As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 2 5
1999-2000 6
REPRESENTATIVES TIBERI-JAMES-THOMAS-TAYLOR-PATTON- 8
GRENDELL-HAINES-PRINGLE-VESPER-JONES-COUGHLIN- 9
JERSE-LUCAS-BRADING-JACOBSON-ROMAN-HEALY-O'BRIEN- 10
BOYD-MOTTLEY-EVANS-METELSKY-MYERS-TERWILLEGER-OPFER- 11
HOOPS-YOUNG-HOUSEHOLDER-GOODMAN-CALLENDER-DAMSCHRODER- 12
CORBIN-CLANCY-BUCHY-GARDNER-KREBS-CATES-WILLAMOWSKI- 13
HARRIS-METZGER-JOLIVETTE-OLMAN-WOMER BENJAMIN-MEAD- 14
BATEMAN-SCHULER-AMSTUTZ-SALERNO-MAIER-OGG-BENDER-LOGAN- D. 16
MILLER-BEATTY-WILSON-BRITTON-WESTON-CORE-PERZ-
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-SENATORS LATTA- HERINGTON 21
_________________________________________________________________ 23
A B I L L
To amend sections 301.27, 2913.01, 2913.02, 2913.03, 25
2913.04, 2913.21, 2913.31, 2913.43, and 2913.61 26
and to enact section 2913.73 of the Revised Code 27
to enhance the penalty for committing the 28
offenses of theft, unauthorized use of a vehicle,
unauthorized use of property, misuse of credit 30
cards in specified circumstances, fraud, and
securing writings by deception when the victim of 32
the offense is an elderly person or disabled
adult, to permit for sentencing purposes the 34
aggregation in accordance with specific statutory
guidelines of all property, services, losses to 35
the victims, and debts for which credit cards are 36
held for security involved in the commission of 37
any of those offenses as part of a course of
conduct involving those theft offenses when the 40
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victim of the offense is an elderly person or
disabled adult, and to permit evidence that a 42
victim lacked the capacity to give consent to be 43
admitted in the prosecution of a theft offense to 44
show that the victim did not give consent. 45
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 47
Section 1. That sections 301.27, 2913.01, 2913.02, 49
2913.03, 2913.04, 2913.21, 2913.31, 2913.43, and 2913.61 be 51
amended and section 2913.73 of the Revised Code be enacted to 52
read as follows:
Sec. 301.27. (A) As used in this section: 61
(1) "Credit card" includes a gasoline credit card and a 63
telephone credit card. 64
(2) "Officer" includes an individual who also is an 66
appointing authority. 67
(3) "Gasoline and oil expenses," "minor motor vehicle 69
maintenance expenses," and "emergency motor vehicle repair 70
expenses" refer to only those expenses incurred for motor 71
vehicles owned or leased by the county. 72
(B) A credit card held by a board of county commissioners 74
or the office of any other county appointing authority shall be 75
used only to pay work-related food, transportation, gasoline and 76
oil, minor motor vehicle maintenance, emergency motor vehicle 78
repair, telephone, lodging, and internet service provider 79
expenses.
(C) A county appointing authority may apply to the board 81
of county commissioners for authorization to have an officer or 82
employee of the appointing authority use a credit card held by 83
that appointing authority. The authorization request shall state 84
whether the card is to be issued only in the name of the office 85
of the appointing authority itself or whether the issued card 86
shall also include the name of a specified officer or employee. 87
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(D) The debt incurred as a result of the use of a credit 89
card pursuant to this section shall be paid from moneys 90
appropriated to the appointing authority for work-related food, 91
transportation, gasoline and oil, minor motor vehicle 93
maintenance, emergency motor vehicle repair, telephone, lodging, 94
and internet service provider expenses. 95
(E)(1) Except as otherwise provided in division (E)(2) of 97
this section, every officer or employee authorized to use a 98
credit card held by the board or appointing authority shall 99
submit to the board by the first day of each month an estimate of 100
the officer's or employee's work-related food, transportation, 101
gasoline and oil, minor motor vehicle maintenance, emergency 103
motor vehicle repair, telephone, lodging, and internet service 104
provider expenses for that month, unless the board authorizes, by 105
resolution, the officer or employee to submit to the board such 106
an estimate for a period longer than one month. The board may 107
revise the estimate and determine the amount it approves, if any, 108
not to exceed the estimated amount. The board shall certify the 109
amount of its determination to the county auditor along with the 110
necessary information for the auditor to determine the 111
appropriate appropriation line item from which such expenditures 112
are to be made. After receiving certification from the county 113
auditor that the determined sum of money is in the treasury or in 114
the process of collection to the credit of the appropriate 115
appropriation line item for which the credit card is approved for 116
use, and is free from previous and then-outstanding obligations 117
or certifications, the board shall authorize the officer or 118
employee to incur debt for such expenses against the county's 119
credit up to the authorized amount. 120
(2) In lieu of following the procedure set forth in 122
division (E)(1) of this section, a board of county commissioners 123
may adopt a resolution authorizing an officer or employee of an 124
appointing authority to use a county credit card to pay for 125
specific classes of the work-related expenses listed in division 126
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(B) of this section, or use a specific credit card for any of 127
those work-related expenses listed in division (B) of this 128
section, without submitting an estimate of those expenses to the 129
board as required by division (E)(1) of this section. Prior to 130
adopting the resolution, the board shall notify the county 131
auditor. The resolution shall specify whether the officer's or 132
employee's exemption extends to the use of a specific card, which 133
card shall be identified by its number, or to one or more 134
specific work-related uses from the classes of uses permitted 135
under division (B) of this section. Before any credit card 136
exempted for specific uses may be used to make purchases for uses 138
other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be 139
followed or the use shall be considered an unauthorized use. Use 140
of any credit card under division (E)(2) of this section shall be 141
limited to the amount appropriated and encumbered in a specific 142
appropriation line item for the permitted use or uses designated 143
in the authorizing resolution, or, in the case of a resolution 144
that authorizes use of a specific credit card, for each of the 145
permitted uses listed in division (B) of this section, but only 146
to the extent the moneys in such appropriations are not otherwise 147
encumbered. 148
(F)(1) Any time a county credit card approved for use for 150
an authorized amount under division (E)(1) of this section is 151
used for more than that authorized amount, the appointing 152
authority may request the board of county commissioners to 153
authorize after the fact the expenditure of any amount charged 154
beyond the originally authorized amount if, upon the board's 155
request, the county auditor certifies that sum of money is in the 156
treasury or in the process of collection to the credit of the 157
appropriate appropriation line item for which the credit card was 158
used and is free from previous and then-outstanding obligations 159
or certifications. If the card is used for more than the amount 160
originally authorized and if for any reason that amount is not 161
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authorized after the fact, then the county treasury shall be 162
reimbursed for any amount spent beyond the originally authorized 163
amount in the following manner: 164
(a) If the card is issued in the name of a specific 166
officer or employee, then that officer or employee is liable in 167
person and upon any official bond the officer or employee has 168
given to the county to reimburse the county treasury for the 170
amount charged to the county beyond the originally authorized 171
amount.
(b) If the card was issued to the office of the appointing 173
authority, then the appointing authority is liable in person and 174
upon any official bond the appointing authority has given to the 176
county for the amount charged to the county beyond the originally 177
authorized amount.
(2) Any time a county credit card authorized for use under 179
division (E)(2) of this section is used for more than the amount 180
appropriated under that division, the appointing authority may 181
request the board of county commissioners to issue a supplemental 182
appropriation or make a transfer to the proper line item account 183
as permitted in section 5705.40 of the Revised Code, to cover the 184
amount charged beyond the originally appropriated amount. If the 185
card is used for more than the amount originally appropriated and 186
if for any reason that amount is not appropriated or transferred 187
as permitted by this section, then the county treasury shall be 188
reimbursed for any amount spent beyond the originally 189
appropriated amount in the following manner: 190
(a) If the card is issued in the name of a specific 192
officer or employee, then that officer or employee is liable in 193
person and upon any official bond the officer or employee has 194
given to the county for reimbursing the county treasury for any 196
amount charged on the card beyond the originally appropriated 197
amount.
(b) If the card is issued in the name of the office of the 199
appointing authority, then the appointing authority is liable in 200
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person and upon any official bond the appointing authority has 202
given to the county for reimbursement for any amount charged on 203
the card beyond the originally appropriated amount. 204
(3) Whenever any officer or employee authorized to use a 206
credit card held by the board or the office of any other county 207
appointing authority suspects the loss, theft, or possibility of 208
unauthorized use of the county credit card the officer or 209
employee is authorized to use, the officer or employee shall so 211
notify the officer's or employee's appointing authority or the 212
board immediately and in writing. 213
(4) If the county auditor determines there has been a 215
credit card expenditure beyond the appropriated or authorized 216
amount as provided in division (E) of this section, the auditor 217
immediately shall notify the board of county commissioners of 219
this fact. When the board of county commissioners determines on 220
its own or after notification from the county auditor that the 221
county treasury should be reimbursed for credit card expenditures 222
beyond the appropriated or authorized amount as provided in 223
divisions (F)(1) and (2) of this section, it shall give written 224
notice to the officer or employee or appointing authority liable 226
to the treasury as provided in divisions (F)(1) and (2) of this 227
section. If, within thirty days after issuance of this written 228
notice the county treasury is not reimbursed for the amount shown 229
on the written notice, the prosecuting attorney of the county 230
shall recover that amount from the officer or employee or 231
appointing authority who is liable under this section by civil 232
action in any court of appropriate jurisdiction. 233
(G) Use of a county credit card for any use other than 235
those permitted under division (B) of this section is a violation 236
of law for the purposes of division (D) of section 2913.21 of the 238
Revised Code.
Sec. 2913.01. As used in this chapter, unless the context 247
requires that a term be given a different meaning: 248
(A) "Deception" means knowingly deceiving another or 250
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causing another to be deceived by any false or misleading 251
representation, by withholding information, by preventing another 252
from acquiring information, or by any other conduct, act, or 253
omission that creates, confirms, or perpetuates a false 254
impression in another, including a false impression as to law, 255
value, state of mind, or other objective or subjective fact. 256
(B) "Defraud" means to knowingly obtain, by deception, 258
some benefit for oneself or another, or to knowingly cause, by 259
deception, some detriment to another. 260
(C) "Deprive" means to do any of the following: 262
(1) Withhold property of another permanently, or for a 264
period that appropriates a substantial portion of its value or 265
use, or with purpose to restore it only upon payment of a reward 266
or other consideration; 267
(2) Dispose of property so as to make it unlikely that the 269
owner will recover it; 270
(3) Accept, use, or appropriate money, property, or 272
services, with purpose not to give proper consideration in return 273
for the money, property, or services, and without reasonable 274
justification or excuse for not giving proper consideration. 275
(D) "Owner" means, unless the context requires a different 277
meaning, any person, other than the actor, who is the owner of, 279
who has possession or control of, or who has any license or 281
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. 282
(E) "Services" include labor, personal services, 284
professional services, public utility services, common carrier 285
services, and food, drink, transportation, entertainment, and 286
cable television services. 287
(F) "Writing" means any computer software, document, 289
letter, memorandum, note, paper, plate, data, film, or other 290
thing having in or upon it any written, typewritten, or printed 291
matter, and any token, stamp, seal, credit card, badge, 293
trademark, label, or other symbol of value, right, privilege, 294
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license, or identification.
(G) "Forge" means to fabricate or create, in whole or in 296
part and by any means, any spurious writing, or to make, execute, 297
alter, complete, reproduce, or otherwise purport to authenticate 298
any writing, when the writing in fact is not authenticated by 299
that conduct. 300
(H) "Utter" means to issue, publish, transfer, use, put or 302
send into circulation, deliver, or display. 303
(I) "Coin machine" means any mechanical or electronic 305
device designed to do both of the following: 306
(1) Receive a coin, bill, or token made for that purpose; 308
(2) In return for the insertion or deposit of a coin, 310
bill, or token, automatically dispense property, provide a 311
service, or grant a license. 312
(J) "Slug" means an object that, by virtue of its size, 314
shape, composition, or other quality, is capable of being 315
inserted or deposited in a coin machine as an improper substitute 316
for a genuine coin, bill, or token made for that purpose. 317
(K) "Theft offense" means any of the following: 319
(1) A violation of section 2911.01, 2911.02, 2911.11, 321
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 322
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 324
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 326
2913.47, former section 2913.47 or 2913.48, or section 2913.51, 327
2915.05, or 2921.41 of the Revised Code; 328
(2) A violation of an existing or former municipal 330
ordinance or law of this or any other state, or of the United 331
States, substantially equivalent to any section listed in 332
division (K)(1) of this section or a violation of section 333
2913.41, 2913.81, or 2915.06 of the Revised Code as it existed 334
prior to July 1, 1996;
(3) An offense under an existing or former municipal 336
ordinance or law of this or any other state, or of the United 337
States, involving robbery, burglary, breaking and entering, 338
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theft, embezzlement, wrongful conversion, forgery, 339
counterfeiting, deceit, or fraud; 340
(4) A conspiracy or attempt to commit, or complicity in 342
committing, any offense under division (K)(1), (2), or (3) of 343
this section. 344
(L) "Computer services" includes, but is not limited to, 346
the use of a computer system, computer network, computer program, 347
data that is prepared for computer use, or data that is contained 348
within a computer system or computer network. 349
(M) "Computer" means an electronic device that performs 351
logical, arithmetic, and memory functions by the manipulation of 352
electronic or magnetic impulses. "Computer" includes, but is not 353
limited to, all input, output, processing, storage, computer 354
program, or communication facilities that are connected, or 355
related, in a computer system or network to an electronic device 357
of that nature.
(N) "Computer system" means a computer and related 359
devices, whether connected or unconnected, including, but not 360
limited to, data input, output, and storage devices, data 361
communications links, and computer programs and data that make 362
the system capable of performing specified special purpose data 363
processing tasks. 364
(O) "Computer network" means a set of related and remotely 366
connected computers and communication facilities that includes 367
more than one computer system that has the capability to transmit 368
among the connected computers and communication facilities 369
through the use of computer facilities. 370
(P) "Computer program" means an ordered set of data 372
representing coded instructions or statements that, when executed 373
by a computer, cause the computer to process data. 374
(Q) "Computer software" means computer programs, 376
procedures, and other documentation associated with the operation 377
of a computer system. 378
(R) "Data" means a representation of information, 380
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knowledge, facts, concepts, or instructions that are being or 381
have been prepared in a formalized manner and that are intended 382
for use in a computer, computer system, or computer network. For 384
purposes of section 2913.47 of the Revised Code, "data" has the 386
additional meaning set forth in division (A) of that section. 387
(S) "Cable television service" means any services provided 389
by or through the facilities of any cable television system or 390
other similar closed circuit coaxial cable communications system, 391
or any microwave or similar transmission service used in 392
connection with any cable television system or other similar 393
closed circuit coaxial cable communications system. 394
(T) "Gain access" means to approach, instruct, communicate 396
with, store data in, retrieve data from, or otherwise make use of 397
any resources of a computer, computer system, or computer 398
network. 399
(U) "Credit card" includes, but is not limited to, a card, 401
code, device, or other means of access to a customer's account 402
for the purpose of obtaining money, property, labor, or services 403
on credit, or for initiating an electronic fund transfer at a 404
point-of-sale terminal, an automated teller machine, or a cash 405
dispensing machine. 406
(V) "Electronic fund transfer" has the same meaning as in 408
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended. 409
(W) "Rented property" means personal property in which the 411
right of possession and use of the property is for a short and 412
possibly indeterminate term in return for consideration; the 413
rentee generally controls the duration of possession of the 414
property, within any applicable minimum or maximum term; and the 415
amount of consideration generally is determined by the duration 416
of possession of the property.
(X) "Telecommunication" means the origination, emission, 419
dissemination, transmission, or reception of data, images,
signals, sounds, or other intelligence or equivalence of 420
intelligence of any nature over any communications system by any 421
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method, including, but not limited to, a fiber optic, electronic, 422
magnetic, optical, digital, or analog method. 423
(Y) "Telecommunications device" means any instrument, 426
equipment, machine, or other device that facilitates 427
telecommunication, including, but not limited to, a computer, 428
computer network, computer chip, computer circuit, scanner, 429
telephone, cellular telephone, pager, personal communications 430
device, transponder, receiver, radio, modem, or device that 431
enables the use of a modem.
(Z) "Telecommunications service" means the providing, 434
allowing, facilitating, or generating of any form of 435
telecommunication through the use of a telecommunications device 436
over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a 439
telecommunications device that, alone or with another 440
telecommunications device, has been altered, constructed, 441
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or 442
information service without the authority or consent of the 444
provider of the telecommunications service or information 445
service. "Counterfeit telecommunications device" includes, but 446
is not limited to, a clone telephone, clone microchip, tumbler 447
telephone, or tumbler microchip; a wireless scanning device 448
capable of acquiring, intercepting, receiving, or otherwise 449
facilitating the use of telecommunications service or information 450
service without immediate detection; or a device, equipment, 451
hardware, or software designed for, or capable of, altering or 452
changing the electronic serial number in a wireless telephone. 453
(BB)(1) "Information service" means, subject to division 456
(BB)(2) of this section, the offering of a capability for 458
generating, acquiring, storing, transforming, processing, 459
retrieving, utilizing, or making available information via 460
telecommunications, including, but not limited to, electronic 461
publishing.
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(2) "Information service" does not include any use of a 463
capability of a type described in division (BB)(1) of this 465
section for the management, control, or operation of a 466
telecommunications system or the management of a 467
telecommunications service.
(CC) "ELDERLY PERSON" MEANS A PERSON WHO IS SIXTY-FIVE 469
YEARS OF AGE OR OLDER. 470
(DD) "DISABLED ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS 472
OF AGE OR OLDER AND HAS SOME IMPAIRMENT OF BODY OR MIND THAT 474
MAKES THE PERSON UNFIT TO WORK AT ANY SUBSTANTIALLY REMUNERATIVE 475
EMPLOYMENT THAT THE PERSON OTHERWISE WOULD BE ABLE TO PERFORM AND 476
THAT WILL, WITH REASONABLE PROBABILITY, CONTINUE FOR A PERIOD OF 477
AT LEAST TWELVE MONTHS WITHOUT ANY PRESENT INDICATION OF RECOVERY 478
FROM THE IMPAIRMENT, OR WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND 479
HAS BEEN CERTIFIED AS PERMANENTLY AND TOTALLY DISABLED BY AN 480
AGENCY OF THIS STATE OR THE UNITED STATES THAT HAS THE FUNCTION 481
OF SO CLASSIFYING PERSONS. 482
(EE) "FIREARM" AND "DANGEROUS ORDNANCE" HAVE THE SAME 484
MEANINGS AS IN SECTION 2923.11 OF THE REVISED CODE. 485
(FF) "MOTOR VEHICLE" HAS THE SAME MEANING AS IN SECTION 487
4501.01 OF THE REVISED CODE. 488
(GG) "DANGEROUS DRUG" HAS THE SAME MEANING AS IN SECTION 490
4729.01 OF THE REVISED CODE. 491
(HH) "DRUG ABUSE OFFENSE" HAS THE SAME MEANING AS IN 493
SECTION 2925.01 OF THE REVISED CODE. 494
Sec. 2913.02. (A) No person, with purpose to deprive the 503
owner of property or services, shall knowingly obtain or exert 504
control over either the property or services in any of the 505
following ways: 506
(1) Without the consent of the owner or person authorized 508
to give consent; 509
(2) Beyond the scope of the express or implied consent of 511
the owner or person authorized to give consent; 512
(3) By deception; 514
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(4) By threat; 516
(5) BY INTIMIDATION. 518
(B)(1) Whoever violates this section is guilty of theft. 520
Except 521
(2) EXCEPT as otherwise provided in this division OR 525
DIVISION (B)(3), (4), (5), OR (6) OF THIS SECTION, a violation of 526
this section is petty theft, a misdemeanor of the first degree. 527
If the value of the property or services stolen is five hundred 528
dollars or more and is less than five thousand dollars or if the 529
property stolen is any of the property listed in section 2913.71 530
of the Revised Code, a violation of this section is theft, a 531
felony of the fifth degree. If the value of the property or 532
services stolen is five thousand dollars or more and is less than 533
one hundred thousand dollars or if the property stolen is a 534
firearm or dangerous ordnance, as defined in section 2923.11 of 535
the Revised Code, a violation of this section is grand theft, a 536
felony of the fourth degree. If the property stolen is a motor 538
vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a 539
felony of the fourth degree. If the value of the property or 540
services stolen is one hundred thousand dollars or more, a 541
violation of this section is aggravated theft, a felony of the 542
third degree. If 543
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4), (5), 546
OR (6) OF THIS SECTION, IF THE VICTIM OF THE OFFENSE IS AN 547
ELDERLY PERSON OR DISABLED ADULT, A VIOLATION OF THIS SECTION IS 549
THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT, AND DIVISION 550
(B)(3) OF THIS SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED IN 551
THIS DIVISION, THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT IS 552
A FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE PROPERTY OR 553
SERVICES STOLEN IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN 554
FIVE THOUSAND DOLLARS, THEFT FROM AN ELDERLY PERSON OR DISABLED 555
ADULT IS A FELONY OF THE FOURTH DEGREE. IF THE VALUE OF THE 556
PROPERTY OR SERVICES STOLEN IS FIVE THOUSAND DOLLARS OR MORE AND 557
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IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS, THEFT FROM AN ELDERLY 558
PERSON OR DISABLED ADULT IS A FELONY OF THE THIRD DEGREE. IF THE 559
VALUE OF THE PROPERTY OR SERVICES STOLEN IS TWENTY-FIVE THOUSAND 560
DOLLARS OR MORE, THEFT FROM AN ELDERLY PERSON OR DISABLED ADULT 562
IS A FELONY OF THE SECOND DEGREE. 563
(4) IF THE PROPERTY STOLEN IS A FIREARM OR DANGEROUS 565
ORDNANCE, A VIOLATION OF THIS SECTION IS GRAND THEFT, A FELONY OF 567
THE FOURTH DEGREE.
(5) IF THE PROPERTY STOLEN IS A MOTOR VEHICLE, A VIOLATION 570
OF THIS SECTION IS GRAND THEFT OF A MOTOR VEHICLE, A FELONY OF 571
THE FOURTH DEGREE.
(6) IF the property stolen is any dangerous drug, as 574
defined in section 4729.01 of the Revised Code, a violation of 576
this section is theft of drugs, a felony of the fourth degree, 577
or, if the offender previously has been convicted of a felony 578
drug abuse offense, as defined in section 2925.01 of the Revised 579
Code, a felony of the third degree. 580
Sec. 2913.03. (A) No person shall knowingly use or 589
operate an aircraft, motor vehicle, motorcycle, motorboat, or 590
other motor-propelled vehicle without the consent of the owner or 591
person authorized to give consent. 592
(B) No person shall knowingly use or operate an aircraft, 594
motor vehicle, motorboat, or other motor-propelled vehicle 595
without the consent of the owner or person authorized to give 596
consent, and either remove it from this state or keep possession 597
of it for more than forty-eight hours. 598
(C) The following are affirmative defenses to a charge 600
under this section: 601
(1) At the time of the alleged offense, the actor, though 603
mistaken, reasonably believed that the actor was authorized to 604
use or operate the property. 605
(2) At the time of the alleged offense, the actor 607
reasonably believed that the owner or person empowered to give 608
consent would authorize the actor to use or operate the property. 609
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(D)(1) Whoever violates this section is guilty of 611
unauthorized use of a vehicle. A 612
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 614
THIS SECTION, A violation of division (A) of this section is a 616
misdemeanor of the first degree. A
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 619
THIS SECTION, A violation of division (B) of this section is a 620
felony of the fifth degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 622
DISABLED ADULT AND IF THE VICTIM INCURS A LOSS AS A RESULT OF THE 624
VIOLATION, A VIOLATION OF DIVISION (A) OR (B) OF THIS SECTION IS 625
WHICHEVER OF THE FOLLOWING IS APPLICABLE:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4)(b), 628
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 629
(b) IF THE LOSS TO THE VICTIM IS FIVE HUNDRED DOLLARS OR 631
MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A FELONY OF THE 632
FOURTH DEGREE;
(c) IF THE LOSS TO THE VICTIM IS FIVE THOUSAND DOLLARS OR 634
MORE AND IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF 635
THE THIRD DEGREE;
(d) IF THE LOSS TO THE VICTIM IS TWENTY-FIVE THOUSAND 637
DOLLARS OR MORE, A FELONY OF THE SECOND DEGREE. 638
Sec. 2913.04. (A) No person shall knowingly use or 647
operate the property of another without the consent of the owner 648
or person authorized to give consent. 649
(B) No person shall knowingly gain access to, attempt to 651
gain access to, or cause access to be gained to any computer, 652
computer system, computer network, telecommunications device, 654
telecommunications service, or information service without the
consent of, or beyond the scope of the express or implied consent 655
of, the owner of the computer, computer system, computer network, 656
telecommunications device, telecommunications service, or 657
information service or other person authorized to give consent by 658
the owner.
16
(C) The affirmative defenses contained in division (C) of 660
section 2913.03 of the Revised Code are affirmative defenses to a 661
charge under this section. 662
(D)(1) Whoever violates division (A) of this section is 665
guilty of unauthorized use of property. Except
(2) EXCEPT as otherwise provided in this division (D)(3) 668
OR (4) OF THIS SECTION, unauthorized use of property is a 669
misdemeanor of the fourth degree. 670
If (3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 673
THIS SECTION, IF unauthorized use of property is committed for 674
the purpose of devising or executing a scheme to defraud or to 675
obtain property or services, unauthorized use of property is 676
whichever of the following is applicable:
(1)(a) Except as otherwise provided in division (D)(2), 679
(3), or (4) (b), (c), OR (d) of this section, a misdemeanor of 681
the first degree.
(2)(b) If the value of the property or services or the 683
loss to the victim is five hundred dollars or more and is less 685
than five thousand dollars, a felony of the fifth degree. 686
(3)(c) If the value of the property or services or the 688
loss to the victim is five thousand dollars or more and is less 690
than one hundred thousand dollars, a felony of the fourth degree. 691
(4)(d) If the value of the property or services or the 693
loss to the victim is one hundred thousand dollars or more, a 694
felony of the third degree. 695
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 697
DISABLED ADULT, UNAUTHORIZED USE OF PROPERTY IS WHICHEVER OF THE 699
FOLLOWING IS APPLICABLE: 700
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4)(b), 703
(c), (d), OR (e) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 705
(b) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 707
THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE 708
THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 709
(c) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 711
17
THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 712
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 714
(d) IF THE VALUE OF THE PROPERTY OR SERVICES OR LOSS TO 716
THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE, A FELONY OF 718
THE SECOND DEGREE.
(E) Whoever violates division (B) of this section is 720
guilty of unauthorized use of computer or telecommunication 721
property, a felony of the fifth degree. 722
Sec. 2913.21. (A) No person shall do any of the 731
following: 732
(1) Practice deception for the purpose of procuring the 734
issuance of a credit card, when a credit card is issued in actual 735
reliance thereon; 736
(2) Knowingly buy or sell a credit card from or to a 738
person other than the issuer. 739
(B) No person, with purpose to defraud, shall do any of 741
the following: 742
(1) Obtain control over a credit card as security for a 744
debt; 745
(2) Obtain property or services by the use of a credit 747
card, in one or more transactions, knowing or having reasonable 748
cause to believe that the card has expired or been revoked, or 749
was obtained, is retained, or is being used in violation of law; 750
(3) Furnish property or services upon presentation of a 752
credit card, knowing that the card is being used in violation of 753
law; 754
(4) Represent or cause to be represented to the issuer of 756
a credit card that property or services have been furnished, 757
knowing that the representation is false. 758
(C) No person, with purpose to violate this section, shall 760
receive, possess, control, or dispose of a credit card. 761
(D)(1) Whoever violates this section is guilty of misuse 763
of credit cards. 764
(2) A EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF 766
18
THIS SECTION, A violation of division (A), (B)(1), or (C) of this 767
section is a misdemeanor of the first degree. 768
(3) Except as otherwise provided in this division OR 770
DIVISION (D)(4) OF THIS SECTION, a violation of division (B)(2), 772
(3), or (4) of this section is a misdemeanor of the first degree.
If the cumulative retail value of the property and services 773
involved in one or more violations of division (B)(2), (3), or 775
(4) of this section, which violations involve one or more credit 776
card accounts and occur within a period of ninety consecutive 777
days commencing on the date of the first violation, is five 778
hundred dollars or more and is less than five thousand dollars, 779
misuse of credit cards in violation of any of those divisions is 780
a felony of the fifth degree. If the cumulative retail value of 782
the property and services involved in one or more violations of 783
division (B)(2), (3), or (4) of this section, which violations 784
involve one or more credit card accounts and occur within a 785
period of ninety consecutive days commencing on the date of the 786
first violation, is five thousand dollars or more and is less 787
than one hundred thousand dollars, misuse of credit cards in 788
violation of any of those divisions is a felony of the fourth 789
degree. If the cumulative retail value of the property and 790
services involved in one or more violations of division (B)(2), 791
(3), or (4) of this section, which violations involve one or more 792
credit card accounts and occur within a period of ninety 793
consecutive days commencing on the date of the first violation, 794
is one hundred thousand dollars or more, misuse of credit cards 795
in violation of any of those divisions is a felony of the third 797
degree.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 799
DISABLED ADULT, AND IF THE OFFENSE INVOLVES A VIOLATION OF 801
DIVISION (B)(1) OR (2) OF THIS SECTION, DIVISION (D)(4) OF THIS 802
SECTION APPLIES. EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) 803
OF THIS SECTION, A VIOLATION OF DIVISION (B)(1) OR (2) OF THIS 804
SECTION IS A FELONY OF THE FIFTH DEGREE. IF THE DEBT FOR WHICH 805
19
THE CARD IS HELD AS SECURITY OR THE CUMULATIVE RETAIL VALUE OF 806
THE PROPERTY OR SERVICES INVOLVED IN THE VIOLATION IS FIVE
HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, A 807
VIOLATION OF EITHER OF THOSE DIVISIONS IS A FELONY OF THE FOURTH 808
DEGREE. IF THE DEBT FOR WHICH THE CARD IS HELD AS SECURITY OR 809
THE CUMULATIVE RETAIL VALUE OF THE PROPERTY OR SERVICES INVOLVED 810
IN THE VIOLATION IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS
THAN TWENTY-FIVE THOUSAND DOLLARS, A VIOLATION OF EITHER OF THOSE 811
DIVISIONS IS A FELONY OF THE THIRD DEGREE. IF THE DEBT FOR WHICH 812
THE CARD IS HELD AS SECURITY OR THE CUMULATIVE RETAIL VALUE OF 813
THE PROPERTY OR SERVICES INVOLVED IN THE VIOLATION IS TWENTY-FIVE 814
THOUSAND DOLLARS OR MORE, A VIOLATION OF EITHER OF THOSE 815
DIVISIONS IS A FELONY OF THE SECOND DEGREE. 816
Sec. 2913.31. (A) No person, with purpose to defraud, or 825
knowing that the person is facilitating a fraud, shall do any of 826
the following: 827
(1) Forge any writing of another without the other 829
person's authority; 830
(2) Forge any writing so that it purports to be genuine 832
when it actually is spurious, or to be the act of another who did 833
not authorize that act, or to have been executed at a time or 834
place or with terms different from what in fact was the case, or 835
to be a copy of an original when no such original existed; 836
(3) Utter, or possess with purpose to utter, any writing 838
that the person knows to have been forged. 839
(B) No person shall knowingly do either of the following: 841
(1) Forge an identification card; 843
(2) Sell or otherwise distribute a card that purports to 845
be an identification card, knowing it to have been forged. 846
As used in this division, "identification card" means a 848
card that includes personal information or characteristics of an 849
individual, a purpose of which is to establish the identity of 850
the bearer described on the card, whether the words "identity," 851
"identification," "identification card," or other similar words 852
20
appear on the card. 853
(C)(1)(a) Whoever violates division (A) of this section is 855
guilty of forgery. Except 856
(b) EXCEPT as otherwise provided in this division OR 859
DIVISION (C)(1)(c) OF THIS SECTION, forgery is a felony of the 860
fifth degree. If property or services are involved in the 861
offense or the victim suffers a loss and if, FORGERY IS ONE OF 862
THE FOLLOWING:
(i) IF the value of the property or services or the loss 864
to the victim is five thousand dollars or more and is less than 867
one hundred thousand dollars, forgery is a felony of the fourth 869
degree. If property or services are involved in the offense or 871
the victim suffers a loss and if;
(ii) IF the value of the property or services or the loss 875
to the victim is one hundred thousand dollars or more, forgery is 876
a felony of the third degree. 877
(c) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 879
DISABLED ADULT, DIVISION (C)(1)(c) OF THIS SECTION APPLIES TO THE 881
FORGERY. EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(1)(c) OF 882
THIS SECTION, FORGERY IS A FELONY OF THE FIFTH DEGREE. IF 884
PROPERTY OR SERVICES ARE INVOLVED IN THE OFFENSE OR IF THE VICTIM 885
SUFFERS A LOSS, FORGERY IS ONE OF THE FOLLOWING:
(i) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 888
TO THE VICTIM IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN 889
FIVE THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 890
(ii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 894
TO THE VICTIM IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 895
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 896
(iii) IF THE VALUE OF THE PROPERTY OR SERVICES OR THE LOSS 899
TO THE VICTIM IS TWENTY-FIVE THOUSAND DOLLARS OR MORE, A FELONY 900
OF THE SECOND DEGREE.
(2) Whoever violates division (B) of this section is 902
guilty of forging identification cards or selling or distributing 903
forged identification cards. Except as otherwise provided in 905
21
this division, forging identification cards or selling or
distributing forged identification cards is a misdemeanor of the 906
first degree. If the offender previously has been convicted of a 907
violation of division (B) of this section, forging identification 908
cards or selling or distributing forged identification cards is a 910
misdemeanor of the first degree and, in addition, the court shall 911
impose upon the offender a fine of not less than two hundred 912
fifty dollars.
Sec. 2913.43. (A) No person, by deception, shall cause 921
another to execute any writing that disposes of or encumbers 922
property, or by which a pecuniary obligation is incurred. 923
(B)(1) Whoever violates this section is guilty of securing 925
writings by deception. Except 927
(2) EXCEPT as otherwise provided in this division OR 929
DIVISION (B)(3) OF THIS SECTION, securing writings by deception 932
is a misdemeanor of the first degree. If the value of the
property or the obligation involved is five hundred dollars or 933
more and less than five thousand dollars, securing writings by 934
deception is a felony of the fifth degree. If the value of the 935
property or the obligation involved is five thousand dollars or 936
more and is less than one hundred thousand dollars, securing 937
writings by deception is a felony of the fourth degree. If the
value of the property or the obligation involved is one hundred 938
thousand dollars or more, securing writings by deception is a 939
felony of the third degree.
(3) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 941
DISABLED ADULT, DIVISION (B)(3) OF THIS SECTION APPLIES. EXCEPT 944
AS OTHERWISE PROVIDED IN DIVISION (B)(3) OF THIS SECTION, 945
SECURING WRITINGS BY DECEPTION IS A FELONY OF THE FIFTH DEGREE. 946
IF THE VALUE OF THE PROPERTY OR OBLIGATION INVOLVED IS FIVE 948
HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE THOUSAND DOLLARS, 949
SECURING WRITINGS BY DECEPTION IS A FELONY OF THE FOURTH DEGREE. 950
IF THE VALUE OF THE PROPERTY OR OBLIGATION INVOLVED IS FIVE 951
THOUSAND DOLLARS OR MORE AND IS LESS THAN TWENTY-FIVE THOUSAND 952
22
DOLLARS, SECURING WRITINGS BY DECEPTION IS A FELONY OF THE THIRD 953
DEGREE. IF THE VALUE OF THE PROPERTY OR OBLIGATION INVOLVED IS 954
TWENTY-FIVE THOUSAND DOLLARS OR MORE, SECURING WRITINGS BY 955
DECEPTION IS A FELONY OF THE SECOND DEGREE.
Sec. 2913.61. (A) When a person is charged with a theft 964
offense involving property or services valued at five hundred 966
dollars or more, a theft offense involving property or services 967
valued at five hundred dollars or more and less than five 968
thousand dollars, a theft offense involving property or services 969
valued at five thousand dollars or more and less than TWENTY-FIVE 970
THOUSAND DOLLARS, A THEFT OFFENSE INVOLVING PROPERTY OR SERVICES 971
VALUED AT TWENTY-FIVE THOUSAND DOLLARS OR MORE AND LESS THAN one 972
hundred thousand dollars, or a theft offense involving property 974
or services valued at one hundred thousand dollars or more, the 975
jury or court trying the accused shall determine the value of the 976
property or services as of the time of the offense and, if a 977
guilty verdict is returned, shall return the finding of value as 978
part of the verdict. In any case in which the jury or court 979
determines that the value of the property or services at the time 980
of the offense was five hundred dollars or more, it is 981
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 982
value of the property or services involved was five hundred 983
dollars or more and less than five thousand dollars, was five 985
thousand dollars or more and less than TWENTY-FIVE THOUSAND 986
DOLLARS, WAS TWENTY-FIVE THOUSAND DOLLARS OR MORE AND LESS THAN 987
one hundred thousand dollars, or was one hundred thousand dollars 988
or more.
(B) If more than one item of property or services is 990
involved in a theft offense, the value of the property or 991
services involved for the purpose of determining the value as 992
required by division (A) of this section is the aggregate value 993
of all property or services involved in the offense. 994
(C)(1) When a series of offenses under section 2913.02 of 996
23
the Revised Code, OR A SERIES OF VIOLATIONS OF, ATTEMPTS TO 998
COMMIT A VIOLATION OF, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN 999
VIOLATIONS OF SECTION 2913.02, 2913.03, OR 2913.04, DIVISION 1,000
(B)(1) OR (2) OF SECTION 2913.21, OR SECTION 2913.31 OR 2913.43 1,001
OF THE REVISED CODE INVOLVING A VICTIM WHO IS AN ELDERLY PERSON 1,002
OR DISABLED ADULT, is committed by the offender in the offender's 1,003
same employment, capacity, or relationship to another, all of 1,004
those offenses shall be tried as a single offense, and the value 1,006
of the property or services involved for the purpose of 1,007
determining the value as required by division (A) of this section 1,008
is the aggregate value of all property and services involved in 1,009
all offenses in the series. In prosecuting a single offense 1,010
under this division, it is not necessary to separately allege and 1,011
prove each offense in the series. It is sufficient to allege and 1,012
prove that the offender, within a given span of time, committed 1,013
one or more theft offenses in the offender's same employment, 1,014
capacity, or relationship to another. 1,015
(2) If an offender is being tried for the commission of a 1,018
series of offenses under section 2913.02 of the Revised Code 1,020
against more than one victim, OR A SERIES OF VIOLATIONS OF, 1,022
ATTEMPTS TO COMMIT A VIOLATION OF, CONSPIRACIES TO VIOLATE, OR 1,023
COMPLICITY IN VIOLATIONS OF SECTION 2913.02, 2913.03, OR 2913.04, 1,024
DIVISION (B)(1) OR (2) OF SECTION 2913.21, OR SECTION 2913.31 OR 1,025
2913.43 OF THE REVISED CODE, WHETHER COMMITTED AGAINST ONE VICTIM 1,026
OR MORE THAN ONE VICTIM, INVOLVING A VICTIM WHO IS AN ELDERLY 1,027
PERSON OR DISABLED ADULT, pursuant to a scheme or course of 1,028
conduct, ALL OF THOSE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE, 1,029
AND the value of the property or services involved, for the 1,031
purpose of determining the value as required by division (A) of 1,032
this section, is the aggregate value of all property and services 1,033
involved in the series of offenses. 1,034
(D) The following criteria shall be used in determining 1,036
the value of property or services involved in a theft offense: 1,037
(1) The value of an heirloom, memento, collector's item, 1,039
24
antique, museum piece, manuscript, document, record, or other 1,040
thing that has intrinsic worth to its owner and that either is 1,042
irreplaceable or is replaceable only on the expenditure of 1,043
substantial time, effort, or money, is the amount that would 1,044
compensate the owner for its loss. 1,045
(2) The value of personal effects and household goods, and 1,047
of materials, supplies, equipment, and fixtures used in the 1,048
profession, business, trade, occupation, or avocation of its 1,049
owner, which property is not covered under division (D)(1) of 1,050
this section and which retains substantial utility for its 1,051
purpose regardless of its age or condition, is the cost of 1,052
replacing the property with new property of like kind and 1,053
quality. 1,054
(3) The value of any real or personal property that is not 1,057
covered under division (D)(1) or (2) of this section, and the 1,058
value of services, is the fair market value of the property or 1,059
services. As used in this section, "fair market value" is the 1,060
money consideration that a buyer would give and a seller would 1,061
accept for property or services, assuming that the buyer is 1,062
willing to buy and the seller is willing to sell, that both are 1,063
fully informed as to all facts material to the transaction, and 1,064
that neither is under any compulsion to act. 1,065
(E) Without limitation on the evidence that may be used to 1,067
establish the value of property or services involved in a theft 1,068
offense:
(1) When the property involved is personal property held 1,070
for sale at wholesale or retail, the price at which the property 1,071
was held for sale is prima-facie evidence of its value. 1,072
(2) When the property involved is a security or commodity 1,074
traded on an exchange, the closing price or, if there is no 1,075
closing price, the asked price, given in the latest market 1,076
quotation prior to the offense is prima-facie evidence of the 1,077
value of the security or commodity. 1,078
(3) When the property involved is livestock, poultry, or 1,080
25
raw agricultural products for which a local market price is 1,081
available, the latest local market price prior to the offense is 1,082
prima-facie evidence of the value of the livestock, poultry, or 1,083
products. 1,084
(4) When the property involved is a negotiable instrument, 1,086
the face value is prima-facie evidence of the value of the 1,087
instrument. 1,088
(5) When the property involved is a warehouse receipt, 1,090
bill of lading, pawn ticket, claim check, or other instrument 1,091
entitling the holder or bearer to receive property, the face 1,092
value or, if there is no face value, the value of the property 1,093
covered by the instrument less any payment necessary to receive 1,094
the property is prima-facie evidence of the value of the 1,095
instrument. 1,096
(6) When the property involved is a ticket of admission, 1,098
ticket for transportation, coupon, token, or other instrument 1,099
entitling the holder or bearer to receive property or services, 1,100
the face value or, if there is no face value, the value of the 1,101
property or services that may be received by the instrument is 1,103
prima-facie evidence of the value of the instrument. 1,104
(7) When the services involved are gas, electricity, 1,106
water, telephone, transportation, shipping, or other services for 1,107
which the rate is established by law, the duly established rate 1,108
is prima-facie evidence of the value of the services. 1,109
(8) When the services involved are services for which the 1,111
rate is not established by law, and the offender has been 1,112
notified prior to the offense of the rate for the services, 1,113
either in writing, orally, or by posting in a manner reasonably 1,115
calculated to come to the attention of potential offenders, the 1,116
rate contained in the notice is prima-facie evidence of the value 1,117
of the services.
Sec. 2913.73. IN A PROSECUTION FOR ANY ALLEGED VIOLATION 1,119
OF A PROVISION OF THIS CHAPTER, IF THE LACK OF CONSENT OF THE 1,121
VICTIM IS AN ELEMENT OF THE PROVISION THAT ALLEGEDLY WAS 1,122
26
VIOLATED, EVIDENCE THAT, AT THE TIME OF THE ALLEGED VIOLATION, 1,123
THE VICTIM LACKED THE CAPACITY TO GIVE CONSENT IS ADMISSIBLE TO 1,124
SHOW THAT THE VICTIM DID NOT GIVE CONSENT. 1,125
AS USED IN THIS SECTION, "LACKS THE CAPACITY TO CONSENT" 1,127
MEANS BEING IMPAIRED FOR ANY REASON TO THE EXTENT THAT THE PERSON 1,128
LACKS SUFFICIENT UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT 1,129
REASONABLE DECISIONS CONCERNING THE PERSON OR THE PERSON'S 1,130
RESOURCES. 1,131
Section 2. That existing sections 301.27, 2913.01, 1,133
2913.02, 2913.03, 2913.04, 2913.21, 2913.31, 2913.43, and 2913.61 1,134
of the Revised Code are hereby repealed. 1,135