As Passed by the House 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-REPRESENTATIVES LOGAN-TAYLOR-MYERS-BUEHRER- 9
DePIERO-WILLAMOWSKI-CALLENDER-TIBERI-HOUSEHOLDER-CATES-VESPER- 10
FORD-BRADING-CORE-AMSTUTZ-KREBS-TERWILLEGER-BUCHY-PERZ-PADGETT- 11
HOLLISTER-SCHULER-JONES-GARDNER-BARRETT-BOYD-FLANNERY-HEALY- 12
KRUPINSKI-JACOBSON-CORBIN-BRITTON-SALERNO 13
_________________________________________________________________ 14
A B I L L
To amend sections 1716.01, 1716.14, 1716.99, and 16
2913.61 of the Revised Code and to amend section 17
2913.61 of the Revised Code contingent on Sub. 18
H.B. 2 of the 123rd General Assembly becoming 19
law, as concurred in on June 8, 1999, and, if the
contingency occurs, to supersede the version of 20
section 2913.61 of the Revised Code as amended by
Sections 1 and 2 of this act to clarify that 21
multiple offenses of theft may be tried as a 22
single offense when they involve a common course 23
of conduct to defraud multiple victims, to modify 24
the law regarding prohibitions against committing 25
a deceptive act or practice or misleading a 26
person as to a material fact relative to the 27
solicitation of contributions for a charitable 28
organization, for a charitable purpose, or in
response to a charitable sales promotion, to 29
enhance the penalty for solicitation fraud when 30
the victim of the offense is an elderly person or 31
disabled adult, and to permit in specified
circumstances the aggregation of contributions 32
involved in solicitation fraud with other
property or services obtained in a course of 33
2
conduct involving solicitation fraud and 34
specified other offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That sections 1716.01, 1716.14, 1716.99, and 38
2913.61 of the Revised Code be amended to read as follows: 39
Sec. 1716.01. As used in this chapter: 48
(A)(1) "Charitable organization" means either of the 50
following: 51
(1)(a) Any person that is determined by the internal 53
revenue service to be a tax exempt organization pursuant to 54
section 501(c)(3) of the Internal Revenue Code; 55
(2)(b) Any person that is or holds itself out to be 57
established for any benevolent, philanthropic, patriotic, 58
educational, humane, scientific, public health, environmental 59
conservation, civic, or other eleemosynary purpose or for the 60
benefit of law enforcement personnel, fire fighters FIREFIGHTERS, 62
or other persons who protect the public safety, or any person who 63
in any manner employs a charitable appeal as the basis of any 64
solicitation or an appeal that suggests that there is a 65
charitable purpose to any solicitation. 66
(2) "Charitable organization" is not limited to only those 68
organizations to which contributions are tax deductible under 69
section 170 of the Internal Revenue Code. 70
"Charitable organization" does not include an employer who 72
is not engaged in the business of soliciting contributions or 73
conducting charitable sales promotions but who incidentally 74
solicits contributions for a charitable organization or purpose; 75
or a compensated employee of an employer not engaged in the 76
business of soliciting contributions or conducting charitable 77
sales promotions, when the employee solicits contributions or 78
conducts charitable sales promotions at the direction of his THE 79
EMPLOYEE'S employer. 80
3
(B)(1) "Charitable purpose" means either of the following: 82
(1)(a) Any purpose described in section 501(c)(3) of the 84
Internal Revenue Code; 85
(2)(b) Any benevolent, philanthropic, patriotic, 87
educational, humane, scientific, public health, environmental 88
conservation, civic, or other eleemosynary objective or any 89
objective that benefits law enforcement personnel, fire fighters 90
FIREFIGHTERS, or other persons who protect the public safety. 91
(2) "Charitable purpose" is not limited to only those 93
purposes for which contributions are tax deductible under section 94
170 of the Internal Revenue Code. 95
(C) "Charitable sales promotion" means any advertising or 97
sale conducted by a person who represents that the purchase or 98
use of goods or services offered by the person will benefit, in 99
whole or in part, any charitable organization or charitable 100
purpose. The provision of advertising services to a charitable 101
organization, either for compensation or as a donation, does not 102
of itself constitute a charitable sales promotion. 103
(D) "Commercial co-venturer" means any person who for 105
profit regularly and primarily is engaged in trade or commerce 106
other than in connection with soliciting for charitable 107
organizations or charitable purposes and who conducts a 108
charitable sales promotion. 109
(E) "Contribution" means the promise, pledge, or grant of 111
any money or property, financial assistance, or any other thing 112
of value in response to a solicitation. "Contribution" does not 113
include any bona fide fees, or any dues or assessments paid by 114
members, provided that membership is not conferred solely as a 115
consideration for making a contribution in response to a 116
solicitation. 117
(F) "DECEPTIVE ACT OR PRACTICE" MEANS KNOWINGLY 119
MISREPRESENTING ANY MATERIAL FACT RELATED TO THE PLANNING, 120
CONDUCTING, OR EXECUTING OF ANY SOLICITATION OF CONTRIBUTIONS FOR 121
A CHARITABLE ORGANIZATION OR CHARITABLE PURPOSE OR TO THE 122
4
PLANNING, CONDUCTING, OR EXECUTING OF A CHARITABLE SALES
PROMOTION, WHEN THE MISREPRESENTATION INDUCES ANY PERSON TO MAKE 124
A CONTRIBUTION TO A CHARITABLE ORGANIZATION, FOR A CHARITABLE 125
PURPOSE, OR IN RESPONSE TO A CHARITABLE SALES PROMOTION. 126
(G) "Fund-raising counsel" means any person who, for 128
compensation, plans, manages, advises, consults, or prepares 129
material for or with respect to the solicitation in this state of 130
contributions for any charitable organization or at any time has 131
custody of contributions from a solicitation, but does not 132
solicit contributions and does not employ, procure, or otherwise 133
engage any compensated person to solicit contributions. 134
"Fund-raising counsel" does not include the following: 135
(1) An attorney, investment counselor, or banker who in 137
the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR 138
BANKER'S profession advises a client; 139
(2) A charitable organization or a bona fide officer, 141
employee, or volunteer of a charitable organization, when the 142
charitable organization has full knowledge of the services being 143
performed on its behalf and either of the following applies: 144
(a) The services performed by the charitable organization, 146
bona fide officer, employee, or volunteer are performed on behalf 147
of the charitable organization that employs the bona fide officer 148
or employee or engages the services of the bona fide volunteer; 149
(b) The charitable organization on whose behalf the 151
services are performed shares some element of common control or 152
an historic or continuing relationship with the charitable 153
organization that performs the services or employs the bona fide 154
officer or employee or engages the services of the bona fide 155
volunteer; 156
(3) An employer who is not engaged in the business of 158
soliciting contributions or conducting charitable sales 159
promotions but who incidentally solicits contributions for a 160
charitable organization or purpose without compensation; 161
(4) A compensated employee of an employer who is not 163
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engaged in the business of soliciting contributions or conducting 164
charitable sales promotions, when the employee solicits 165
contributions or conducts charitable sales promotions at the 166
direction of his THE EMPLOYEE'S employer. 167
(G)(H) "Internal Revenue Code" means the "Internal Revenue 169
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 170
(H)(I) "Person" has the same meaning as in section 1.59 of 172
the Revised Code and includes a group, foundation, or any other 173
entity however styled. 174
(I)(J) "Professional solicitor" means any person who, for 176
compensation, performs on behalf of or for the benefit of a 177
charitable organization any service in connection with which 178
contributions are or will be solicited in this state by the 179
compensated person or by any person it employs, procures, or 180
otherwise engages directly or indirectly to solicit 181
contributions. "Professional solicitor" does not include the 182
following: 183
(1) An attorney, investment counselor, or banker who in 185
the conduct of his THE ATTORNEY'S, INVESTMENT COUNSELOR'S, OR 186
BANKER'S profession advises a client; 187
(2) A charitable organization or a bona fide officer, 189
employee, or volunteer of a charitable organization, when the 190
charitable organization has full knowledge of the services being 191
performed on its behalf and either of the following applies: 192
(a) The services performed by the charitable organization, 194
bona fide officer, employee, or volunteer are performed on behalf 195
of the charitable organization that employs the bona fide officer 196
or employee or engages the services of the bona fide volunteer; 197
(b) The charitable organization on whose behalf the 199
services are performed shares some element of common control or 200
an historic or continuing relationship with the charitable 201
organization that performs the services or employs the bona fide 202
officer or employee or engages the services of the bona fide 203
volunteer; 204
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(3) An employer who is not engaged in the business of 206
soliciting contributions or conducting charitable sales 207
promotions but who incidentally solicits contributions for a 208
charitable organization or purpose without compensation; 209
(4) A compensated employee of an employer who is not 211
engaged in the business of soliciting contributions or conducting 212
charitable sales promotions, when the employee solicits 213
contributions or conducts charitable sales promotions at the 214
direction of his THE EMPLOYEE'S employer. 215
(J)(K)(1) "Solicit" or "solicitation" means to request or 217
a request directly or indirectly for money, property, financial 218
assistance, or any other thing of value on the plea or 219
representation that such money, property, financial assistance, 220
or other thing of value or a portion of it will be used for a 221
charitable purpose or will benefit a charitable organization. 222
"Solicit" or "solicitation" includes but is not limited to the 223
following methods of requesting or securing the promise, pledge, 224
or grant of money, property, financial assistance, or any other 225
thing of value: 226
(1)(a) Any oral or written request; 228
(2)(b) Making any announcement to the press, on radio or 230
television, by telephone or telegraph, or by any other 231
communication device concerning an appeal or campaign by or for 232
any charitable organization or for any charitable purpose; 233
(3)(c) Distributing, circulating, posting, or publishing 235
any handbill, written advertisement, or other publication that 236
directly or by implication seeks to obtain any contribution; 237
(4)(d) Selling or offering or attempting to sell any 239
advertisement, advertising space, book, card, tag, coupon, 240
chance, device, magazine, membership, merchandise, subscription, 241
sponsorship, flower, ticket, admission, candy, cookies, or other 242
tangible item, or any right of any description in connection with 243
which an appeal is made for any charitable organization or 244
charitable purpose, or when the name of any charitable 245
7
organization is used or referred to in any such appeal as an 246
inducement or reason for making the sale, or when in connection 247
with the sale or offer or attempt to sell, any statement is made 248
that all or part of the proceeds from the sale will be used for 249
any charitable purpose or will benefit any charitable 250
organization. 251
(2) A solicitation is considered as having taken place FOR 254
PURPOSES OF DIVISION (K)(1) OF THIS SECTION whether or not the 256
person making the solicitation receives any contribution. A 257
solicitation does not occur when a person applies for a grant or 258
an award to the government or to an organization that is exempt 259
from federal income taxation under section 501(a) and described 260
in section 501(c)(3) of the Internal Revenue Code. 261
(L) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 263
2913.01 OF THE REVISED CODE. 264
(M) "ELDERLY PERSON" AND "DISABLED ADULT" HAVE THE SAME 266
MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 267
Sec. 1716.14. (A) The following acts and practices are 276
hereby prohibited and declared unlawful as applied to the 277
planning, conducting, or executing of any solicitation of 278
contributions for a charitable organization or charitable purpose 279
or to the planning, conducting, or executing of a charitable 280
sales promotion: 281
(1) Operating in violation of, or failing to comply with, 283
any of the requirements of this chapter or any rule adopted under 284
this chapter; 285
(2) Committing any unfair or deceptive act or practice; 287
(2) MISLEADING ANY PERSON AS TO ANY MATERIAL FACT 289
CONCERNING THE SOLICITATION OF CONTRIBUTIONS FOR A CHARITABLE 290
ORGANIZATION OR CHARITABLE PURPOSE OR CONCERNING A CHARITABLE 291
SALES PROMOTION;
(3) Using any representation that implies that the 293
contribution is for or on behalf of a charitable organization, or 294
using any emblem, device, or printed matter belonging to or 295
8
associated with a charitable organization, without first having 296
been authorized in writing to do so by the charitable 297
organization; 298
(4) Using a name, symbol, or statement that is so closely 300
related or similar to that used by another charitable 301
organization, public official, or public agency in such a manner 302
that the use of the name, symbol, or statement tends to confuse 303
or mislead a person being solicited for contributions, except 304
that the name, symbol, or statement may be used if written 305
permission is obtained from the other charitable organization, 306
public official, or public agency and filed with the attorney 307
general prior to any solicitation for a charitable purpose or 308
prior to engaging in any charitable sales promotion; 309
(5) Misleading any person in any manner in the belief, or 311
misrepresenting MAKING OR USING ANY REPRESENTATION to any person 313
THAT IMPLIES, that the organization on whose behalf a 314
solicitation or charitable sales promotion is being conducted is 315
a charitable organization or that the proceeds of the 316
solicitation or charitable sales promotion will be used for a
charitable purpose if either of those is not the fact; 317
(6) Misleading any person in any manner in the belief, or 319
misrepesenting MAKING OR USING ANY REPRESENTATION to any person 320
THAT IMPLIES, that any other person sponsors, endorses, or 323
approves of the solicitation or charitable sales promotion when 324
that other person has not given its consent in writing to that 325
representation or to the use of its name for any of those 326
purposes;
(7) Using or exploiting the fact of registration in such a 328
manner as to lead any person to believe that the registration in 329
any manner constitutes an endorsement or approval by the state; 330
(8) Representing directly or by implication that a 332
charitable organization will receive a fixed or estimated 333
percentage of the gross revenue from a solicitation campaign that 334
is greater than that set forth in the contract filed with the 335
9
attorney general pursuant to section 1716.08 of the Revised Code, 336
or that a charitable organization will receive an actual or 337
estimated dollar amount or percentage per unit of goods or 338
services purchased or used in a charitable sales promotion, that 339
is greater than that agreed to by the commercial co-venturer and 340
the charitable organization; 341
(9) Filing false or misleading information in any document 343
required to be filed with the attorney general under this 344
chapter; 345
(10) Filing false or misleading information in response to 347
a request from the attorney general under section 1716.15 of the 348
Revised Code; 349
(11) Failing to provide complete and timely payment to a 351
charitable organization of the proceeds from a solicitation 352
campaign or a charitable sales promotion; 353
(12) OPERATING IN VIOLATION OF, OR FAILING TO COMPLY WITH, 355
ANY OF THE REQUIREMENTS OF THIS CHAPTER OR ANY RULE ADOPTED UNDER 356
THIS CHAPTER.
(B) The act of soliciting contributions for any charitable 358
organization or charitable purpose or engaging in a charitable 359
sales promotion without complying with the requirements of this 360
chapter or any rule adopted pursuant to this chapter, is a 361
nuisance. 362
Sec. 1716.99. (A) Whoever violates ANY PROVISION OF 371
sections 1716.02 to 1716.17 of the Revised Code or any rule 372
adopted pursuant to those sections, OTHER THAN DIVISION (A)(1) OF 373
SECTION 1716.14 OF THE REVISED CODE, is guilty of solicitation 374
fraud, a misdemeanor of the first degree. 375
(B) Each occurrence of a solicitation of a contribution 377
from any person in violation of ANY PROVISION OF sections 1716.02 378
to 1716.17 of the Revised Code or any rule adopted under those 380
sections, OTHER THAN DIVISION (A)(1) OF SECTION 1716.14 OF THE 381
REVISED CODE, is considered a separate offense of solicitation 382
fraud.
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(B)(1) WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 1716.14 385
OF THE REVISED CODE IS GUILTY OF SOLICITATION FRAUD AND SHALL BE
PUNISHED AS PROVIDED IN DIVISIONS (B)(2) TO (4) OF THIS SECTION. 386
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(4) OF 388
THIS SECTION, DIVISION (B)(3) OF THIS SECTION APPLIES TO 389
SOLICITATION FRAUD, AND SOLICITATION FRAUD IS ONE OF THE 390
FOLLOWING:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(2)(b) TO 393
(d) OF THIS SECTION, A MISDEMEANOR OF THE FIRST DEGREE OR, IF THE 395
OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A
THEFT OFFENSE OR A VIOLATION OF DIVISION (A)(1) OF SECTION 397
1716.14 OF THE REVISED CODE, A FELONY OF THE FIFTH DEGREE. 398
(b) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 400
IN THE VIOLATION IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN 401
FIVE THOUSAND DOLLARS, A FELONY OF THE FIFTH DEGREE OR, IF THE 403
OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO A 404
THEFT OFFENSE OR A VIOLATION OF DIVISION (A)(1) OF SECTION 405
1716.14 OF THE REVISED CODE, A FELONY OF THE FOURTH DEGREE. 406
(c) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 408
IN THE VIOLATION IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN 409
ONE HUNDRED THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE OR, 411
IF THE OFFENDER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED 412
GUILTY TO A THEFT OFFENSE OR A VIOLATION OF DIVISION (A)(1) OF 413
SECTION 1716.14 OF THE REVISED CODE, A FELONY OF THE THIRD 414
DEGREE.
(d) IF THE VALUE OF THE CONTRIBUTION OR CONTRIBUTIONS MADE 416
IN THE VIOLATION IS ONE HUNDRED THOUSAND DOLLARS OR MORE, A 417
FELONY OF THE THIRD DEGREE. 418
(3) WHEN AN OFFENDER COMMITS A SERIES OF OFFENSES IN 420
VIOLATION OF DIVISION (A)(1) OF SECTION 1716.14 OF THE REVISED 421
CODE AS PART OF A COMMON SCHEME OR PLAN TO DEFRAUD MULTIPLE 422
VICTIMS, ALL OF THE OFFENSES MAY BE TRIED AS A SINGLE OFFENSE. 423
IF THE OFFENSES ARE TRIED AS A SINGLE OFFENSE, THE VALUE OF THE 424
CONTRIBUTIONS FOR PURPOSES OF DETERMINING THE VALUE AS REQUIRED 425
11
BY DIVISION (B)(2) OF THIS SECTION IS THE AGGREGATE VALUE OF ALL 426
CONTRIBUTIONS INVOLVED IN ALL OFFENSES IN THE COMMON SCHEME OR 428
PLAN TO DEFRAUD MULTIPLE VICTIMS. IN PROSECUTING A SINGLE 429
OFFENSE UNDER THIS DIVISION, IT IS NOT NECESSARY TO SEPARATELY 430
ALLEGE AND PROVE EACH OFFENSE IN THE SERIES. RATHER, IT IS 431
SUFFICIENT TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN 432
SPAN OF TIME, COMMITTED ONE OR MORE OFFENSES AS PART OF A COMMON 433
SCHEME OR PLAN TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN THIS 434
DIVISION.
(4) IF THE VICTIM OF THE OFFENSE IS AN ELDERLY PERSON OR 436
DISABLED ADULT, DIVISION (B)(4) OF THIS SECTION AND SECTION 437
2913.61 OF THE REVISED CODE APPLY TO SOLICITATION FRAUD, AND 438
SOLICITATION FRAUD IS ONE OF THE FOLLOWING:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (B)(4)(b) TO 441
(d) OF THIS SECTION, A FELONY OF THE FIFTH DEGREE; 442
(b) IF THE VALUE OF THE CONTRIBUTIONS MADE IN THE 444
VIOLATION IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS THAN FIVE 445
THOUSAND DOLLARS, A FELONY OF THE FOURTH DEGREE; 446
(c) IF THE VALUE OF THE CONTRIBUTIONS MADE IN THE 448
VIOLATION IS FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN 449
TWENTY-FIVE THOUSAND DOLLARS, A FELONY OF THE THIRD DEGREE; 450
(d) IF THE VALUE OF THE CONTRIBUTIONS MADE IN THE 452
VIOLATION IS TWENTY-FIVE THOUSAND DOLLARS OR MORE, A FELONY OF 453
THE SECOND DEGREE.
(C) Any person who is found guilty of solicitation fraud 455
ANY ACT OR OMISSION PROHIBITED UNDER THIS CHAPTER shall forfeit 456
the bond described in section 1716.05 or 1716.07 of the Revised 458
Code to the state treasury to the credit of the charitable 459
foundations fund established under section 109.32 of the Revised 460
Code and shall be prohibited from registering with the attorney 461
general or from serving as a fund-raising counsel or professional 462
solicitor in this state for a period of five years after his 463
conviction.
Sec. 2913.61. (A) When a person is charged with a theft 472
12
offense involving property or services valued at five hundred 474
dollars or more, a theft offense involving property or services 475
valued at five hundred dollars or more and less than five 476
thousand dollars, a theft offense involving property or services 477
valued at five thousand dollars or more and less than one hundred 478
thousand dollars, or a theft offense involving property or 479
services valued at one hundred thousand dollars or more, the jury 480
or court trying the accused shall determine the value of the 481
property or services as of the time of the offense and, if a 482
guilty verdict is returned, shall return the finding of value as 483
part of the verdict. In any case in which the jury or court 484
determines that the value of the property or services at the time 485
of the offense was five hundred dollars or more, it is 486
unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the 487
value of the property or services involved was five hundred 488
dollars or more and less than five thousand dollars, was five 490
thousand dollars or more and less than one hundred thousand 491
dollars, or was one hundred thousand dollars or more.
(B) If more than one item of property or services is 493
involved in a theft offense, the value of the property or 494
services involved for the purpose of determining the value as 495
required by division (A) of this section is the aggregate value 496
of all property or services involved in the offense. 497
(C)(1) When AN OFFENDER COMMITS a series of offenses under 499
section 2913.02 of the Revised Code is committed by the offender 501
in the offender's same employment, capacity, or relationship to 502
another, all of those offenses shall be tried as a single 504
offense, and the value of the property or services involved for 505
the purpose of determining the value as required by division (A) 506
of this section is the aggregate value of all property and 507
services involved in all offenses in the series. In prosecuting 508
a single offense under this division, it is not necessary to 509
separately allege and prove each offense in the series. It is 510
13
sufficient to allege and prove that the offender, within a given 511
span of time, committed one or more theft offenses in the 512
offender's same employment, capacity, or relationship to another. 513
(2) If an offender is being tried for the commission of 516
COMMITS a series of offenses under section 2913.02 of the Revised 517
Code against more than one victim pursuant to a scheme or THAT 518
INVOLVE A COMMON course of conduct TO DEFRAUD MULTIPLE VICTIMS, 520
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 522
or services involved, for the purpose of determining the value as 523
required by division (A) of this section, is the aggregate value 524
of all property and services involved in the series of ALL OF THE 525
offenses IN THE COMMON COURSE OF CONDUCT TO DEFRAUD MULTIPLE 526
VICTIMS.
(3) IN PROSECUTING A SINGLE OFFENSE UNDER DIVISION (C)(1) 528
OR (2) OF THIS SECTION, IT IS NOT NECESSARY TO SEPARATELY ALLEGE 529
AND PROVE EACH OFFENSE IN THE SERIES. RATHER, IT IS SUFFICIENT 530
TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN SPAN OF 531
TIME, COMMITTED ONE OR MORE THEFT OFFENSES IN THE OFFENDER'S SAME 532
EMPLOYMENT, CAPACITY, OR RELATIONSHIP TO ANOTHER AS DESCRIBED IN 533
DIVISION (C)(1) OF THIS SECTION OR THAT INVOLVE A COMMON COURSE 535
OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS AS DESCRIBED IN DIVISION 536
(C)(2) OF THIS SECTION. 537
(D) The following criteria shall be used in determining 539
the value of property or services involved in a theft offense: 540
(1) The value of an heirloom, memento, collector's item, 542
antique, museum piece, manuscript, document, record, or other 543
thing that has intrinsic worth to its owner and that either is 545
irreplaceable or is replaceable only on the expenditure of 546
substantial time, effort, or money, is the amount that would 547
compensate the owner for its loss. 548
(2) The value of personal effects and household goods, and 550
of materials, supplies, equipment, and fixtures used in the 551
profession, business, trade, occupation, or avocation of its 552
14
owner, which property is not covered under division (D)(1) of 553
this section and which retains substantial utility for its 554
purpose regardless of its age or condition, is the cost of 555
replacing the property with new property of like kind and 556
quality. 557
(3) The value of any real or personal property that is not 560
covered under division (D)(1) or (2) of this section, and the 561
value of services, is the fair market value of the property or 562
services. As used in this section, "fair market value" is the 563
money consideration that a buyer would give and a seller would 564
accept for property or services, assuming that the buyer is 565
willing to buy and the seller is willing to sell, that both are 566
fully informed as to all facts material to the transaction, and 567
that neither is under any compulsion to act. 568
(E) Without limitation on the evidence that may be used to 570
establish the value of property or services involved in a theft 571
offense:
(1) When the property involved is personal property held 573
for sale at wholesale or retail, the price at which the property 574
was held for sale is prima-facie evidence of its value. 575
(2) When the property involved is a security or commodity 577
traded on an exchange, the closing price or, if there is no 578
closing price, the asked price, given in the latest market 579
quotation prior to the offense is prima-facie evidence of the 580
value of the security or commodity. 581
(3) When the property involved is livestock, poultry, or 583
raw agricultural products for which a local market price is 584
available, the latest local market price prior to the offense is 585
prima-facie evidence of the value of the livestock, poultry, or 586
products. 587
(4) When the property involved is a negotiable instrument, 589
the face value is prima-facie evidence of the value of the 590
instrument. 591
(5) When the property involved is a warehouse receipt, 593
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bill of lading, pawn ticket, claim check, or other instrument 594
entitling the holder or bearer to receive property, the face 595
value or, if there is no face value, the value of the property 596
covered by the instrument less any payment necessary to receive 597
the property is prima-facie evidence of the value of the 598
instrument. 599
(6) When the property involved is a ticket of admission, 601
ticket for transportation, coupon, token, or other instrument 602
entitling the holder or bearer to receive property or services, 603
the face value or, if there is no face value, the value of the 604
property or services that may be received by the instrument is 606
prima-facie evidence of the value of the instrument. 607
(7) When the services involved are gas, electricity, 609
water, telephone, transportation, shipping, or other services for 610
which the rate is established by law, the duly established rate 611
is prima-facie evidence of the value of the services. 612
(8) When the services involved are services for which the 614
rate is not established by law, and the offender has been 615
notified prior to the offense of the rate for the services, 616
either in writing, orally, or by posting in a manner reasonably 618
calculated to come to the attention of potential offenders, the 619
rate contained in the notice is prima-facie evidence of the value 620
of the services.
Section 2. That existing sections 1716.01, 1716.14, 622
1716.99, and 2913.61 of the Revised Code are hereby repealed. 623
Section 3. Subject to Section 5 of this act, that section 625
2913.61 of the Revised Code that results from Sub. H.B. 2 of the 626
123rd General Assembly contingently be amended to read as 627
follows:
Sec. 2913.61. (A) When a person is charged with a theft 629
offense involving, OR WITH A VIOLATION OF DIVISION (A)(1) OF 631
SECTION 1716.14 OF THE REVISED CODE INVOLVING A VICTIM WHO IS AN
ELDERLY PERSON OR DISABLED ADULT THAT INVOLVES property or 632
services valued at five hundred dollars or more, a theft offense 633
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involving property or services valued at five hundred dollars or 634
more and less than five thousand dollars, a theft offense 635
involving property or services valued at five thousand dollars or 637
more and less than twenty-five thousand dollars, a theft offense 638
involving property or services valued at twenty-five thousand 639
dollars or more and less than one hundred thousand dollars, or a 641
theft offense involving property or services valued at one
hundred thousand dollars or more, the jury or court trying the 643
accused shall determine the value of the property or services as 644
of the time of the offense and, if a guilty verdict is returned, 645
shall return the finding of value as part of the verdict. In any 646
case in which the jury or court determines that the value of the 647
property or services at the time of the offense was five hundred 648
dollars or more, it is unnecessary to find and return the exact 649
value, and it is sufficient if the finding and return is to the 650
effect that the value of the property or services involved was 651
five hundred dollars or more and less than five thousand dollars, 653
was five thousand dollars or more and less than twenty-five 654
thousand dollars, was twenty-five thousand dollars or more and
less than one hundred thousand dollars, or was one hundred 656
thousand dollars or more.
(B) If more than one item of property or services is 658
involved in a theft offense OR IN A VIOLATION OF DIVISION (A)(1) 659
OF SECTION 1716.14 OF THE REVISED CODE INVOLVING A VICTIM WHO IS 660
AN ELDERLY PERSON OR DISABLED ADULT, the value of the property or 661
services involved for the purpose of determining the value as 662
required by division (A) of this section is the aggregate value 663
of all property or services involved in the offense. 664
(C)(1) When a series of offenses under section 2913.02 of 666
the Revised Code, or a series of violations of, attempts to 667
commit a violation of, conspiracies to violate, or complicity in 668
violations of DIVISION (A)(1) OF SECTION 1716.14, section 669
2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section 670
2913.21, or section 2913.31 or 2913.43 of the Revised Code 671
17
involving a victim who is an elderly person or disabled adult, is 673
committed by the offender in the offender's same employment, 674
capacity, or relationship to another, all of those offenses shall 675
be tried as a single offense, and the. THE value of the property 677
or services involved IN THE SERIES OF OFFENSES for the purpose of 678
determining the value as required by division (A) of this section 679
is the aggregate value of all property and services involved in 680
all offenses in the series. In prosecuting a single offense 681
under this division, it is not necessary to separately allege and 682
prove each offense in the series. It is sufficient to allege and 683
prove that the offender, within a given span of time, committed 684
one or more theft offenses in the offender's same employment, 685
capacity, or relationship to another. 686
(2) If an offender is being tried for the commission of 689
COMMITS a series of offenses under section 2913.02 of the Revised 690
Code against more than one victim, or THAT INVOLVES A COMMON 691
COURSE OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS, ALL OF THE 692
OFFENSES MAY BE TRIED AS A SINGLE OFFENSE. IF AN OFFENDER IS
BEING TRIED FOR THE COMMISSION OF a series of violations of, 693
attempts to commit a violation of, conspiracies to violate, or 695
complicity in violations of DIVISION (A)(1) OF SECTION 1716.14, 696
section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of 697
section 2913.21, or section 2913.31 or 2913.43 of the Revised 698
Code, whether committed against one victim or more than one 700
victim, involving a victim who is an elderly person or disabled 701
adult, pursuant to a scheme or course of conduct, all of those 703
offenses may be tried as a single offense, and. IF THE OFFENSES 704
ARE TRIED AS A SINGLE OFFENSE, the value of the property or 706
services involved, for the purpose of determining the value as 707
required by division (A) of this section, is the aggregate value 708
of all property and services involved in the series of ALL OF THE 709
offenses IN THE COURSE OF CONDUCT.
(3) IN PROSECUTING A SINGLE OFFENSE UNDER DIVISION (C)(1) 711
OR (2) OF THIS SECTION, IT IS NOT NECESSARY TO SEPARATELY ALLEGE 712
18
AND PROVE EACH OFFENSE IN THE SERIES. RATHER, IT IS SUFFICIENT 713
TO ALLEGE AND PROVE THAT THE OFFENDER, WITHIN A GIVEN SPAN OF 714
TIME, COMMITTED ONE OR MORE THEFT OFFENSES IN THE OFFENDER'S SAME 715
EMPLOYMENT, CAPACITY, OR RELATIONSHIP TO ANOTHER AS DESCRIBED IN 716
DIVISION (C)(1) OF THIS SECTION OR THAT INVOLVE A COMMON COURSE 718
OF CONDUCT TO DEFRAUD MULTIPLE VICTIMS OR A SCHEME OR COURSE OF
CONDUCT AS DESCRIBED IN DIVISION (C)(2) OF THIS SECTION. 719
(D) The following criteria shall be used in determining 721
the value of property or services involved in a theft offense: 722
(1) The value of an heirloom, memento, collector's item, 724
antique, museum piece, manuscript, document, record, or other 725
thing that has intrinsic worth to its owner and that either is 727
irreplaceable or is replaceable only on the expenditure of 728
substantial time, effort, or money, is the amount that would 729
compensate the owner for its loss. 730
(2) The value of personal effects and household goods, and 732
of materials, supplies, equipment, and fixtures used in the 733
profession, business, trade, occupation, or avocation of its 734
owner, which property is not covered under division (D)(1) of 735
this section and which retains substantial utility for its 736
purpose regardless of its age or condition, is the cost of 737
replacing the property with new property of like kind and 738
quality. 739
(3) The value of any real or personal property that is not 742
covered under division (D)(1) or (2) of this section, and the 743
value of services, is the fair market value of the property or 744
services. As used in this section, "fair market value" is the 745
money consideration that a buyer would give and a seller would 746
accept for property or services, assuming that the buyer is 747
willing to buy and the seller is willing to sell, that both are 748
fully informed as to all facts material to the transaction, and 749
that neither is under any compulsion to act. 750
(E) Without limitation on the evidence that may be used to 752
establish the value of property or services involved in a theft 753
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offense:
(1) When the property involved is personal property held 755
for sale at wholesale or retail, the price at which the property 756
was held for sale is prima-facie evidence of its value. 757
(2) When the property involved is a security or commodity 759
traded on an exchange, the closing price or, if there is no 760
closing price, the asked price, given in the latest market 761
quotation prior to the offense is prima-facie evidence of the 762
value of the security or commodity. 763
(3) When the property involved is livestock, poultry, or 765
raw agricultural products for which a local market price is 766
available, the latest local market price prior to the offense is 767
prima-facie evidence of the value of the livestock, poultry, or 768
products. 769
(4) When the property involved is a negotiable instrument, 771
the face value is prima-facie evidence of the value of the 772
instrument. 773
(5) When the property involved is a warehouse receipt, 775
bill of lading, pawn ticket, claim check, or other instrument 776
entitling the holder or bearer to receive property, the face 777
value or, if there is no face value, the value of the property 778
covered by the instrument less any payment necessary to receive 779
the property is prima-facie evidence of the value of the 780
instrument. 781
(6) When the property involved is a ticket of admission, 783
ticket for transportation, coupon, token, or other instrument 784
entitling the holder or bearer to receive property or services, 785
the face value or, if there is no face value, the value of the 786
property or services that may be received by the instrument is 788
prima-facie evidence of the value of the instrument. 789
(7) When the services involved are gas, electricity, 791
water, telephone, transportation, shipping, or other services for 792
which the rate is established by law, the duly established rate 793
is prima-facie evidence of the value of the services. 794
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(8) When the services involved are services for which the 796
rate is not established by law, and the offender has been 797
notified prior to the offense of the rate for the services, 798
either in writing, orally, or by posting in a manner reasonably 800
calculated to come to the attention of potential offenders, the 801
rate contained in the notice is prima-facie evidence of the value 802
of the services.
Section 4. Subject to Section 5 of this act, that existing 804
section 2913.61 of the Revised Code that results from Sub. H.B. 2 805
of the 123rd General Assembly contingently is hereby repealed. 806
Section 5. The amendments by this act adding division (M) 808
to section 1716.01 and division (B)(4) to section 1716.99 and 809
Sections 3 and 4 of this act are contingent on Sub. H.B. 2 of the 810
123rd General Assembly becoming law, as concurred in on June 8, 811
1999, pages 776-777, House Journal. If the contingency occurs, 812
the version of section 2913.61 of the Revised Code in Sections 3 813
and 4 of this act that was contingent on Sub. H.B. 2 supersedes
the version of section 2913.61 of the Revised Code in Sections 1 814
and 2 of this act. 815