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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
      (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          

                                                          10     


                                                                 
      (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          

                                                          11     


                                                                 
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.                                                     

                                                          12     


                                                                 
      (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          

                                                          13     


                                                                 
      (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          

                                                          14     


                                                                 
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.