As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 2 5
1999-2000 6
REPRESENTATIVES TIBERI-JAMES-THOMAS-TAYLOR-PATTON- 8
GRENDELL-HAINES-PRINGLE-VESPER-JONES-COUGHLIN- 9
JERSE-LUCAS-BRADING-JACOBSON-ROMAN-HEALY-O'BRIEN- 10
BOYD-MOTTLEY-EVANS-METELSKY-MYERS-TERWILLEGER-OPFER- 11
HOOPS-YOUNG-HOUSEHOLDER-GOODMAN-CALLENDER-DAMSCHRODER- 12
CORBIN-CLANCY-BUCHY-GARDNER-KREBS-CATES-WILLAMOWSKI- 13
HARRIS-METZGER-JOLIVETTE-OLMAN-WOMER BENJAMIN-MEAD- 14
BATEMAN-SCHULER-AMSTUTZ-SALERNO-MAIER-OGG-BENDER-LOGAN- 15
ALLEN-D.MILLER-BEATTY-WILSON-BRITTON-WESTON-CORE-PERZ- 16
BUEHRER-DePIERO 17
_________________________________________________________________ 19
A B I L L
To amend sections 301.27, 2913.01, 2913.02, 2913.03, 21
2913.04, 2913.21, 2913.31, and 2913.43 and to 22
enact section 2913.73 of the Revised Code to 23
enhance the penalty for committing the offenses 24
of theft, unauthorized use of a vehicle,
unauthorized use of property, misuse of credit 26
cards in specified circumstances, fraud, and
securing writings by deception when the victim of 28
the offense is an elderly person or disabled
adult who lacks the capacity to consent, to 29
permit for sentencing purposes the aggregation of 30
all property, services, losses to the victims, 31
and debts for which credit cards are held for
security involved in the commission of any of 32
those offenses as part of a course of conduct 33
involving those theft offenses when the victim of 35
the offense is an elderly person or disabled 36
adult who lacks the capacity to consent, and to
permit evidence that a victim lacked the capacity 37
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to give consent to be admitted in the prosecution 38
of a theft offense to show that the victim did 39
not give consent. 40
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 301.27, 2913.01, 2913.02, 44
2913.03, 2913.04, 2913.21, 2913.31, and 2913.43 be amended and 46
section 2913.73 of the Revised Code be enacted to read as 47
follows:
Sec. 301.27. (A) As used in this section: 56
(1) "Credit card" includes a gasoline credit card and a 58
telephone credit card. 59
(2) "Officer" includes an individual who also is an 61
appointing authority. 62
(3) "Gasoline and oil expenses," "minor motor vehicle 64
maintenance expenses," and "emergency motor vehicle repair 65
expenses" refer to only those expenses incurred for motor 66
vehicles owned or leased by the county. 67
(B) A credit card held by a board of county commissioners 69
or the office of any other county appointing authority shall be 70
used only to pay work-related food, gasoline and oil, minor motor 71
vehicle maintenance, emergency motor vehicle repair, telephone, 72
and lodging expenses. 73
(C) A county appointing authority may apply to the board 75
of county commissioners for authorization to have an officer or 76
employee of the appointing authority use a credit card held by 77
that appointing authority. The authorization request shall state 78
whether the card is to be issued only in the name of the office 79
of the appointing authority itself or whether the issued card 80
shall also include the name of a specified officer or employee. 81
(D) The debt incurred as a result of the use of a credit 83
card pursuant to this section shall be paid from moneys 84
appropriated to the appointing authority for work-related food, 85
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gasoline and oil, minor motor vehicle maintenance, emergency 86
motor vehicle repair, telephone, and lodging expenses. 87
(E)(1) Except as otherwise provided in division (E)(2) of 89
this section, every officer or employee authorized to use a 90
credit card held by the board or appointing authority shall 91
submit to the board by the first day of each month an estimate of 92
the officer's or employee's work-related food, gasoline and oil, 94
minor motor vehicle maintenance, emergency motor vehicle repair, 95
telephone, and lodging expenses for that month, unless the board 96
authorizes, by resolution, the officer or employee to submit to 97
the board such an estimate for a period longer than one month. 98
The board may revise the estimate and determine the amount it 99
approves, if any, not to exceed the estimated amount. The board 100
shall certify the amount of its determination to the county 101
auditor along with the necessary information for the auditor to 102
determine the appropriate appropriation line item from which such 103
expenditures are to be made. After receiving certification from 104
the county auditor that the determined sum of money is in the 105
treasury or in the process of collection to the credit of the 106
appropriate appropriation line item for which the credit card is 107
approved for use, and is free from previous and then-outstanding 108
obligations or certifications, the board shall authorize the 109
officer or employee to incur debt for such expenses against the 110
county's credit up to the authorized amount. 111
(2) In lieu of following the procedure set forth in 113
division (E)(1) of this section, a board of county commissioners 114
may adopt a resolution authorizing an officer or employee of an 115
appointing authority to use a county credit card to pay for 116
specific classes of the work-related expenses listed in division 117
(B) of this section, or use a specific credit card for any of 118
those work-related expenses listed in division (B) of this 119
section, without submitting an estimate of those expenses to the 120
board as required by division (E)(1) of this section. Prior to 121
adopting the resolution, the board shall notify the county 122
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auditor. The resolution shall specify whether the officer's or 123
employee's exemption extends to the use of a specific card, which 124
card shall be identified by its number, or to one or more 125
specific work-related uses from the classes of uses permitted 126
under division (B) of this section. Before any credit card 127
exempted for specific uses may be used to make purchases for uses 129
other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be 130
followed or the use shall be considered an unauthorized use. Use 131
of any credit card under division (E)(2) of this section shall be 132
limited to the amount appropriated and encumbered in a specific 133
appropriation line item for the permitted use or uses designated 134
in the authorizing resolution, or, in the case of a resolution 135
that authorizes use of a specific credit card, for each of the 136
permitted uses listed in division (B) of this section, but only 137
to the extent the moneys in such appropriations are not otherwise 138
encumbered. 139
(F)(1) Any time a county credit card approved for use for 141
an authorized amount under division (E)(1) of this section is 142
used for more than that authorized amount, the appointing 143
authority may request the board of county commissioners to 144
authorize after the fact the expenditure of any amount charged 145
beyond the originally authorized amount if, upon the board's 146
request, the county auditor certifies that sum of money is in the 147
treasury or in the process of collection to the credit of the 148
appropriate appropriation line item for which the credit card was 149
used and is free from previous and then-outstanding obligations 150
or certifications. If the card is used for more than the amount 151
originally authorized and if for any reason that amount is not 152
authorized after the fact, then the county treasury shall be 153
reimbursed for any amount spent beyond the originally authorized 154
amount in the following manner: 155
(a) If the card is issued in the name of a specific 157
officer or employee, then that officer or employee is liable in 158
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person and upon any official bond the officer or employee has 159
given to the county to reimburse the county treasury for the 161
amount charged to the county beyond the originally authorized 162
amount.
(b) If the card was issued to the office of the appointing 164
authority, then the appointing authority is liable in person and 165
upon any official bond the appointing authority has given to the 167
county for the amount charged to the county beyond the originally 168
authorized amount.
(2) Any time a county credit card authorized for use under 170
division (E)(2) of this section is used for more than the amount 171
appropriated under that division, the appointing authority may 172
request the board of county commissioners to issue a supplemental 173
appropriation or make a transfer to the proper line item account 174
as permitted in section 5705.40 of the Revised Code, to cover the 175
amount charged beyond the originally appropriated amount. If the 176
card is used for more than the amount originally appropriated and 177
if for any reason that amount is not appropriated or transferred 178
as permitted by this section, then the county treasury shall be 179
reimbursed for any amount spent beyond the originally 180
appropriated amount in the following manner: 181
(a) If the card is issued in the name of a specific 183
officer or employee, then that officer or employee is liable in 184
person and upon any official bond the officer or employee has 185
given to the county for reimbursing the county treasury for any 187
amount charged on the card beyond the originally appropriated 188
amount.
(b) If the card is issued in the name of the office of the 190
appointing authority, then the appointing authority is liable in 191
person and upon any official bond the appointing authority has 193
given to the county for reimbursement for any amount charged on 194
the card beyond the originally appropriated amount. 195
(3) Whenever any officer or employee authorized to use a 197
credit card held by the board or the office of any other county 198
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appointing authority suspects the loss, theft, or possibility of 199
unauthorized use of the county credit card the officer or 200
employee is authorized to use, the officer or employee shall so 202
notify the officer's or employee's appointing authority or the 203
board immediately and in writing. 204
(4) If the county auditor determines there has been a 206
credit card expenditure beyond the appropriated or authorized 207
amount as provided in division (E) of this section, the auditor 208
immediately shall notify the board of county commissioners of 210
this fact. When the board of county commissioners determines on 211
its own or after notification from the county auditor that the 212
county treasury should be reimbursed for credit card expenditures 213
beyond the appropriated or authorized amount as provided in 214
divisions (F)(1) and (2) of this section, it shall give written 215
notice to the officer or employee or appointing authority liable 217
to the treasury as provided in divisions (F)(1) and (2) of this 218
section. If, within thirty days after issuance of this written 219
notice the county treasury is not reimbursed for the amount shown 220
on the written notice, the prosecuting attorney of the county 221
shall recover that amount from the officer or employee or 222
appointing authority who is liable under this section by civil 223
action in any court of appropriate jurisdiction. 224
(G) Use of a county credit card for any use other than 226
those permitted under division (B) of this section is a violation 227
of law for the purposes of division (D) of section 2913.21 of the 229
Revised Code.
Sec. 2913.01. As used in this chapter, unless the context 238
requires that a term be given a different meaning: 239
(A) "Deception" means knowingly deceiving another or 241
causing another to be deceived by any false or misleading 242
representation, by withholding information, by preventing another 243
from acquiring information, or by any other conduct, act, or 244
omission that creates, confirms, or perpetuates a false 245
impression in another, including a false impression as to law, 246
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value, state of mind, or other objective or subjective fact. 247
(B) "Defraud" means to knowingly obtain, by deception, 249
some benefit for oneself or another, or to knowingly cause, by 250
deception, some detriment to another. 251
(C) "Deprive" means to do any of the following: 253
(1) Withhold property of another permanently, or for a 255
period that appropriates a substantial portion of its value or 256
use, or with purpose to restore it only upon payment of a reward 257
or other consideration; 258
(2) Dispose of property so as to make it unlikely that the 260
owner will recover it; 261
(3) Accept, use, or appropriate money, property, or 263
services, with purpose not to give proper consideration in return 264
for the money, property, or services, and without reasonable 265
justification or excuse for not giving proper consideration. 266
(D) "Owner" means, unless the context requires a different 268
meaning, any person, other than the actor, who is the owner of, 270
who has possession or control of, or who has any license or 272
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 273
(E) "Services" include labor, personal services, 275
professional services, public utility services, common carrier 276
services, and food, drink, transportation, entertainment, and 277
cable television services. 278
(F) "Writing" means any computer software, document, 280
letter, memorandum, note, paper, plate, data, film, or other 281
thing having in or upon it any written, typewritten, or printed 282
matter, and any token, stamp, seal, credit card, badge, 284
trademark, label, or other symbol of value, right, privilege, 285
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 287
part and by any means, any spurious writing, or to make, execute, 288
alter, complete, reproduce, or otherwise purport to authenticate 289
any writing, when the writing in fact is not authenticated by 290
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that conduct. 291
(H) "Utter" means to issue, publish, transfer, use, put or 293
send into circulation, deliver, or display. 294
(I) "Coin machine" means any mechanical or electronic 296
device designed to do both of the following: 297
(1) Receive a coin, bill, or token made for that purpose; 299
(2) In return for the insertion or deposit of a coin, 301
bill, or token, automatically dispense property, provide a 302
service, or grant a license. 303
(J) "Slug" means an object that, by virtue of its size, 305
shape, composition, or other quality, is capable of being 306
inserted or deposited in a coin machine as an improper substitute 307
for a genuine coin, bill, or token made for that purpose. 308
(K) "Theft offense" means any of the following: 310
(1) A violation of section 2911.01, 2911.02, 2911.11, 312
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 313
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 315
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 317
2913.47, former section 2913.47 or 2913.48, or section 2913.51, 318
2915.05, or 2921.41 of the Revised Code; 319
(2) A violation of an existing or former municipal 321
ordinance or law of this or any other state, or of the United 322
States, substantially equivalent to any section listed in 323
division (K)(1) of this section or a violation of section 324
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 325
prior to July 1, 1996;
(3) An offense under an existing or former municipal 327
ordinance or law of this or any other state, or of the United 328
States, involving robbery, burglary, breaking and entering, 329
theft, embezzlement, wrongful conversion, forgery, 330
counterfeiting, deceit, or fraud; 331
(4) A conspiracy or attempt to commit, or complicity in 333
committing, any offense under division (K)(1), (2), or (3) of 334
this section. 335
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(L) "Computer services" includes, but is not limited to, 337
the use of a computer system, computer network, computer program, 338
data that is prepared for computer use, or data that is contained 339
within a computer system or computer network. 340
(M) "Computer" means an electronic device that performs 342
logical, arithmetic, and memory functions by the manipulation of 343
electronic or magnetic impulses. "Computer" includes, but is not 344
limited to, all input, output, processing, storage, computer 345
program, or communication facilities that are connected, or 346
related, in a computer system or network to an electronic device 348
of that nature.
(N) "Computer system" means a computer and related 350
devices, whether connected or unconnected, including, but not 351
limited to, data input, output, and storage devices, data 352
communications links, and computer programs and data that make 353
the system capable of performing specified special purpose data 354
processing tasks. 355
(O) "Computer network" means a set of related and remotely 357
connected computers and communication facilities that includes 358
more than one computer system that has the capability to transmit 359
among the connected computers and communication facilities 360
through the use of computer facilities. 361
(P) "Computer program" means an ordered set of data 363
representing coded instructions or statements that, when executed 364
by a computer, cause the computer to process data. 365
(Q) "Computer software" means computer programs, 367
procedures, and other documentation associated with the operation 368
of a computer system. 369
(R) "Data" means a representation of information, 371
knowledge, facts, concepts, or instructions that are being or 372
have been prepared in a formalized manner and that are intended 373
for use in a computer, computer system, or computer network. For 375
purposes of section 2913.47 of the Revised Code, "data" has the 377
additional meaning set forth in division (A) of that section. 378
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(S) "Cable television service" means any services provided 380
by or through the facilities of any cable television system or 381
other similar closed circuit coaxial cable communications system, 382
or any microwave or similar transmission service used in 383
connection with any cable television system or other similar 384
closed circuit coaxial cable communications system. 385
(T) "Gain access" means to approach, instruct, communicate 387
with, store data in, retrieve data from, or otherwise make use of 388
any resources of a computer, computer system, or computer 389
network. 390
(U) "Credit card" includes, but is not limited to, a card, 392
code, device, or other means of access to a customer's account 393
for the purpose of obtaining money, property, labor, or services 394
on credit, or for initiating an electronic fund transfer at a 395
point-of-sale terminal, an automated teller machine, or a cash 396
dispensing machine. 397
(V) "Electronic fund transfer" has the same meaning as in 399
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 400
(W) "Rented property" means personal property in which the 402
right of possession and use of the property is for a short and 403
possibly indeterminate term in return for consideration; the 404
rentee generally controls the duration of possession of the 405
property, within any applicable minimum or maximum term; and the 406
amount of consideration generally is determined by the duration 407
of possession of the property.
(X) "Telecommunication" means the origination, emission, 410
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of 411
intelligence of any nature over any communications system by any 412
method, including, but not limited to, a fiber optic, electronic, 413
magnetic, optical, digital, or analog method. 414
(Y) "Telecommunications device" means any instrument, 417
equipment, machine, or other device that facilitates 418
telecommunication, including, but not limited to, a computer, 419
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computer network, computer chip, computer circuit, scanner, 420
telephone, cellular telephone, pager, personal communications 421
device, transponder, receiver, radio, modem, or device that 422
enables the use of a modem.
(Z) "Telecommunications service" means the providing, 425
allowing, facilitating, or generating of any form of 426
telecommunication through the use of a telecommunications device 427
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a 430
telecommunications device that, alone or with another 431
telecommunications device, has been altered, constructed, 432
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or 433
information service without the authority or consent of the 435
provider of the telecommunications service or information 436
service. "Counterfeit telecommunications device" includes, but 437
is not limited to, a clone telephone, clone microchip, tumbler 438
telephone, or tumbler microchip; a wireless scanning device 439
capable of acquiring, intercepting, receiving, or otherwise 440
facilitating the use of telecommunications service or information 441
service without immediate detection; or a device, equipment, 442
hardware, or software designed for, or capable of, altering or 443
changing the electronic serial number in a wireless telephone. 444
(BB)(1) "Information service" means, subject to division 447
(BB)(2) of this section, the offering of a capability for 449
generating, acquiring, storing, transforming, processing, 450
retrieving, utilizing, or making available information via 451
telecommunications, including, but not limited to, electronic 452
publishing.
(2) "Information service" does not include any use of a 454
capability of a type described in division (BB)(1) of this 456
section for the management, control, or operation of a 457
telecommunications system or the management of a 458
telecommunications service.
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(CC) "ELDERLY PERSON" MEANS A PERSON WHO IS SIXTY-FIVE 460
YEARS OF AGE OR OLDER. 461
(DD) "DISABLED ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS 463
OF AGE OR OLDER AND HAS SOME IMPAIRMENT OF BODY OR MIND THAT 465
MAKES THE PERSON UNFIT TO WORK AT ANY SUBSTANTIALLY REMUNERATIVE 466
EMPLOYMENT THAT THE PERSON OTHERWISE WOULD BE ABLE TO PERFORM AND 467
THAT WILL, WITH REASONABLE PROBABILITY, CONTINUE FOR A PERIOD OF 468
AT LEAST TWELVE MONTHS WITHOUT ANY PRESENT INDICATION OF RECOVERY 469
FROM THE IMPAIRMENT, OR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND 470
HAS BEEN CERTIFIED AS PERMANENTLY AND TOTALLY DISABLED BY AN 471
AGENCY OF THIS STATE OR THE UNITED STATES THAT HAS THE FUNCTION 472
OF SO CLASSIFYING PERSONS. 473
(EE) "LACKS THE CAPACITY TO CONSENT" MEANS BEING IMPAIRED 475
FOR ANY REASON TO THE EXTENT THAT THE PERSON LACKS SUFFICIENT 476
UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT REASONABLE 477
DECISIONS CONCERNING THE PERSON OR THE PERSON'S RESOURCES. 478
(FF) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME 480
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 481
(GG) "MOTOR VEHICLE" HAS THE SAME MEANING AS IN SECTION 483
4501.01 OF THE REVISED CODE. 484
(HH) "DANGEROUS DRUG" HAS THE SAME MEANING AS IN SECTION 486
4729.01 OF THE REVISED CODE. 487
(II) "DRUG ABUSE OFFENSE" HAS THE SAME MEANING AS IN 489
SECTION 2925.01 OF THE REVISED CODE. 490
Sec. 2913.02. (A) No person, with purpose to deprive the 499
owner of property or services, shall knowingly obtain or exert 500
control over either the property or services in any of the 501
following ways: 502
(1) Without the consent of the owner or person authorized 504
to give consent; 505
(2) Beyond the scope of the express or implied consent of 507
the owner or person authorized to give consent; 508
(3) By deception; 510
(4) By threat; 512
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(5) BY INTIMIDATION. 514
(B) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 517
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 518
OR DISABLED ADULT IN THE MANAGEMENT OF THE ELDERLY PERSON'S OR 519
DISABLED ADULT'S PROPERTY BUT WHO THROUGH NO FAULT OF THE 520
PERSON'S OWN HAS BEEN UNABLE TO PROVIDE THE ASSISTANCE. 521
(C)(1) Whoever violates this section is guilty of theft. 523
Except 524
(2) EXCEPT as otherwise provided in this division OR 528
DIVISION (C)(3), (4), (5), OR (6) OF THIS SECTION, a violation of 529
this section is petty theft, a misdemeanor of the first degree. 530
If the value of the property or services stolen is five hundred 531
dollars or more and is less than five thousand dollars or if the 532
property stolen is any of the property listed in section 2913.71 533
of the Revised Code, a violation of this section is theft, a 534
felony of the fifth degree. If the value of the property or 535
services stolen is five thousand dollars or more and is less than 536
one hundred thousand dollars or if the property stolen is a 537
firearm or dangerous ordnance, as defined in section 2923.11 of 538
the Revised Code, a violation of this section is grand theft, a 539
felony of the fourth degree. If the property stolen is a motor 541
vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a 542
felony of the fourth degree. If the value of the property or 543
services stolen is one hundred thousand dollars or more, a 544
violation of this section is aggravated theft, a felony of the 545
third degree. If 546
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4), (5), 549
OR (6) OF THIS SECTION, IF THE VICTIM OF THE OFFENSE IS AN 550
ELDERLY PERSON OR DISABLED ADULT WHO LACKS THE CAPACITY TO 551
CONSENT, A VIOLATION OF THIS SECTION IS THEFT FROM AN ELDERLY 552
PERSON OR DISABLED ADULT, AND DIVISION (C)(3) OF THIS SECTION 553
APPLIES. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THEFT 554
FROM AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE FIFTH 556
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DEGREE. IF THE VALUE OF THE PROPERTY OR SERVICES STOLEN IS FIVE 557
HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, 558
THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE 559
FOURTH DEGREE. IF THE VALUE OF THE PROPERTY OR SERVICES STOLEN 560
IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN TWENTY-FIVE 561
THOUSAND DOLLARS, THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT 562
IS A FELONY OF THE THIRD DEGREE. IF THE VALUE OF THE PROPERTY OR 563
SERVICES STOLEN IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND IS 564
LESS THAN ONE HUNDRED THOUSAND DOLLARS, THEFT FROM AN ELDERLY 565
PERSON OR DISABLED ADULT IS A FELONY OF THE SECOND DEGREE. IF 566
THE VALUE OF THE PROPERTY OR SERVICES STOLEN IS ONE HUNDRED 567
THOUSAND DOLLARS OR MORE, THEFT FROM AN ELDERLY PERSON OR 568
DISABLED ADULT IS A FELONY OF THE FIRST DEGREE.
IF DIVISION (C)(3) OF THIS SECTION APPLIES AND IF THE 570
VIOLATION OF THIS SECTION OCCURS AS PART OF A COURSE OF CONDUCT 572
INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, CONSPIRACIES TO
VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS SECTION, SECTION 575
2913.03, 2913.04, 2913.31, OR 2913.43 OF THE REVISED CODE, OR 576
DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF THE REVISED CODE, 577
THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE, MAY 578
AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, LOSSES TO THE 581
VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD AS SECURITY
INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF CONDUCT. 583
(4) IF THE PROPERTY STOLEN IS A FIREARM OR DANGEROUS 585
ORDNANCE, A VIOLATION OF THIS SECTION IS GRAND THEFT, A FELONY OF 587
THE FOURTH DEGREE.
(5) IF THE PROPERTY STOLEN IS A MOTOR VEHICLE, A VIOLATION 590
OF THIS SECTION IS GRAND THEFT OF A MOTOR VEHICLE, A FELONY OF 591
THE FOURTH DEGREE.
(6) IF the property stolen is any dangerous drug, as 594
defined in section 4729.01 of the Revised Code, a violation of 596
this section is theft of drugs, a felony of the fourth degree, 597
or, if the offender previously has been convicted of a felony 598
drug abuse offense, as defined in section 2925.01 of the Revised 599
15
Code, a felony of the third degree. 600
Sec. 2913.03. (A) No person shall knowingly use or 609
operate an aircraft, motor vehicle, motorcycle, motorboat, or 610
other motor-propelled vehicle without the consent of the owner or 611
person authorized to give consent. 612
(B) No person shall knowingly use or operate an aircraft, 614
motor vehicle, motorboat, or other motor-propelled vehicle 615
without the consent of the owner or person authorized to give 616
consent, and either remove it from this state or keep possession 617
of it for more than forty-eight hours. 618
(C) The following are affirmative defenses to a charge 620
under this section: 621
(1) At the time of the alleged offense, the actor, though 623
mistaken, reasonably believed that the actor was authorized to 624
use or operate the property. 625
(2) At the time of the alleged offense, the actor 627
reasonably believed that the owner or person empowered to give 628
consent would authorize the actor to use or operate the property. 629
(D) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 631
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 632
OR DISABLED ADULT IN THE MANAGEMENT OF THE ELDERLY PERSON'S OR 633
DISABLED ADULT'S PROPERTY BUT THROUGH NO FAULT OF THE PERSON'S 634
OWN HAS BEEN UNABLE TO PROVIDE THE ASSISTANCE.
(E)(1) Whoever violates this section is guilty of 636
unauthorized use of a vehicle. A 637
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 639
THIS SECTION, A violation of division (A) of this section is a 641
misdemeanor of the first degree. A
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 644
THIS SECTION, A violation of division (B) of this section is a 645
felony of the fifth degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 647
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT AND IF THE 648
VICTIM INCURS A LOSS AS A RESULT OF THE VIOLATION, A VIOLATION OF 649
16
DIVISION (A) OR (B) OF THIS SECTION IS WHICHEVER OF THE FOLLOWING 650
IS APPLICABLE:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4)(b), 653
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 654
(b) IF THE LOSS TO THE VICTIM IS FIVE HUNDRED DOLLARS OR 656
MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A FELONY OF THE 657
FOURTH DEGREE;
(c) IF THE LOSS TO THE VICTIM IS FIVE THOUSAND DOLLARS OR 659
MORE AND IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF 660
THE THIRD DEGREE;
(d) IF THE LOSS TO THE VICTIM IS TWENTY-FIVE THOUSAND 662
DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, A 663
FELONY OF THE SECOND DEGREE; 664
(e) IF THE LOSS TO THE VICTIM IS ONE HUNDRED THOUSAND 666
DOLLARS OR MORE, A FELONY OF THE FIRST DEGREE. 667
(F) IF DIVISION (E)(4) OF THIS SECTION APPLIES AND IF THE 670
VIOLATION OF DIVISION (A) OR (B) OF THIS SECTION OCCURS AS PART 671
OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS OF, ATTEMPTS TO
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF 672
THIS SECTION, SECTION 2913.02, 2913.04, 2913.31, OR 2913.43 OF 673
THE REVISED CODE, OR DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF 674
THE REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE 675
OFFENSE, MAY AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES,
LOSSES TO THE VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD 676
AS SECURITY INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF 677
CONDUCT.
Sec. 2913.04. (A) No person shall knowingly use or 686
operate the property of another without the consent of the owner 687
or person authorized to give consent. 688
(B) No person shall knowingly gain access to, attempt to 690
gain access to, or cause access to be gained to any computer, 691
computer system, computer network, telecommunications device, 693
telecommunications service, or information service without the
consent of, or beyond the scope of the express or implied consent 694
17
of, the owner of the computer, computer system, computer network, 695
telecommunications device, telecommunications service, or 696
information service or other person authorized to give consent by 697
the owner.
(C) The affirmative defenses contained in division (C) of 699
section 2913.03 of the Revised Code are affirmative defenses to a 700
charge under this section. 701
(D) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 704
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 705
OR DISABLED ADULT IN THE MANAGEMENT OF THE ELDERLY PERSON'S OR 706
DISABLED ADULT'S PROPERTY BUT WHO THROUGH NO FAULT OF THE 707
PERSON'S OWN HAS BEEN UNABLE TO PROVIDE THE ASSISTANCE. 708
(E)(1) Whoever violates division (A) of this section is 711
guilty of unauthorized use of property. Except
(2) EXCEPT as otherwise provided in this division (E)(3) 714
OR (4) OF THIS SECTION, unauthorized use of property is a 715
misdemeanor of the fourth degree. 716
If (3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 719
THIS SECTION, IF unauthorized use of property is committed for 720
the purpose of devising or executing a scheme to defraud or to 721
obtain property or services, unauthorized use of property is 722
whichever of the following is applicable:
(1)(a) Except as otherwise provided in division (D)(2), 725
(E)(3), or (4) (b), (c), OR (d) of this section, a misdemeanor of 727
the first degree.
(2)(b) If the value of the property or services or the 729
loss to the victim is five hundred dollars or more and is less 731
than five thousand dollars, a felony of the fifth degree. 732
(3)(c) If the value of the property or services or the 734
loss to the victim is five thousand dollars or more and is less 736
than one hundred thousand dollars, a felony of the fourth degree. 737
(4)(d) If the value of the property or services or the 739
loss to the victim is one hundred thousand dollars or more, a 740
felony of the third degree. 741
18
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 743
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, UNAUTHORIZED 744
USE OF PROPERTY IS WHICHEVER OF THE FOLLOWING IS APPLICABLE: 746
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4)(b), 749
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 751
(b) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 753
THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE 754
THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 755
(c) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 757
THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 758
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 760
(d) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 762
THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND IS LESS 763
THAN ONE HUNDRED THOUSAND DOLLARS, A FELONY OF THE SECOND DEGREE; 765
(e) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 767
THE VICTIM IS ONE HUNDRED THOUSAND DOLLARS OR MORE, A FELONY OF 770
THE FIRST DEGREE. 771
(E)(F) Whoever violates division (B) of this section is 773
guilty of unauthorized use of computer or telecommunication 774
property, a felony of the fifth degree. 775
(G) IF DIVISION (E)(4) OF THIS SECTION APPLIES AND IF THE 778
VIOLATION OF DIVISION (A) OF THIS SECTION OCCURS AS PART OF A 779
COURSE OF CONDUCT INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, 780
CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS 782
SECTION, SECTION 2913.02, 2913.03, 2913.31, OR 2913.43 OF THE 784
REVISED CODE, OR DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF THE 785
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE 787
OFFENSE, MAY AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, 788
LOSSES TO THE VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD 789
AS SECURITY INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF 791
CONDUCT.
Sec. 2913.21. (A) No person shall do any of the 800
following: 801
(1) Practice deception for the purpose of procuring the 803
19
issuance of a credit card, when a credit card is issued in actual 804
reliance thereon; 805
(2) Knowingly buy or sell a credit card from or to a 807
person other than the issuer. 808
(B) No person, with purpose to defraud, shall do any of 810
the following: 811
(1) Obtain control over a credit card as security for a 813
debt; 814
(2) Obtain property or services by the use of a credit 816
card, in one or more transactions, knowing or having reasonable 817
cause to believe that the card has expired or been revoked, or 818
was obtained, is retained, or is being used in violation of law; 819
(3) Furnish property or services upon presentation of a 821
credit card, knowing that the card is being used in violation of 822
law; 823
(4) Represent or cause to be represented to the issuer of 825
a credit card that property or services have been furnished, 826
knowing that the representation is false. 827
(C) No person, with purpose to violate this section, shall 829
receive, possess, control, or dispose of a credit card. 830
(D) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 832
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 833
OR DISABLED ADULT IN THE MANAGEMENT OF THE ELDERLY PERSON'S OR 834
DISABLED ADULT'S PROPERTY BUT THROUGH NO FAULT OF THE PERSON'S 835
OWN HAS BEEN UNABLE TO PROVIDE THE ASSISTANCE.
(E)(1) Whoever violates this section is guilty of misuse 837
of credit cards. 838
(2) A EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 840
THIS SECTION, A violation of division (A), (B)(1), or (C) of this 841
section is a misdemeanor of the first degree. 842
(3) Except as otherwise provided in this division OR 844
DIVISION (E)(4) OF THIS SECTION, a violation of division (B)(2), 846
(3), or (4) of this section is a misdemeanor of the first degree.
If the cumulative retail value of the property and services 847
20
involved in one or more violations of division (B)(2), (3), or 849
(4) of this section, which violations involve one or more credit 850
card accounts and occur within a period of ninety consecutive 851
days commencing on the date of the first violation, is five 852
hundred dollars or more and is less than five thousand dollars, 853
misuse of credit cards in violation of any of those divisions is 854
a felony of the fifth degree. If the cumulative retail value of 856
the property and services involved in one or more violations of 857
division (B)(2), (3), or (4) of this section, which violations 858
involve one or more credit card accounts and occur within a 859
period of ninety consecutive days commencing on the date of the 860
first violation, is five thousand dollars or more and is less 861
than one hundred thousand dollars, misuse of credit cards in 862
violation of any of those divisions is a felony of the fourth 863
degree. If the cumulative retail value of the property and 864
services involved in one or more violations of division (B)(2), 865
(3), or (4) of this section, which violations involve one or more 866
credit card accounts and occur within a period of ninety 867
consecutive days commencing on the date of the first violation, 868
is one hundred thousand dollars or more, misuse of credit cards 869
in violation of any of those divisions is a felony of the third 871
degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 873
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, AND IF THE 874
OFFENSE INVOLVES A VIOLATION OF DIVISION (B)(1) OR (2) OF THIS 875
SECTION, DIVISION (E)(4) OF THIS SECTION APPLIES. EXCEPT AS 876
OTHERWISE PROVIDED IN DIVISION (E)(4) OF THIS SECTION, A 877
VIOLATION OF DIVISION (B)(1) OR (2) OF THIS SECTION IS A FELONY 878
OF THE FIFTH DEGREE. IF THE DEBT FOR WHICH THE CARD IS HELD AS 879
SECURITY OR THE CUMULATIVE RETAIL VALUE OF THE PROPERTY OR 880
SERVICES INVOLVED IN THE VIOLATION IS FIVE HUNDRED DOLLARS OR 881
MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A VIOLATION OF
EITHER OF THOSE DIVISIONS IS A FELONY OF THE FOURTH DEGREE. IF 882
THE DEBT FOR WHICH THE CARD IS HELD AS SECURITY OR THE CUMULATIVE 883
21
RETAIL VALUE OF THE PROPERTY OR SERVICES INVOLVED IN THE 884
VIOLATION IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN
TWENTY-FIVE THOUSAND DOLLARS, A VIOLATION OF EITHER OF THOSE 885
DIVISIONS IS A FELONY OF THE THIRD DEGREE. IF THE DEBT FOR WHICH 886
THE CARD IS HELD AS SECURITY OR THE CUMULATIVE RETAIL VALUE OF 887
THE PROPERTY OR SERVICES INVOLVED IN THE VIOLATION IS TWENTY-FIVE 888
THOUSAND DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED THOUSAND 889
DOLLARS, A VIOLATION OF EITHER OF THOSE DIVISION IS A FELONY OF 890
THE SECOND DEGREE. IF THE DEBT FOR WHICH THE CARD IS HELD AS
SECURITY OR THE CUMULATIVE RETAIL VALUE OF THE PROPERTY OR 891
SERVICES INVOLVED IN THE VIOLATION IS ONE HUNDRED THOUSAND 892
DOLLARS OR MORE, A VIOLATION OF EITHER OF THOSE DIVISIONS IS A 893
FELONY OF THE FIRST DEGREE.
(F) IF DIVISION (E)(4) OF THIS SECTION APPLIES AND IF THE 896
VIOLATION OF DIVISION (B)(1) OR (2) OF THIS SECTION OCCURS AS
PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS OF, 897
ATTEMPTS TO VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN 898
VIOLATIONS OF DIVISION (B)(1) OR (2) OF THIS SECTION OR SECTION 899
2913.02, 2913.03, 2913.04,. 2913.31, OR 2913.43 OF THE REVISED 900
CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE, MAY 901
AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, LOSSES TO THE
VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD AS SECURITY 902
INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF CONDUCT. 903
Sec. 2913.31. (A) No person, with purpose to defraud, or 912
knowing that the person is facilitating a fraud, shall do any of 913
the following: 914
(1) Forge any writing of another without the other 916
person's authority; 917
(2) Forge any writing so that it purports to be genuine 919
when it actually is spurious, or to be the act of another who did 920
not authorize that act, or to have been executed at a time or 921
place or with terms different from what in fact was the case, or 922
to be a copy of an original when no such original existed; 923
(3) Utter, or possess with purpose to utter, any writing 925
22
that the person knows to have been forged. 926
(B) No person shall knowingly do either of the following: 928
(1) Forge an identification card; 930
(2) Sell or otherwise distribute a card that purports to 932
be an identification card, knowing it to have been forged. 933
As used in this division, "identification card" means a 935
card that includes personal information or characteristics of an 936
individual, a purpose of which is to establish the identity of 937
the bearer described on the card, whether the words "identity," 938
"identification," "identification card," or other similar words 939
appear on the card. 940
(C) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 943
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 944
OR DISABLED ADULT IN THE MANAGEMENT OF THE ELDERLY PERSON'S OR 945
DISABLED ADULT'S PROPERTY BUT WHO THROUGH NO FAULT OF THE 946
PERSON'S OWN HAS BEEN UNABLE TO PROVIDE THE ASSISTANCE. 947
(D)(1)(a) Whoever violates division (A) of this section is 949
guilty of forgery. Except 950
(b) EXCEPT as otherwise provided in this division OR 953
DIVISION (D)(1)(c) OF THIS SECTION, forgery is a felony of the 954
fifth degree. If property or services are involved in the 955
offense or the victim suffers a loss and if, FORGERY IS ONE OF 956
THE FOLLOWING:
(i) IF the value of the property or services or the loss 958
to the victim is five thousand dollars or more and is less than 961
one hundred thousand dollars, forgery is a felony of the fourth 963
degree. If property or services are involved in the offense or 965
the victim suffers a loss and if;
(ii) IF the value of the property or services or the loss 969
to the victim is one hundred thousand dollars or more, forgery is 970
a felony of the third degree. 971
(c) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 973
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, DIVISION 975
(D)(1)(c) OF THIS SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED 976
23
IN DIVISION (D)(1)(c) OF THIS SECTION, FORGERY IS A FELONY OF THE 977
FIFTH DEGREE. IF PROPERTY OR SERVICES ARE INVOLVED IN THE 978
OFFENSE OR IF THE VICTIM SUFFERS A LOSS, FORGERY IS ONE OF THE 979
FOLLOWING:
(i) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 982
TO THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN 983
FIVE THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 984
(ii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 988
TO THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 989
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 990
(iii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 994
TO THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND IS LESS 995
THAN ONE HUNDRED THOUSAND DOLLARS, A FELONY OF THE SECOND DEGREE; 996
(iv) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 999
TO THE VICTIM IS ONE HUNDRED THOUSAND DOLLARS OR MORE, A FELONY 1,001
OF THE FIRST DEGREE.
(d) IF DIVISION (D)(1)(c) OF THIS SECTION APPLIES AND IF 1,005
THE VIOLATION OF DIVISION (A) OF THIS SECTION OCCURS AS PART OF A 1,006
COURSE OF CONDUCT INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, 1,007
CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS 1,009
SECTION, SECTION 2913.02, 2913.03, 2913.04, OR 2913.43 OF THE 1,011
REVISED CODE, OR DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF THE
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE 1,013
OFFENSE, MAY AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, 1,015
LOSSES TO THE VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD 1,016
AS A SECURITY INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE 1,017
OF CONDUCT. 1,018
(2) Whoever violates division (B) of this section is 1,020
guilty of forging identification cards or selling or distributing 1,021
forged identification cards. Except as otherwise provided in 1,023
this division, forging identification cards or selling or
distributing forged identification cards is a misdemeanor of the 1,024
first degree. If the offender previously has been convicted of a 1,025
violation of division (B) of this section, forging identification 1,026
24
cards or selling or distributing forged identification cards is a 1,028
misdemeanor of the first degree and, in addition, the court shall 1,029
impose upon the offender a fine of not less than two hundred 1,030
fifty dollars.
Sec. 2913.43. (A) No person, by deception, shall cause 1,039
another to execute any writing that disposes of or encumbers 1,040
property, or by which a pecuniary obligation is incurred. 1,041
(B) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 1,044
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 1,045
OR DISABLED ADULT IN THE MANAGEMENT OF THE ELDERLY PERSON'S OR 1,046
DISABLED ADULT'S PROPERTY BUT WHO THROUGH NO FAULT OF THE 1,047
PERSON'S OWN HAS BEEN UNABLE TO PROVIDE THE ASSISTANCE. 1,048
(C)(1) Whoever violates this section is guilty of securing 1,050
writings by deception. Except 1,052
(2) EXCEPT as otherwise provided in this division OR 1,054
DIVISION (C)(3) OF THIS SECTION, securing writings by deception 1,057
is a misdemeanor of the first degree. If the value of the
property or the obligation involved is five hundred dollars or 1,058
more and less than five thousand dollars, securing writings by 1,059
deception is a felony of the fifth degree. If the value of the 1,060
property or the obligation involved is five thousand dollars or 1,061
more and is less than one hundred thousand dollars, securing 1,062
writings by deception is a felony of the fourth degree. If the
value of the property or the obligation involved is one hundred 1,063
thousand dollars or more, securing writings by deception is a 1,064
felony of the third degree.
(3) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 1,066
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, DIVISION (C)(3) 1,068
OF THIS SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED IN 1,069
DIVISION (C)(3) OF THIS SECTION, SECURING WRITINGS BY DECEPTION 1,071
IS A FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE PROPERTY OR
OBLIGATION INVOLVED IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS 1,073
THAN FIVE THOUSAND DOLLARS, SECURING WRITINGS BY DECEPTION IS A 1,074
FELONY OF THE FOURTH DEGREE. IF THE VALUE OF THE PROPERTY OR 1,075
25
OBLIGATION INVOLVED IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS 1,076
THAN TWENTY-FIVE THOUSAND DOLLARS, SECURING WRITINGS BY DECEPTION 1,077
IS A FELONY OF THE THIRD DEGREE. IF THE VALUE OF THE PROPERTY OR 1,078
OBLIGATION INVOLVED IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND 1,079
IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, SECURING WRITINGS BY 1,080
DECEPTION IS A FELONY OF THE SECOND DEGREE. IF THE VALUE OF THE 1,081
PROPERTY OR OBLIGATION INVOLVED IS ONE HUNDRED THOUSAND DOLLARS 1,082
OR MORE, SECURING WRITINGS BY DECEPTION IS A FELONY OF THE FIRST 1,083
DEGREE.
IF DIVISION (C)(3) OF THIS SECTION APPLIES AND IF THE 1,085
VIOLATION OF THIS SECTION OCCURS AS PART OF A COURSE OF CONDUCT 1,087
INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, CONSPIRACIES TO 1,088
VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS SECTION, SECTION 1,090
2913.02, 2913.03, 2913.04, 2913.11, OR 2913.31 OF THE REVISED
CODE, OR DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF THE REVISED 1,091
CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE, MAY 1,093
AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, LOSSES TO THE 1,095
VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD AS SECURITY
INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF CONDUCT. 1,097
Sec. 2913.73. IN A PROSECUTION FOR ANY ALLEGED VIOLATION 1,099
OF A PROVISION OF THIS CHAPTER, IF THE LACK OF CONSENT OF THE 1,101
VICTIM IS AN ELEMENT OF THE PROVISION THAT ALLEGEDLY WAS 1,102
VIOLATED, EVIDENCE THAT, AT THE TIME OF THE ALLEGED VIOLATION, 1,103
THE VICTIM LACKED THE CAPACITY TO GIVE CONSENT IS ADMISSIBLE TO 1,104
SHOW THAT THE VICTIM DID NOT GIVE CONSENT. 1,105
Section 2. That existing sections 301.27, 2913.01, 1,107
2913.02, 2913.03, 2913.04, 2913.21, 2913.31, and 2913.43 of the 1,108
Revised Code are hereby repealed.