As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 2 5
1999-2000 6
SENATORS CARNES-WATTS-MUMPER-OELSLAGER-JOHNSON-SPADA- 8
GARDNER-ARMBRUSTER 9
_________________________________________________________________ 11
A B I L L
To amend sections 1716.01, 1716.14, 1716.99, and 13
2913.61 of the Revised Code to clarify that 14
multiple offenses of theft may be tried as a 15
single offense when they involve a common course 16
of conduct to defraud multiple victims and to 17
modify the law regarding prohibitions against
committing a deceptive act or practice or 19
misleading a person as to a material fact 20
relative to the solicitation of contributions for
a charitable organization, for a charitable 21
purpose, or in response to a charitable sales 22
promotion.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 1716.01, 1716.14, 1716.99, and 26
2913.61 of the Revised Code be amended to read as follows: 27
Sec. 1716.01. As used in this chapter: 36
(A)(1) "Charitable organization" means either of the 38
following: 39
(1)(a) Any person that is determined by the internal 41
revenue service to be a tax exempt organization pursuant to 42
section 501(c)(3) of the Internal Revenue Code; 43
(2)(b) Any person that is or holds itself out to be 45
established for any benevolent, philanthropic, patriotic, 46
educational, humane, scientific, public health, environmental 47
conservation, civic, or other eleemosynary purpose or for the 48
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benefit of law enforcement personnel, fire fighters FIREFIGHTERS, 50
or other persons who protect the public safety, or any person who 51
in any manner employs a charitable appeal as the basis of any 52
solicitation or an appeal that suggests that there is a 53
charitable purpose to any solicitation. 54
(2) "Charitable organization" is not limited to only those 56
organizations to which contributions are tax deductible under 57
section 170 of the Internal Revenue Code. 58
"Charitable organization" does not include an employer who 60
is not engaged in the business of soliciting contributions or 61
conducting charitable sales promotions but who incidentally 62
solicits contributions for a charitable organization or purpose; 63
or a compensated employee of an employer not engaged in the 64
business of soliciting contributions or conducting charitable 65
sales promotions, when the employee solicits contributions or 66
conducts charitable sales promotions at the direction of his THE 67
EMPLOYEE'S employer. 68
(B)(1) "Charitable purpose" means either of the following: 70
(1)(a) Any purpose described in section 501(c)(3) of the 72
Internal Revenue Code; 73
(2)(b) Any benevolent, philanthropic, patriotic, 75
educational, humane, scientific, public health, environmental 76
conservation, civic, or other eleemosynary objective or any 77
objective that benefits law enforcement personnel, fire fighters 78
FIREFIGHTERS, or other persons who protect the public safety. 79
(2) "Charitable purpose" is not limited to only those 81
purposes for which contributions are tax deductible under section 82
170 of the Internal Revenue Code. 83
(C) "Charitable sales promotion" means any advertising or 85
sale conducted by a person who represents that the purchase or 86
use of goods or services offered by the person will benefit, in 87
whole or in part, any charitable organization or charitable 88
purpose. The provision of advertising services to a charitable 89
organization, either for compensation or as a donation, does not 90
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of itself constitute a charitable sales promotion. 91
(D) "Commercial co-venturer" means any person who for 93
profit regularly and primarily is engaged in trade or commerce 94
other than in connection with soliciting for charitable 95
organizations or charitable purposes and who conducts a 96
charitable sales promotion. 97
(E) "Contribution" means the promise, pledge, or grant of 99
any money or property, financial assistance, or any other thing 100
of value in response to a solicitation. "Contribution" does not 101
include any bona fide fees, or any dues or assessments paid by 102
members, provided that membership is not conferred solely as a 103
consideration for making a contribution in response to a 104
solicitation. 105
(F) "DECEPTIVE ACT OR PRACTICE" MEANS KNOWINGLY 107
MISREPRESENTING ANY MATERIAL FACT RELATED TO THE PLANNING, 108
CONDUCTING, OR EXECUTING OF ANY SOLICITATION OF CONTRIBUTIONS FOR 109
A CHARITABLE ORGANIZATION OR CHARITABLE PURPOSE OR TO THE 110
PLANNING, CONDUCTING, OR EXECUTING OF A CHARITABLE SALES
PROMOTION, WHEN THE MISREPRESENTATION INDUCES ANY PERSON TO MAKE 112
A CONTRIBUTION TO A CHARITABLE ORGANIZATION, FOR A CHARITABLE 113
PURPOSE, OR IN RESPONSE TO A CHARITABLE SALES PROMOTION. 114
(G) "Fund-raising counsel" means any person who, for 116
compensation, plans, manages, advises, consults, or prepares 117
material for or with respect to the solicitation in this state of 118
contributions for any charitable organization or at any time has 119
custody of contributions from a solicitation, but does not 120
solicit contributions and does not employ, procure, or otherwise 121
engage any compensated person to solicit contributions. 122
"Fund-raising counsel" does not include the following: 123
(1) An attorney, investment counselor, or banker who in 125
the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR 126
BANKER'S profession advises a client; 127
(2) A charitable organization or a bona fide officer, 129
employee, or volunteer of a charitable organization, when the 130
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charitable organization has full knowledge of the services being 131
performed on its behalf and either of the following applies: 132
(a) The services performed by the charitable organization, 134
bona fide officer, employee, or volunteer are performed on behalf 135
of the charitable organization that employs the bona fide officer 136
or employee or engages the services of the bona fide volunteer; 137
(b) The charitable organization on whose behalf the 139
services are performed shares some element of common control or 140
an historic or continuing relationship with the charitable 141
organization that performs the services or employs the bona fide 142
officer or employee or engages the services of the bona fide 143
volunteer; 144
(3) An employer who is not engaged in the business of 146
soliciting contributions or conducting charitable sales 147
promotions but who incidentally solicits contributions for a 148
charitable organization or purpose without compensation; 149
(4) A compensated employee of an employer who is not 151
engaged in the business of soliciting contributions or conducting 152
charitable sales promotions, when the employee solicits 153
contributions or conducts charitable sales promotions at the 154
direction of his THE EMPLOYEE'S employer. 155
(G)(H) "Internal Revenue Code" means the "Internal Revenue 157
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 158
(H)(I) "Person" has the same meaning as in section 1.59 of 160
the Revised Code and includes a group, foundation, or any other 161
entity however styled. 162
(I)(J) "Professional solicitor" means any person who, for 164
compensation, performs on behalf of or for the benefit of a 165
charitable organization any service in connection with which 166
contributions are or will be solicited in this state by the 167
compensated person or by any person it employs, procures, or 168
otherwise engages directly or indirectly to solicit 169
contributions. "Professional solicitor" does not include the 170
following: 171
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(1) An attorney, investment counselor, or banker who in 173
the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR 174
BANKER'S profession advises a client; 175
(2) A charitable organization or a bona fide officer, 177
employee, or volunteer of a charitable organization, when the 178
charitable organization has full knowledge of the services being 179
performed on its behalf and either of the following applies: 180
(a) The services performed by the charitable organization, 182
bona fide officer, employee, or volunteer are performed on behalf 183
of the charitable organization that employs the bona fide officer 184
or employee or engages the services of the bona fide volunteer; 185
(b) The charitable organization on whose behalf the 187
services are performed shares some element of common control or 188
an historic or continuing relationship with the charitable 189
organization that performs the services or employs the bona fide 190
officer or employee or engages the services of the bona fide 191
volunteer; 192
(3) An employer who is not engaged in the business of 194
soliciting contributions or conducting charitable sales 195
promotions but who incidentally solicits contributions for a 196
charitable organization or purpose without compensation; 197
(4) A compensated employee of an employer who is not 199
engaged in the business of soliciting contributions or conducting 200
charitable sales promotions, when the employee solicits 201
contributions or conducts charitable sales promotions at the 202
direction of his THE EMPLOYEE'S employer. 203
(J)(K)(1) "Solicit" or "solicitation" means to request or 205
a request directly or indirectly for money, property, financial 206
assistance, or any other thing of value on the plea or 207
representation that such money, property, financial assistance, 208
or other thing of value or a portion of it will be used for a 209
charitable purpose or will benefit a charitable organization. 210
"Solicit" or "solicitation" includes but is not limited to the 211
following methods of requesting or securing the promise, pledge, 212
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or grant of money, property, financial assistance, or any other 213
thing of value: 214
(1)(a) Any oral or written request; 216
(2)(b) Making any announcement to the press, on radio or 218
television, by telephone or telegraph, or by any other 219
communication device concerning an appeal or campaign by or for 220
any charitable organization or for any charitable purpose; 221
(3)(c) Distributing, circulating, posting, or publishing 223
any handbill, written advertisement, or other publication that 224
directly or by implication seeks to obtain any contribution; 225
(4)(d) Selling or offering or attempting to sell any 227
advertisement, advertising space, book, card, tag, coupon, 228
chance, device, magazine, membership, merchandise, subscription, 229
sponsorship, flower, ticket, admission, candy, cookies, or other 230
tangible item, or any right of any description in connection with 231
which an appeal is made for any charitable organization or 232
charitable purpose, or when the name of any charitable 233
organization is used or referred to in any such appeal as an 234
inducement or reason for making the sale, or when in connection 235
with the sale or offer or attempt to sell, any statement is made 236
that all or part of the proceeds from the sale will be used for 237
any charitable purpose or will benefit any charitable 238
organization. 239
(2) A solicitation is considered as having taken place FOR 242
PURPOSES OF DIVISION (K)(1) OF THIS SECTION whether or not the 244
person making the solicitation receives any contribution. A 245
solicitation does not occur when a person applies for a grant or 246
an award to the government or to an organization that is exempt 247
from federal income taxation under section 501(a) and described 248
in section 501(c)(3) of the Internal Revenue Code. 249
(L) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 251
2913.01 OF THE REVISED CODE. 252
Sec. 1716.14. (A) The following acts and practices are 261
hereby prohibited and declared unlawful as applied to the 262
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planning, conducting, or executing of any solicitation of 263
contributions for a charitable organization or charitable purpose 264
or to the planning, conducting, or executing of a charitable 265
sales promotion: 266
(1) Operating in violation of, or failing to comply with, 268
any of the requirements of this chapter or any rule adopted under 269
this chapter; 270
(2) Committing any unfair or deceptive act or practice; 272
(2) MISLEADING ANY PERSON AS TO ANY MATERIAL FACT 274
CONCERNING THE SOLICITATION OF CONTRIBUTIONS FOR A CHARITABLE 275
ORGANIZATION OR CHARITABLE PURPOSE OR CONCERNING A CHARITABLE 276
SALES PROMOTION;
(3) Using any representation that implies that the 278
contribution is for or on behalf of a charitable organization, or 279
using any emblem, device, or printed matter belonging to or 280
associated with a charitable organization, without first having 281
been authorized in writing to do so by the charitable 282
organization; 283
(4) Using a name, symbol, or statement that is so closely 285
related or similar to that used by another charitable 286
organization, public official, or public agency in such a manner 287
that the use of the name, symbol, or statement tends to confuse 288
or mislead a person being solicited for contributions, except 289
that the name, symbol, or statement may be used if written 290
permission is obtained from the other charitable organization, 291
public official, or public agency and filed with the attorney 292
general prior to any solicitation for a charitable purpose or 293
prior to engaging in any charitable sales promotion; 294
(5) Misleading any person in any manner in the belief, or 296
misrepresenting MAKING OR USING ANY REPRESENTATION to any person 298
THAT IMPLIES, that the organization on whose behalf a 299
solicitation or charitable sales promotion is being conducted is 300
a charitable organization or that the proceeds of the 301
solicitation or charitable sales promotion will be used for a
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charitable purpose if either of those is not the fact; 302
(6) Misleading any person in any manner in the belief, or 304
misrepesenting MAKING OR USING ANY REPRESENTATION to any person 305
THAT IMPLIES, that any other person sponsors, endorses, or 308
approves of the solicitation or charitable sales promotion when 309
that other person has not given its consent in writing to that 310
representation or to the use of its name for any of those 311
purposes;
(7) Using or exploiting the fact of registration in such a 313
manner as to lead any person to believe that the registration in 314
any manner constitutes an endorsement or approval by the state; 315
(8) Representing directly or by implication that a 317
charitable organization will receive a fixed or estimated 318
percentage of the gross revenue from a solicitation campaign that 319
is greater than that set forth in the contract filed with the 320
attorney general pursuant to section 1716.08 of the Revised Code, 321
or that a charitable organization will receive an actual or 322
estimated dollar amount or percentage per unit of goods or 323
services purchased or used in a charitable sales promotion, that 324
is greater than that agreed to by the commercial co-venturer and 325
the charitable organization; 326
(9) Filing false or misleading information in any document 328
required to be filed with the attorney general under this 329
chapter; 330
(10) Filing false or misleading information in response to 332
a request from the attorney general under section 1716.15 of the 333
Revised Code; 334
(11) Failing to provide complete and timely payment to a 336
charitable organization of the proceeds from a solicitation 337
campaign or a charitable sales promotion; 338
(12) OPERATING IN VIOLATION OF, OR FAILING TO COMPLY WITH, 340
ANY OF THE REQUIREMENTS OF THIS CHAPTER OR ANY RULE ADOPTED UNDER 341
THIS CHAPTER.
(B) The act of soliciting contributions for any charitable 343
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organization or charitable purpose or engaging in a charitable 344
sales promotion without complying with the requirements of this 345
chapter or any rule adopted pursuant to this chapter, is a 346
nuisance. 347
Sec. 1716.99. (A) Whoever violates ANY PROVISION OF 356
sections 1716.02 to 1716.17 of the Revised Code or any rule 357
adopted pursuant to those sections, OTHER THAN DIVISION (A)(1) OF 358
SECTION 1716.14 OF THE REVISED CODE, is guilty of solicitation 359
fraud, a misdemeanor of the first degree. 360
(B) Each occurrence of a solicitation of a contribution 362
from any person in violation of ANY PROVISION OF sections 1716.02 363
to 1716.17 of the Revised Code or any rule adopted under those 365
sections, OTHER THAN DIVISION (A)(1) OF SECTION 1716.14 OF THE 366
REVISED CODE, is considered a separate offense of solicitation 367
fraud.
(B)(1) WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 1716.14 370
OF THE REVISED CODE IS GUILTY OF SOLICITATION FRAUD AND SHALL BE
PUNISHED AS PROVIDED IN DIVISIONS (B)(1)(a) TO (d) OF THIS 372
SECTION.
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(1)(b) TO 375
(d) OF THIS SECTION, SOLICITATION FRAUD IS A MISDEMEANOR OF THE 376
FIRST DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 377
OR PLEADED GUILTY TO A THEFT OFFENSE OR A VIOLATION OF DIVISION 379
(A)(1) OF SECTION 1716.14 OF THE REVISED CODE, A FELONY OF THE
FIFTH DEGREE. 380
(b) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 382
IN THE VIOLATION IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN 383
FIVE THOUSAND DOLLARS, SOLICITATION FRAUD IS A FELONY OF THE 385
FIFTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF 386
OR PLEADED GUILTY TO A THEFT OFFENSE OR A VIOLATION OF DIVISION 387
(A)(1) OF SECTION 1716.14 OF THE REVISED CODE, A FELONY OF THE 388
FOURTH DEGREE.
(c) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 390
IN THE VIOLATION IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN 391
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ONE HUNDRED THOUSAND DOLLARS, SOLICITATION FRAUD IS A FELONY OF 392
THE FOURTH DEGREE OR, IF THE OFFENDER PREVIOUSLY HAS BEEN 393
CONVICTED OF OR PLEADED GUILTY TO A THEFT OFFENSE OR A VIOLATION 394
OF DIVISION (A)(1) OF SECTION 1716.14 OF THE REVISED CODE, A 396
FELONY OF THE THIRD DEGREE.
(d) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 398
IN THE VIOLATION IS ONE HUNDRED THOUSAND DOLLARS OR MORE, 399
SOLICITATION FRAUD IS A FELONY OF THE THIRD DEGREE. 400
(2) WHEN AN OFFENDER COMMITS A SERIES OF OFFENSES IN 402
VIOLATION OF DIVISION (A)(1) OF SECTION 1716.14 OF THE REVISED 403
CODE AS PART OF A COMMON SCHEME OR PLAN TO DEFRAUD MULTIPLE 404
VICTIMS, ALL OF THE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE. 405
IF THE OFFENSES ARE TRIED AS A SINGLE OFFENSE, THE VALUE OF THE 406
CONTRIBUTIONS FOR PURPOSES OF DETERMINING THE VALUE AS REQUIRED 407
BY DIVISION (B)(1) OF THIS SECTION IS THE AGGREGATE VALUE OF ALL 408
CONTRIBUTIONS INVOLVED IN ALL OFFENSES IN THE COMMON SCHEME OR 410
PLAN TO DEFRAUD MULTIPLE VICTIMS. IN PROSECUTING A SINGLE 411
OFFENSE UNDER THIS DIVISION, IT IS NOT NECESSARY TO SEPARATELY 412
ALLEGE AND PROVE EACH OFFENSE IN THE SERIES. RATHER, IT IS 413
SUFFICIENT TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN 414
SPAN OF TIME, COMMITTED ONE OR MORE OFFENSES AS PART OF A COMMON 415
SCHEME OR PLAN TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN THIS 416
DIVISION.
(C) Any person who is found guilty of solicitation fraud 418
ANY ACT OR OMISSION PROHIBITED UNDER THIS CHAPTER shall forfeit 419
the bond described in section 1716.05 or 1716.07 of the Revised 421
Code to the state treasury to the credit of the charitable 422
foundations fund established under section 109.32 of the Revised 423
Code and shall be prohibited from registering with the attorney 424
general or from serving as a fund-raising counsel or professional 425
solicitor in this state for a period of five years after his 426
conviction.
Sec. 2913.61. (A) When a person is charged with a theft 435
offense involving property or services valued at five hundred 437
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dollars or more, a theft offense involving property or services 438
valued at five hundred dollars or more and less than five 439
thousand dollars, a theft offense involving property or services 440
valued at five thousand dollars or more and less than one hundred 441
thousand dollars, or a theft offense involving property or 442
services valued at one hundred thousand dollars or more, the jury 443
or court trying the accused shall determine the value of the 444
property or services as of the time of the offense and, if a 445
guilty verdict is returned, shall return the finding of value as 446
part of the verdict. In any case in which the jury or court 447
determines that the value of the property or services at the time 448
of the offense was five hundred dollars or more, it is 449
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 450
value of the property or services involved was five hundred 451
dollars or more and less than five thousand dollars, was five 453
thousand dollars or more and less than one hundred thousand 454
dollars, or was one hundred thousand dollars or more.
(B) If more than one item of property or services is 456
involved in a theft offense, the value of the property or 457
services involved for the purpose of determining the value as 458
required by division (A) of this section is the aggregate value 459
of all property or services involved in the offense. 460
(C)(1) When AN OFFENDER COMMITS a series of offenses under 462
section 2913.02 of the Revised Code is committed by the offender 464
in the offender's same employment, capacity, or relationship to 465
another, all of those offenses shall be tried as a single 467
offense, and the value of the property or services involved for 468
the purpose of determining the value as required by division (A) 469
of this section is the aggregate value of all property and 470
services involved in all offenses in the series. In prosecuting 471
a single offense under this division, it is not necessary to 472
separately allege and prove each offense in the series. It is 473
sufficient to allege and prove that the offender, within a given 474
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span of time, committed one or more theft offenses in the 475
offender's same employment, capacity, or relationship to another. 476
(2) If an offender is being tried for the commission of 479
COMMITS a series of offenses under section 2913.02 of the Revised 480
Code against more than one victim pursuant to a scheme or THAT 481
INVOLVE A COMMON course of conduct TO DEFRAUD MULTIPLE VICTIMS, 483
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 485
or services involved, for the purpose of determining the value as 486
required by division (A) of this section, is the aggregate value 487
of all property and services involved in the series of ALL OF THE 488
offenses IN THE COMMON COURSE OF CONDUCT TO DEFRAUD MULTIPLE 489
VICTIMS.
(3) IN PROSECUTING A SINGLE OFFENSE UNDER DIVISION (C)(1) 491
OR (2) OF THIS SECTION, IT IS NOT NECESSARY TO SEPARATELY ALLEGE 492
AND PROVE EACH OFFENSE IN THE SERIES. RATHER, IT IS SUFFICIENT 493
TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN SPAN OF 494
TIME, COMMITTED ONE OR MORE THEFT OFFENSES IN THE OFFENDER'S SAME 495
EMPLOYMENT, CAPACITY, OR RELATIONSHIP TO ANOTHER AS DESCRIBED IN 496
DIVISION (C)(1) OF THIS SECTION OR THAT INVOLVE A COMMON COURSE 498
OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN DIVISION 499
(C)(2) OF THIS SECTION. 500
(D) The following criteria shall be used in determining 502
the value of property or services involved in a theft offense: 503
(1) The value of an heirloom, memento, collector's item, 505
antique, museum piece, manuscript, document, record, or other 506
thing that has intrinsic worth to its owner and that either is 508
irreplaceable or is replaceable only on the expenditure of 509
substantial time, effort, or money, is the amount that would 510
compensate the owner for its loss. 511
(2) The value of personal effects and household goods, and 513
of materials, supplies, equipment, and fixtures used in the 514
profession, business, trade, occupation, or avocation of its 515
owner, which property is not covered under division (D)(1) of 516
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this section and which retains substantial utility for its 517
purpose regardless of its age or condition, is the cost of 518
replacing the property with new property of like kind and 519
quality. 520
(3) The value of any real or personal property that is not 523
covered under division (D)(1) or (2) of this section, and the 524
value of services, is the fair market value of the property or 525
services. As used in this section, "fair market value" is the 526
money consideration that a buyer would give and a seller would 527
accept for property or services, assuming that the buyer is 528
willing to buy and the seller is willing to sell, that both are 529
fully informed as to all facts material to the transaction, and 530
that neither is under any compulsion to act. 531
(E) Without limitation on the evidence that may be used to 533
establish the value of property or services involved in a theft 534
offense:
(1) When the property involved is personal property held 536
for sale at wholesale or retail, the price at which the property 537
was held for sale is prima-facie evidence of its value. 538
(2) When the property involved is a security or commodity 540
traded on an exchange, the closing price or, if there is no 541
closing price, the asked price, given in the latest market 542
quotation prior to the offense is prima-facie evidence of the 543
value of the security or commodity. 544
(3) When the property involved is livestock, poultry, or 546
raw agricultural products for which a local market price is 547
available, the latest local market price prior to the offense is 548
prima-facie evidence of the value of the livestock, poultry, or 549
products. 550
(4) When the property involved is a negotiable instrument, 552
the face value is prima-facie evidence of the value of the 553
instrument. 554
(5) When the property involved is a warehouse receipt, 556
bill of lading, pawn ticket, claim check, or other instrument 557
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entitling the holder or bearer to receive property, the face 558
value or, if there is no face value, the value of the property 559
covered by the instrument less any payment necessary to receive 560
the property is prima-facie evidence of the value of the 561
instrument. 562
(6) When the property involved is a ticket of admission, 564
ticket for transportation, coupon, token, or other instrument 565
entitling the holder or bearer to receive property or services, 566
the face value or, if there is no face value, the value of the 567
property or services that may be received by the instrument is 569
prima-facie evidence of the value of the instrument. 570
(7) When the services involved are gas, electricity, 572
water, telephone, transportation, shipping, or other services for 573
which the rate is established by law, the duly established rate 574
is prima-facie evidence of the value of the services. 575
(8) When the services involved are services for which the 577
rate is not established by law, and the offender has been 578
notified prior to the offense of the rate for the services, 579
either in writing, orally, or by posting in a manner reasonably 581
calculated to come to the attention of potential offenders, the 582
rate contained in the notice is prima-facie evidence of the value 583
of the services.
Section 2. That existing sections 1716.01, 1716.14, 585
1716.99, and 2913.61 of the Revised Code are hereby repealed. 586