As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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
D.MILLER-BEATTY-WILSON-BRITTON-WESTON-CORE-PERZ- 16
BUEHRER-DePIERO-CAREY-SULZER-BARNES-HARTNETT-PETERSON- 18
VAN VYVEN-HOLLISTER-GOODING-AUSTRIA-SCHURING-
WINKLER-ALLEN-ROBERTS-GERBERRY-SUTTON-FORD- 19
FLANNERY-BARRETT-SULLIVAN-VERICH 20
_________________________________________________________________ 22
A B I L L
To amend sections 301.27, 2913.01, 2913.02, 2913.03, 24
2913.04, 2913.21, 2913.31, and 2913.43 and to 25
enact section 2913.73 of the Revised Code to 26
enhance the penalty for committing the offenses 27
of theft, unauthorized use of a vehicle,
unauthorized use of property, misuse of credit 29
cards in specified circumstances, fraud, and
securing writings by deception when the victim of 31
the offense is an elderly person or disabled
adult who lacks the capacity to consent, to 32
permit for sentencing purposes the aggregation of 33
all property, services, losses to the victims, 34
and debts for which credit cards are held for
security involved in the commission of any of 35
those offenses as part of a course of conduct 36
involving those theft offenses when the victim of 38
2
the offense is an elderly person or disabled 39
adult who lacks the capacity to consent, and to
permit evidence that a victim lacked the capacity 40
to give consent to be admitted in the prosecution 41
of a theft offense to show that the victim did 42
not give consent. 43
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 301.27, 2913.01, 2913.02, 47
2913.03, 2913.04, 2913.21, 2913.31, and 2913.43 be amended and 49
section 2913.73 of the Revised Code be enacted to read as 50
follows:
Sec. 301.27. (A) As used in this section: 59
(1) "Credit card" includes a gasoline credit card and a 61
telephone credit card. 62
(2) "Officer" includes an individual who also is an 64
appointing authority. 65
(3) "Gasoline and oil expenses," "minor motor vehicle 67
maintenance expenses," and "emergency motor vehicle repair 68
expenses" refer to only those expenses incurred for motor 69
vehicles owned or leased by the county. 70
(B) A credit card held by a board of county commissioners 72
or the office of any other county appointing authority shall be 73
used only to pay work-related food, transportation, gasoline and 74
oil, minor motor vehicle maintenance, emergency motor vehicle 76
repair, telephone, lodging, and internet service provider 77
expenses.
(C) A county appointing authority may apply to the board 79
of county commissioners for authorization to have an officer or 80
employee of the appointing authority use a credit card held by 81
that appointing authority. The authorization request shall state 82
whether the card is to be issued only in the name of the office 83
of the appointing authority itself or whether the issued card 84
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shall also include the name of a specified officer or employee. 85
(D) The debt incurred as a result of the use of a credit 87
card pursuant to this section shall be paid from moneys 88
appropriated to the appointing authority for work-related food, 89
transportation, gasoline and oil, minor motor vehicle 91
maintenance, emergency motor vehicle repair, telephone, lodging, 92
and internet service provider expenses. 93
(E)(1) Except as otherwise provided in division (E)(2) of 95
this section, every officer or employee authorized to use a 96
credit card held by the board or appointing authority shall 97
submit to the board by the first day of each month an estimate of 98
the officer's or employee's work-related food, transportation, 99
gasoline and oil, minor motor vehicle maintenance, emergency 101
motor vehicle repair, telephone, lodging, and internet service 102
provider expenses for that month, unless the board authorizes, by 103
resolution, the officer or employee to submit to the board such 104
an estimate for a period longer than one month. The board may 105
revise the estimate and determine the amount it approves, if any, 106
not to exceed the estimated amount. The board shall certify the 107
amount of its determination to the county auditor along with the 108
necessary information for the auditor to determine the 109
appropriate appropriation line item from which such expenditures 110
are to be made. After receiving certification from the county 111
auditor that the determined sum of money is in the treasury or in 112
the process of collection to the credit of the appropriate 113
appropriation line item for which the credit card is approved for 114
use, and is free from previous and then-outstanding obligations 115
or certifications, the board shall authorize the officer or 116
employee to incur debt for such expenses against the county's 117
credit up to the authorized amount. 118
(2) In lieu of following the procedure set forth in 120
division (E)(1) of this section, a board of county commissioners 121
may adopt a resolution authorizing an officer or employee of an 122
appointing authority to use a county credit card to pay for 123
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specific classes of the work-related expenses listed in division 124
(B) of this section, or use a specific credit card for any of 125
those work-related expenses listed in division (B) of this 126
section, without submitting an estimate of those expenses to the 127
board as required by division (E)(1) of this section. Prior to 128
adopting the resolution, the board shall notify the county 129
auditor. The resolution shall specify whether the officer's or 130
employee's exemption extends to the use of a specific card, which 131
card shall be identified by its number, or to one or more 132
specific work-related uses from the classes of uses permitted 133
under division (B) of this section. Before any credit card 134
exempted for specific uses may be used to make purchases for uses 136
other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be 137
followed or the use shall be considered an unauthorized use. Use 138
of any credit card under division (E)(2) of this section shall be 139
limited to the amount appropriated and encumbered in a specific 140
appropriation line item for the permitted use or uses designated 141
in the authorizing resolution, or, in the case of a resolution 142
that authorizes use of a specific credit card, for each of the 143
permitted uses listed in division (B) of this section, but only 144
to the extent the moneys in such appropriations are not otherwise 145
encumbered. 146
(F)(1) Any time a county credit card approved for use for 148
an authorized amount under division (E)(1) of this section is 149
used for more than that authorized amount, the appointing 150
authority may request the board of county commissioners to 151
authorize after the fact the expenditure of any amount charged 152
beyond the originally authorized amount if, upon the board's 153
request, the county auditor certifies that sum of money is in the 154
treasury or in the process of collection to the credit of the 155
appropriate appropriation line item for which the credit card was 156
used and is free from previous and then-outstanding obligations 157
or certifications. If the card is used for more than the amount 158
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originally authorized and if for any reason that amount is not 159
authorized after the fact, then the county treasury shall be 160
reimbursed for any amount spent beyond the originally authorized 161
amount in the following manner: 162
(a) If the card is issued in the name of a specific 164
officer or employee, then that officer or employee is liable in 165
person and upon any official bond the officer or employee has 166
given to the county to reimburse the county treasury for the 168
amount charged to the county beyond the originally authorized 169
amount.
(b) If the card was issued to the office of the appointing 171
authority, then the appointing authority is liable in person and 172
upon any official bond the appointing authority has given to the 174
county for the amount charged to the county beyond the originally 175
authorized amount.
(2) Any time a county credit card authorized for use under 177
division (E)(2) of this section is used for more than the amount 178
appropriated under that division, the appointing authority may 179
request the board of county commissioners to issue a supplemental 180
appropriation or make a transfer to the proper line item account 181
as permitted in section 5705.40 of the Revised Code, to cover the 182
amount charged beyond the originally appropriated amount. If the 183
card is used for more than the amount originally appropriated and 184
if for any reason that amount is not appropriated or transferred 185
as permitted by this section, then the county treasury shall be 186
reimbursed for any amount spent beyond the originally 187
appropriated amount in the following manner: 188
(a) If the card is issued in the name of a specific 190
officer or employee, then that officer or employee is liable in 191
person and upon any official bond the officer or employee has 192
given to the county for reimbursing the county treasury for any 194
amount charged on the card beyond the originally appropriated 195
amount.
(b) If the card is issued in the name of the office of the 197
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appointing authority, then the appointing authority is liable in 198
person and upon any official bond the appointing authority has 200
given to the county for reimbursement for any amount charged on 201
the card beyond the originally appropriated amount. 202
(3) Whenever any officer or employee authorized to use a 204
credit card held by the board or the office of any other county 205
appointing authority suspects the loss, theft, or possibility of 206
unauthorized use of the county credit card the officer or 207
employee is authorized to use, the officer or employee shall so 209
notify the officer's or employee's appointing authority or the 210
board immediately and in writing. 211
(4) If the county auditor determines there has been a 213
credit card expenditure beyond the appropriated or authorized 214
amount as provided in division (E) of this section, the auditor 215
immediately shall notify the board of county commissioners of 217
this fact. When the board of county commissioners determines on 218
its own or after notification from the county auditor that the 219
county treasury should be reimbursed for credit card expenditures 220
beyond the appropriated or authorized amount as provided in 221
divisions (F)(1) and (2) of this section, it shall give written 222
notice to the officer or employee or appointing authority liable 224
to the treasury as provided in divisions (F)(1) and (2) of this 225
section. If, within thirty days after issuance of this written 226
notice the county treasury is not reimbursed for the amount shown 227
on the written notice, the prosecuting attorney of the county 228
shall recover that amount from the officer or employee or 229
appointing authority who is liable under this section by civil 230
action in any court of appropriate jurisdiction. 231
(G) Use of a county credit card for any use other than 233
those permitted under division (B) of this section is a violation 234
of law for the purposes of division (D) of section 2913.21 of the 236
Revised Code.
Sec. 2913.01. As used in this chapter, unless the context 245
requires that a term be given a different meaning: 246
7
(A) "Deception" means knowingly deceiving another or 248
causing another to be deceived by any false or misleading 249
representation, by withholding information, by preventing another 250
from acquiring information, or by any other conduct, act, or 251
omission that creates, confirms, or perpetuates a false 252
impression in another, including a false impression as to law, 253
value, state of mind, or other objective or subjective fact. 254
(B) "Defraud" means to knowingly obtain, by deception, 256
some benefit for oneself or another, or to knowingly cause, by 257
deception, some detriment to another. 258
(C) "Deprive" means to do any of the following: 260
(1) Withhold property of another permanently, or for a 262
period that appropriates a substantial portion of its value or 263
use, or with purpose to restore it only upon payment of a reward 264
or other consideration; 265
(2) Dispose of property so as to make it unlikely that the 267
owner will recover it; 268
(3) Accept, use, or appropriate money, property, or 270
services, with purpose not to give proper consideration in return 271
for the money, property, or services, and without reasonable 272
justification or excuse for not giving proper consideration. 273
(D) "Owner" means, unless the context requires a different 275
meaning, any person, other than the actor, who is the owner of, 277
who has possession or control of, or who has any license or 279
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 280
(E) "Services" include labor, personal services, 282
professional services, public utility services, common carrier 283
services, and food, drink, transportation, entertainment, and 284
cable television services. 285
(F) "Writing" means any computer software, document, 287
letter, memorandum, note, paper, plate, data, film, or other 288
thing having in or upon it any written, typewritten, or printed 289
matter, and any token, stamp, seal, credit card, badge, 291
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trademark, label, or other symbol of value, right, privilege, 292
license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 294
part and by any means, any spurious writing, or to make, execute, 295
alter, complete, reproduce, or otherwise purport to authenticate 296
any writing, when the writing in fact is not authenticated by 297
that conduct. 298
(H) "Utter" means to issue, publish, transfer, use, put or 300
send into circulation, deliver, or display. 301
(I) "Coin machine" means any mechanical or electronic 303
device designed to do both of the following: 304
(1) Receive a coin, bill, or token made for that purpose; 306
(2) In return for the insertion or deposit of a coin, 308
bill, or token, automatically dispense property, provide a 309
service, or grant a license. 310
(J) "Slug" means an object that, by virtue of its size, 312
shape, composition, or other quality, is capable of being 313
inserted or deposited in a coin machine as an improper substitute 314
for a genuine coin, bill, or token made for that purpose. 315
(K) "Theft offense" means any of the following: 317
(1) A violation of section 2911.01, 2911.02, 2911.11, 319
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 320
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 322
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 324
2913.47, former section 2913.47 or 2913.48, or section 2913.51, 325
2915.05, or 2921.41 of the Revised Code; 326
(2) A violation of an existing or former municipal 328
ordinance or law of this or any other state, or of the United 329
States, substantially equivalent to any section listed in 330
division (K)(1) of this section or a violation of section 331
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 332
prior to July 1, 1996;
(3) An offense under an existing or former municipal 334
ordinance or law of this or any other state, or of the United 335
9
States, involving robbery, burglary, breaking and entering, 336
theft, embezzlement, wrongful conversion, forgery, 337
counterfeiting, deceit, or fraud; 338
(4) A conspiracy or attempt to commit, or complicity in 340
committing, any offense under division (K)(1), (2), or (3) of 341
this section. 342
(L) "Computer services" includes, but is not limited to, 344
the use of a computer system, computer network, computer program, 345
data that is prepared for computer use, or data that is contained 346
within a computer system or computer network. 347
(M) "Computer" means an electronic device that performs 349
logical, arithmetic, and memory functions by the manipulation of 350
electronic or magnetic impulses. "Computer" includes, but is not 351
limited to, all input, output, processing, storage, computer 352
program, or communication facilities that are connected, or 353
related, in a computer system or network to an electronic device 355
of that nature.
(N) "Computer system" means a computer and related 357
devices, whether connected or unconnected, including, but not 358
limited to, data input, output, and storage devices, data 359
communications links, and computer programs and data that make 360
the system capable of performing specified special purpose data 361
processing tasks. 362
(O) "Computer network" means a set of related and remotely 364
connected computers and communication facilities that includes 365
more than one computer system that has the capability to transmit 366
among the connected computers and communication facilities 367
through the use of computer facilities. 368
(P) "Computer program" means an ordered set of data 370
representing coded instructions or statements that, when executed 371
by a computer, cause the computer to process data. 372
(Q) "Computer software" means computer programs, 374
procedures, and other documentation associated with the operation 375
of a computer system. 376
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(R) "Data" means a representation of information, 378
knowledge, facts, concepts, or instructions that are being or 379
have been prepared in a formalized manner and that are intended 380
for use in a computer, computer system, or computer network. For 382
purposes of section 2913.47 of the Revised Code, "data" has the 384
additional meaning set forth in division (A) of that section. 385
(S) "Cable television service" means any services provided 387
by or through the facilities of any cable television system or 388
other similar closed circuit coaxial cable communications system, 389
or any microwave or similar transmission service used in 390
connection with any cable television system or other similar 391
closed circuit coaxial cable communications system. 392
(T) "Gain access" means to approach, instruct, communicate 394
with, store data in, retrieve data from, or otherwise make use of 395
any resources of a computer, computer system, or computer 396
network. 397
(U) "Credit card" includes, but is not limited to, a card, 399
code, device, or other means of access to a customer's account 400
for the purpose of obtaining money, property, labor, or services 401
on credit, or for initiating an electronic fund transfer at a 402
point-of-sale terminal, an automated teller machine, or a cash 403
dispensing machine. 404
(V) "Electronic fund transfer" has the same meaning as in 406
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 407
(W) "Rented property" means personal property in which the 409
right of possession and use of the property is for a short and 410
possibly indeterminate term in return for consideration; the 411
rentee generally controls the duration of possession of the 412
property, within any applicable minimum or maximum term; and the 413
amount of consideration generally is determined by the duration 414
of possession of the property.
(X) "Telecommunication" means the origination, emission, 417
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of 418
11
intelligence of any nature over any communications system by any 419
method, including, but not limited to, a fiber optic, electronic, 420
magnetic, optical, digital, or analog method. 421
(Y) "Telecommunications device" means any instrument, 424
equipment, machine, or other device that facilitates 425
telecommunication, including, but not limited to, a computer, 426
computer network, computer chip, computer circuit, scanner, 427
telephone, cellular telephone, pager, personal communications 428
device, transponder, receiver, radio, modem, or device that 429
enables the use of a modem.
(Z) "Telecommunications service" means the providing, 432
allowing, facilitating, or generating of any form of 433
telecommunication through the use of a telecommunications device 434
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a 437
telecommunications device that, alone or with another 438
telecommunications device, has been altered, constructed, 439
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or 440
information service without the authority or consent of the 442
provider of the telecommunications service or information 443
service. "Counterfeit telecommunications device" includes, but 444
is not limited to, a clone telephone, clone microchip, tumbler 445
telephone, or tumbler microchip; a wireless scanning device 446
capable of acquiring, intercepting, receiving, or otherwise 447
facilitating the use of telecommunications service or information 448
service without immediate detection; or a device, equipment, 449
hardware, or software designed for, or capable of, altering or 450
changing the electronic serial number in a wireless telephone. 451
(BB)(1) "Information service" means, subject to division 454
(BB)(2) of this section, the offering of a capability for 456
generating, acquiring, storing, transforming, processing, 457
retrieving, utilizing, or making available information via 458
telecommunications, including, but not limited to, electronic 459
12
publishing.
(2) "Information service" does not include any use of a 461
capability of a type described in division (BB)(1) of this 463
section for the management, control, or operation of a 464
telecommunications system or the management of a 465
telecommunications service.
(CC) "ELDERLY PERSON" MEANS A PERSON WHO IS SIXTY-FIVE 467
YEARS OF AGE OR OLDER. 468
(DD) "DISABLED ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS 470
OF AGE OR OLDER AND HAS SOME IMPAIRMENT OF BODY OR MIND THAT 472
MAKES THE PERSON UNFIT TO WORK AT ANY SUBSTANTIALLY REMUNERATIVE 473
EMPLOYMENT THAT THE PERSON OTHERWISE WOULD BE ABLE TO PERFORM AND 474
THAT WILL, WITH REASONABLE PROBABILITY, CONTINUE FOR A PERIOD OF 475
AT LEAST TWELVE MONTHS WITHOUT ANY PRESENT INDICATION OF RECOVERY 476
FROM THE IMPAIRMENT, OR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND 477
HAS BEEN CERTIFIED AS PERMANENTLY AND TOTALLY DISABLED BY AN 478
AGENCY OF THIS STATE OR THE UNITED STATES THAT HAS THE FUNCTION 479
OF SO CLASSIFYING PERSONS. 480
(EE) "LACKS THE CAPACITY TO CONSENT" MEANS BEING IMPAIRED 482
FOR ANY REASON TO THE EXTENT THAT THE PERSON LACKS SUFFICIENT 483
UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT REASONABLE 484
DECISIONS CONCERNING THE PERSON OR THE PERSON'S RESOURCES. 485
(FF) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME 487
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 488
(GG) "MOTOR VEHICLE" HAS THE SAME MEANING AS IN SECTION 490
4501.01 OF THE REVISED CODE. 491
(HH) "DANGEROUS DRUG" HAS THE SAME MEANING AS IN SECTION 493
4729.01 OF THE REVISED CODE. 494
(II) "DRUG ABUSE OFFENSE" HAS THE SAME MEANING AS IN 496
SECTION 2925.01 OF THE REVISED CODE. 497
Sec. 2913.02. (A) No person, with purpose to deprive the 506
owner of property or services, shall knowingly obtain or exert 507
control over either the property or services in any of the 508
following ways: 509
13
(1) Without the consent of the owner or person authorized 511
to give consent; 512
(2) Beyond the scope of the express or implied consent of 514
the owner or person authorized to give consent; 515
(3) By deception; 517
(4) By threat; 519
(5) BY INTIMIDATION. 521
(B) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 524
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 525
OR DISABLED ADULT.
(C)(1) Whoever violates this section is guilty of theft. 527
Except 528
(2) EXCEPT as otherwise provided in this division OR 532
DIVISION (C)(3), (4), (5), OR (6) OF THIS SECTION, a violation of 533
this section is petty theft, a misdemeanor of the first degree. 534
If the value of the property or services stolen is five hundred 535
dollars or more and is less than five thousand dollars or if the 536
property stolen is any of the property listed in section 2913.71 537
of the Revised Code, a violation of this section is theft, a 538
felony of the fifth degree. If the value of the property or 539
services stolen is five thousand dollars or more and is less than 540
one hundred thousand dollars or if the property stolen is a 541
firearm or dangerous ordnance, as defined in section 2923.11 of 542
the Revised Code, a violation of this section is grand theft, a 543
felony of the fourth degree. If the property stolen is a motor 545
vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a 546
felony of the fourth degree. If the value of the property or 547
services stolen is one hundred thousand dollars or more, a 548
violation of this section is aggravated theft, a felony of the 549
third degree. If 550
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4), (5), 553
OR (6) OF THIS SECTION, IF THE VICTIM OF THE OFFENSE IS AN 554
ELDERLY PERSON OR DISABLED ADULT WHO LACKS THE CAPACITY TO 555
14
CONSENT, A VIOLATION OF THIS SECTION IS THEFT FROM AN ELDERLY 556
PERSON OR DISABLED ADULT, AND DIVISION (C)(3) OF THIS SECTION 557
APPLIES. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THEFT 558
FROM AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE FIFTH 560
DEGREE. IF THE VALUE OF THE PROPERTY OR SERVICES STOLEN IS FIVE 561
HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, 562
THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT IS A FELONY OF THE 563
FOURTH DEGREE. IF THE VALUE OF THE PROPERTY OR SERVICES STOLEN 564
IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN TWENTY-FIVE 565
THOUSAND DOLLARS, THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT 566
IS A FELONY OF THE THIRD DEGREE. IF THE VALUE OF THE PROPERTY OR 567
SERVICES STOLEN IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND IS 568
LESS THAN ONE HUNDRED THOUSAND DOLLARS, THEFT FROM AN ELDERLY 569
PERSON OR DISABLED ADULT IS A FELONY OF THE SECOND DEGREE. IF 570
THE VALUE OF THE PROPERTY OR SERVICES STOLEN IS ONE HUNDRED 571
THOUSAND DOLLARS OR MORE, THEFT FROM AN ELDERLY PERSON OR 572
DISABLED ADULT IS A FELONY OF THE FIRST DEGREE.
IF DIVISION (C)(3) OF THIS SECTION APPLIES AND IF THE 574
VIOLATION OF THIS SECTION OCCURS AS PART OF A COURSE OF CONDUCT 576
INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, CONSPIRACIES TO
VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS SECTION, SECTION 579
2913.03, 2913.04, 2913.31, OR 2913.43 OF THE REVISED CODE, OR 580
DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF THE REVISED CODE, 581
THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE, MAY 582
AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, LOSSES TO THE 585
VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD AS SECURITY
INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF CONDUCT. 587
(4) IF THE PROPERTY STOLEN IS A FIREARM OR DANGEROUS 589
ORDNANCE, A VIOLATION OF THIS SECTION IS GRAND THEFT, A FELONY OF 591
THE FOURTH DEGREE.
(5) IF THE PROPERTY STOLEN IS A MOTOR VEHICLE, A VIOLATION 594
OF THIS SECTION IS GRAND THEFT OF A MOTOR VEHICLE, A FELONY OF 595
THE FOURTH DEGREE.
(6) IF the property stolen is any dangerous drug, as 598
15
defined in section 4729.01 of the Revised Code, a violation of 600
this section is theft of drugs, a felony of the fourth degree, 601
or, if the offender previously has been convicted of a felony 602
drug abuse offense, as defined in section 2925.01 of the Revised 603
Code, a felony of the third degree. 604
Sec. 2913.03. (A) No person shall knowingly use or 613
operate an aircraft, motor vehicle, motorcycle, motorboat, or 614
other motor-propelled vehicle without the consent of the owner or 615
person authorized to give consent. 616
(B) No person shall knowingly use or operate an aircraft, 618
motor vehicle, motorboat, or other motor-propelled vehicle 619
without the consent of the owner or person authorized to give 620
consent, and either remove it from this state or keep possession 621
of it for more than forty-eight hours. 622
(C) The following are affirmative defenses to a charge 624
under this section: 625
(1) At the time of the alleged offense, the actor, though 627
mistaken, reasonably believed that the actor was authorized to 628
use or operate the property. 629
(2) At the time of the alleged offense, the actor 631
reasonably believed that the owner or person empowered to give 632
consent would authorize the actor to use or operate the property. 633
(D) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 635
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 636
OR DISABLED ADULT.
(E)(1) Whoever violates this section is guilty of 638
unauthorized use of a vehicle. A 639
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 641
THIS SECTION, A violation of division (A) of this section is a 643
misdemeanor of the first degree. A
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 646
THIS SECTION, A violation of division (B) of this section is a 647
felony of the fifth degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 649
16
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT AND IF THE 650
VICTIM INCURS A LOSS AS A RESULT OF THE VIOLATION, A VIOLATION OF 651
DIVISION (A) OR (B) OF THIS SECTION IS WHICHEVER OF THE FOLLOWING 652
IS APPLICABLE:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4)(b), 655
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 656
(b) IF THE LOSS TO THE VICTIM IS FIVE HUNDRED DOLLARS OR 658
MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A FELONY OF THE 659
FOURTH DEGREE;
(c) IF THE LOSS TO THE VICTIM IS FIVE THOUSAND DOLLARS OR 661
MORE AND IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF 662
THE THIRD DEGREE;
(d) IF THE LOSS TO THE VICTIM IS TWENTY-FIVE THOUSAND 664
DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, A 665
FELONY OF THE SECOND DEGREE; 666
(e) IF THE LOSS TO THE VICTIM IS ONE HUNDRED THOUSAND 668
DOLLARS OR MORE, A FELONY OF THE FIRST DEGREE. 669
(F) IF DIVISION (E)(4) OF THIS SECTION APPLIES AND IF THE 672
VIOLATION OF DIVISION (A) OR (B) OF THIS SECTION OCCURS AS PART 673
OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS OF, ATTEMPTS TO
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF 674
THIS SECTION, SECTION 2913.02, 2913.04, 2913.31, OR 2913.43 OF 675
THE REVISED CODE, OR DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF 676
THE REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE 677
OFFENSE, MAY AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES,
LOSSES TO THE VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD 678
AS SECURITY INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF 679
CONDUCT.
Sec. 2913.04. (A) No person shall knowingly use or 688
operate the property of another without the consent of the owner 689
or person authorized to give consent. 690
(B) No person shall knowingly gain access to, attempt to 692
gain access to, or cause access to be gained to any computer, 693
computer system, computer network, telecommunications device, 695
17
telecommunications service, or information service without the
consent of, or beyond the scope of the express or implied consent 696
of, the owner of the computer, computer system, computer network, 697
telecommunications device, telecommunications service, or 698
information service or other person authorized to give consent by 699
the owner.
(C) The affirmative defenses contained in division (C) of 701
section 2913.03 of the Revised Code are affirmative defenses to a 702
charge under this section. 703
(D) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 706
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 707
OR DISABLED ADULT.
(E)(1) Whoever violates division (A) of this section is 710
guilty of unauthorized use of property. Except
(2) EXCEPT as otherwise provided in this division (E)(3) 713
OR (4) OF THIS SECTION, unauthorized use of property is a 714
misdemeanor of the fourth degree. 715
If (3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 718
THIS SECTION, IF unauthorized use of property is committed for 719
the purpose of devising or executing a scheme to defraud or to 720
obtain property or services, unauthorized use of property is 721
whichever of the following is applicable:
(1)(a) Except as otherwise provided in division (D)(2), 724
(E)(3), or (4) (b), (c), OR (d) of this section, a misdemeanor of 726
the first degree.
(2)(b) If the value of the property or services or the 728
loss to the victim is five hundred dollars or more and is less 730
than five thousand dollars, a felony of the fifth degree. 731
(3)(c) If the value of the property or services or the 733
loss to the victim is five thousand dollars or more and is less 735
than one hundred thousand dollars, a felony of the fourth degree. 736
(4)(d) If the value of the property or services or the 738
loss to the victim is one hundred thousand dollars or more, a 739
felony of the third degree. 740
18
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 742
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, UNAUTHORIZED 743
USE OF PROPERTY IS WHICHEVER OF THE FOLLOWING IS APPLICABLE: 745
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4)(b), 748
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 750
(b) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 752
THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE 753
THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 754
(c) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 756
THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 757
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 759
(d) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 761
THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND IS LESS 762
THAN ONE HUNDRED THOUSAND DOLLARS, A FELONY OF THE SECOND DEGREE; 764
(e) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 766
THE VICTIM IS ONE HUNDRED THOUSAND DOLLARS OR MORE, A FELONY OF 769
THE FIRST DEGREE. 770
(E)(F) Whoever violates division (B) of this section is 772
guilty of unauthorized use of computer or telecommunication 773
property, a felony of the fifth degree. 774
(G) IF DIVISION (E)(4) OF THIS SECTION APPLIES AND IF THE 777
VIOLATION OF DIVISION (A) OF THIS SECTION OCCURS AS PART OF A 778
COURSE OF CONDUCT INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, 779
CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS 781
SECTION, SECTION 2913.02, 2913.03, 2913.31, OR 2913.43 OF THE 783
REVISED CODE, OR DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF THE 784
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE 786
OFFENSE, MAY AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, 787
LOSSES TO THE VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD 788
AS SECURITY INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF 790
CONDUCT.
Sec. 2913.21. (A) No person shall do any of the 799
following: 800
(1) Practice deception for the purpose of procuring the 802
19
issuance of a credit card, when a credit card is issued in actual 803
reliance thereon; 804
(2) Knowingly buy or sell a credit card from or to a 806
person other than the issuer. 807
(B) No person, with purpose to defraud, shall do any of 809
the following: 810
(1) Obtain control over a credit card as security for a 812
debt; 813
(2) Obtain property or services by the use of a credit 815
card, in one or more transactions, knowing or having reasonable 816
cause to believe that the card has expired or been revoked, or 817
was obtained, is retained, or is being used in violation of law; 818
(3) Furnish property or services upon presentation of a 820
credit card, knowing that the card is being used in violation of 821
law; 822
(4) Represent or cause to be represented to the issuer of 824
a credit card that property or services have been furnished, 825
knowing that the representation is false. 826
(C) No person, with purpose to violate this section, shall 828
receive, possess, control, or dispose of a credit card. 829
(D) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 831
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 832
OR DISABLED ADULT.
(E)(1) Whoever violates this section is guilty of misuse 834
of credit cards. 835
(2) A EXCEPT AS OTHERWISE PROVIDED IN DIVISION (E)(4) OF 837
THIS SECTION, A violation of division (A), (B)(1), or (C) of this 838
section is a misdemeanor of the first degree. 839
(3) Except as otherwise provided in this division OR 841
DIVISION (E)(4) OF THIS SECTION, a violation of division (B)(2), 843
(3), or (4) of this section is a misdemeanor of the first degree.
If the cumulative retail value of the property and services 844
involved in one or more violations of division (B)(2), (3), or 846
(4) of this section, which violations involve one or more credit 847
20
card accounts and occur within a period of ninety consecutive 848
days commencing on the date of the first violation, is five 849
hundred dollars or more and is less than five thousand dollars, 850
misuse of credit cards in violation of any of those divisions is 851
a felony of the fifth degree. If the cumulative retail value of 853
the property and services involved in one or more violations of 854
division (B)(2), (3), or (4) of this section, which violations 855
involve one or more credit card accounts and occur within a 856
period of ninety consecutive days commencing on the date of the 857
first violation, is five thousand dollars or more and is less 858
than one hundred thousand dollars, misuse of credit cards in 859
violation of any of those divisions is a felony of the fourth 860
degree. If the cumulative retail value of the property and 861
services involved in one or more violations of division (B)(2), 862
(3), or (4) of this section, which violations involve one or more 863
credit card accounts and occur within a period of ninety 864
consecutive days commencing on the date of the first violation, 865
is one hundred thousand dollars or more, misuse of credit cards 866
in violation of any of those divisions is a felony of the third 868
degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 870
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, AND IF THE 871
OFFENSE INVOLVES A VIOLATION OF DIVISION (B)(1) OR (2) OF THIS 872
SECTION, DIVISION (E)(4) OF THIS SECTION APPLIES. EXCEPT AS 873
OTHERWISE PROVIDED IN DIVISION (E)(4) OF THIS SECTION, A 874
VIOLATION OF DIVISION (B)(1) OR (2) OF THIS SECTION IS A FELONY 875
OF THE FIFTH DEGREE. IF THE DEBT FOR WHICH THE CARD IS HELD AS 876
SECURITY OR THE CUMULATIVE RETAIL VALUE OF THE PROPERTY OR 877
SERVICES INVOLVED IN THE VIOLATION IS FIVE HUNDRED DOLLARS OR 878
MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A VIOLATION OF
EITHER OF THOSE DIVISIONS IS A FELONY OF THE FOURTH DEGREE. IF 879
THE DEBT FOR WHICH THE CARD IS HELD AS SECURITY OR THE CUMULATIVE 880
RETAIL VALUE OF THE PROPERTY OR SERVICES INVOLVED IN THE 881
VIOLATION IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN
21
TWENTY-FIVE THOUSAND DOLLARS, A VIOLATION OF EITHER OF THOSE 882
DIVISIONS IS A FELONY OF THE THIRD DEGREE. IF THE DEBT FOR WHICH 883
THE CARD IS HELD AS SECURITY OR THE CUMULATIVE RETAIL VALUE OF 884
THE PROPERTY OR SERVICES INVOLVED IN THE VIOLATION IS TWENTY-FIVE 885
THOUSAND DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED THOUSAND 886
DOLLARS, A VIOLATION OF EITHER OF THOSE DIVISION IS A FELONY OF 887
THE SECOND DEGREE. IF THE DEBT FOR WHICH THE CARD IS HELD AS
SECURITY OR THE CUMULATIVE RETAIL VALUE OF THE PROPERTY OR 888
SERVICES INVOLVED IN THE VIOLATION IS ONE HUNDRED THOUSAND 889
DOLLARS OR MORE, A VIOLATION OF EITHER OF THOSE DIVISIONS IS A 890
FELONY OF THE FIRST DEGREE.
(F) IF DIVISION (E)(4) OF THIS SECTION APPLIES AND IF THE 893
VIOLATION OF DIVISION (B)(1) OR (2) OF THIS SECTION OCCURS AS
PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS OF, 894
ATTEMPTS TO VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN 895
VIOLATIONS OF DIVISION (B)(1) OR (2) OF THIS SECTION OR SECTION 896
2913.02, 2913.03, 2913.04,. 2913.31, OR 2913.43 OF THE REVISED 897
CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE, MAY 898
AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, LOSSES TO THE
VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD AS SECURITY 899
INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF CONDUCT. 900
Sec. 2913.31. (A) No person, with purpose to defraud, or 909
knowing that the person is facilitating a fraud, shall do any of 910
the following: 911
(1) Forge any writing of another without the other 913
person's authority; 914
(2) Forge any writing so that it purports to be genuine 916
when it actually is spurious, or to be the act of another who did 917
not authorize that act, or to have been executed at a time or 918
place or with terms different from what in fact was the case, or 919
to be a copy of an original when no such original existed; 920
(3) Utter, or possess with purpose to utter, any writing 922
that the person knows to have been forged. 923
(B) No person shall knowingly do either of the following: 925
22
(1) Forge an identification card; 927
(2) Sell or otherwise distribute a card that purports to 929
be an identification card, knowing it to have been forged. 930
As used in this division, "identification card" means a 932
card that includes personal information or characteristics of an 933
individual, a purpose of which is to establish the identity of 934
the bearer described on the card, whether the words "identity," 935
"identification," "identification card," or other similar words 936
appear on the card. 937
(C) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 940
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 941
OR DISABLED ADULT.
(D)(1)(a) Whoever violates division (A) of this section is 943
guilty of forgery. Except 944
(b) EXCEPT as otherwise provided in this division OR 947
DIVISION (D)(1)(c) OF THIS SECTION, forgery is a felony of the 948
fifth degree. If property or services are involved in the 949
offense or the victim suffers a loss and if, FORGERY IS ONE OF 950
THE FOLLOWING:
(i) IF the value of the property or services or the loss 952
to the victim is five thousand dollars or more and is less than 955
one hundred thousand dollars, forgery is a felony of the fourth 957
degree. If property or services are involved in the offense or 959
the victim suffers a loss and if;
(ii) IF the value of the property or services or the loss 963
to the victim is one hundred thousand dollars or more, forgery is 964
a felony of the third degree. 965
(c) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 967
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, DIVISION 969
(D)(1)(c) OF THIS SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED 970
IN DIVISION (D)(1)(c) OF THIS SECTION, FORGERY IS A FELONY OF THE 971
FIFTH DEGREE. IF PROPERTY OR SERVICES ARE INVOLVED IN THE 972
OFFENSE OR IF THE VICTIM SUFFERS A LOSS, FORGERY IS ONE OF THE 973
FOLLOWING:
23
(i) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 976
TO THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN 977
FIVE THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 978
(ii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 982
TO THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 983
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 984
(iii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 988
TO THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND IS LESS 989
THAN ONE HUNDRED THOUSAND DOLLARS, A FELONY OF THE SECOND DEGREE; 990
(iv) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 993
TO THE VICTIM IS ONE HUNDRED THOUSAND DOLLARS OR MORE, A FELONY 995
OF THE FIRST DEGREE.
(d) IF DIVISION (D)(1)(c) OF THIS SECTION APPLIES AND IF 999
THE VIOLATION OF DIVISION (A) OF THIS SECTION OCCURS AS PART OF A 1,000
COURSE OF CONDUCT INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, 1,001
CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS 1,003
SECTION, SECTION 2913.02, 2913.03, 2913.04, OR 2913.43 OF THE 1,005
REVISED CODE, OR DIVISION (B)(1) OR (2) OF SECTION 2913.21 OF THE
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE 1,007
OFFENSE, MAY AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, 1,009
LOSSES TO THE VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD 1,010
AS A SECURITY INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE 1,011
OF CONDUCT. 1,012
(2) Whoever violates division (B) of this section is 1,014
guilty of forging identification cards or selling or distributing 1,015
forged identification cards. Except as otherwise provided in 1,017
this division, forging identification cards or selling or
distributing forged identification cards is a misdemeanor of the 1,018
first degree. If the offender previously has been convicted of a 1,019
violation of division (B) of this section, forging identification 1,020
cards or selling or distributing forged identification cards is a 1,022
misdemeanor of the first degree and, in addition, the court shall 1,023
impose upon the offender a fine of not less than two hundred 1,024
fifty dollars.
24
Sec. 2913.43. (A) No person, by deception, shall cause 1,033
another to execute any writing that disposes of or encumbers 1,034
property, or by which a pecuniary obligation is incurred. 1,035
(B) NOTHING IN THIS SECTION IMPOSES CRIMINAL LIABILITY ON 1,038
A PERSON WHO MADE A GOOD FAITH EFFORT TO ASSIST AN ELDERLY PERSON 1,039
OR DISABLED ADULT.
(C)(1) Whoever violates this section is guilty of securing 1,041
writings by deception. Except 1,043
(2) EXCEPT as otherwise provided in this division OR 1,045
DIVISION (C)(3) OF THIS SECTION, securing writings by deception 1,048
is a misdemeanor of the first degree. If the value of the
property or the obligation involved is five hundred dollars or 1,049
more and less than five thousand dollars, securing writings by 1,050
deception is a felony of the fifth degree. If the value of the 1,051
property or the obligation involved is five thousand dollars or 1,052
more and is less than one hundred thousand dollars, securing 1,053
writings by deception is a felony of the fourth degree. If the
value of the property or the obligation involved is one hundred 1,054
thousand dollars or more, securing writings by deception is a 1,055
felony of the third degree.
(3) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 1,057
DISABLED ADULT WHO LACKS THE CAPACITY TO CONSENT, DIVISION (C)(3) 1,059
OF THIS SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED IN 1,060
DIVISION (C)(3) OF THIS SECTION, SECURING WRITINGS BY DECEPTION 1,062
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 1,064
THAN FIVE THOUSAND DOLLARS, SECURING WRITINGS BY DECEPTION IS A 1,065
FELONY OF THE FOURTH DEGREE. IF THE VALUE OF THE PROPERTY OR 1,066
OBLIGATION INVOLVED IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS 1,067
THAN TWENTY-FIVE THOUSAND DOLLARS, SECURING WRITINGS BY DECEPTION 1,068
IS A FELONY OF THE THIRD DEGREE. IF THE VALUE OF THE PROPERTY OR 1,069
OBLIGATION INVOLVED IS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND 1,070
IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, SECURING WRITINGS BY 1,071
DECEPTION IS A FELONY OF THE SECOND DEGREE. IF THE VALUE OF THE 1,072
25
PROPERTY OR OBLIGATION INVOLVED IS ONE HUNDRED THOUSAND DOLLARS 1,073
OR MORE, SECURING WRITINGS BY DECEPTION IS A FELONY OF THE FIRST 1,074
DEGREE.
IF DIVISION (C)(3) OF THIS SECTION APPLIES AND IF THE 1,076
VIOLATION OF THIS SECTION OCCURS AS PART OF A COURSE OF CONDUCT 1,078
INVOLVING VIOLATIONS OF, ATTEMPTS TO VIOLATE, CONSPIRACIES TO 1,079
VIOLATE, OR COMPLICITY IN VIOLATIONS OF THIS SECTION, SECTION 1,081
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 1,082
CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE, MAY 1,084
AGGREGATE THE VALUE OF ALL PROPERTY, SERVICES, LOSSES TO THE 1,086
VICTIMS, AND DEBTS FOR WHICH CREDIT CARDS ARE HELD AS SECURITY
INVOLVED IN THE VIOLATIONS COMPRISING THAT COURSE OF CONDUCT. 1,088
Sec. 2913.73. IN A PROSECUTION FOR ANY ALLEGED VIOLATION 1,090
OF A PROVISION OF THIS CHAPTER, IF THE LACK OF CONSENT OF THE 1,092
VICTIM IS AN ELEMENT OF THE PROVISION THAT ALLEGEDLY WAS 1,093
VIOLATED, EVIDENCE THAT, AT THE TIME OF THE ALLEGED VIOLATION, 1,094
THE VICTIM LACKED THE CAPACITY TO GIVE CONSENT IS ADMISSIBLE TO 1,095
SHOW THAT THE VICTIM DID NOT GIVE CONSENT. 1,096
Section 2. That existing sections 301.27, 2913.01, 1,098
2913.02, 2913.03, 2913.04, 2913.21, 2913.31, and 2913.43 of the 1,099
Revised Code are hereby repealed.