As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 2 5
1999-2000 6
SENATOR CARNES 8
_________________________________________________________________ 10
A B I L L
To amend sections 1716.01, 1716.14, 1716.99, and 12
2913.61 of the Revised Code to clarify that 13
multiple offenses of theft may be tried as a 14
single offense when they involve a common course 15
of conduct to defraud multiple victims and to 16
modify the law regarding prohibitions against
committing a deceptive act or practice or 18
misleading a person as to a material fact 19
relative to the solicitation of contributions for
a charitable organization, for a charitable 20
purpose, or in response to a charitable sales 21
promotion.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 1716.01, 1716.14, 1716.99, and 25
2913.61 of the Revised Code be amended to read as follows: 26
Sec. 1716.01. As used in this chapter: 35
(A)(1) "Charitable organization" means either of the 37
following: 38
(1)(a) Any person that is determined by the internal 40
revenue service to be a tax exempt organization pursuant to 41
section 501(c)(3) of the Internal Revenue Code; 42
(2)(b) Any person that is or holds itself out to be 44
established for any benevolent, philanthropic, patriotic, 45
educational, humane, scientific, public health, environmental 46
conservation, civic, or other eleemosynary purpose or for the 47
benefit of law enforcement personnel, fire fighters FIREFIGHTERS, 49
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or other persons who protect the public safety, or any person who 50
in any manner employs a charitable appeal as the basis of any 51
solicitation or an appeal that suggests that there is a 52
charitable purpose to any solicitation. 53
(2) "Charitable organization" is not limited to only those 55
organizations to which contributions are tax deductible under 56
section 170 of the Internal Revenue Code. 57
"Charitable organization" does not include an employer who 59
is not engaged in the business of soliciting contributions or 60
conducting charitable sales promotions but who incidentally 61
solicits contributions for a charitable organization or purpose; 62
or a compensated employee of an employer not engaged in the 63
business of soliciting contributions or conducting charitable 64
sales promotions, when the employee solicits contributions or 65
conducts charitable sales promotions at the direction of his THE 66
EMPLOYEE'S employer. 67
(B)(1) "Charitable purpose" means either of the following: 69
(1)(a) Any purpose described in section 501(c)(3) of the 71
Internal Revenue Code; 72
(2)(b) Any benevolent, philanthropic, patriotic, 74
educational, humane, scientific, public health, environmental 75
conservation, civic, or other eleemosynary objective or any 76
objective that benefits law enforcement personnel, fire fighters 77
FIREFIGHTERS, or other persons who protect the public safety. 78
(2) "Charitable purpose" is not limited to only those 80
purposes for which contributions are tax deductible under section 81
170 of the Internal Revenue Code. 82
(C) "Charitable sales promotion" means any advertising or 84
sale conducted by a person who represents that the purchase or 85
use of goods or services offered by the person will benefit, in 86
whole or in part, any charitable organization or charitable 87
purpose. The provision of advertising services to a charitable 88
organization, either for compensation or as a donation, does not 89
of itself constitute a charitable sales promotion. 90
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(D) "Commercial co-venturer" means any person who for 92
profit regularly and primarily is engaged in trade or commerce 93
other than in connection with soliciting for charitable 94
organizations or charitable purposes and who conducts a 95
charitable sales promotion. 96
(E) "Contribution" means the promise, pledge, or grant of 98
any money or property, financial assistance, or any other thing 99
of value in response to a solicitation. "Contribution" does not 100
include any bona fide fees, or any dues or assessments paid by 101
members, provided that membership is not conferred solely as a 102
consideration for making a contribution in response to a 103
solicitation. 104
(F) "DECEPTIVE ACT OR PRACTICE" MEANS KNOWINGLY 106
MISREPRESENTING ANY MATERIAL FACT RELATED TO THE PLANNING, 107
CONDUCTING, OR EXECUTING OF ANY SOLICITATION OF CONTRIBUTIONS FOR 108
A CHARITABLE ORGANIZATION OR CHARITABLE PURPOSE OR TO THE 109
PLANNING, CONDUCTING, OR EXECUTING OF A CHARITABLE SALES
PROMOTION, WHEN THE MISREPRESENTATION INDUCES ANY PERSON TO MAKE 111
A CONTRIBUTION TO A CHARITABLE ORGANIZATION, FOR A CHARITABLE 112
PURPOSE, OR IN RESPONSE TO A CHARITABLE SALES PROMOTION. 113
(G) "Fund-raising counsel" means any person who, for 115
compensation, plans, manages, advises, consults, or prepares 116
material for or with respect to the solicitation in this state of 117
contributions for any charitable organization or at any time has 118
custody of contributions from a solicitation, but does not 119
solicit contributions and does not employ, procure, or otherwise 120
engage any compensated person to solicit contributions. 121
"Fund-raising counsel" does not include the following: 122
(1) An attorney, investment counselor, or banker who in 124
the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR 125
BANKER'S profession advises a client; 126
(2) A charitable organization or a bona fide officer, 128
employee, or volunteer of a charitable organization, when the 129
charitable organization has full knowledge of the services being 130
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performed on its behalf and either of the following applies: 131
(a) The services performed by the charitable organization, 133
bona fide officer, employee, or volunteer are performed on behalf 134
of the charitable organization that employs the bona fide officer 135
or employee or engages the services of the bona fide volunteer; 136
(b) The charitable organization on whose behalf the 138
services are performed shares some element of common control or 139
an historic or continuing relationship with the charitable 140
organization that performs the services or employs the bona fide 141
officer or employee or engages the services of the bona fide 142
volunteer; 143
(3) An employer who is not engaged in the business of 145
soliciting contributions or conducting charitable sales 146
promotions but who incidentally solicits contributions for a 147
charitable organization or purpose without compensation; 148
(4) A compensated employee of an employer who is not 150
engaged in the business of soliciting contributions or conducting 151
charitable sales promotions, when the employee solicits 152
contributions or conducts charitable sales promotions at the 153
direction of his THE EMPLOYEE'S employer. 154
(G)(H) "Internal Revenue Code" means the "Internal Revenue 156
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 157
(H)(I) "Person" has the same meaning as in section 1.59 of 159
the Revised Code and includes a group, foundation, or any other 160
entity however styled. 161
(I)(J) "Professional solicitor" means any person who, for 163
compensation, performs on behalf of or for the benefit of a 164
charitable organization any service in connection with which 165
contributions are or will be solicited in this state by the 166
compensated person or by any person it employs, procures, or 167
otherwise engages directly or indirectly to solicit 168
contributions. "Professional solicitor" does not include the 169
following: 170
(1) An attorney, investment counselor, or banker who in 172
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the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR 173
BANKER'S profession advises a client; 174
(2) A charitable organization or a bona fide officer, 176
employee, or volunteer of a charitable organization, when the 177
charitable organization has full knowledge of the services being 178
performed on its behalf and either of the following applies: 179
(a) The services performed by the charitable organization, 181
bona fide officer, employee, or volunteer are performed on behalf 182
of the charitable organization that employs the bona fide officer 183
or employee or engages the services of the bona fide volunteer; 184
(b) The charitable organization on whose behalf the 186
services are performed shares some element of common control or 187
an historic or continuing relationship with the charitable 188
organization that performs the services or employs the bona fide 189
officer or employee or engages the services of the bona fide 190
volunteer; 191
(3) An employer who is not engaged in the business of 193
soliciting contributions or conducting charitable sales 194
promotions but who incidentally solicits contributions for a 195
charitable organization or purpose without compensation; 196
(4) A compensated employee of an employer who is not 198
engaged in the business of soliciting contributions or conducting 199
charitable sales promotions, when the employee solicits 200
contributions or conducts charitable sales promotions at the 201
direction of his THE EMPLOYEE'S employer. 202
(J)(K)(1) "Solicit" or "solicitation" means to request or 204
a request directly or indirectly for money, property, financial 205
assistance, or any other thing of value on the plea or 206
representation that such money, property, financial assistance, 207
or other thing of value or a portion of it will be used for a 208
charitable purpose or will benefit a charitable organization. 209
"Solicit" or "solicitation" includes but is not limited to the 210
following methods of requesting or securing the promise, pledge, 211
or grant of money, property, financial assistance, or any other 212
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thing of value: 213
(1)(a) Any oral or written request; 215
(2)(b) Making any announcement to the press, on radio or 217
television, by telephone or telegraph, or by any other 218
communication device concerning an appeal or campaign by or for 219
any charitable organization or for any charitable purpose; 220
(3)(c) Distributing, circulating, posting, or publishing 222
any handbill, written advertisement, or other publication that 223
directly or by implication seeks to obtain any contribution; 224
(4)(d) Selling or offering or attempting to sell any 226
advertisement, advertising space, book, card, tag, coupon, 227
chance, device, magazine, membership, merchandise, subscription, 228
sponsorship, flower, ticket, admission, candy, cookies, or other 229
tangible item, or any right of any description in connection with 230
which an appeal is made for any charitable organization or 231
charitable purpose, or when the name of any charitable 232
organization is used or referred to in any such appeal as an 233
inducement or reason for making the sale, or when in connection 234
with the sale or offer or attempt to sell, any statement is made 235
that all or part of the proceeds from the sale will be used for 236
any charitable purpose or will benefit any charitable 237
organization. 238
(2) A solicitation is considered as having taken place FOR 241
PURPOSES OF DIVISION (K)(1) OF THIS SECTION whether or not the 243
person making the solicitation receives any contribution. A 244
solicitation does not occur when a person applies for a grant or 245
an award to the government or to an organization that is exempt 246
from federal income taxation under section 501(a) and described 247
in section 501(c)(3) of the Internal Revenue Code. 248
(L) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 250
2913.01 OF THE REVISED CODE. 251
Sec. 1716.14. (A) The following acts and practices are 260
hereby prohibited and declared unlawful as applied to the 261
planning, conducting, or executing of any solicitation of 262
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contributions for a charitable organization or charitable purpose 263
or to the planning, conducting, or executing of a charitable 264
sales promotion: 265
(1) Operating in violation of, or failing to comply with, 267
any of the requirements of this chapter or any rule adopted under 268
this chapter; 269
(2) Committing any unfair or deceptive act or practice; 271
(2) MISLEADING ANY PERSON AS TO ANY MATERIAL FACT 273
CONCERNING THE SOLICITATION OF CONTRIBUTIONS FOR A CHARITABLE 274
ORGANIZATION OR CHARITABLE PURPOSE OR CONCERNING A CHARITABLE 275
SALES PROMOTION;
(3) Using any representation that implies that the 277
contribution is for or on behalf of a charitable organization, or 278
using any emblem, device, or printed matter belonging to or 279
associated with a charitable organization, without first having 280
been authorized in writing to do so by the charitable 281
organization; 282
(4) Using a name, symbol, or statement that is so closely 284
related or similar to that used by another charitable 285
organization, public official, or public agency in such a manner 286
that the use of the name, symbol, or statement tends to confuse 287
or mislead a person being solicited for contributions, except 288
that the name, symbol, or statement may be used if written 289
permission is obtained from the other charitable organization, 290
public official, or public agency and filed with the attorney 291
general prior to any solicitation for a charitable purpose or 292
prior to engaging in any charitable sales promotion; 293
(5) Misleading any person in any manner in the belief, or 295
misrepresenting MAKING OR USING ANY REPRESENTATION to any person 297
THAT IMPLIES, that the organization on whose behalf a 298
solicitation or charitable sales promotion is being conducted is 299
a charitable organization or that the proceeds of the 300
solicitation or charitable sales promotion will be used for a
charitable purpose if either of those is not the fact; 301
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(6) Misleading any person in any manner in the belief, or 303
misrepesenting MAKING OR USING ANY REPRESENTATION to any person 304
THAT IMPLIES, that any other person sponsors, endorses, or 307
approves of the solicitation or charitable sales promotion when 308
that other person has not given its consent in writing to that 309
representation or to the use of its name for any of those 310
purposes;
(7) Using or exploiting the fact of registration in such a 312
manner as to lead any person to believe that the registration in 313
any manner constitutes an endorsement or approval by the state; 314
(8) Representing directly or by implication that a 316
charitable organization will receive a fixed or estimated 317
percentage of the gross revenue from a solicitation campaign that 318
is greater than that set forth in the contract filed with the 319
attorney general pursuant to section 1716.08 of the Revised Code, 320
or that a charitable organization will receive an actual or 321
estimated dollar amount or percentage per unit of goods or 322
services purchased or used in a charitable sales promotion, that 323
is greater than that agreed to by the commercial co-venturer and 324
the charitable organization; 325
(9) Filing false or misleading information in any document 327
required to be filed with the attorney general under this 328
chapter; 329
(10) Filing false or misleading information in response to 331
a request from the attorney general under section 1716.15 of the 332
Revised Code; 333
(11) Failing to provide complete and timely payment to a 335
charitable organization of the proceeds from a solicitation 336
campaign or a charitable sales promotion; 337
(12) OPERATING IN VIOLATION OF, OR FAILING TO COMPLY WITH, 339
ANY OF THE REQUIREMENTS OF THIS CHAPTER OR ANY RULE ADOPTED UNDER 340
THIS CHAPTER.
(B) The act of soliciting contributions for any charitable 342
organization or charitable purpose or engaging in a charitable 343
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sales promotion without complying with the requirements of this 344
chapter or any rule adopted pursuant to this chapter, is a 345
nuisance. 346
Sec. 1716.99. (A) Whoever violates ANY PROVISION OF 355
sections 1716.02 to 1716.17 of the Revised Code or any rule 356
adopted pursuant to those sections, OTHER THAN DIVISION (A)(1) OF 357
SECTION 1716.14 OF THE REVISED CODE, is guilty of solicitation 358
fraud, a misdemeanor of the first degree. 359
(B) Each occurrence of a solicitation of a contribution 361
from any person in violation of ANY PROVISION OF sections 1716.02 362
to 1716.17 of the Revised Code or any rule adopted under those 364
sections, OTHER THAN DIVISION (A)(1) OF SECTION 1716.14 OF THE 365
REVISED CODE, is considered a separate offense of solicitation 366
fraud.
(B)(1) WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 1716.14 369
OF THE REVISED CODE IS GUILTY OF SOLICITATION FRAUD AND SHALL BE
PUNISHED AS PROVIDED IN DIVISIONS (B)(1)(a) TO (d) OF THIS 371
SECTION.
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(1)(b) TO 374
(d) OF THIS SECTION, SOLICITATION FRAUD IS A MISDEMEANOR OF THE 375
FIRST DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 376
OR PLEADED GUILTY TO A THEFT OFFENSE OR A VIOLATION OF DIVISION 378
(A)(1) OF SECTION 1716.14 OF THE REVISED CODE, A FELONY OF THE
FIFTH DEGREE. 379
(b) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 381
IN THE VIOLATION IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN 382
FIVE THOUSAND DOLLARS, SOLICITATION FRAUD IS A FELONY OF THE 384
FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 385
OR PLEADED GUILTY TO A THEFT OFFENSE OR A VIOLATION OF DIVISION 386
(A)(1) OF SECTION 1716.14 OF THE REVISED CODE, A FELONY OF THE 387
FOURTH DEGREE.
(c) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 389
IN THE VIOLATION IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN 390
ONE HUNDRED THOUSAND DOLLARS, SOLICITATION FRAUD IS A FELONY OF 391
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THE FOURTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN 392
CONVICTED OF OR PLEADED GUILTY TO A THEFT OFFENSE OR A VIOLATION 393
OF DIVISION (A)(1) OF SECTION 1716.14 OF THE REVISED CODE, A 395
FELONY OF THE THIRD DEGREE.
(d) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 397
IN THE VIOLATION IS ONE HUNDRED THOUSAND DOLLARS OR MORE, 398
SOLICITATION FRAUD IS A FELONY OF THE THIRD DEGREE. 399
(2) WHEN AN OFFENDER COMMITS A SERIES OF OFFENSES IN 401
VIOLATION OF DIVISION (A)(1) OF SECTION 1716.14 OF THE REVISED 402
CODE AS PART OF A COMMON SCHEME OR PLAN TO DEFRAUD MULTIPLE 403
VICTIMS, ALL OF THE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE. 404
IF THE OFFENSES ARE TRIED AS A SINGLE OFFENSE, THE VALUE OF THE 405
CONTRIBUTIONS FOR PURPOSES OF DETERMINING THE VALUE AS REQUIRED 406
BY DIVISION (B)(1) OF THIS SECTION IS THE AGGREGATE VALUE OF ALL 407
CONTRIBUTIONS INVOLVED IN ALL OFFENSES IN THE COMMON SCHEME OR 409
PLAN TO DEFRAUD MULTIPLE VICTIMS. IN PROSECUTING A SINGLE 410
OFFENSE UNDER THIS DIVISION, IT IS NOT NECESSARY TO SEPARATELY 411
ALLEGE AND PROVE EACH OFFENSE IN THE SERIES. RATHER, IT IS 412
SUFFICIENT TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN 413
SPAN OF TIME, COMMITTED ONE OR MORE OFFENSES AS PART OF A COMMON 414
SCHEME OR PLAN TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN THIS 415
DIVISION.
(C) Any person who is found guilty of solicitation fraud 417
ANY ACT OR OMISSION PROHIBITED UNDER THIS CHAPTER shall forfeit 418
the bond described in section 1716.05 or 1716.07 of the Revised 420
Code to the state treasury to the credit of the charitable 421
foundations fund established under section 109.32 of the Revised 422
Code and shall be prohibited from registering with the attorney 423
general or from serving as a fund-raising counsel or professional 424
solicitor in this state for a period of five years after his 425
conviction.
Sec. 2913.61. (A) When a person is charged with a theft 434
offense involving property or services valued at five hundred 436
dollars or more, a theft offense involving property or services 437
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valued at five hundred dollars or more and less than five 438
thousand dollars, a theft offense involving property or services 439
valued at five thousand dollars or more and less than one hundred 440
thousand dollars, or a theft offense involving property or 441
services valued at one hundred thousand dollars or more, the jury 442
or court trying the accused shall determine the value of the 443
property or services as of the time of the offense and, if a 444
guilty verdict is returned, shall return the finding of value as 445
part of the verdict. In any case in which the jury or court 446
determines that the value of the property or services at the time 447
of the offense was five hundred dollars or more, it is 448
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 449
value of the property or services involved was five hundred 450
dollars or more and less than five thousand dollars, was five 452
thousand dollars or more and less than one hundred thousand 453
dollars, or was one hundred thousand dollars or more.
(B) If more than one item of property or services is 455
involved in a theft offense, the value of the property or 456
services involved for the purpose of determining the value as 457
required by division (A) of this section is the aggregate value 458
of all property or services involved in the offense. 459
(C)(1) When AN OFFENDER COMMITS a series of offenses under 461
section 2913.02 of the Revised Code is committed by the offender 463
in the offender's same employment, capacity, or relationship to 464
another, all of those offenses shall be tried as a single 466
offense, and the value of the property or services involved for 467
the purpose of determining the value as required by division (A) 468
of this section is the aggregate value of all property and 469
services involved in all offenses in the series. In prosecuting 470
a single offense under this division, it is not necessary to 471
separately allege and prove each offense in the series. It is 472
sufficient to allege and prove that the offender, within a given 473
span of time, committed one or more theft offenses in the 474
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offender's same employment, capacity, or relationship to another. 475
(2) If an offender is being tried for the commission of 478
COMMITS a series of offenses under section 2913.02 of the Revised 479
Code against more than one victim pursuant to a scheme or THAT 480
INVOLVE A COMMON course of conduct TO DEFRAUD MULTIPLE VICTIMS, 482
ALL OF THE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE, AND, IF THE
OFFENSES ARE TRIED AS A SINGLE OFFENSE, the value of the property 484
or services involved, for the purpose of determining the value as 485
required by division (A) of this section, is the aggregate value 486
of all property and services involved in the series of ALL OF THE 487
offenses IN THE COMMON COURSE OF CONDUCT TO DEFRAUD MULTIPLE 488
VICTIMS.
(3) IN PROSECUTING A SINGLE OFFENSE UNDER DIVISION (C)(1) 490
OR (2) OF THIS SECTION, IT IS NOT NECESSARY TO SEPARATELY ALLEGE 491
AND PROVE EACH OFFENSE IN THE SERIES. RATHER, IT IS SUFFICIENT 492
TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN SPAN OF 493
TIME, COMMITTED ONE OR MORE THEFT OFFENSES IN THE OFFENDER'S SAME 494
EMPLOYMENT, CAPACITY, OR RELATIONSHIP TO ANOTHER AS DESCRIBED IN 495
DIVISION (C)(1) OF THIS SECTION OR THAT INVOLVE A COMMON COURSE 497
OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN DIVISION 498
(C)(2) OF THIS SECTION. 499
(D) The following criteria shall be used in determining 501
the value of property or services involved in a theft offense: 502
(1) The value of an heirloom, memento, collector's item, 504
antique, museum piece, manuscript, document, record, or other 505
thing that has intrinsic worth to its owner and that either is 507
irreplaceable or is replaceable only on the expenditure of 508
substantial time, effort, or money, is the amount that would 509
compensate the owner for its loss. 510
(2) The value of personal effects and household goods, and 512
of materials, supplies, equipment, and fixtures used in the 513
profession, business, trade, occupation, or avocation of its 514
owner, which property is not covered under division (D)(1) of 515
this section and which retains substantial utility for its 516
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purpose regardless of its age or condition, is the cost of 517
replacing the property with new property of like kind and 518
quality. 519
(3) The value of any real or personal property that is not 522
covered under division (D)(1) or (2) of this section, and the 523
value of services, is the fair market value of the property or 524
services. As used in this section, "fair market value" is the 525
money consideration that a buyer would give and a seller would 526
accept for property or services, assuming that the buyer is 527
willing to buy and the seller is willing to sell, that both are 528
fully informed as to all facts material to the transaction, and 529
that neither is under any compulsion to act. 530
(E) Without limitation on the evidence that may be used to 532
establish the value of property or services involved in a theft 533
offense:
(1) When the property involved is personal property held 535
for sale at wholesale or retail, the price at which the property 536
was held for sale is prima-facie evidence of its value. 537
(2) When the property involved is a security or commodity 539
traded on an exchange, the closing price or, if there is no 540
closing price, the asked price, given in the latest market 541
quotation prior to the offense is prima-facie evidence of the 542
value of the security or commodity. 543
(3) When the property involved is livestock, poultry, or 545
raw agricultural products for which a local market price is 546
available, the latest local market price prior to the offense is 547
prima-facie evidence of the value of the livestock, poultry, or 548
products. 549
(4) When the property involved is a negotiable instrument, 551
the face value is prima-facie evidence of the value of the 552
instrument. 553
(5) When the property involved is a warehouse receipt, 555
bill of lading, pawn ticket, claim check, or other instrument 556
entitling the holder or bearer to receive property, the face 557
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value or, if there is no face value, the value of the property 558
covered by the instrument less any payment necessary to receive 559
the property is prima-facie evidence of the value of the 560
instrument. 561
(6) When the property involved is a ticket of admission, 563
ticket for transportation, coupon, token, or other instrument 564
entitling the holder or bearer to receive property or services, 565
the face value or, if there is no face value, the value of the 566
property or services that may be received by the instrument is 568
prima-facie evidence of the value of the instrument. 569
(7) When the services involved are gas, electricity, 571
water, telephone, transportation, shipping, or other services for 572
which the rate is established by law, the duly established rate 573
is prima-facie evidence of the value of the services. 574
(8) When the services involved are services for which the 576
rate is not established by law, and the offender has been 577
notified prior to the offense of the rate for the services, 578
either in writing, orally, or by posting in a manner reasonably 580
calculated to come to the attention of potential offenders, the 581
rate contained in the notice is prima-facie evidence of the value 582
of the services.
Section 2. That existing sections 1716.01, 1716.14, 584
1716.99, and 2913.61 of the Revised Code are hereby repealed. 585