As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 2 5
1999-2000 6
SENATOR CARNES 8
10
A B I L L
To amend section 2913.61 of the Revised Code to 11
clarify that theft offenses committed as a part 12
of a common scheme or plan to defraud multiple
victims may be tried as a single offense. 13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 2913.61 of the Revised Code be 17
amended to read as follows: 18
Sec. 2913.61. (A) When a person is charged with a theft 27
offense involving property or services valued at five hundred 29
dollars or more, a theft offense involving property or services 30
valued at five hundred dollars or more and less than five 31
thousand dollars, a theft offense involving property or services 32
valued at five thousand dollars or more and less than one hundred 33
thousand dollars, or a theft offense involving property or 34
services valued at one hundred thousand dollars or more, the jury 35
or court trying the accused shall determine the value of the 36
property or services as of the time of the offense and, if a 37
guilty verdict is returned, shall return the finding of value as 38
part of the verdict. In any case in which the jury or court 39
determines that the value of the property or services at the time 40
of the offense was five hundred dollars or more, it is 41
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 42
value of the property or services involved was, five hundred 43
dollars or more and less than five thousand dollars, was five 44
thousand dollars or more and less than one hundred thousand 45
2
dollars, or was one hundred thousand dollars or more.
(B) Where more than one item of property or services is 47
involved in a theft offense, the value of the property or 48
services involved for the purpose of determining the value as 49
required by division (A) of this section, is the aggregate value 50
of all property or services involved in the offense. 51
(C) When AN OFFENDER COMMITS a series of offenses under 53
section 2913.02 of the Revised Code is committed by the offender 55
in the offender's same employment, capacity, or relationship to 56
another, all such THE offenses shall be tried as a single 58
offense, and the value of the property or services involved for 59
the purpose of determining the value as required by division (A) 60
of this section, is the aggregate value of all property and 61
services involved in all offenses in the series. WHEN AN 62
OFFENDER COMMITS A SERIES OF OFFENSES UNDER SECTION 2913.02 OF 63
THE REVISED CODE AS A PART OF A COMMON SCHEME OR PLAN TO DEFRAUD 64
MULTIPLE VICTIMS, ALL THE OFFENSES MAY BE TRIED AS A SINGLE
OFFENSE, AND, IF THE OFFENSES ARE TRIED AS A SINGLE OFFENSE, THE 65
VALUE OF THE PROPERTY OR SERVICES INVOLVED FOR THE PURPOSE OF 66
DETERMINING THE VALUE AS REQUIRED BY DIVISION (A) OF THIS SECTION 67
IS THE AGGREGATE VALUE OF ALL PROPERTY AND SERVICES INVOLVED IN 68
ALL OFFENSES IN THE COMMON SCHEME OR PLAN TO DEFRAUD MULTIPLE 69
VICTIMS. In prosecuting a single offense under this division, it 70
is not necessary to separately allege and prove each offense in 71
the series. It is sufficient to allege and prove that the 73
offender, within a given span of time, committed one or more 74
theft offenses in the offender's same employment, capacity, or 75
relationship to another, OR AS A PART OF A COMMON SCHEME OR PLAN 76
TO DEFRAUD MULTIPLE VICTIMS. 77
(D) The following criteria shall be used in determining 79
the value of property or services involved in a theft offense: 80
(1) The value of an heirloom, memento, collector's item, 82
antique, museum piece, manuscript, document, record, or other 83
thing that has intrinsic worth to its owner and that either is 85
3
irreplaceable or is replaceable only on the expenditure of 86
substantial time, effort, or money, is the amount that would 87
compensate the owner for its loss. 88
(2) The value of personal effects and household goods, and 90
of materials, supplies, equipment, and fixtures used in the 91
profession, business, trade, occupation, or avocation of its 92
owner, which property is not covered under division (D)(1) of 93
this section and which retains substantial utility for its 94
purpose regardless of its age or condition, is the cost of 95
replacing the property with new property of like kind and 96
quality. 97
(3) The value of any property, real or personal, not 99
covered under division (D)(1) or (2) of this section, and the 100
value of services, is the fair market value of the property or 101
services. As used in this section, "fair market value" is the 102
money consideration that a buyer would give and a seller would 103
accept for property or services, assuming that the buyer is 104
willing to buy and the seller is willing to sell, that both are 105
fully informed as to all facts material to the transaction, and 106
that neither is under any compulsion to act. 107
(E) Without limitation on the evidence that may be used to 109
establish the value of property or services involved in a theft 110
offense:
(1) When the property involved is personal property held 112
for sale at wholesale or retail, the price at which the property 113
was held for sale is prima-facie evidence of its value. 114
(2) When the property involved is a security or commodity 116
traded on an exchange, the closing price or, if there is no 117
closing price, the asked price, given in the latest market 118
quotation prior to the offense, is prima-facie evidence of the 119
value of the security or commodity. 120
(3) When the property involved is livestock, poultry, or 122
raw agricultural products for which a local market price is 123
available, the latest local market price prior to the offense is 124
4
prima-facie evidence of the value of the livestock, poultry, or 125
products. 126
(4) When the property involved is a negotiable instrument, 128
the face value is prima-facie evidence of the value of the 129
instrument. 130
(5) When the property involved is a warehouse receipt, 132
bill of lading, pawn ticket, claim check, or other instrument 133
entitling the holder or bearer to receive property, the face 134
value or, if there is no face value, the value of the property 135
covered by the instrument less any payment necessary to receive 136
the property, is prima-facie evidence of the value of the 137
instrument. 138
(6) When the property involved is a ticket of admission, 140
ticket for transportation, coupon, token, or other instrument 141
entitling the holder or bearer to receive property or services, 142
the face value or, if there is no face value, the value of the 143
property or services that may be received thereby, is prima-facie 145
evidence of the value of the instrument.
(7) When the services involved are gas, electricity, 147
water, telephone, transportation, shipping, or other services for 148
which the rate is established by law, the duly established rate 149
is prima-facie evidence of the value of the services. 150
(8) When the services involved are services for which the 152
rate is not established by law, and the offender has been 153
notified prior to the offense of the rate for the services, 154
either in writing, or orally, or by posting in a manner 155
reasonably calculated to come to the attention of potential 156
offenders, the rate contained in the notice is prima-facie 157
evidence of the value of the services. 158
Section 2. That existing section 2913.61 of the Revised 160
Code is hereby repealed. 161