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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          10     


                                                                 
      (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.