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          

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
      (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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
      (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.