima-facie evidence of its value. 1,672
(2) When the property involved is a security or commodity 1,674
traded on an exchange, the closing price or, if there is no 1,675
closing price, the asked price, given in the latest market 1,676
quotation prior to the offense, is prima-facie evidence of the 1,677
value of the security or commodity. 1,678
(3) When the property involved is livestock, poultry, or 1,680
raw agricultural products for which a local market price is 1,681
available, the latest local market price prior to the offense is 1,682
prima-facie evidence of the value of the livestock, poultry, or 1,683
products. 1,684
(4) When the property involved is a negotiable instrument, 1,686
the face value is prima-facie evidence of the value of the 1,687
instrument. 1,688
(5) When the property involved is a warehouse receipt, 1,690
bill of lading, pawn ticket, claim check, or other instrument 1,691
entitling the holder or bearer to receive property, the face 1,692
value or, if there is no face value, the value of the property 1,693
covered by the instrument less any payment necessary to receive 1,694
the property, is prima-facie evidence of the value of the 1,695
instrument. 1,696
(6) When the property involved is a ticket of admission, 1,698
ticket for transportation, coupon, token, or other instrument 1,699
entitling the holder or bearer to receive property or services, 1,700
the face value or, if there is no face value, the value of the 1,701
property or services that may be received thereby, BY THE 1,702
39
INSTRUMENT is prima-facie evidence of the value of the 1,704
instrument.
(7) When the services involved are gas, electricity, 1,706
water, telephone, transportation, shipping, or other services for 1,707
which the rate is established by law, the duly established rate 1,708
is prima-facie evidence of the value of the services. 1,709
(8) When the services involved are services for which the 1,711
rate is not established by law, and the offender has been 1,712
notified prior to the offense of the rate for the services, 1,713
either in writing, or orally, or by posting in a manner 1,714
reasonably calculated to come to the attention of potential 1,715
offenders, the rate contained in the notice is prima-facie 1,716
evidence of the value of the services. 1,717
Sec. 2917.21. (A) No person shall knowingly make or cause 1,726
to be made a telephone call TELECOMMUNICATION, or knowingly 1,727
permit a telephone call TELECOMMUNICATION to be made from a 1,729
telephone TELECOMMUNICATIONS DEVICE under the person's control, 1,730
to another, if the caller does any of the following: 1,731
(1) Fails to identify the caller to the recipient of the 1,733
telephone call TELECOMMUNICATION and makes the telephone call 1,735
TELECOMMUNICATION with purpose to harass, OR abuse, or annoy any 1,736
person at the premises to which the telephone call 1,737
TELECOMMUNICATION is made, whether or not conversation ACTUAL 1,739
COMMUNICATION takes place during the telephone call BETWEEN THE 1,740
CALLER AND A RECIPIENT;
(2) Describes, suggests, requests, or proposes that the 1,742
caller, THE recipient of the telephone call TELECOMMUNICATION, or 1,744
any other person engage in any sexual activity as defined in 1,745
division (C) of section 2907.01 of the Revised Code, and the 1,746
recipient of the telephone call, or another person at the 1,747
premises to which the telephone call TELECOMMUNICATION is made, 1,748
has requested, in a previous telephone mcll TELECOMMUNICATION or 1,750
in the immediate telephone call TELECOMMUNICATION, THAT the 1,751
caller not to make a telephone call TELECOMMUNICATION to the 1,752
40
recipient of the telephone call or to the premises to which the 1,754
telephone call TELECOMMUNICATION is made;
(3) During the telephone call TELECOMMUNICATION, violates 1,756
section 2903.21 of the Revised Code; 1,758
(4) Knowingly states to the recipient of the telephone 1,760
call TELECOMMUNICATION that the caller intends to cause damage to 1,761
or destroy public or private property, and the recipient of the 1,764
telephone call, any member of the RECIPIENT'S family of the 1,765
recipient of the telephone call, or any other person who resides 1,767
at the premises to which the telephone call TELECOMMUNICATION is 1,768
made owns, leases, resides, or works in, will at the time of the 1,770
destruction or damaging be near or in, has the responsibility of 1,771
protecting, or insures the property that will be destroyed or 1,772
damaged;
(5) Knowingly makes the telephone call TELECOMMUNICATION 1,774
to the recipient of the telephone call TELECOMMUNICATION, to 1,776
another person at the premises to which the telephone call 1,778
TELECOMMUNICATION is made, or to the THOSE premises to which the 1,779
telephone call is made, and the recipient of the telephone call, 1,780
or another person at the THOSE premises to which the telephone 1,782
call is made, previously has told the caller not to call the MAKE 1,783
A TELECOMMUNICATION TO THOSE premises to which the telephone call 1,785
is made or not to call any persons at the THOSE premises to which 1,787
the telephone call is made.
(B) No person shall make or cause to be made a telephone 1,789
call TELECOMMUNICATION, or permit a telephone call 1,790
TELECOMMUNICATION to be made from a telephone TELECOMMUNICATIONS 1,792
DEVICE under the person's control, with purpose to abuse, 1,793
threaten, annoy, or harass another person. 1,794
(C)(1) Whoever violates this section is guilty of 1,796
telephone TELECOMMUNICATIONS harassment. 1,797
(2) A violation of division (A)(1), (2), (3), or (5) or 1,799
(B) of this section is a misdemeanor of the first degree on a 1,800
first offense and a felony of the fifth degree on each subsequent 1,802
41
offense involving the same person, recipient, or premises. 1,803
(3) Except as otherwise provided in division (C)(3) of 1,805
this section, a violation of division (A)(4) of this section is a 1,806
misdemeanor of the first degree on a first offense and a felony 1,807
of the fifth degree on each subsequent offense. If a violation 1,808
of division (A)(4) of this section results in economic harm of 1,810
five hundred dollars or more but less than five thousand dollars, 1,811
telephone TELECOMMUNICATIONS harassment is a felony of the fifth 1,812
degree. If a violation of division (A)(4) of this section 1,813
results in economic harm of five thousand dollars or more but 1,814
less than one hundred thousand dollars, telephone 1,815
TELECOMMUNICATIONS harassment is a felony of the fourth degree. 1,816
If a violation of division (A)(4) of this section results in 1,817
economic harm of one hundred thousand dollars or more, telephone 1,818
TELECOMMUNICATIONS harassment is a felony of the third degree. 1,820
(D) As used in this section,: 1,822
(1) "economic ECONOMIC harm" means all direct, incidental, 1,825
and consequential pecuniary harm suffered by a victim as a result 1,826
of criminal conduct. "Economic harm" includes, but is not 1,827
limited to, all of the following: 1,828
(1)(a) All wages, salaries, or other compensation lost as 1,830
a result of the criminal conduct; 1,832
(2)(b) The cost of all wages, salaries, or other 1,834
compensation paid to employees for time those employees are 1,836
prevented from working as a result of the criminal conduct; 1,837
(3)(c) The overhead costs incurred for the time that a 1,839
business is shut down as a result of the criminal conduct; 1,841
(4)(d) The loss of value to tangible or intangible 1,843
property that was damaged as a result of the criminal conduct. 1,845
(2) "CALLER" MEANS THE PERSON DESCRIBED IN DIVISION (A) OF 1,848
THIS SECTION WHO MAKES OR CAUSES TO BE MADE A TELECOMMUNICATION 1,849
OR WHO PERMITS A TELECOMMUNICATION TO BE MADE FROM A 1,850
TELECOMMUNICATIONS DEVICE UNDER THAT PERSON'S CONTROL. 1,851
(3) "TELECOMMUNICATION" AND "TELECOMMUNICATIONS DEVICE" 1,853
42
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 1,856
(4) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 1,858
2907.01 OF THE REVISED CODE. 1,860
(E) Nothing in this section prohibits a person from making 1,862
a telephone call TELECOMMUNICATION to a debtor that is in 1,863
compliance with the "Fair Debt Collection Practices Act," 91 1,865
Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the "Telephone 1,866
Consumer Protection Act," 105 Stat. 2395 (1991), 47 U.S.C. 227, 1,867
as amended.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of 1,874
the Revised Code: 1,875
(A) "Beneficial interest" means any of the following: 1,877
(1) The interest of a person as a beneficiary under a 1,879
trust in which the trustee holds title to personal or real 1,880
property; 1,881
(2) The interest of a person as a beneficiary under any 1,883
other trust arrangement under which any other person holds title 1,884
to personal or real property for the benefit of such person; 1,885
(3) The interest of a person under any other form of 1,887
express fiduciary arrangement under which any other person holds 1,888
title to personal or real property for the benefit of such 1,889
person.
"Beneficial interest" does not include the interest of a 1,891
stockholder in a corporation or the interest of a partner in 1,892
either a general or limited partnership. 1,893
(B) "Costs of investigation and prosecution" and "costs of 1,895
investigation and litigation" mean all of the costs incurred by 1,896
the state or a county or municipal corporation under sections 1,897
2923.31 to 2923.36 of the Revised Code in the prosecution and 1,898
investigation of any criminal action or in the litigation and 1,899
investigation of any civil action, and includes, but is not 1,900
limited to, the costs of resources and personnel. 1,901
(C) "Enterprise" includes any individual, sole 1,903
proprietorship, partnership, limited partnership, corporation, 1,904
43
trust, union, government agency, or other legal entity, or any 1,905
organization, association, or group of persons associated in fact 1,906
although not a legal entity. "Enterprise" includes illicit as 1,907
well as licit enterprises. 1,908
(D) "Innocent person" includes any bona fide purchaser of 1,910
property that is allegedly involved in a violation of section 1,911
2923.32 of the Revised Code, including any person who establishes 1,912
a valid claim to or interest in the property in accordance with 1,913
division (E) of section 2923.32 of the Revised Code, and any 1,914
victim of an alleged violation of that section or of any 1,915
underlying offense involved in an alleged violation of that 1,916
section. 1,917
(E) "Pattern of corrupt activity" means two or more 1,919
incidents of corrupt activity, whether or not there has been a 1,920
prior conviction, that are related to the affairs of the same 1,921
enterprise, are not isolated, and are not so closely related to 1,922
each other and connected in time and place that they constitute a 1,923
single event. 1,924
At least one of the incidents forming the pattern shall 1,926
occur on or after January 1, 1986. Unless any incident was an 1,927
aggravated murder or murder, the last of the incidents forming 1,928
the pattern shall occur within six years after the commission of 1,929
any prior incident forming the pattern, excluding any period of 1,930
imprisonment served by any person engaging in the corrupt 1,931
activity. 1,932
For the purposes of the criminal penalties that may be 1,934
imposed pursuant to section 2923.32 of the Revised Code, at least 1,935
one of the incidents forming the pattern shall constitute a 1,936
felony under the laws of this state in existence at the time it 1,937
was committed or, if committed in violation of the laws of the 1,939
United States or of any other state, shall constitute a felony 1,940
under the law of the United States or the other state and would 1,941
be a criminal offense under the law of this state if committed in 1,942
this state.
44
(F) "Pecuniary value" means money, a negotiable 1,944
instrument, a commercial interest, or anything of value, as 1,945
defined in section 1.03 of the Revised Code, or any other 1,946
property or service that has a value in excess of one hundred 1,947
dollars. 1,948
(G) "Person" means any person, as defined in section 1.59 1,950
of the Revised Code, and any governmental officer, employee, or 1,951
entity. 1,952
(H) "Personal property" means any personal property, any 1,954
interest in personal property, or any right, including, but not 1,955
limited to, bank accounts, debts, corporate stocks, patents, or 1,956
copyrights. Personal property and any beneficial interest in 1,957
personal property are deemed to be located where the trustee of 1,958
the property, the personal property, or the instrument evidencing 1,959
the right is located. 1,960
(I) "Corrupt activity" means engaging in, attempting to 1,962
engage in, conspiring to engage in, or soliciting, coercing, or 1,963
intimidating another person to engage in any of the following: 1,964
(1) Conduct defined as "racketeering activity" under the 1,966
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. 1,967
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; 1,968
(2) Conduct constituting any of the following: 1,970
(a) A violation of section 1315.55, 1322.02, 2903.01, 1,972
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 1,973
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 1,974
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 1,975
2913.06, 2913.07, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 1,979
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division 1,980
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) 1,981
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of 1,982
section 1707.44; division (A)(1) or (2) of section 2923.20; 1,983
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or 1,984
4719.06; division (C), (D), or (E) of section 4719.07; section 1,985
4719.08; or division (A) of section 4719.09 of the Revised Code. 1,986
45
(b) Any violation of section 3769.11, 3769.15, 3769.16, or 1,988
3769.19 of the Revised Code as it existed prior to July 1, 1996, 1,989
any violation of section 2915.02 of the Revised Code that occurs 1,990
on or after July 1, 1996, and that, had it occurred prior to that 1,991
date, would have been a violation of section 3769.11 of the 1,992
Revised Code as it existed prior to that date, or any violation 1,993
of section 2915.05 of the Revised Code that occurs on or after 1,994
July 1, 1996, and that, had it occurred prior to that date, would 1,995
have been a violation of section 3769.15, 3769.16, or 3769.19 of 1,996
the Revised Code as it existed prior to that date. 1,997
(c) Any violation of section 2907.21, 2907.22, 2907.31, 1,999
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 2,000
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 2,001
of the Revised Code, any violation of section 2925.11 of the 2,002
Revised Code that is a felony of the first, second, third, or 2,003
fourth degree and that occurs on or after July 1, 1996, any 2,004
violation of section 2915.02 of the Revised Code that occurred 2,005
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 2,006
it occurred prior to that date, would not have been a violation 2,008
of section 3769.11 of the Revised Code as it existed prior to 2,009
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 2,011
(B) of section 2915.05 of the Revised Code as it exists on and 2,012
after July 1, 1996, when the proceeds of the violation, the
payments made in the violation, the amount of a claim for payment 2,013
or for any other benefit that is false or deceptive and that is 2,014
involved in the violation, or the value of the contraband or 2,015
other property illegally possessed, sold, or purchased in the 2,016
violation exceeds five hundred dollars, or any combination of 2,017
violations described in division (I)(2)(c) of this section when 2,018
the total proceeds of the combination of violations, payments 2,019
made in the combination of violations, amount of the claims for 2,020
payment or for other benefits that is false or deceptive and that 2,021
46
is involved in the combination of violations, or value of the 2,022
contraband or other property illegally possessed, sold, or 2,023
purchased in the combination of violations exceeds five hundred 2,024
dollars;
(d) Any violation of section 5743.112 of the Revised Code 2,026
when the amount of unpaid tax exceeds one hundred dollars; 2,027
(e) Any violation or combination of violations of section 2,029
2907.32 of the Revised Code involving any material or performance 2,030
containing a display of bestiality or of sexual conduct, as 2,031
defined in section 2907.01 of the Revised Code, that is explicit 2,032
and depicted with clearly visible penetration of the genitals or 2,033
clearly visible penetration by the penis of any orifice when the 2,034
total proceeds of the violation or combination of violations, the 2,035
payments made in the violation or combination of violations, or 2,036
the value of the contraband or other property illegally 2,037
possessed, sold, or purchased in the violation or combination of 2,038
violations exceeds five hundred dollars; 2,039
(f) Any combination of violations described in division 2,041
(I)(2)(c) of this section and violations of section 2907.32 of 2,043
the Revised Code involving any material or performance containing 2,044
a display of bestiality or of sexual conduct, as defined in 2,045
section 2907.01 of the Revised Code, that is explicit and 2,046
depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the 2,047
total proceeds of the combination of violations, payments made in 2,048
the combination of violations, amount of the claims for payment 2,049
or for other benefits that is false or deceptive and that is 2,050
involved in the combination of violations, or value of the 2,051
contraband or other property illegally possessed, sold, or 2,052
purchased in the combination of violations exceeds five hundred 2,053
dollars. 2,054
(3) Conduct constituting a violation of any law of any 2,056
state other than this state that is substantially similar to the 2,057
conduct described in division (I)(2) of this section, provided 2,058
47
the defendant was convicted of the conduct in a criminal 2,059
proceeding in the other state. 2,060
(J) "Real property" means any real property or any 2,062
interest in real property, including, but not limited to, any 2,063
lease of, or mortgage upon, real property. Real property and any 2,064
beneficial interest in it is deemed to be located where the real 2,065
property is located. 2,066
(K) "Trustee" means any of the following: 2,068
(1) Any person acting as trustee under a trust in which 2,070
the trustee holds title to personal or real property; 2,071
(2) Any person who holds title to personal or real 2,073
property for which any other person has a beneficial interest; 2,074
(3) Any successor trustee. 2,076
"Trustee" does not include an assignee or trustee for an 2,078
insolvent debtor or an executor, administrator, administrator 2,079
with the will annexed, testamentary trustee, guardian, or 2,080
committee, appointed by, under the control of, or accountable to 2,082
a court.
(L) "Unlawful debt" means any money or other thing of 2,084
value constituting principal or interest of a debt that is 2,085
legally unenforceable in this state in whole or in part because 2,086
the debt was incurred or contracted in violation of any federal 2,087
or state law relating to the business of gambling activity or 2,088
relating to the business of lending money at an usurious rate 2,089
unless the creditor proves, by a preponderance of the evidence, 2,090
that the usurious rate was not intentionally set and that it 2,091
resulted from a good faith error by the creditor, notwithstanding 2,092
the maintenance of procedures that were adopted by the creditor 2,093
to avoid an error of that nature. 2,094
Section 2. That existing sections 2901.01, 2901.11, 2,096
2901.12, 2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2,097
2913.01, 2913.04, 2913.42, 2913.61, 2917.21, and 2923.31 of the 2,099
Revised Code are hereby repealed.
Section 3. In amending section 2907.31 of the Revised Code 2,101
48
in this act, it is the intent of the General Assembly to codify 2,102
in divisions (A)(1)(a) and (b) of that section the holdings of 2,103
the Court of Appeals for Hamilton County in State v. Loshin 2,104
(1980), 19 O.O. 3d 141, 142-143 (Ct. App. Hamilton Cty.) and in 2,105
State v. Zeh (1982), 7 Ohio App. 3d 235, 237 (motion for leave to 2,107
appeal to Sup. Ct. overruled 12/22/82) that the phrase "present 2,108
to a juvenile" in those divisions means "a direct presentation to 2,109
a specific juvenile or group of juveniles as opposed to a 2,110
presentation to the general public" and, as so construed, does 2,111
not conflict with the United States Constitution or the Ohio 2,112
Constitution.