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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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                   

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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