As Reported by the House Civil and Commercial Law Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 565 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-WISE-KASPUTIS-BUCHY 8
_________________________________________________________________ 10
A B I L L
To amend sections 2901.01, 2901.11, 2901.12, 12
2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 13
2907.323, 2913.01, 2913.04, 2913.42, 2913.61, 14
2917.21, and 2923.31 and to enact sections 16
2907.324, 2913.05, 2913.06, and 2913.07 of the 17
Revised Code relative to computer and 19
telecommunications offenses. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2901.01, 2901.11, 2901.12, 26
2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2913.01, 27
2913.04, 2913.42, 2913.61, 2917.21, and 2923.31 be amended and 29
sections 2907.324, 2913.05, 2913.06, and 2913.07 of the Revised
Code be enacted to read as follows: 31
Sec. 2901.01. (A) As used in the Revised Code: 40
(1) "Force" means any violence, compulsion, or constraint 42
physically exerted by any means upon or against a person or 43
thing. 44
(2) "Deadly force" means any force that carries a 46
substantial risk that it will proximately result in the death of 47
any person. 48
(3) "Physical harm to persons" means any injury, illness, 50
or other physiological impairment, regardless of its gravity or 51
duration. 52
(4) "Physical harm to property" means any tangible or 54
intangible damage to property that, in any degree, results in 55
loss to its value or interferes with its use or enjoyment. 56
2
"Physical harm to property" does not include wear and tear 57
occasioned by normal use. 58
(5) "Serious physical harm to persons" means any of the 60
following: 61
(a) Any mental illness or condition of such gravity as 63
would normally require hospitalization or prolonged psychiatric 64
treatment; 65
(b) Any physical harm that carries a substantial risk of 67
death; 68
(c) Any physical harm that involves some permanent 70
incapacity, whether partial or total, or that involves some 71
temporary, substantial incapacity; 72
(d) Any physical harm that involves some permanent 74
disfigurement, or that involves some temporary, serious 75
disfigurement; 76
(e) Any physical harm that involves acute pain of such 78
duration as to result in substantial suffering, or that involves 79
any degree of prolonged or intractable pain. 80
(6) "Serious physical harm to property" means any physical 82
harm to property that does either of the following: 83
(a) Results in substantial loss to the value of the 85
property, or requires a substantial amount of time, effort, or 86
money to repair or replace; 87
(b) Temporarily prevents the use or enjoyment of the 89
property, or substantially interferes with its use or enjoyment 90
for an extended period of time. 91
(7) "Risk" means a significant possibility, as contrasted 93
with a remote possibility, that a certain result may occur or 94
that certain circumstances may exist. 95
(8) "Substantial risk" means a strong possibility, as 97
contrasted with a remote or significant possibility, that a 98
certain result may occur or that certain circumstances may exist. 99
(9) "Offense of violence" means any of the following: 101
(a) A violation of section 2903.01, 2903.02, 2903.03, 103
3
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 104
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 105
2909.03, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 106
2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of 107
division (A)(1), (2), or (3) of section 2911.12 of the Revised 108
Code or felonious sexual penetration in violation of former 109
section 2907.12 of the Revised Code; 110
(b) A violation of an existing or former municipal 112
ordinance or law of this or any other state or the United States, 113
substantially equivalent to any section or, division, or offense 115
listed in division (A)(9)(a) of this section; 116
(c) An offense, other than a traffic offense, under an 118
existing or former municipal ordinance or law of this or any 119
other state or the United States, committed purposely or 120
knowingly, and involving physical harm to persons or a risk of 121
serious physical harm to persons; 122
(d) A conspiracy or attempt to commit, or complicity in 124
committing, any offense under division (A)(9)(a), (b), or (c) of 126
this section.
(10)(a) "Property" means any property, real or personal, 129
tangible or intangible, and any interest or license in that 130
property. "Property" includes, but is not limited to, cable
television service, computer OTHER TELECOMMUNICATIONS SERVICE, 132
TELECOMMUNICATIONS DEVICES, COMPUTERS, data, computer software, 133
financial instruments associated with computers, and other 134
documents associated with computers, or copies of the documents, 135
whether in machine or human readable form, TRADE SECRETS, 136
TRADEMARKS, COPYRIGHTS, PATENTS, AND PROPERTY PROTECTED BY A 137
TRADEMARK, COPYRIGHT, OR PATENT. "Financial instruments 138
associated with computers" include, but are not limited to, 139
checks, drafts, warrants, money orders, notes of indebtedness, 140
certificates of deposit, letters of credit, bills of credit or 141
debit cards, financial transaction authorization mechanisms, 142
marketable securities, or any computer system representations of 143
4
any of them. 144
(b) As used in this division and division (A)(10) OF THIS 147
SECTION, "TRADE SECRET" HAS THE SAME MEANING AS IN SECTION
1333.61 OF THE REVISED CODE, AND "TELECOMMUNICATIONS SERVICE" HAS 148
THE SAME MEANING AS IN SECTION 2913.01 OF THE REVISED CODE. 149
(c) AS USED IN DIVISIONS (A)(10) AND (13) of this section, 152
"cable television service," "computer," "computer software," 153
"computer system," "computer network," and "data," AND 154
"TELECOMMUNICATIONS DEVICE" have the same meaning MEANINGS as in 155
section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following: 157
(a) A sheriff, deputy sheriff, constable, police officer 159
of a township or joint township police district, marshal, deputy 160
marshal, municipal police officer, member of a police force 161
employed by a metropolitan housing authority under division (D) 162
of section 3735.31 of the Revised Code, or state highway patrol 163
trooper; 164
(b) An officer, agent, or employee of the state or any of 166
its agencies, instrumentalities, or political subdivisions, upon 167
whom, by statute, a duty to conserve the peace or to enforce all 168
or certain laws is imposed and the authority to arrest violators 169
is conferred, within the limits of that statutory duty and 170
authority; 171
(c) A mayor, in the mayor's capacity as chief conservator 173
of the peace within the mayor's municipal corporation; 174
(d) A member of an auxiliary police force organized by 176
county, township, or municipal law enforcement authorities, 177
within the scope of the member's appointment or commission; 178
(e) A person lawfully called pursuant to section 311.07 of 180
the Revised Code to aid a sheriff in keeping the peace, for the 181
purposes and during the time when the person is called; 182
(f) A person appointed by a mayor pursuant to section 184
737.01 of the Revised Code as a special patrolling officer during 186
riot or emergency, for the purposes and during the time when the 187
5
person is appointed;
(g) A member of the organized militia of this state or the 189
armed forces of the United States, lawfully called to duty to aid 190
civil authorities in keeping the peace or protect against 191
domestic violence; 192
(h) A prosecuting attorney, assistant prosecuting 194
attorney, secret service officer, or municipal prosecutor; 195
(i) An Ohio veterans' home police officer appointed under 197
section 5907.02 of the Revised Code; 198
(j) A member of a police force employed by a regional 200
transit authority under division (Y) of section 306.35 of the 201
Revised Code.
(12) "Privilege" means an immunity, license, or right 203
conferred by law, bestowed by express or implied grant, arising 205
out of status, position, office, or relationship, or growing out 206
of necessity.
(13) "Contraband" means any property described in the 208
following categories: 209
(a) Property that in and of itself is unlawful for a 211
person to acquire or possess; 212
(b) Property that is not in and of itself unlawful for a 214
person to acquire or possess, but that has been determined by a 215
court of this state, in accordance with law, to be contraband 216
because of its use in an unlawful activity or manner, of its 217
nature, or of the circumstances of the person who acquires or 218
possesses it, including, but not limited to, goods and personal 219
property described in division (D) of section 2913.34 of the 220
Revised Code;
(c) Property that is specifically stated to be contraband 222
by a section of the Revised Code or by an ordinance, regulation, 223
or resolution; 224
(d) Property that is forfeitable pursuant to a section of 226
the Revised Code, or an ordinance, regulation, or resolution, 227
including, but not limited to, forfeitable firearms, dangerous 228
6
ordnance, obscene materials, and goods and personal property 230
described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section 232
3719.01 of the Revised Code, or any device, paraphernalia, money 233
as defined in section 1301.01 of the Revised Code, or other means 234
of exchange that has been, is being, or is intended to be used in 235
an attempt or conspiracy to violate, or in a violation of, 236
Chapter 2925. or 3719. of the Revised Code; 237
(f) Any gambling device, paraphernalia, money as defined 239
in section 1301.01 of the Revised Code, or other means of 240
exchange that has been, is being, or is intended to be used in an 241
attempt or conspiracy to violate, or in the violation of, Chapter 242
2915. of the Revised Code; 243
(g) Any equipment, machine, device, apparatus, vehicle, 245
vessel, container, liquid, or substance that has been, is being, 246
or is intended to be used in an attempt or conspiracy to violate, 247
or in the violation of, any law of this state relating to alcohol 248
or tobacco; 249
(h) Any personal property that has been, is being, or is 251
intended to be used in an attempt or conspiracy to commit, or in 252
the commission of, any offense or in the transportation of the 253
fruits of any offense; 254
(i) Any property that is acquired through the sale or 256
other transfer of contraband or through the proceeds of 257
contraband, other than by a court or a law enforcement agency 258
acting within the scope of its duties; 259
(j) Any computer, computer system, computer network, or 261
computer software, OR OTHER TELECOMMUNICATIONS DEVICE that is 262
used in a conspiracy to commit, an attempt to commit, or in the 264
commission of any offense, if the owner of the computer, computer 265
system, computer network, or computer software, OR OTHER 266
TELECOMMUNICATIONS DEVICE is convicted of or pleads guilty to the 267
offense in which it is used.
(14) A person is "not guilty by reason of insanity" 269
7
relative to a charge of an offense only if the person proves, in 270
the manner specified in section 2901.05 of the Revised Code, that 271
at the time of the commission of the offense, the person did not 272
know, as a result of a severe mental disease or defect, the 273
wrongfulness of the person's acts. 274
(B)(1)(a) Subject to division (B)(2) of this section, as 277
used in any section contained in Title XXIX of the Revised Code 278
that sets forth a criminal offense, "person" includes all of the 279
following:
(i) An individual, corporation, business trust, estate, 281
trust, partnership, and association; 282
(ii) An unborn human who is viable. 284
(b) As used in any section contained in Title XXIX of the 287
Revised Code that does not set forth a criminal offense, "person" 288
includes an individual, corporation, business trust, estate, 289
trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section: 291
(i) "Unborn human" means an individual organism of the 293
species homo sapiens from fertilization until live birth. 294
(ii) "Viable" means the stage of development of a human 297
fetus at which there is a realistic possibility of maintaining
and nourishing of a life outside the womb with or without 298
temporary artificial life-sustaining support. 299
(2) Notwithstanding division (B)(1)(a) of this section, in 301
no case shall the portion of the definition of the term "person" 302
that is set forth in division (B)(1)(a)(ii) of this section be 303
applied or construed in any section contained in Title XXIX of 304
the Revised Code that sets forth a criminal offense in any of the 305
following manners:
(a) Except as otherwise provided in division (B)(2)(a) of 307
this section, in a manner so that the offense prohibits or is 308
construed as prohibiting any pregnant woman or her physician from 309
performing an abortion with the consent of the pregnant woman, 310
with the consent of the pregnant woman implied by law in a 311
8
medical emergency, or with the approval of one otherwise 312
authorized by law to consent to medical treatment on behalf of
the pregnant woman. An abortion that violates the conditions 313
described in the immediately preceding sentence may be punished 314
as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 315
2903.05, 2903.06, 2903.07, 2903.08, 2903.11, 2903.12, 2903.13, 316
2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. 317
An abortion that does not violate the conditions described in the 318
second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 319
2919.15, 2919.17, or 2919.18 of the Revised Code, may be punished 320
as a violation of section 2919.12, division (B) of section 321
2919.13, section 2919.15, 2919.17, or 2919.18 of the Revised 322
Code, as applicable. Consent is sufficient under this division 323
if it is of the type otherwise adequate to permit medical 324
treatment to the pregnant woman, even if it does not comply with 325
section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or is 328
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 329
results in any of the following: 330
(i) Her delivery of a stillborn baby; 332
(ii) Her causing, in any other manner, the death in utero 335
of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born alive 338
but who dies from one or more injuries that are sustained while
the child is a viable, unborn human; 339
(iv) Her causing her child who is born alive to sustain 342
one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting to 345
cause, in any other manner, an injury, illness, or other
physiological impairment, regardless of its duration or gravity, 346
or a mental illness or condition, regardless of its duration or 347
gravity, to a viable, unborn human that she is carrying. 348
9
Sec. 2901.11. (A) A person is subject to criminal 357
prosecution and punishment in this state if any of the following 358
occur: 359
(1) He THE PERSON commits an offense under the laws of 361
this state, any element of which takes place in this state;. 362
(2) While in this state, he THE PERSON conspires or 364
attempts to commit, or is guilty of complicity in the commission 365
of, an offense in another jurisdiction, which offense is an 366
offense under both the laws of this state and such THE other 367
jurisdiction;. 368
(3) While out of this state, he THE PERSON conspires or 370
attempts to commit, or is guilty of complicity in the commission 371
of, an offense in this state;. 372
(4) While out of this state, he THE PERSON omits to 374
perform a legal duty imposed by the laws of this state, which 376
omission affects a legitimate interest of the state in 377
protecting, governing, or regulating any person, property, thing, 378
transaction, or activity in this state;. 379
(5) While out of this state, he THE PERSON unlawfully 381
takes or retains property and subsequently brings any of such THE 382
UNLAWFULLY TAKEN OR RETAINED property into this state;. 383
(6) While out of this state, he THE PERSON unlawfully 385
takes or entices another and subsequently brings such THE other 386
person into this state. 387
(7) THE PERSON, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 390
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 391
OR TELECOMMUNICATIONS SERVICE, CAUSES OR KNOWINGLY PERMITS ANY 392
WRITING, DATA, IMAGE, OR OTHER TELECOMMUNICATION TO BE 393
DISSEMINATED OR TRANSMITTED INTO THIS STATE IN VIOLATION OF THE 394
LAW OF THIS STATE.
(B) In homicide, the element referred to in division 396
(A)(1) of this section is either the act which THAT causes death, 398
or the physical contact which THAT causes death, or the death 399
itself. If any part of the body of a homicide victim is found in 401
10
this state, the death is presumed to have occurred within this 402
state.
(C)(1) This state includes the land and water within its 404
boundaries and the air space above that land and water, with 405
respect to which this state has either exclusive or concurrent 406
legislative jurisdiction. Where the boundary between this state 407
and another state or foreign country is disputed, the disputed 408
territory is conclusively presumed to be within this state for 409
purposes of this section. 410
(2) The courts of common pleas of Adams, Athens, Belmont, 412
Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, 413
Lawrence, Meigs, Monroe, Scioto, and Washington counties have 414
jurisdiction beyond the north or northwest shore of the Ohio 415
river extending to the opposite shore line, between the extended 416
boundary lines of any adjacent counties or adjacent state. Each 417
of those courts of common pleas has concurrent jurisdiction on 418
the Ohio river with any adjacent court of common pleas that 419
borders on that river and with any court of Kentucky or of West 420
Virginia that borders on the Ohio river and that has jurisdiction 421
on the Ohio river under the law of Kentucky or the law of West 422
Virginia, whichever is applicable, or under federal law. 423
(D) When an offense is committed under the laws of this 425
state, and it appears beyond a reasonable doubt that the offense 426
or any element thereof OF THE OFFENSE took place either in Ohio 428
THIS STATE or in another jurisdiction or jurisdictions, but it 429
cannot reasonably be determined in which it took place, such THE 430
offense or element is conclusively presumed to have taken place 432
in this state for purposes of this section. 433
(E) AS USED IN THIS SECTION, "COMPUTER," "COMPUTER 435
SYSTEM," "COMPUTER NETWORK," "TELECOMMUNICATION," 436
"TELECOMMUNICATIONS DEVICE," "TELECOMMUNICATIONS SERVICE," 437
"DATA," AND "WRITING" HAVE THE SAME MEANINGS AS IN SECTION 438
2913.01 OF THE REVISED CODE.
Sec. 2901.12. (A) The trial of a criminal case in this 447
11
state shall be held in a court having jurisdiction of the subject 448
matter, and in the territory of which the offense or any element 449
of the offense was committed. 450
(B) When the offense or any element of the offense was 452
committed in an aircraft, motor vehicle, train, watercraft, or 453
other vehicle, in transit, and it cannot reasonably be determined 454
in which jurisdiction the offense was committed, the offender may 455
be tried in any jurisdiction through which the aircraft, motor 456
vehicle, train, watercraft, or other vehicle passed. 457
(C) When the offense involved the unlawful taking or 459
receiving of property or the unlawful taking or enticing of 460
another, the offender may be tried in any jurisdiction from which 461
or into which the property or victim was taken, received, or 462
enticed. 463
(D) When the offense is conspiracy, attempt, or complicity 465
cognizable under division (A)(2) of section 2901.11 of the 466
Revised Code, the offender may be tried in any jurisdiction in 467
which the conspiracy, attempt, complicity, or any of its elements 468
occurred. 469
(E) When the offense is conspiracy or attempt cognizable 471
under division (A)(3) of section 2901.11 of the Revised Code, the 472
offender may be tried in any jurisdiction in which the offense 473
that was the object of the conspiracy or attempt, or any element 474
thereof OF THAT OFFENSE, was intended to or could have taken 475
place. When the offense is complicity cognizable under division 477
(A)(3) of section 2901.11 of the Revised Code, the offender may 478
be tried in any jurisdiction in which the principal offender may 479
be tried.
(F) When an offense is considered to have been committed 481
in this state while the offender was out of this state, and the 482
jurisdiction in this state in which the offense or any material 483
element of the offense was committed is not reasonably 484
ascertainable, the offender may be tried in any jurisdiction in 485
which the offense or element reasonably could have been 486
12
committed. 487
(G) When it appears beyond a reasonable doubt that an 489
offense or any element of an offense was committed in any of two 490
or more jurisdictions, but it cannot reasonably be determined in 491
which jurisdiction the offense or element was committed, the 492
offender may be tried in any such jurisdiction OF THOSE 493
JURISDICTIONS. 494
(H) When an offender, as part of a course of criminal 496
conduct, commits offenses in different jurisdictions, he THE 497
OFFENDER may be tried for all of those offenses in any 499
jurisdiction in which one of those offenses or any element of one 500
of those offenses occurred. Without limitation on the evidence 501
that may be used to establish such THE course of criminal 502
conduct, any of the following is prima-facie evidence of a course 503
of criminal conduct:
(1) The offenses involved the same victim, or victims of 505
the same type or from the same group. 506
(2) The offenses were committed by the offender in his THE 508
OFFENDER'S same employment, or capacity, or relationship to 510
another.
(3) The offenses were committed as part of the same 512
transaction or chain of events, or in furtherance of the same 513
purpose or objective. 514
(4) The offenses were committed in furtherance of the same 516
conspiracy. 517
(5) The offenses involved the same or a similar modus 519
operandi. 520
(6) The offenses were committed along the offender's line 522
of travel in this state, regardless of his THE OFFENDER'S point 523
of origin or destination. 525
(I)(1) When the offense involves a computer, computer 527
system, or computer network, TELECOMMUNICATION, 528
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE, the 529
offender may be tried in any jurisdiction containing any location 530
13
of the computer, computer system, or computer network of the 531
victim of the offense, IN ANY JURISDICTION FROM WHICH OR INTO 532
WHICH, AS PART OF THE OFFENSE, ANY WRITING, DATA, OR IMAGE IS 533
DISSEMINATED OR TRANSMITTED BY MEANS OF A COMPUTER, COMPUTER 534
SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS 535
DEVICE, OR TELECOMMUNICATIONS SERVICE, or IN any jurisdiction in 537
which the alleged offender commits any activity that is an 538
essential part of the offense.
(2) As used in this section, "computer," "computer 540
system," and "computer network," "TELECOMMUNICATION," 541
"TELECOMMUNICATIONS DEVICE," "TELECOMMUNICATIONS SERVICE," 542
"DATA," AND "WRITING" have the same meaning MEANINGS as in 545
section 2913.01 of the Revised Code.
(J) When the offense involves the death of a person, and 547
it cannot reasonably be determined in which jurisdiction the 548
offense was committed, the offender may be tried in the 549
jurisdiction in which the dead person's body or any part of the 550
dead person's body was found. 551
(K) Notwithstanding any other requirement for the place of 553
trial, venue may be changed, upon motion of the prosecution, the 554
defense, or the court, to any court having jurisdiction of the 555
subject matter outside the county in which trial otherwise would 556
be held, when it appears that a fair and impartial trial cannot 557
be held in the jurisdiction in which trial otherwise would be 558
held, or when it appears that trial should be held in another 559
jurisdiction for the convenience of the parties and in the 560
interests of justice. 561
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of 570
the Revised Code, UNLESS THE CONTEXT REQUIRES THAT A TERM BE 571
GIVEN A DIFFERENT MEANING: 572
(A) "Sexual conduct" means vaginal intercourse between a 574
male and female; anal intercourse, fellatio, and cunnilingus 576
between persons regardless of sex; and, without privilege to do 577
so, the insertion, however slight, of any part of the body or any 578
14
instrument, apparatus, or other object into the vaginal or anal 580
cavity of another. Penetration, however slight, is sufficient to 581
complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous 583
zone of another, including without limitation, BUT NOT LIMITED 585
TO, the thigh, genitals, buttock, pubic region, or, if the person 586
is a female, a breast, for the purpose of sexually arousing or 587
gratifying either person. 588
(C) "Sexual activity" means sexual conduct or sexual 590
contact, or both. 591
(D) "Prostitute" means a male or female who promiscuously 593
engages in sexual activity for hire, regardless of whether the 594
hire is paid to the prostitute or to another. 595
(E) Any material or performance is "harmful to juveniles," 597
if it is offensive to prevailing standards in the adult community 598
with respect to what is suitable for juveniles, and if any of the 599
following apply: 600
(1) It tends to appeal to the prurient interest of 602
juveniles;. 603
(2) It contains a display, description, or representation 605
of sexual activity, masturbation, sexual excitement, or nudity;. 606
(3) It contains a display, description, or representation 608
of bestiality or extreme or bizarre violence, cruelty, or 609
brutality;. 610
(4) It contains a display, description, or representation 612
of human bodily functions of elimination;. 613
(5) It makes repeated use of foul language;. 615
(6) It contains a display, description, or representation 617
in lurid detail of the violent physical torture, dismemberment, 618
destruction, or death of a human being;. 619
(7) It contains a display, description, or representation 621
of criminal activity that tends to glorify or glamorize the 622
activity, and that, with respect to juveniles, has a dominant 623
tendency to corrupt. 624
15
(F) When considered as a whole, and judged with reference 626
to ordinary adults or, if it is designed for sexual deviates or 627
other specially susceptible group, judged with reference to that 628
group, any material or performance is "obscene" if any of the 629
following apply: 630
(1) Its dominant appeal is to prurient interest;. 632
(2) Its dominant tendency is to arouse lust by displaying 634
or depicting sexual activity, masturbation, sexual excitement, or 635
nudity in a way that tends to represent human beings as mere 636
objects of sexual appetite;. 637
(3) Its dominant tendency is to arouse lust by displaying 639
or depicting bestiality or extreme or bizarre violence, cruelty, 640
or brutality;. 641
(4) Its dominant tendency is to appeal to scatological 643
interest by displaying or depicting human bodily functions of 644
elimination in a way that inspires disgust or revulsion in 645
persons with ordinary sensibilities, without serving any genuine 646
scientific, educational, sociological, moral, or artistic 648
purpose;.
(5) It contains a series of displays or descriptions of 650
sexual activity, masturbation, sexual excitement, nudity, 651
bestiality, extreme or bizarre violence, cruelty, or brutality, 652
or human bodily functions of elimination, the cumulative effect 653
of which is a dominant tendency to appeal to prurient or 654
scatological interest, when the appeal to such an interest OF 655
THAT NATURE is primarily for its own sake or for commercial 657
exploitation, rather than primarily for a genuine scientific, 658
educational, sociological, moral, or artistic purpose. 659
(G) "Sexual excitement" means the condition of human male 661
or female genitals when in a state of sexual stimulation or 662
arousal. 663
(H) "Nudity" means the showing, representation, or 665
depiction of human male or female genitals, pubic area, or 666
buttocks with less than a full, opaque covering, or of a female 667
16
breast with less than a full, opaque covering of any portion 668
thereof OF THE BREAST below the top of the nipple, or of covered 669
male genitals in a discernibly turgid state. 671
(I) "Juvenile" means an unmarried person under the age of 673
eighteen. 674
(J)(1) "Material" means any OF THE FOLLOWING: 676
(a) A book, magazine, newspaper, pamphlet, poster, print, 679
picture, figure, image, GRAPHIC, description, motion picture 680
film, phonographic record, or tape, or other UNDEVELOPED FILM, OR 682
NEGATIVE;
(b) DATA THAT IS STORED ON COMPUTER DISK OR BY OTHER 685
ELECTRONIC MEANS AND THAT IS CAPABLE OF BEING CONVERTED INTO A 686
VISUAL IMAGE;
(c) A PICTORIAL REPRESENTATION PRODUCED OR RECORDED BY ANY 689
MECHANICAL, CHEMICAL, PHOTOGRAPHIC, OR ELECTRICAL MEANS; 690
(d) A tangible thing NOT LISTED IN DIVISION (J)(1)(a), 694
(b), OR (c) OF THIS SECTION THAT IS capable of arousing interest 695
through sight, sound, or touch. 696
(2) "MATERIAL" INCLUDES ANY DATA THAT IS STORED ON, OR 699
DISSEMINATED OR TRANSMITTED BY, COMPUTER DISK OR OTHER ELECTRONIC 700
MEANS AND THAT IS CAPABLE OF BEING CONVERTED INTO ANY OF THE 701
ITEMS LISTED IN DIVISION (J)(1)(a), (b), (c), OR (d) OF THIS 703
SECTION. 704
(K) "Performance" means any motion picture, preview, 706
trailer, play, show, skit, dance, or other exhibition performed 707
before an audience. 708
(L) "Spouse" means a person married to an offender at the 710
time of an alleged offense, except that such A person OF THAT 711
NATURE shall not be considered the spouse when any of the 713
following apply APPLIES:
(1) When the parties have entered into a written 715
separation agreement authorized by section 3103.06 of the Revised 716
Code; 717
(2) During the pendency of an action between the parties 719
17
for annulment, divorce, dissolution of marriage, or legal 720
separation; 721
(3) In the case of an action for legal separation, after 723
the effective date of the judgment for legal separation. 724
(M) "Minor" means a person under the age of eighteen. 726
(N) "COMPUTER," "COMPUTER SYSTEM," "COMPUTER NETWORK," 729
"TELECOMMUNICATION," "TELECOMMUNICATIONS DEVICE,"
"TELECOMMUNICATIONS SERVICE," AND "DATA" HAVE THE SAME MEANINGS 731
AS IN SECTION 2913.01 OF THE REVISED CODE.
Sec. 2907.31. (A)(1) No person, with knowledge of its 740
character or content, shall recklessly do any of the following: 741
(1)(a) Sell, deliver, furnish, disseminate, provide, 743
exhibit, OR rent, TO A JUVENILE or DIRECTLY present to a SPECIFIC 745
juvenile OR GROUP OF JUVENILES, AS OPPOSED TO PRESENT TO THE 746
GENERAL PUBLIC, any material or performance that is obscene or 747
harmful to juveniles;
(2)(b) Offer or agree to sell, deliver, furnish, 749
disseminate, provide, exhibit, OR rent, TO A JUVENILE or DIRECTLY 751
present to a SPECIFIC juvenile OR GROUP OF JUVENILES, AS OPPOSED 752
TO PRESENT TO THE GENERAL PUBLIC, any material or performance 754
that is obscene or harmful to juveniles;
(3)(c) Allow any juvenile to review or peruse any material 756
or view any live performance that is harmful to juveniles. 757
(2) NO PERSON, WITH KNOWLEDGE OF ITS CHARACTER OR CONTENT, 759
SHALL PURPOSEFULLY DISSEMINATE OR TRANSMIT, OR OFFER OR AGREE TO 760
DISSEMINATE OR TRANSMIT, DIRECTLY TO A SPECIFIC JUVENILE OR GROUP 761
OF JUVENILES, AS OPPOSED TO DISSEMINATE, TRANSMIT, OR OFFER OR 762
AGREE TO DISSEMINATE OR TRANSMIT TO THE GENERAL PUBLIC, BY MEANS 763
OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK,
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 764
TELECOMMUNICATIONS SERVICE, ANY MATERIAL OR PERFORMANCE THAT IS 765
OBSCENE OR HARMFUL TO JUVENILES.
(B) The following are affirmative defenses to a charge 767
under this section that involves material or a performance that 768
18
is harmful to juveniles but not obscene: 769
(1) The defendant is the parent, guardian, or spouse of 771
the juvenile involved. 772
(2) The juvenile involved, at the time of the conduct in 774
question, was accompanied by the juvenile's parent or guardian 775
who, with knowledge of its character, consented to the material 777
or performance being furnished or presented to the juvenile. 778
(3) The juvenile exhibited to the defendant or to the 780
defendant's agent or employee a draft card, driver's license, 782
birth record, marriage license, or other official or apparently 783
official document purporting to show that the juvenile was 784
eighteen years of age or over or married, and the person to whom 785
that document was exhibited did not otherwise have reasonable 786
cause to believe that the juvenile was under the age of eighteen 787
and unmarried.
(C)(1) It is an affirmative defense to a charge under this 789
section, involving material or a performance that is obscene or 790
harmful to juveniles, that the material or performance was 791
furnished or presented for a bona fide medical, scientific, 792
educational, governmental, judicial, or other proper purpose, by 793
a physician, psychologist, sociologist, scientist, teacher, 794
librarian, clergyman CLERIC, prosecutor, judge, or other proper 795
person. 796
(2) Except as provided in division (B)(3) of this section, 798
mistake of age is not a defense to a charge under this section. 799
(D) Whoever violates this section is guilty of 801
disseminating matter harmful to juveniles. If the material or 802
performance involved is harmful to juveniles, except as otherwise 804
provided in this division, a violation of this section is a 805
misdemeanor of the first degree. If the material or performance 806
involved is obscene, except as otherwise provided in this 807
division, a violation of this section is a felony of the fifth 808
degree. If the material or performance involved is obscene and 809
the juvenile to whom it is sold, delivered, furnished, 810
19
disseminated, provided, exhibited, rented, or presented, OR 811
TRANSMITTED, the juvenile to whom the offer is made or who is the 812
subject of the agreement, or the juvenile who is allowed to 813
review, peruse, or view it is under thirteen years of age, 814
violation of this section is a felony of the fourth degree. 815
Sec. 2907.32. (A) No person, with knowledge of the 824
character of the material or performance involved, shall do any 825
of the following: 826
(1) Create, reproduce, or publish any obscene material, 828
when the offender knows that the material is to be used for 829
commercial exploitation or will be publicly disseminated or 830
displayed, or when the offender is reckless in that regard; 831
(2) Promote or advertise for sale, delivery, or 833
dissemination; sell, deliver, publicly disseminate, publicly 834
display, exhibit, present, rent, or provide; DISSEMINATE or 835
TRANSMIT BY MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER 837
NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 838
TELECOMMUNICATIONS SERVICE; offer or agree to sell, deliver, 839
publicly disseminate, publicly display, exhibit, present, rent, 840
or provide; OR OFFER OR AGREE TO DISSEMINATE OR TRANSMIT BY MEANS 841
OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, 842
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 843
TELECOMMUNICATIONS SERVICE, any obscene material; 844
(3) Create, direct, or produce an obscene performance, 846
when the offender knows that it is to be used for commercial 847
exploitation or will be publicly presented, or when the offender 848
is reckless in that regard; 849
(4) Advertise or promote an obscene performance for 851
presentation, or present or participate in presenting an obscene 852
performance, when the performance is presented publicly, or when 853
admission is charged; 854
(5) Buy, procure, possess, or control any obscene material 856
with purpose to violate division (A)(2) or (4) of this section. 857
(B) It is an affirmative defense to a charge under this 859
20
section, that the material or performance involved was 860
disseminated or presented for a bona fide medical, scientific, 861
educational, religious, governmental, judicial, or other proper 862
purpose, by or to a physician, psychologist, sociologist, 863
scientist, teacher, person pursuing bona fide studies or 864
research, librarian, clergyman CLERIC, prosecutor, judge, or 865
other person having a proper interest in the material or 867
performance.
(C) Whoever violates this section is guilty of pandering 869
obscenity, a felony of the fifth degree. If the offender 871
previously has been convicted of a violation of this section or 872
of section 2907.31 of the Revised Code, then pandering obscenity 873
is a felony of the fourth degree. 874
Sec. 2907.321. (A) No person, with knowledge of the 883
character of the material or performance involved, shall do any 884
of the following: 885
(1) Create, reproduce, or publish any obscene material 887
that has a minor as one of its participants or portrayed 888
observers; 889
(2) Promote or advertise for sale, DELIVERY, or 891
dissemination; sell, deliver, disseminate, display, exhibit, 893
present, rent, or provide; or offer or agree to sell, deliver, 894
disseminate, display, exhibit, present, rent, or provide; OR 895
DISSEMINATE, TRANSMIT, RECEIVE, OR OFFER OR AGREE TO DISSEMINATE, 897
TRANSMIT, OR RECEIVE BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 899
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE,
OR TELECOMMUNICATIONS SERVICE, any obscene material that has a 901
minor as one of its participants or portrayed observers; 902
(3) Create, direct, or produce an obscene performance that 904
has a minor as one of its participants; 905
(4) Advertise or promote for presentation, present, or 907
participate in presenting an obscene performance that has a minor 908
as one of its participants; 909
(5) Buy, procure, possess, or control any obscene 912
21
material, that has a minor as one of its participants;
(6) Bring or cause to be brought into this state any 914
obscene material that has a minor as one of its participants or 915
portrayed observers; 916
(7) CREATE, REPRODUCE, OR PUBLISH; PROMOTE OR ADVERTISE 919
FOR SALE, DELIVERY, OR DISSEMINATION; SELL, DELIVER, DISSEMINATE, 920
DISPLAY, EXHIBIT, PRESENT, RENT, OR PROVIDE; OFFER OR AGREE TO 921
SELL, DELIVER, DISSEMINATE, DISPLAY, EXHIBIT, PRESENT, RENT, OR 922
PROVIDE; DISSEMINATE OR TRANSMIT, OR OFFER OR AGREE TO
DISSEMINATE OR TRANSMIT, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 923
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 924
OR TELECOMMUNICATIONS SERVICE; BUY, PROCURE, POSSESS, OR CONTROL; 925
OR BRING OR CAUSE TO BE BROUGHT INTO THIS STATE, A COMPUTER 926
GENERATED, MODIFIED, OR REPRODUCED OBSCENE MATERIAL THAT CONTAINS 927
WHAT IS REPRESENTED OR DEPICTED TO BE A MINOR, BUT IS NOT 928
ACTUALLY A MINOR, AS ONE OF ITS PARTICIPANTS OR PORTRAYED 929
OBSERVERS.
(B)(1) This section does not apply to any material or 931
performance that is sold, disseminated, displayed, possessed, 932
controlled, brought or caused to be brought into this state, or 933
presented for a bona fide medical, scientific, educational, 934
religious, governmental, judicial, or other proper purpose, by or 935
to a physician, psychologist, sociologist, scientist, teacher, 936
person pursuing bona fide studies or research, librarian, 937
clergyman CLERIC, prosecutor, judge, or other person having a 938
proper interest in the material or performance. 940
(2) Mistake of age is not a defense to a charge under this 942
section. 943
(3) In a prosecution under this section, the trier of fact 945
may infer that a person in the material or performance involved 946
is a minor if the material or performance, through its title, 947
text, visual representation, or otherwise, represents or depicts 948
the person as a minor. 949
(C) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE OF A 951
22
VIOLATION OF DIVISION (A)(7) OF THIS SECTION THAT ALL OF THE 952
FOLLOWING APPLY: 954
(1) THE ALLEGED OBSCENE MATERIAL THAT CONTAINS WHAT IS 956
REPRESENTED OR DEPICTED TO BE A MINOR AS ONE OF ITS PARTICIPANTS 957
OR PORTRAYED OBSERVERS WAS PRODUCED BY USING AN ACTUAL PERSON OR 958
PERSONS ENGAGING IN SEXUAL CONDUCT. 959
(2) EACH PERSON REFERRED TO IN DIVISION (C)(1) OF THIS 961
SECTION WAS AN ADULT AT THE TIME THAT THE ALLEGED OBSCENE 963
MATERIAL WAS PRODUCED.
(3) THE DEFENDANT DID NOT CREATE, REPRODUCE, OR PUBLISH; 965
PROMOTE OR ADVERTISE FOR SALE, DELIVERY, OR DISSEMINATION; SELL, 966
DELIVER, DISSEMINATE, DISPLAY, EXHIBIT, PRESENT, RENT, OR 967
PROVIDE; OFFER OR AGREE TO SELL, DELIVER, DISSEMINATE, DISPLAY, 968
EXHIBIT, PRESENT, RENT, OR PROVIDE; DISSEMINATE OR TRANSMIT, OR 969
OFFER OR AGREE TO DISSEMINATE OR TRANSMIT, BY MEANS OF A
COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, 971
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE; BUY, 972
PROCURE, POSSESS, OR CONTROL; OR BRING OR CAUSE TO BE BROUGHT 973
INTO THIS STATE A COMPUTER GENERATED, MODIFIED, OR REPRODUCED 975
OBSCENE MATERIAL IN A MANNER THAT CREATES THE IMPRESSION THAT IT 976
CONTAINS A VISUAL REPRESENTATION OR DEPICTION OF A MINOR ENGAGING 977
IN SEXUAL CONDUCT.
(D) Whoever violates this section is guilty of pandering 979
obscenity involving a minor. Violation of division (A)(1), (2), 980
(3), (4), or (6) of this section is a felony of the second 981
degree. Violation of division (A)(5) OR (7) of this section is a 983
felony of the fourth degree. If the offender previously has been
convicted of or pleaded guilty to a violation of this section or 984
section 2907.322 or 2907.323 of the Revised Code, pandering 985
obscenity involving a minor in violation of division (A)(5) OR 986
(7) of this section is a felony of the third degree. 987
Sec. 2907.322. (A) No person, with knowledge of the 996
character of the material or performance involved, shall do any 997
of the following: 998
23
(1) Create, record, photograph, film, develop, reproduce, 1,000
or publish any material that shows a minor participating or 1,001
engaging in sexual activity, masturbation, or bestiality; 1,002
(2) Advertise for sale or dissemination,; sell, 1,004
distribute, transport, disseminate, exhibit, or display; OR 1,005
DISSEMINATE OR TRANSMIT BY MEANS OF A COMPUTER, COMPUTER SYSTEM, 1,007
COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, 1,008
OR TELECOMMUNICATIONS SERVICE any material that shows a minor 1,009
participating or engaging in sexual activity, masturbation, or
bestiality; 1,010
(3) Create, direct, or produce a performance that shows a 1,012
minor participating or engaging in sexual activity, masturbation, 1,013
or bestiality; 1,014
(4) Advertise for presentation, present, or participate in 1,016
presenting a performance that shows a minor participating or 1,017
engaging in sexual activity, masturbation, or bestiality; 1,018
(5) Solicit, receive, purchase, exchange, possess, or 1,020
control any material that shows a minor participating or engaging 1,021
in sexual activity, masturbation, or bestiality; 1,022
(6) Bring or cause to be brought into this state any 1,024
material that shows a minor participating or engaging in sexual 1,025
activity, masturbation, or bestiality, or bring, cause to be 1,026
brought, or finance the bringing of any minor into or across this 1,027
state with the intent that the minor engage in sexual activity, 1,028
masturbation, or bestiality in a performance or for the purpose 1,029
of producing material containing a visual representation 1,030
depicting the minor engaged in sexual activity, masturbation, or 1,031
bestiality. 1,032
(B)(1) This section does not apply to any material or 1,034
performance that is sold, disseminated, displayed, possessed, 1,035
controlled, brought or caused to be brought into this state, or 1,036
presented for a bona fide medical, scientific, educational, 1,037
religious, governmental, judicial, or other proper purpose, by or 1,038
to a physician, psychologist, sociologist, scientist, teacher, 1,039
24
person pursuing bona fide studies or research, librarian, 1,040
clergyman CLERIC, prosecutor, judge, or other person having a 1,041
proper interest in the material or performance. 1,043
(2) Mistake of age is not a defense to a charge under this 1,045
section. 1,046
(3) In a prosecution under this section, the trier of fact 1,048
may infer that a person in the material or performance involved 1,049
is a minor if the material or performance, through its title, 1,050
text, visual representation, or otherwise, represents or depicts 1,051
the person as a minor. 1,052
(C) Whoever violates this section is guilty of pandering 1,054
sexually oriented matter involving a minor. Violation A 1,055
VIOLATION of division (A)(1), (2), (3), (4), or (6) of this 1,057
section is a felony of the second degree. Violation A VIOLATION 1,058
of division (A)(5) of this section is a felony of the fifth 1,060
degree. If the offender previously has been convicted of or 1,062
pleaded guilty to a violation of this section or section 2907.321 1,063
or 2907.323 of the Revised Code, pandering sexually oriented 1,064
matter involving a minor in violation of division (A)(5) of this 1,065
section is a felony of the fourth degree. 1,066
Sec. 2907.323. (A) No person shall do any of the 1,075
following: 1,076
(1) Photograph any minor who is not the person's child or 1,078
ward in a state of nudity, or; create, direct, produce, or 1,079
transfer any material or performance that shows the minor in a 1,080
state of nudity; OR DISSEMINATE OR TRANSMIT BY MEANS OF A 1,081
COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, 1,083
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE ANY 1,084
MATERIAL OR PERFORMANCE THAT SHOWS THE MINOR IN A STATE OF 1,085
NUDITY, unless both of the following apply:
(a) The material or performance is, or is to be, sold, 1,087
disseminated, displayed, possessed, controlled, brought or caused 1,088
to be brought into this state, or presented for a bona fide 1,089
artistic, medical, scientific, educational, religious, 1,090
25
governmental, judicial, or other proper purpose, by or to a 1,091
physician, psychologist, sociologist, scientist, teacher, person 1,092
pursuing bona fide studies or research, librarian, clergyman 1,093
CLERIC, prosecutor, judge, or other person having a proper 1,094
interest in the material or performance; 1,095
(b) The minor's parents, guardian, or custodian consents 1,097
in writing to the photographing of the minor, to the use of the 1,098
minor in the material or performance, or to the transfer, 1,099
DISSEMINATION, OR TRANSMITTAL of the material and to the specific 1,101
manner in which the material or performance is to be used. 1,102
(2) Consent to the photographing of the person's minor 1,104
child or ward, or photograph the person's minor child or ward, in 1,105
a state of nudity or consent to the use of the person's minor 1,106
child or ward in a state of nudity in any material or 1,108
performance, or use or transfer a material or performance of that 1,109
nature, unless the material or performance is sold, disseminated, 1,110
displayed, possessed, controlled, brought or caused to be brought 1,111
into this state, or presented for a bona fide artistic, medical, 1,112
scientific, educational, religious, governmental, judicial, or 1,113
other proper purpose, by or to a physician, psychologist, 1,114
sociologist, scientist, teacher, person pursuing bona fide 1,115
studies or research, librarian, clergyman CLERIC, prosecutor, 1,116
judge, or other person having a proper interest in the material 1,117
or performance;
(3) Possess or view any material or performance that shows 1,119
a minor who is not the person's child or ward in a state of 1,120
nudity, unless one of the following applies: 1,121
(a) The material or performance is sold, disseminated, 1,123
displayed, possessed, controlled, brought or caused to be brought 1,124
into this state, or presented for a bona fide artistic, medical, 1,125
scientific, educational, religious, governmental, judicial, or 1,126
other proper purpose, by or to a physician, psychologist, 1,127
sociologist, scientist, teacher, person pursuing bona fide 1,128
studies or research, librarian, clergyman CLERIC, prosecutor, 1,130
26
judge, or other person having a proper interest in the material
or performance. 1,131
(b) The person knows that the parents, guardian, or 1,133
custodian has consented in writing to the photographing or use of 1,134
the minor in a state of nudity and to the manner in which the 1,135
material or performance is used or transferred. 1,136
(B) Whoever violates this section is guilty of illegal use 1,138
of a minor in a nudity-oriented material or performance. Whoever 1,139
violates division (A)(1) or (2) of this section is guilty of a 1,140
felony of the second degree. Whoever violates division (A)(3) of 1,141
this section is guilty of a felony of the fifth degree. If the 1,144
offender previously has been convicted of or pleaded guilty to a 1,145
violation of this section or section 2907.321 or 2907.322 of the 1,146
Revised Code, illegal use of a minor in a nudity-oriented
material or performance in violation of division (A)(3) of this 1,147
section is a felony of the fourth degree. 1,148
Sec. 2907.324. (A) NO PERSON, KNOWING OR HAVING 1,150
REASONABLE CAUSE TO BELIEVE THAT THE MATERIALS ARE INTENDED TO 1,151
BE, OR WILL BE, USED TO COMMIT A VIOLATION OF THIS CHAPTER OR A 1,152
VIOLATION OF SIMILAR LAWS OF ANOTHER STATE, SHALL COMPILE, 1,153
POSSESS, DISSEMINATE, TRANSMIT, OR REPRODUCE, BY ANY MEANS, ANY 1,154
STATEMENT, NOTICE, ADVERTISEMENT, DESCRIPTIVE INFORMATION, OR 1,155
IDENTIFYING INFORMATION ABOUT A MINOR, INCLUDING, BUT NOT LIMITED 1,156
TO, THE MINOR'S NAME, TELEPHONE NUMBER, PLACE OF RESIDENCE, 1,157
PHYSICAL CHARACTERISTICS, SOCIAL SECURITY NUMBER, OR INTERNET 1,158
ADDRESS. 1,159
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF ILLEGAL USE 1,162
OF INFORMATION ABOUT A MINOR, A FELONY OF THE FIFTH DEGREE. 1,163
Sec. 2913.01. As used in this chapter, UNLESS THE CONTEXT 1,172
REQUIRES THAT A TERM BE GIVEN A DIFFERENT MEANING: 1,173
(A) "Deception" means knowingly deceiving another or 1,175
causing another to be deceived by any false or misleading 1,176
representation, by withholding information, by preventing another 1,177
from acquiring information, or by any other conduct, act, or 1,178
27
omission that creates, confirms, or perpetuates a false 1,179
impression in another, including a false impression as to law, 1,180
value, state of mind, or other objective or subjective fact. 1,181
(B) "Defraud" means to knowingly obtain, by deception, 1,183
some benefit for oneself or another, or to knowingly cause, by 1,184
deception, some detriment to another. 1,185
(C) "Deprive" means to do any of the following: 1,187
(1) Withhold property of another permanently, or for a 1,189
period that appropriates a substantial portion of its value or 1,190
use, or with purpose to restore it only upon payment of a reward 1,191
or other consideration; 1,192
(2) Dispose of property so as to make it unlikely that the 1,194
owner will recover it; 1,195
(3) Accept, use, or appropriate money, property, or 1,197
services, with purpose not to give proper consideration in return 1,198
for the money, property, or services, and without reasonable 1,199
justification or excuse for not giving proper consideration. 1,200
(D) "Owner" means, unless the context requires a different 1,202
meaning, any person, other than the actor, who is the owner of, 1,204
who has possession or control of, or who has any license or 1,206
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 1,207
(E) "Services" include labor, personal services, 1,209
professional services, public utility services, common carrier 1,210
services, and food, drink, transportation, entertainment, and 1,211
cable television services. 1,212
(F) "Writing" means any computer software, document, 1,214
letter, memorandum, note, paper, plate, data, film, or other 1,215
thing having in or upon it any written, typewritten, or printed 1,216
matter, and any token, stamp, seal, credit card, badge, 1,218
trademark, label, or other symbol of value, right, privilege, 1,219
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 1,221
part and by any means, any spurious writing, or to make, execute, 1,222
28
alter, complete, reproduce, or otherwise purport to authenticate 1,223
any writing, when the writing in fact is not authenticated by 1,224
that conduct. 1,225
(H) "Utter" means to issue, publish, transfer, use, put or 1,227
send into circulation, deliver, or display. 1,228
(I) "Coin machine" means any mechanical or electronic 1,230
device designed to do both of the following: 1,231
(1) Receive a coin, bill, or token made for that purpose; 1,233
(2) In return for the insertion or deposit of a coin, 1,235
bill, or token, automatically dispense property, provide a 1,236
service, or grant a license. 1,237
(J) "Slug" means an object that, by virtue of its size, 1,239
shape, composition, or other quality, is capable of being 1,240
inserted or deposited in a coin machine as an improper substitute 1,241
for a genuine coin, bill, or token made for that purpose. 1,242
(K) "Theft offense" means any of the following: 1,244
(1) A violation of section 2911.01, 2911.02, 2911.11, 1,246
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 1,247
2913.041, 2913.05, 2913.06, 2913.07, 2913.11, 2913.21, 2913.31, 1,248
2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 1,251
2913.45, 2913.47, former section 2913.47 or 2913.48, or section 1,252
2913.51, 2915.05, or 2921.41 of the Revised Code; 1,253
(2) A violation of an existing or former municipal 1,255
ordinance or law of this or any other state, or of the United 1,256
States, substantially equivalent to any section listed in 1,257
division (K)(1) of this section or a violation of section 1,258
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 1,259
prior to July 1, 1996;
(3) An offense under an existing or former municipal 1,261
ordinance or law of this or any other state, or of the United 1,262
States, involving robbery, burglary, breaking and entering, 1,263
theft, embezzlement, wrongful conversion, forgery, 1,264
counterfeiting, deceit, or fraud; 1,265
(4) A conspiracy or attempt to commit, or complicity in 1,267
29
committing, any offense under division (K)(1), (2), or (3) of 1,268
this section. 1,269
(L) "Computer services" includes, but is not limited to, 1,271
the use of a computer system, computer network, computer program, 1,272
data that is prepared for computer use, or data that is contained 1,273
within a computer system or computer network. 1,274
(M) "Computer" means an electronic device that performs 1,276
logical, arithmetic, and memory functions by the manipulation of 1,277
electronic or magnetic impulses. "Computer" includes, but is not 1,278
limited to, all input, output, processing, storage, computer 1,279
program, or communication facilities that are connected, or 1,280
related, in a computer system or network to an electronic device 1,282
of that nature.
(N) "Computer system" means a computer and related 1,284
devices, whether connected or unconnected, including, but not 1,285
limited to, data input, output, and storage devices, data 1,286
communications links, and computer programs and data that make 1,287
the system capable of performing specified special purpose data 1,288
processing tasks. 1,289
(O) "Computer network" means a set of related and remotely 1,291
connected computers and communication facilities that includes 1,292
more than one computer system that has the capability to transmit 1,293
among the connected computers and communication facilities 1,294
through the use of computer facilities. 1,295
(P) "Computer program" means an ordered set of data 1,297
representing coded instructions or statements that, when executed 1,298
by a computer, cause the computer to process data. 1,299
(Q) "Computer software" means computer programs, 1,301
procedures, and other documentation associated with the operation 1,302
of a computer system. 1,303
(R) "Data" means a representation of information, 1,305
knowledge, facts, concepts, or instructions that are being or 1,306
have been prepared in a formalized manner and that are intended 1,307
for use in a COMPUTER, computer system, or computer network. For 1,309
30
purposes of section 2913.47 of the Revised Code, "data" has the 1,311
additional meaning set forth in division (A) of that section. 1,312
(S) "Cable television service" means any services provided 1,314
by or through the facilities of any cable television system or 1,315
other similar closed circuit coaxial cable communications system, 1,316
or any microwave or similar transmission service used in 1,317
connection with any cable television system or other similar 1,318
closed circuit coaxial cable communications system. 1,319
(T) "Gain access" means to approach, instruct, communicate 1,321
with, store data in, retrieve data from, or otherwise make use of 1,322
any resources of a computer, computer system, or computer 1,323
network. 1,324
(U) "Credit card" includes, but is not limited to, a card, 1,326
code, device, or other means of access to a customer's account 1,327
for the purpose of obtaining money, property, labor, or services 1,328
on credit, or for initiating an electronic fund transfer at a 1,329
point-of-sale terminal, an automated teller machine, or a cash 1,330
dispensing machine. 1,331
(V) "Electronic fund transfer" has the same meaning as in 1,333
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 1,334
(W) "Rented property" means personal property in which the 1,336
right of possession and use of the property is for a short and 1,337
possibly indeterminate term in return for consideration; the 1,338
rentee generally controls the duration of possession of the 1,339
property, within any applicable minimum or maximum term; and the 1,340
amount of consideration generally is determined by the duration 1,341
of possession of the property.
(X) "TELECOMMUNICATION" MEANS THE ORIGINATION, EMISSION, 1,344
DISSEMINATION, TRANSMISSION, OR RECEPTION OF DATA, IMAGES,
SIGNALS, SOUNDS, OR OTHER INTELLIGENCE OR EQUIVALENCE OF 1,345
INTELLIGENCE OF ANY NATURE OVER ANY COMMUNICATIONS SYSTEM BY ANY 1,346
METHOD, INCLUDING, BUT NOT LIMITED TO, A FIBER OPTIC, ELECTRONIC, 1,347
MAGNETIC, OPTICAL, DIGITAL, OR ANALOG METHOD. 1,348
(Y) "TELECOMMUNICATIONS DEVICE" MEANS ANY INSTRUMENT, 1,351
31
EQUIPMENT, MACHINE, OR OTHER DEVICE THAT FACILITATES 1,352
TELECOMMUNICATION, INCLUDING, BUT NOT LIMITED TO, A COMPUTER, 1,353
COMPUTER NETWORK, COMPUTER CHIP, COMPUTER CIRCUIT, SCANNER, 1,354
TELEPHONE, CELLULAR TELEPHONE, PAGER, PERSONAL COMMUNICATIONS 1,355
DEVICE, TRANSPONDER, RECEIVER, RADIO, MODEM, OR DEVICE THAT 1,356
ENABLES THE USE OF A MODEM.
(Z) "TELECOMMUNICATIONS SERVICE" MEANS THE PROVIDING, 1,359
ALLOWING, FACILITATING, OR GENERATING OF ANY FORM OF 1,360
TELECOMMUNICATION THROUGH THE USE OF A TELECOMMUNICATIONS DEVICE 1,361
OVER A TELECOMMUNICATIONS SYSTEM.
(AA) "COUNTERFEIT TELECOMMUNICATIONS DEVICE" MEANS A 1,364
TELECOMMUNICATIONS DEVICE THAT, ALONE OR WITH ANOTHER 1,365
TELECOMMUNICATIONS DEVICE, HAS BEEN ALTERED, CONSTRUCTED, 1,366
MANUFACTURED, OR PROGRAMMED TO ACQUIRE, INTERCEPT, RECEIVE, OR
OTHERWISE FACILITATE THE USE OF A TELECOMMUNICATIONS SERVICE 1,368
WITHOUT THE AUTHORITY OR CONSENT OF THE PROVIDER OF THE 1,369
TELECOMMUNICATIONS SERVICE. "COUNTERFEIT TELECOMMUNICATIONS 1,370
DEVICE" INCLUDES, BUT IS NOT LIMITED TO, A CLONE TELEPHONE, CLONE 1,371
MICROCHIP, TUMBLER TELEPHONE, OR TUMBLER MICROCHIP; A WIRELESS 1,372
SCANNING DEVICE CAPABLE OF ACQUIRING, INTERCEPTING, RECEIVING, OR 1,373
OTHERWISE FACILITATING THE USE OF TELECOMMUNICATIONS SERVICE 1,374
WITHOUT IMMEDIATE DETECTION; OR A DEVICE, EQUIPMENT, HARDWARE, OR 1,375
SOFTWARE DESIGNED FOR, OR CAPABLE OF, ALTERING OR CHANGING THE 1,376
ELECTRONIC SERIAL NUMBER IN A WIRELESS TELEPHONE. 1,377
Sec. 2913.04. (A) No person shall knowingly use or 1,386
operate the property of another without the consent of the owner 1,387
or person authorized to give consent. 1,388
(B) No person shall knowingly gain access to, attempt to 1,390
gain access to, or cause access to be gained to any computer, 1,391
computer system, or computer network, TELECOMMUNICATIONS DEVICE, 1,393
OR TELECOMMUNICATIONS SERVICE without the consent of, or beyond 1,394
the scope of the express or implied consent of, the owner of the 1,395
computer, computer system, or computer network,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE or other 1,396
32
person authorized to give consent by the owner. 1,398
(C) The affirmative defenses contained in division (C) of 1,400
section 2913.03 of the Revised Code are affirmative defenses to a 1,401
charge under this section. 1,402
(D) Whoever violates division (A) of this section is 1,405
guilty of unauthorized use of property. Except as otherwise
provided in this division, unauthorized use of property is a 1,406
misdemeanor of the fourth degree. 1,407
If unauthorized use of property is committed for the 1,409
purpose of devising or executing a scheme to defraud or to obtain 1,410
property or services, unauthorized use of property is whichever 1,411
of the following is applicable:
(1) Except as otherwise provided in division (D)(2), (3), 1,413
or (4) of this section, a misdemeanor of the first degree. 1,414
(2) If the value of the property or services or the loss 1,416
to the victim is five hundred dollars or more and is less than 1,417
five thousand dollars, a felony of the fifth degree. 1,418
(3) If the value of the property or services or the loss 1,420
to the victim is five thousand dollars or more and is less than 1,421
one hundred thousand dollars, a felony of the fourth degree. 1,422
(4) If the value of the property or services or the loss 1,424
to the victim is one hundred thousand dollars or more, a felony 1,425
of the third degree. 1,426
(E) Whoever violates division (B) of this section is 1,428
guilty of unauthorized use of computer OR TELECOMMUNICATION 1,429
property, a felony of the fifth degree. 1,430
Sec. 2913.05. (A) NO PERSON, HAVING DEVISED A SCHEME TO 1,432
DEFRAUD, SHALL KNOWINGLY DISSEMINATE, TRANSMIT, OR CAUSE TO BE 1,434
DISSEMINATED OR TRANSMITTED BY MEANS OF WIRE, RADIO, SATELLITE, 1,436
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR 1,437
TELECOMMUNICATIONS SERVICE ANY WRITING, DATA, SIGN, SIGNAL,
PICTURE, SOUND, OR IMAGE WITH PURPOSE TO EXECUTE OR OTHERWISE 1,438
FURTHER THE SCHEME TO DEFRAUD. 1,439
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 1,442
33
TELECOMMUNICATIONS FRAUD. EXCEPT AS OTHERWISE PROVIDED IN THIS 1,443
DIVISION, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FIFTH 1,444
DEGREE. IF THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR 1,445
OF THE DETRIMENT TO THE VICTIM OF THE FRAUD IS FIVE THOUSAND 1,446
DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND DOLLARS, 1,447
TELECOMMUNICATIONS FRAUD IS A FELONY OF THE FOURTH DEGREE. IF 1,448
THE VALUE OF THE BENEFIT OBTAINED BY THE OFFENDER OR OF THE 1,449
DETRIMENT TO THE VICTIM OF THE FRAUD IS ONE HUNDRED THOUSAND 1,450
DOLLARS OR MORE, TELECOMMUNICATIONS FRAUD IS A FELONY OF THE 1,451
THIRD DEGREE.
Sec. 2913.06. (A) NO PERSON SHALL KNOWINGLY MANUFACTURE, 1,453
POSSESS, DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT 1,454
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE IT CRIMINALLY. 1,455
(B) NO PERSON SHALL KNOWINGLY MANUFACTURE, POSSESS, 1,458
DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT 1,459
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE THAT DEVICE OR TO
ALLOW THAT DEVICE TO BE USED, OR KNOWING OR HAVING REASON TO KNOW 1,461
THAT ANOTHER PERSON MAY USE THAT DEVICE, TO DO ANY OF THE
FOLLOWING: 1,462
(1) OBTAIN OR ATTEMPT TO OBTAIN TELECOMMUNICATIONS SERVICE 1,464
WITH PURPOSE TO AVOID A LAWFUL CHARGE FOR THAT SERVICE OR AID OR 1,466
CAUSE ANOTHER PERSON TO OBTAIN OR ATTEMPT TO OBTAIN
TELECOMMUNICATIONS SERVICE WITH PURPOSE TO AVOID A LAWFUL CHARGE 1,467
FOR THAT SERVICE; 1,468
(2) CONCEAL THE EXISTENCE, PLACE OF ORIGIN, OR DESTINATION 1,471
OF A TELECOMMUNICATIONS SERVICE.
(C) WHOEVER VIOLATES THIS SECTION IS GUILTY OF UNLAWFUL 1,474
USE OF A TELECOMMUNICATIONS DEVICE, A FELONY OF THE FIFTH DEGREE. 1,475
(D) THIS SECTION DOES NOT PROHIBIT OR RESTRICT A PERSON 1,478
WHO HOLDS AN AMATEUR SERVICE LICENSE ISSUED BY THE FEDERAL 1,479
COMMUNICATIONS COMMISSION FROM POSSESSING A RADIO RECEIVER OR 1,480
TRANSCEIVER THAT IS INTENDED PRIMARILY OR EXCLUSIVELY FOR USE IN 1,481
THE AMATEUR RADIO SERVICE AND IS USED FOR LAWFUL PURPOSES. 1,482
(E) THIS SECTION DOES NOT PRECLUDE A PERSON FROM DISPUTING 1,484
34
CHARGES IMPOSED FOR TELECOMMUNICATIONS SERVICE BY THE PROVIDER OF 1,485
THAT SERVICE. 1,486
Sec. 2913.07. (A) NO PERSON, WITHOUT PRIVILEGE TO DO SO, 1,489
SHALL KNOWINGLY INTRODUCE OR CAUSE THE INTRODUCTION OF
INFORMATION, KNOWLEDGE, FACTS, CONCEPTS, INSTRUCTIONS, OR A 1,490
COMPUTER PROGRAM INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER 1,491
NETWORK, COMPUTER PROGRAM, OR COMPUTER SOFTWARE WITH THE PURPOSE 1,492
TO AFFECT THE PERFORMANCE OF, OR TO DISABLE, DAMAGE, OR DESTROY, 1,494
A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, COMPUTER PROGRAM, 1,495
OR COMPUTER SOFTWARE.
(B) WHOEVER VIOLATES THIS SECTION IS GUILTY OF 1,498
INTENTIONALLY CAUSING A COMPUTER VIRUS. EXCEPT AS OTHERWISE
PROVIDED IN THIS DIVISION, INTENTIONALLY CAUSING A COMPUTER VIRUS 1,500
IS A FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE BENEFIT 1,501
OBTAINED BY THE OFFENDER OR THE DETRIMENT TO THE VICTIM OF THE 1,502
COMPUTER VIRUS IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE 1,503
HUNDRED THOUSAND DOLLARS, INTENTIONALLY CAUSING A COMPUTER VIRUS 1,504
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 1,505
COMPUTER VIRUS IS ONE HUNDRED THOUSAND DOLLARS OR MORE, 1,506
INTENTIONALLY CAUSING A COMPUTER VIRUS IS A FELONY OF THE THIRD 1,507
DEGREE.
Sec. 2913.42. (A) No person, knowing the person has no 1,516
privilege to do so, and with purpose to defraud or knowing that 1,517
the person is facilitating a fraud, shall do any of the 1,518
following:
(1) Falsify, destroy, remove, conceal, alter, deface, or 1,520
mutilate any writing, computer software, data, computer data, or 1,522
record;
(2) Utter any writing or record, knowing it to have been 1,524
tampered with as provided in division (A)(1) of this section. 1,525
(B)(1) Whoever violates this section is guilty of 1,527
tampering with records.
(2) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 1,529
35
SECTION, IF the offense does not involve data OR COMPUTER 1,530
SOFTWARE, tampering with records is whichever of the following is 1,532
applicable:
(a) If division (B)(2)(b) of this section does not apply, 1,534
a misdemeanor of the first degree; 1,535
(b) If the writing or record is a will unrevoked at the 1,537
time of the offense or a record kept by or belonging to a 1,538
governmental agency, a felony of the fifth degree. 1,539
(3) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS 1,541
SECTION, IF the offense involves a violation of division (A) of 1,542
this section involving data OR COMPUTER SOFTWARE, tampering with 1,543
records is whichever of the following is applicable: 1,545
(a) Except as otherwise provided in division (B)(3)(b), 1,547
(c), or (d) of this section, a misdemeanor of the first degree; 1,548
(b) If the value of the data OR COMPUTER SOFTWARE involved 1,550
in the offense or the loss to the victim is five hundred dollars 1,552
or more and is less than five thousand dollars, a felony of the 1,553
fifth degree;
(c) If the value of the data OR COMPUTER SOFTWARE involved 1,555
in the offense or the loss to the victim is five thousand dollars 1,557
or more and is less than one hundred thousand dollars, a felony 1,558
of the fourth degree;
(d) If the value of the data OR COMPUTER SOFTWARE involved 1,560
in the offense or the loss to the victim is one hundred thousand 1,562
dollars or more or if the offense is committed for the purpose of 1,563
devising or executing a scheme to defraud or to obtain property 1,564
or services and the value of the property or services or the loss 1,565
to the victim is five thousand dollars or more, a felony of the 1,567
third degree.
(4) IF THE WRITING, DATA, COMPUTER SOFTWARE, OR RECORD IS 1,570
KEPT BY OR BELONGS TO A LOCAL, STATE, OR FEDERAL GOVERNMENTAL
ENTITY, A FELONY OF THE THIRD DEGREE. 1,571
Sec. 2913.61. (A) When a person is charged with a theft 1,580
offense involving property or services valued at five hundred 1,582
36
dollars or more, a theft offense involving property or services 1,583
valued at five hundred dollars or more and less than five 1,584
thousand dollars, a theft offense involving property or services 1,585
valued at five thousand dollars or more and less than one hundred 1,586
thousand dollars, or a theft offense involving property or 1,587
services valued at one hundred thousand dollars or more, the jury 1,588
or court trying the accused shall determine the value of the 1,589
property or services as of the time of the offense and, if a 1,590
guilty verdict is returned, shall return the finding of value as 1,591
part of the verdict. In any case in which the jury or court 1,592
determines that the value of the property or services at the time 1,593
of the offense was five hundred dollars or more, it is 1,594
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 1,595
value of the property or services involved was, five hundred 1,596
dollars or more and less than five thousand dollars, was five 1,598
thousand dollars or more and less than one hundred thousand 1,599
dollars, or was one hundred thousand dollars or more.
(B) Where IF more than one item of property or services is 1,601
involved in a theft offense, the value of the property or 1,602
services involved for the purpose of determining the value as 1,603
required by division (A) of this section, is the aggregate value 1,604
of all property or services involved in the offense. 1,605
(C)(1) When a series of offenses under section 2913.02 of 1,607
the Revised Code is committed by the offender in the offender's 1,608
same employment, capacity, or relationship to another, all such 1,609
OF THOSE offenses shall be tried as a single offense, and the 1,611
value of the property or services involved for the purpose of 1,612
determining the value as required by division (A) of this 1,613
section, is the aggregate value of all property and services 1,614
involved in all offenses in the series. In prosecuting a single 1,615
offense under this division, it is not necessary to separately 1,616
allege and prove each offense in the series. It is sufficient to 1,617
allege and prove that the offender, within a given span of time, 1,618
37
committed one or more theft offenses in the offender's same 1,619
employment, capacity, or relationship to another. 1,620
(2) IF AN OFFENDER IS BEING TRIED FOR THE COMMISSION OF A 1,623
SERIES OF OFFENSES UNDER SECTION 2913.02 OF THE REVISED CODE 1,625
AGAINST MORE THAN ONE VICTIM PURSUANT TO A SCHEME OR COURSE OF 1,626
CONDUCT, THE VALUE OF THE PROPERTY OR SERVICES INVOLVED, FOR THE 1,628
PURPOSE OF DETERMINING THE VALUE AS REQUIRED BY DIVISION (A) OF 1,629
THIS SECTION, IS THE AGGREGATE VALUE OF ALL PROPERTY AND SERVICES 1,630
INVOLVED IN THE SERIES OF OFFENSES. 1,631
(D) The following criteria shall be used in determining 1,633
the value of property or services involved in a theft offense: 1,634
(1) The value of an heirloom, memento, collector's item, 1,636
antique, museum piece, manuscript, document, record, or other 1,637
thing that has intrinsic worth to its owner and that either is 1,639
irreplaceable or is replaceable only on the expenditure of 1,640
substantial time, effort, or money, is the amount that would 1,641
compensate the owner for its loss. 1,642
(2) The value of personal effects and household goods, and 1,644
of materials, supplies, equipment, and fixtures used in the 1,645
profession, business, trade, occupation, or avocation of its 1,646
owner, which property is not covered under division (D)(1) of 1,647
this section and which retains substantial utility for its 1,648
purpose regardless of its age or condition, is the cost of 1,649
replacing the property with new property of like kind and 1,650
quality. 1,651
(3) The value of any property, real or personal, PROPERTY 1,653
THAT IS not covered under division (D)(1) or (2) of this section, 1,655
and the value of services, is the fair market value of the 1,656
property or services. As used in this section, "fair market 1,657
value" is the money consideration that a buyer would give and a 1,658
seller would accept for property or services, assuming that the 1,659
buyer is willing to buy and the seller is willing to sell, that 1,660
both are fully informed as to all facts material to the 1,661
transaction, and that neither is under any compulsion to act. 1,662
38
(E) Without limitation on the evidence that may be used to 1,664
establish the value of property or services involved in a theft 1,665
offense:
(1) When the property involved is personal property held 1,667
for sale at wholesale or retail, the price at which the property 1,668
was held for sale is prima-facie evidence of its value. 1,669
(2) When the property involved is a security or commodity 1,671
traded on an exchange, the closing price or, if there is no 1,672
closing price, the asked price, given in the latest market 1,673
quotation prior to the offense, is prima-facie evidence of the 1,674
value of the security or commodity. 1,675
(3) When the property involved is livestock, poultry, or 1,677
raw agricultural products for which a local market price is 1,678
available, the latest local market price prior to the offense is 1,679
prima-facie evidence of the value of the livestock, poultry, or 1,680
products. 1,681
(4) When the property involved is a negotiable instrument, 1,683
the face value is prima-facie evidence of the value of the 1,684
instrument. 1,685
(5) When the property involved is a warehouse receipt, 1,687
bill of lading, pawn ticket, claim check, or other instrument 1,688
entitling the holder or bearer to receive property, the face 1,689
value or, if there is no face value, the value of the property 1,690
covered by the instrument less any payment necessary to receive 1,691
the property, is prima-facie evidence of the value of the 1,692
instrument. 1,693
(6) When the property involved is a ticket of admission, 1,695
ticket for transportation, coupon, token, or other instrument 1,696
entitling the holder or bearer to receive property or services, 1,697
the face value or, if there is no face value, the value of the 1,698
property or services that may be received thereby, BY THE 1,699
INSTRUMENT is prima-facie evidence of the value of the 1,701
instrument.
(7) When the services involved are gas, electricity, 1,703
39
water, telephone, transportation, shipping, or other services for 1,704
which the rate is established by law, the duly established rate 1,705
is prima-facie evidence of the value of the services. 1,706
(8) When the services involved are services for which the 1,708
rate is not established by law, and the offender has been 1,709
notified prior to the offense of the rate for the services, 1,710
either in writing, or orally, or by posting in a manner 1,711
reasonably calculated to come to the attention of potential 1,712
offenders, the rate contained in the notice is prima-facie 1,713
evidence of the value of the services. 1,714
Sec. 2917.21. (A) No person shall knowingly make or cause 1,723
to be made a telephone call TELECOMMUNICATION, or knowingly 1,724
permit a telephone call TELECOMMUNICATION to be made from a 1,726
telephone TELECOMMUNICATIONS DEVICE under the person's control, 1,727
to another, if the caller does any of the following: 1,728
(1) Fails to identify the caller to the recipient of the 1,730
telephone call TELECOMMUNICATION and makes the telephone call 1,732
TELECOMMUNICATION with purpose to harass, OR abuse, or annoy any 1,733
person at the premises to which the telephone call 1,734
TELECOMMUNICATION is made, whether or not conversation ACTUAL 1,736
COMMUNICATION takes place during the telephone call BETWEEN THE 1,737
CALLER AND A RECIPIENT;
(2) Describes, suggests, requests, or proposes that the 1,739
caller, THE recipient of the telephone call TELECOMMUNICATION, or 1,741
any other person engage in any sexual activity as defined in 1,742
division (C) of section 2907.01 of the Revised Code, and the 1,743
recipient of the telephone call, or another person at the 1,744
premises to which the telephone call TELECOMMUNICATION is made, 1,745
has requested, in a previous telephone mcll TELECOMMUNICATION or 1,747
in the immediate telephone call TELECOMMUNICATION, THAT the 1,748
caller not to make a telephone call TELECOMMUNICATION to the 1,749
recipient of the telephone call or to the premises to which the 1,751
telephone call TELECOMMUNICATION is made;
(3) During the telephone call TELECOMMUNICATION, violates 1,753
40
section 2903.21 of the Revised Code; 1,755
(4) Knowingly states to the recipient of the telephone 1,757
call TELECOMMUNICATION that the caller intends to cause damage to 1,758
or destroy public or private property, and the recipient of the 1,761
telephone call, any member of the RECIPIENT'S family of the 1,762
recipient of the telephone call, or any other person who resides 1,764
at the premises to which the telephone call TELECOMMUNICATION is 1,765
made owns, leases, resides, or works in, will at the time of the 1,767
destruction or damaging be near or in, has the responsibility of 1,768
protecting, or insures the property that will be destroyed or 1,769
damaged;
(5) Knowingly makes the telephone call TELECOMMUNICATION 1,771
to the recipient of the telephone call TELECOMMUNICATION, to 1,773
another person at the premises to which the telephone call 1,775
TELECOMMUNICATION is made, or to the THOSE premises to which the 1,776
telephone call is made, and the recipient of the telephone call, 1,777
or another person at the THOSE premises to which the telephone 1,779
call is made, previously has told the caller not to call the MAKE 1,780
A TELECOMMUNICATION TO THOSE premises to which the telephone call 1,782
is made or not to call any persons at the THOSE premises to which 1,784
the telephone call is made.
(B) No person shall make or cause to be made a telephone 1,786
call TELECOMMUNICATION, or permit a telephone call 1,787
TELECOMMUNICATION to be made from a telephone TELECOMMUNICATIONS 1,789
DEVICE under the person's control, with purpose to abuse, 1,790
threaten, annoy, or harass another person. 1,791
(C)(1) Whoever violates this section is guilty of 1,793
telephone TELECOMMUNICATIONS harassment. 1,794
(2) A violation of division (A)(1), (2), (3), or (5) or 1,796
(B) of this section is a misdemeanor of the first degree on a 1,797
first offense and a felony of the fifth degree on each subsequent 1,799
offense involving the same person, recipient, or premises. 1,800
(3) Except as otherwise provided in division (C)(3) of 1,802
this section, a violation of division (A)(4) of this section is a 1,803
41
misdemeanor of the first degree on a first offense and a felony 1,804
of the fifth degree on each subsequent offense. If a violation 1,805
of division (A)(4) of this section results in economic harm of 1,807
five hundred dollars or more but less than five thousand dollars, 1,808
telephone TELECOMMUNICATIONS harassment is a felony of the fifth 1,809
degree. If a violation of division (A)(4) of this section 1,810
results in economic harm of five thousand dollars or more but 1,811
less than one hundred thousand dollars, telephone 1,812
TELECOMMUNICATIONS harassment is a felony of the fourth degree. 1,813
If a violation of division (A)(4) of this section results in 1,814
economic harm of one hundred thousand dollars or more, telephone 1,815
TELECOMMUNICATIONS harassment is a felony of the third degree. 1,817
(D) As used in this section,: 1,819
(1) "economic ECONOMIC harm" means all direct, incidental, 1,822
and consequential pecuniary harm suffered by a victim as a result 1,823
of criminal conduct. "Economic harm" includes, but is not 1,824
limited to, all of the following: 1,825
(1)(a) All wages, salaries, or other compensation lost as 1,827
a result of the criminal conduct; 1,829
(2)(b) The cost of all wages, salaries, or other 1,831
compensation paid to employees for time those employees are 1,833
prevented from working as a result of the criminal conduct; 1,834
(3)(c) The overhead costs incurred for the time that a 1,836
business is shut down as a result of the criminal conduct; 1,838
(4)(d) The loss of value to tangible or intangible 1,840
property that was damaged as a result of the criminal conduct. 1,842
(2) "CALLER" MEANS THE PERSON DESCRIBED IN DIVISION (A) OF 1,845
THIS SECTION WHO MAKES OR CAUSES TO BE MADE A TELECOMMUNICATION 1,846
OR WHO PERMITS A TELECOMMUNICATION TO BE MADE FROM A 1,847
TELECOMMUNICATIONS DEVICE UNDER THAT PERSON'S CONTROL. 1,848
(3) "TELECOMMUNICATION" AND "TELECOMMUNICATIONS DEVICE" 1,850
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 1,853
(4) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 1,855
2907.01 OF THE REVISED CODE. 1,857
42
(E) Nothing in this section prohibits a person from making 1,859
a telephone call TELECOMMUNICATION to a debtor that is in 1,860
compliance with the "Fair Debt Collection Practices Act," 91 1,862
Stat. 874 (1977), 15 U.S.C. 1692, as amended, or the "Telephone 1,863
Consumer Protection Act," 105 Stat. 2395 (1991), 47 U.S.C. 227, 1,864
as amended.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of 1,871
the Revised Code: 1,872
(A) "Beneficial interest" means any of the following: 1,874
(1) The interest of a person as a beneficiary under a 1,876
trust in which the trustee holds title to personal or real 1,877
property; 1,878
(2) The interest of a person as a beneficiary under any 1,880
other trust arrangement under which any other person holds title 1,881
to personal or real property for the benefit of such person; 1,882
(3) The interest of a person under any other form of 1,884
express fiduciary arrangement under which any other person holds 1,885
title to personal or real property for the benefit of such 1,886
person.
"Beneficial interest" does not include the interest of a 1,888
stockholder in a corporation or the interest of a partner in 1,889
either a general or limited partnership. 1,890
(B) "Costs of investigation and prosecution" and "costs of 1,892
investigation and litigation" mean all of the costs incurred by 1,893
the state or a county or municipal corporation under sections 1,894
2923.31 to 2923.36 of the Revised Code in the prosecution and 1,895
investigation of any criminal action or in the litigation and 1,896
investigation of any civil action, and includes, but is not 1,897
limited to, the costs of resources and personnel. 1,898
(C) "Enterprise" includes any individual, sole 1,900
proprietorship, partnership, limited partnership, corporation, 1,901
trust, union, government agency, or other legal entity, or any 1,902
organization, association, or group of persons associated in fact 1,903
although not a legal entity. "Enterprise" includes illicit as 1,904
43
well as licit enterprises. 1,905
(D) "Innocent person" includes any bona fide purchaser of 1,907
property that is allegedly involved in a violation of section 1,908
2923.32 of the Revised Code, including any person who establishes 1,909
a valid claim to or interest in the property in accordance with 1,910
division (E) of section 2923.32 of the Revised Code, and any 1,911
victim of an alleged violation of that section or of any 1,912
underlying offense involved in an alleged violation of that 1,913
section. 1,914
(E) "Pattern of corrupt activity" means two or more 1,916
incidents of corrupt activity, whether or not there has been a 1,917
prior conviction, that are related to the affairs of the same 1,918
enterprise, are not isolated, and are not so closely related to 1,919
each other and connected in time and place that they constitute a 1,920
single event. 1,921
At least one of the incidents forming the pattern shall 1,923
occur on or after January 1, 1986. Unless any incident was an 1,924
aggravated murder or murder, the last of the incidents forming 1,925
the pattern shall occur within six years after the commission of 1,926
any prior incident forming the pattern, excluding any period of 1,927
imprisonment served by any person engaging in the corrupt 1,928
activity. 1,929
For the purposes of the criminal penalties that may be 1,931
imposed pursuant to section 2923.32 of the Revised Code, at least 1,932
one of the incidents forming the pattern shall constitute a 1,933
felony under the laws of this state in existence at the time it 1,934
was committed or, if committed in violation of the laws of the 1,936
United States or of any other state, shall constitute a felony 1,937
under the law of the United States or the other state and would 1,938
be a criminal offense under the law of this state if committed in 1,939
this state.
(F) "Pecuniary value" means money, a negotiable 1,941
instrument, a commercial interest, or anything of value, as 1,942
defined in section 1.03 of the Revised Code, or any other 1,943
44
property or service that has a value in excess of one hundred 1,944
dollars. 1,945
(G) "Person" means any person, as defined in section 1.59 1,947
of the Revised Code, and any governmental officer, employee, or 1,948
entity. 1,949
(H) "Personal property" means any personal property, any 1,951
interest in personal property, or any right, including, but not 1,952
limited to, bank accounts, debts, corporate stocks, patents, or 1,953
copyrights. Personal property and any beneficial interest in 1,954
personal property are deemed to be located where the trustee of 1,955
the property, the personal property, or the instrument evidencing 1,956
the right is located. 1,957
(I) "Corrupt activity" means engaging in, attempting to 1,959
engage in, conspiring to engage in, or soliciting, coercing, or 1,960
intimidating another person to engage in any of the following: 1,961
(1) Conduct defined as "racketeering activity" under the 1,963
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. 1,964
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; 1,965
(2) Conduct constituting any of the following: 1,967
(a) A violation of section 1315.55, 1322.02, 2903.01, 1,969
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 1,970
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 1,971
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 1,972
2913.06, 2913.07, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 1,976
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division 1,977
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) 1,978
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of 1,979
section 1707.44; division (A)(1) or (2) of section 2923.20; 1,980
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or 1,981
4719.06; division (C), (D), or (E) of section 4719.07; section 1,982
4719.08; or division (A) of section 4719.09 of the Revised Code. 1,983
(b) Any violation of section 3769.11, 3769.15, 3769.16, or 1,985
3769.19 of the Revised Code as it existed prior to July 1, 1996, 1,986
any violation of section 2915.02 of the Revised Code that occurs 1,987
45
on or after July 1, 1996, and that, had it occurred prior to that 1,988
date, would have been a violation of section 3769.11 of the 1,989
Revised Code as it existed prior to that date, or any violation 1,990
of section 2915.05 of the Revised Code that occurs on or after 1,991
July 1, 1996, and that, had it occurred prior to that date, would 1,992
have been a violation of section 3769.15, 3769.16, or 3769.19 of 1,993
the Revised Code as it existed prior to that date. 1,994
(c) Any violation of section 2907.21, 2907.22, 2907.31, 1,996
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 1,997
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 1,998
of the Revised Code, any violation of section 2925.11 of the 1,999
Revised Code that is a felony of the first, second, third, or 2,000
fourth degree and that occurs on or after July 1, 1996, any 2,001
violation of section 2915.02 of the Revised Code that occurred 2,002
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 2,003
it occurred prior to that date, would not have been a violation 2,005
of section 3769.11 of the Revised Code as it existed prior to 2,006
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 2,008
(B) of section 2915.05 of the Revised Code as it exists on and 2,009
after July 1, 1996, when the proceeds of the violation, the
payments made in the violation, the amount of a claim for payment 2,010
or for any other benefit that is false or deceptive and that is 2,011
involved in the violation, or the value of the contraband or 2,012
other property illegally possessed, sold, or purchased in the 2,013
violation exceeds five hundred dollars, or any combination of 2,014
violations described in division (I)(2)(c) of this section when 2,015
the total proceeds of the combination of violations, payments 2,016
made in the combination of violations, amount of the claims for 2,017
payment or for other benefits that is false or deceptive and that 2,018
is involved in the combination of violations, or value of the 2,019
contraband or other property illegally possessed, sold, or 2,020
purchased in the combination of violations exceeds five hundred 2,021
46
dollars;
(d) Any violation of section 5743.112 of the Revised Code 2,023
when the amount of unpaid tax exceeds one hundred dollars; 2,024
(e) Any violation or combination of violations of section 2,026
2907.32 of the Revised Code involving any material or performance 2,027
containing a display of bestiality or of sexual conduct, as 2,028
defined in section 2907.01 of the Revised Code, that is explicit 2,029
and depicted with clearly visible penetration of the genitals or 2,030
clearly visible penetration by the penis of any orifice when the 2,031
total proceeds of the violation or combination of violations, the 2,032
payments made in the violation or combination of violations, or 2,033
the value of the contraband or other property illegally 2,034
possessed, sold, or purchased in the violation or combination of 2,035
violations exceeds five hundred dollars; 2,036
(f) Any combination of violations described in division 2,038
(I)(2)(c) of this section and violations of section 2907.32 of 2,040
the Revised Code involving any material or performance containing 2,041
a display of bestiality or of sexual conduct, as defined in 2,042
section 2907.01 of the Revised Code, that is explicit and 2,043
depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the 2,044
total proceeds of the combination of violations, payments made in 2,045
the combination of violations, amount of the claims for payment 2,046
or for other benefits that is false or deceptive and that is 2,047
involved in the combination of violations, or value of the 2,048
contraband or other property illegally possessed, sold, or 2,049
purchased in the combination of violations exceeds five hundred 2,050
dollars. 2,051
(3) Conduct constituting a violation of any law of any 2,053
state other than this state that is substantially similar to the 2,054
conduct described in division (I)(2) of this section, provided 2,055
the defendant was convicted of the conduct in a criminal 2,056
proceeding in the other state. 2,057
(J) "Real property" means any real property or any 2,059
47
interest in real property, including, but not limited to, any 2,060
lease of, or mortgage upon, real property. Real property and any 2,061
beneficial interest in it is deemed to be located where the real 2,062
property is located. 2,063
(K) "Trustee" means any of the following: 2,065
(1) Any person acting as trustee under a trust in which 2,067
the trustee holds title to personal or real property; 2,068
(2) Any person who holds title to personal or real 2,070
property for which any other person has a beneficial interest; 2,071
(3) Any successor trustee. 2,073
"Trustee" does not include an assignee or trustee for an 2,075
insolvent debtor or an executor, administrator, administrator 2,076
with the will annexed, testamentary trustee, guardian, or 2,077
committee, appointed by, under the control of, or accountable to 2,079
a court.
(L) "Unlawful debt" means any money or other thing of 2,081
value constituting principal or interest of a debt that is 2,082
legally unenforceable in this state in whole or in part because 2,083
the debt was incurred or contracted in violation of any federal 2,084
or state law relating to the business of gambling activity or 2,085
relating to the business of lending money at an usurious rate 2,086
unless the creditor proves, by a preponderance of the evidence, 2,087
that the usurious rate was not intentionally set and that it 2,088
resulted from a good faith error by the creditor, notwithstanding 2,089
the maintenance of procedures that were adopted by the creditor 2,090
to avoid an error of that nature. 2,091
Section 2. That existing sections 2901.01, 2901.11, 2,093
2901.12, 2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2,094
2913.01, 2913.04, 2913.42, 2913.61, 2917.21, and 2923.31 of the 2,096
Revised Code are hereby repealed.
Section 3. In amending section 2907.31 of the Revised Code 2,098
in this act, it is the intent of the General Assembly to codify 2,099
in divisions (A)(1)(a) and (b) of that section the holdings of 2,100
the Court of Appeals for Hamilton County in State v. Loshin 2,101
48
(1980), 19 O.O. 3d 141, 142-143 (Ct. App. Hamilton Cty.) and in 2,102
State v. Zeh (1982), 7 Ohio App. 3d 235, 237 (motion for leave to 2,104
appeal to Sup. Ct. overruled 12/22/82) that the phrase "present 2,105
to a juvenile" in those divisions means "a direct presentation to 2,106
a specific juvenile or group of juveniles as opposed to a 2,107
presentation to the general public" and, as so construed, does 2,108
not conflict with the United States Constitution or the Ohio 2,109
Constitution.