REPRESENTATIVES Walcher, D. Evans, Aslanides, Wagner, McGregor, Reidelbach, Fessler, Price, Wolpert, Olman, Kearns, Setzer, Webster, Hagan, Collier, Schaffer, Widener, Distel, Barrett, Beatty, Carano, Carmichael, Chandler, Cirelli, DeGeeter, Domenick, C. Evans, Flowers, Gilb, Harwood, Hollister, Hughes, Jerse, Latta, Mason, Miller, Niehaus, Otterman, S. Patton, Perry, Reinhard, Schmidt, Schneider, Sferra, Slaby, G. Smith, S. Smith, D. Stewart, J. Stewart, Taylor, White, Wilson, Woodard

To amend sections 2901.11, 2901.12, and 2923.01 and

1

to enact section 2913.421 of the Revised Code to

2

prohibit a person from transmitting multiple

3

electronic mail advertisements, falsifying the

4

originating address or other routing information

5

in multiple electronic mail advertisements, or

6

falsifying registration information for multiple

7

electronic mail accounts, and to prohibit

8

unauthorized access to a public computer to

9

transmit multiple electronic mail advertisements.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2901.11, 2901.12, and 2923.01 be	11
amended and section 2913.421 of the Revised Code be enacted to	12
read as follows:	13

Sec. 2901.11.  (A) A person is subject to criminal	14
prosecution and punishment in this state if any of the following	15
occur:	16

(1) The person commits an offense under the laws of this	17
state, any element of which takes place in this state.	18

(2) While in this state, the person conspires or attempts to	19
commit, or is guilty of complicity in the commission of, an	20
offense in another jurisdiction, which offense is an offense under	21
both the laws of this state and the other jurisdiction.	22

(3) While out of this state, the person conspires or attempts	23
to commit, or is guilty of complicity in the commission of, an	24
offense in this state.	25

(4) While out of this state, the person omits to perform a	26
legal duty imposed by the laws of this state, which omission	27
affects a legitimate interest of the state in protecting,	28
governing, or regulating any person, property, thing, transaction,	29
or activity in this state.	30

(5) While out of this state, the person unlawfully takes or	31
retains property and subsequently brings any of the unlawfully	32
taken or retained property into this state.	33

(6) While out of this state, the person unlawfully takes or	34
entices another and subsequently brings the other person into this	35
state.	36

(7) The person, by means of a computer, computer system,	37
computer network, protected computer, telecommunication,	38
telecommunications device, telecommunications service, or	39
information service, causes or knowingly permits any writing,	40
data, image, or other telecommunication to be disseminated or	41
transmitted into this state in violation of the law of this state.	42

(B) In homicide, the element referred to in division (A)(1)	43
of this section is either the act that causes death, or the	44
physical contact that causes death, or the death itself. If any	45
part of the body of a homicide victim is found in this state, the	46
death is presumed to have occurred within this state.	47

(C)(1) This state includes the land and water within its	48
boundaries and the air space above that land and water, with	49
respect to which this state has either exclusive or concurrent	50
legislative jurisdiction. Where the boundary between this state	51
and another state or foreign country is disputed, the disputed	52
territory is conclusively presumed to be within this state for	53
purposes of this section.	54

(2) The courts of common pleas of Adams, Athens, Belmont,	55
Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson,	56
Lawrence, Meigs, Monroe, Scioto, and Washington counties have	57
jurisdiction beyond the north or northwest shore of the Ohio river	58
extending to the opposite shore line, between the extended	59
boundary lines of any adjacent counties or adjacent state. Each of	60
those courts of common pleas has concurrent jurisdiction on the	61
Ohio river with any adjacent court of common pleas that borders on	62
that river and with any court of Kentucky or of West Virginia that	63
borders on the Ohio river and that has jurisdiction on the Ohio	64
river under the law of Kentucky or the law of West Virginia,	65
whichever is applicable, or under federal law.	66

(D) When an offense is committed under the laws of this	67
state, and it appears beyond a reasonable doubt that the offense	68
or any element of the offense took place either in this state or	69
in another jurisdiction or jurisdictions, but it cannot reasonably	70
be determined in which it took place, the offense or element is	71
conclusively presumed to have taken place in this state for	72
purposes of this section.	73

(E) As used in this section, "computer," "computer system,"	74
"computer network," "protected computer," "information service,"	75
"telecommunication," "telecommunications device,"	76
"telecommunications service," "data," and "writing" have the same	77
meanings as in sectionsections 2913.01 and 2913.421 of the	78
Revised Code.	79

Sec. 2901.12.  (A) The trial of a criminal case in this state	80
shall be held in a court having jurisdiction of the subject	81
matter, and in the territory of which the offense or any element	82
of the offense was committed.	83

(B) When the offense or any element of the offense was	84
committed in an aircraft, motor vehicle, train, watercraft, or	85
other vehicle, in transit, and it cannot reasonably be determined	86
in which jurisdiction the offense was committed, the offender may	87
be tried in any jurisdiction through which the aircraft, motor	88
vehicle, train, watercraft, or other vehicle passed.	89

(C) When the offense involved the unlawful taking or	90
receiving of property or the unlawful taking or enticing of	91
another, the offender may be tried in any jurisdiction from which	92
or into which the property or victim was taken, received, or	93
enticed.	94

(D) When the offense is conspiracy, attempt, or complicity	95
cognizable under division (A)(2) of section 2901.11 of the Revised	96
Code, the offender may be tried in any jurisdiction in which the	97
conspiracy, attempt, complicity, or any of its elements occurred.	98

(E) When the offense is conspiracy or attempt cognizable	99
under division (A)(3) of section 2901.11 of the Revised Code, the	100
offender may be tried in any jurisdiction in which the offense	101
that was the object of the conspiracy or attempt, or any element	102
of that offense, was intended to or could have taken place. When	103
the offense is complicity cognizable under division (A)(3) of	104
section 2901.11 of the Revised Code, the offender may be tried in	105
any jurisdiction in which the principal offender may be tried.	106

(F) When an offense is considered to have been committed in	107
this state while the offender was out of this state, and the	108
jurisdiction in this state in which the offense or any material	109
element of the offense was committed is not reasonably	110
ascertainable, the offender may be tried in any jurisdiction in	111
which the offense or element reasonably could have been committed.	112

(G) When it appears beyond a reasonable doubt that an offense	113
or any element of an offense was committed in any of two or more	114
jurisdictions, but it cannot reasonably be determined in which	115
jurisdiction the offense or element was committed, the offender	116
may be tried in any of those jurisdictions.	117

(H) When an offender, as part of a course of criminal	118
conduct, commits offenses in different jurisdictions, the offender	119
may be tried for all of those offenses in any jurisdiction in	120
which one of those offenses or any element of one of those	121
offenses occurred. Without limitation on the evidence that may be	122
used to establish the course of criminal conduct, any of the	123
following is prima-facie evidence of a course of criminal conduct:	124

(1) The offenses involved the same victim, or victims of the	125
same type or from the same group.	126

(2) The offenses were committed by the offender in the	127
offender's same employment, or capacity, or relationship to	128
another.	129

(3) The offenses were committed as part of the same	130
transaction or chain of events, or in furtherance of the same	131
purpose or objective.	132

(4) The offenses were committed in furtherance of the same	133
conspiracy.	134

(5) The offenses involved the same or a similar modus	135
operandi.	136

(6) The offenses were committed along the offender's line of	137
travel in this state, regardless of the offender's point of origin	138
or destination.	139

(I)(1) When the offense involves a computer, computer system,	140
computer network, protected computer, telecommunication,	141
telecommunications device, telecommunications service, or	142
information service, the offender may be tried in any jurisdiction	143
containing any location of the computer, computer system,	144
protected computer, or computer network of the victim of the	145
offense, in any jurisdiction from which or into which, as part of	146
the offense, any writing, data, or image is disseminated or	147
transmitted by means of a computer, computer system, computer	148
network, protected computer, telecommunication, telecommunications	149
device, telecommunications service, or information service, or in	150
any jurisdiction in which the alleged offender commits any	151
activity that is an essential part of the offense.	152

(2) As used in this section, "computer," "computer system,"	153
"protected computer," "computer network," "information service,"	154
"telecommunication," "telecommunications device,"	155
"telecommunications service," "data," and "writing" have the same	156
meanings as in sectionsections 2913.01 and 2913.421 of the	157
Revised Code.	158

(J) When the offense involves the death of a person, and it	159
cannot reasonably be determined in which jurisdiction the offense	160
was committed, the offender may be tried in the jurisdiction in	161
which the dead person's body or any part of the dead person's body	162
was found.	163

(K) Notwithstanding any other requirement for the place of	164
trial, venue may be changed, upon motion of the prosecution, the	165
defense, or the court, to any court having jurisdiction of the	166
subject matter outside the county in which trial otherwise would	167
be held, when it appears that a fair and impartial trial cannot be	168
held in the jurisdiction in which trial otherwise would be held,	169
or when it appears that trial should be held in another	170
jurisdiction for the convenience of the parties and in the	171
interests of justice.	172

Sec. 2913.421.  (A) As used in this section:

173

(1) "Advertisement" has the same meaning as in section	174
4931.55 of the Revised Code.	175

(2) "Computer," "computer network," and "computer system"	176
have the same meanings as in section 2913.01 of the Revised Code.	177

(3) "Commercial electronic mail message" means any electronic	178
mail message the primary purpose of which is the commercial	179
advertisement or promotion of a commercial product, including	180
content on an internet web site operated for a commercial purpose,	181
but does not include a transactional or relationship message. The	182
inclusion of a reference to a commercial entity or a link to the	183
web site of a commercial entity does not, by itself, cause that	184
message to be treated as a commercial mail message for the purpose	185
of this section, if the contents or circumstances of the message	186
indicate a primary purpose other than commercial advertisement or	187
of a commercial product or service.	188

(4) "Domain name" means any alphanumeric designation that is	189
registered with or assigned by any domain name registrar, domain	190
name registry, or other domain name registration authority, and	191
that is included in an electronic mail message.	192

(5) "Electronic mail," "electronic mail advertisement,"	193
"originating address," and "recipient" have the same meanings as	194
in section 2307.64 of the Revised Code.	195

(6) "Electronic mail message" means each electronic mail	196
addressed to a discrete addressee.	197

(7) "Electronic mail service provider" means any person,	198
including an internet service provider, that is an intermediary in	199
sending and receiving electronic mail and that provides to the	200
public electronic mail accounts or online user accounts from which	201
electronic mail may be sent.	202

(8) "Financial institution" has the same meaning as in	203
section 122.39 of the Revised Code.	204

(9) "Header information" means the source, destination, and	205
routing information attached to an electronic mail message,	206
including the originating domain name, the originating electronic	207
mail address, and technical information that authenticates the	208
sender of an electronic mail message for network security or	209
network management purposes.	210

(10) "Initiate the transmission," when used with respect to a	211
commercial electronic mail message, means to originate or transmit	212
that message or to procure the origination or transmission of that	213
message, regardless of whether the electronic mail message reaches	214
its intended recipients.	215

(11) "Internet" has the same meaning as in section 341.42 of	216
the Revised Code.	217

(12) "Internet protocol address" means the string of numbers	218
by which locations on the internet are identified by routers or	219
other computers connected to the internet.	220

(13) "Materially falsify" means to alter or conceal in a	221
manner that would impair the ability of a recipient of an	222
advertisement, an electronic mail service provider processing an	223
electronic mail message on behalf of a recipient, a person	224
alleging a violation of section 2913.421 of the Revised Code, or a	225
law enforcement agency to identify, locate, or respond to a person	226
that initiated an electronic mail message or to investigate an	227
alleged violation of section 2913.421 of the Revised Code.	228

(14) "Multiple" means more than ten electronic mail messages	229
during a twenty-four-hour period, more than one hundred electronic	230
mail messages during a thirty-day period, or more than one	231
thousand messages during a one-year period.	232

(15) "Protected computer" means any of the following:

233

(a) A computer exclusively for the use of state government or	234
a financial institution;	235

(b) A computer used by or for state government or a financial	236
institution when the conduct constituting the violation of	237
division (B) of this section affects that use by or for the state	238
government or financial institution;	239

(c) A computer that is used in intrastate or interstate	240
communication.	241

(16) "Routine conveyance" means the transmission, routing,	242
relaying, handling, or storing, through an automated technical	243
process, of an electronic mail message for which another person	244
has identified the recipients or provided the recipient addresses.	245

(B) No person, with regard to electronic mail advertisements	246
sent from or to a protected computer in this state, shall do any	247
of the following:	248

(1) Knowingly use a protected computer to relay or retransmit	249
multiple electronic mail advertisements, with the intent to	250
deceive or mislead recipients or any electronic mail service	251
provider, as to the origin of those advertisements;	252

(2) Knowingly and materially falsify header information in	253
multiple electronic mail advertisements and purposely initiate the	254
transmission of those advertisements;	255

(3) Knowingly register, using information that materially	256
falsifies the identity of the actual registrant, for five or more	257
electronic mail accounts or online user accounts or two or more	258
domain names and purposely initiate the transmission of multiple	259
electronic mail advertisements from one, or any combination, of	260
those accounts or domain names;	261

(4) Knowingly falsely represent the right to use five or more	262
internet protocol addresses, and purposely initiate the	263
transmission of multiple electronic mail advertisements from those	264
addresses.	265

(5) Knowingly access a protected computer without	266
authorization and purposely initiate the transmission of multiple	267
electronic mail advertisements from or through the protected	268
computer.	269

(C)(1) Whoever violates division (B)(1), (2), (3), or (4) of	270
this section is guilty of illegally transmitting multiple	271
electronic mail advertisements. Except as otherwise provided in	272
division (C)(2) or (4) of this section, illegally transmitting	273
multiple electronic mail advertisements is a felony of the fifth	274
degree.	275

(2) Illegally transmitting multiple electronic mail	276
advertisements is a felony of the fourth degree if any of the	277
following apply:	278

(a) Regarding a violation of division (B)(3) of this section,	279
the offender, using information that materially falsifies the	280
identity of the actual registrant, knowingly registers for twenty	281
or more electronic mail accounts or online user accounts or ten or	282
more domain names, and purposely initiates, or conspires to	283
initiate, the transmission of multiple electronic mail	284
advertisements from the accounts or domain names.	285

(b) Regarding any violation of division (B)(1), (2), (3), or	286
(4) of this section, the volume of electronic mail advertisements	287
the offender transmitted in committing the violation exceeds two	288
hundred and fifty during any twenty-four-hour period, two thousand	289
five hundred during any thirty-day period, or twenty-five thousand	290
during any one-year period.	291

(c) Regarding any violation of division (B)(1), (2), (3), or	292
(4) of this section, during any one-year period the aggregate loss	293
to the victim or victims of the violation is five hundred dollars	294
or more or during any one-year period the aggregate value of the	295
property or services obtained by any offender as a result of the	296
violation is five hundred dollars or more.	297

(d) Regarding any violation of division (B)(1), (2), (3), or	298
(4) of this section, the offender committed the violation with	299
three or more other persons with respect to whom the offender was	300
the organizer or leader of the activity that resulted in the	301
violation.	302

(e) Regarding any violation of division (B) of this section,	303
the offender knowingly assisted in a violation of this section	304
through the provision or selection of addresses to which the	305
message was transmitted, if that person knew that the electronic	306
mail address of the recipients was obtained using an automated	307
means from an internet web site or proprietary online service	308
operated by another person, and that web site or online service	309
included, at the time the address was obtained, a notice stating	310
that the operator of that web site or online service will not	311
transfer addresses maintained by that web site or online service	312
to any other party for the purposes of initiating, or enabling	313
others to initiate, electronic mail messages.	314

(f) Regarding any violation of division (B) of this section,	315
the offender knowingly assisted in a violation of this section	316
through the provision or selection of electronic mail addresses of	317
the recipients obtained using an automated means that generates	318
possible electronic mail addresses by combining names, letters, or	319
numbers into numerous permutations.	320

(3) Except as otherwise provided in division (C)(4) of this	321
section, whoever violates division (B)(5) of this section is	322
guilty of unauthorized access of a protected computer, a felony of	323
the fourth degree.	324

(4) Illegally transmitting multiple electronic mail	325
advertisements and unauthorized access of a protected computer in	326
violation of this section are felonies of the third degree if the	327
offender previously has been convicted of a violation of this	328
section or a violation of a law of another state or the United	329
States regarding the transmission of multiple electronic mail	330
advertisements or unauthorized access to a computer system, or if	331
the offender committed the violation of this section in the	332
furtherance of a felony.	333

(D)(1) When the attorney general, or any person engaged in	334
the business of an electronic mail service provider that is	335
injured by handling or receiving electronic mail sent in violation	336
of this section or by the use of electronic mail addresses	337
obtained from that electronic mail service provider in a manner	338
described in division (C)(2)(e) and (f) of this section, is	339
seeking relief from any person whose conduct violated this section	340
or the CAN-SPAM Act of 2003, Pub. L. No. 108-187, the attorney	341
general, or any person engaged in the business of an electronic	342
mail service provider that is injured by a violation of this	343
section, may bring a civil action in an appropriate common pleas	344
court in this state or the appropriate district court of the	345
United States that has jurisdiction for a violation of section	346
2913.421 of the Revised Code or a violation of Pub. L. No.	347
108-187, but not in both courts. The civil action brought pursuant	348
to a violation of section 2913.421 of the Revised Code may be	349
commenced at any time within one year of the date after the act	350
that is the basis of the civil action.	351

(2) In a civil action brought by the attorney general	352
pursuant to division (D)(1) of this section for a violation of	353
this section, the court may award temporary, preliminary, or	354
permanent injunctive relief. The court may also impose a civil	355
penalty against the offender in an amount not to exceed	356
twenty-five thousand dollars for each day a violation occurs, or	357
not less than two dollars but not more than eight dollars for each	358
electronic mail advertisement that is initiated in violation of	359
this section, as the court considers just.	360

(3) In any civil action brought by a person engaged in the	361
business of an electronic mail service provider pursuant to	362
division (D)(1) of this section for a violation of this section,	363
the court may award temporary, preliminary, or permanent	364
injunctive relief, and also may award damages in an amount equal	365
to the greater of the following:	366

(a) The sum of the actual damages incurred by the person	367
engaged in the business of an electronic mail service provider as	368
a result of the violation of this section, plus any receipts of	369
the offender that are attributable to the violation of this	370
section and that were not taken into account in computing actual	371
damages;	372

(b) Statutory damages in an amount not exceeding twenty-five	373
thousand dollars for each day a violation occurs, or not less than	374
two dollars but not more than eight dollars for each electronic	375
mail advertisement initiated in violation of this section;	376

(4) In assessing damages awarded under division (D)(3) of	377
this section, the court may consider whether the offender has	378
established and implemented, with due care, commercially	379
reasonable practices and procedures designed to effectively	380
prevent the violations or the violation occurred despite	381
commercially reasonable efforts to maintain the practices and	382
procedures established.	383

(E) Any equipment, software, or other technology of a person	384
who violates this section that is used or intended to be used in	385
the commission of a violation of this section, and any real or	386
personal property that constitutes or is traceable to the gross	387
proceeds obtained from the commission of a violation of this	388
section, is contraband and is subject to seizure and forfeiture	389
pursuant to sections 2933.42 and 2933.43 of the Revised Code.	390

(F) The attorney general may bring a civil action, pursuant	391
to the CAN-SPAM Act of 2003, Pub. L. No. 108-187, on behalf of the	392
residents of the state in a district court of the United States	393
that has jurisdiction for a violation of this section or a	394
violation of Pub. L. No. 108-187.	395

(G) Nothing in this section shall be construed:

396

(1) To require an electronic mail service provider to block,	397
transmit, route, relay, handle, or store certain types of	398
electronic mail messages;	399

(2) To prevent or limit, in any way, an electronic mail	400
service provider from adopting a policy regarding commercial or	401
other electronic mail, including a policy of declining to transmit	402
certain types of electronic mail messages, or from enforcing such	403
policy through technical means, through contract, or pursuant to	404
any remedy available under any other provision of federal, state,	405
or local criminal or civil law.	406

(3) To render lawful any policy that is unlawful under any	407
other provision of law.	408

Sec. 2923.01.  (A) No person, with purpose to commit or to	409
promote or facilitate the commission of aggravated murder, murder,	410
kidnapping, compelling prostitution, promoting prostitution,	411
aggravated arson, arson, aggravated robbery, robbery, aggravated	412
burglary, burglary, engaging in a pattern of corrupt activity,	413
corrupting another with drugs, a felony drug trafficking,	414
manufacturing, processing, or possession offense, theft of drugs,	415
or illegal processing of drug documents, the commission of a	416
felony offense of unauthorized use of a vehicle, illegally	417
transmitting multiple electronic mail advertisements in violation	418
of section 2923.421 of the Revised Code, or the commission of a	419
violation of any provision of Chapter 3734. of the Revised Code,	420
other than section 3734.18 of the Revised Code, that relates to	421
hazardous wastes, shall do either of the following:	422

(1) With another person or persons, plan or aid in planning	423
the commission of any of the specified offenses;	424

(2) Agree with another person or persons that one or more of	425
them will engage in conduct that facilitates the commission of any	426
of the specified offenses.	427

(B) No person shall be convicted of conspiracy unless a	428
substantial overt act in furtherance of the conspiracy is alleged	429
and proved to have been done by the accused or a person with whom	430
the accused conspired, subsequent to the accused's entrance into	431
the conspiracy. For purposes of this section, an overt act is	432
substantial when it is of a character that manifests a purpose on	433
the part of the actor that the object of the conspiracy should be	434
completed.	435

(C) When the offender knows or has reasonable cause to	436
believe that a person with whom the offender conspires also has	437
conspired or is conspiring with another to commit the same	438
offense, the offender is guilty of conspiring with that other	439
person, even though the other person's identity may be unknown to	440
the offender.	441

(D) It is no defense to a charge under this section that, in	442
retrospect, commission of the offense that was the object of the	443
conspiracy was impossible under the circumstances.	444

(E) A conspiracy terminates when the offense or offenses that	445
are its objects are committed or when it is abandoned by all	446
conspirators. In the absence of abandonment, it is no defense to a	447
charge under this section that no offense that was the object of	448
the conspiracy was committed.	449

(F) A person who conspires to commit more than one offense is	450
guilty of only one conspiracy, when the offenses are the object of	451
the same agreement or continuous conspiratorial relationship.	452

(G) When a person is convicted of committing or attempting to	453
commit a specific offense or of complicity in the commission of or	454
attempt to commit the specific offense, the person shall not be	455
convicted of conspiracy involving the same offense.	456

(H)(1) No person shall be convicted of conspiracy upon the	457
testimony of a person with whom the defendant conspired,	458
unsupported by other evidence.	459

(2) If a person with whom the defendant allegedly has	460
conspired testifies against the defendant in a case in which the	461
defendant is charged with conspiracy and if the testimony is	462
supported by other evidence, the court, when it charges the jury,	463
shall state substantially the following:	464

"The testimony of an accomplice that is supported by other	465
evidence does not become inadmissible because of the accomplice's	466
complicity, moral turpitude, or self-interest, but the admitted or	467
claimed complicity of a witness may affect the witness'	468
credibility and make the witness' testimony subject to grave	469
suspicion, and require that it be weighed with great caution.	470

It is for you, as jurors, in the light of all the facts	471
presented to you from the witness stand, to evaluate such	472
testimony and to determine its quality and worth or its lack of	473
quality and worth."	474

(3) "Conspiracy," as used in division (H)(1) of this section,	475
does not include any conspiracy that results in an attempt to	476
commit an offense or in the commission of an offense.	477

(I) The following are affirmative defenses to a charge of	478
conspiracy:	479

(1) After conspiring to commit an offense, the actor thwarted	480
the success of the conspiracy under circumstances manifesting a	481
complete and voluntary renunciation of the actor's criminal	482
purpose.	483

(2) After conspiring to commit an offense, the actor	484
abandoned the conspiracy prior to the commission of or attempt to	485
commit any offense that was the object of the conspiracy, either	486
by advising all other conspirators of the actor's abandonment, or	487
by informing any law enforcement authority of the existence of the	488
conspiracy and of the actor's participation in the conspiracy.	489

(J) Whoever violates this section is guilty of conspiracy,	490
which is one of the following:	491

(1) A felony of the first degree, when one of the objects of	492
the conspiracy is aggravated murder, murder, or an offense for	493
which the maximum penalty is imprisonment for life;	494

(2) A felony of the next lesser degree than the most serious	495
offense that is the object of the conspiracy, when the most	496
serious offense that is the object of the conspiracy is a felony	497
of the first, second, third, or fourth degree;	498

(3) A felony punishable by a fine of not more than	499
twenty-five thousand dollars or imprisonment for not more than	500
eighteen months, or both, when the offense that is the object of	501
the conspiracy is a violation of any provision of Chapter 3734. of	502
the Revised Code, other than section 3734.18 of the Revised Code,	503
that relates to hazardous wastes;	504

(4) A misdemeanor of the first degree, when the most serious	505
offense that is the object of the conspiracy is a felony of the	506
fifth degree.	507

(K) This section does not define a separate conspiracy	508
offense or penalty where conspiracy is defined as an offense by	509
one or more sections of the Revised Code, other than this section.	510
In such a case, however:	511

(1) With respect to the offense specified as the object of	512
the conspiracy in the other section or sections, division (A) of	513
this section defines the voluntary act or acts and culpable mental	514
state necessary to constitute the conspiracy;	515

(2) Divisions (B) to (I) of this section are incorporated by	516
reference in the conspiracy offense defined by the other section	517
or sections of the Revised Code.	518

(L)(1) In addition to the penalties that otherwise are	519
imposed for conspiracy, a person who is found guilty of conspiracy	520
to engage in a pattern of corrupt activity is subject to divisions	521
(B)(2), (3), (4), and (5) of section 2923.32 of the Revised Code.	522

(2) If a person is convicted of or pleads guilty to	523
conspiracy and if the most serious offense that is the object of	524
the conspiracy is a felony drug trafficking, manufacturing,	525
processing, or possession offense, in addition to the penalties or	526
sanctions that may be imposed for the conspiracy under division	527
(J)(2) or (4) of this section and Chapter 2929. of the Revised	528
Code, both of the following apply:	529

(a) The provisions of divisions (D), (F), and (G) of section	530
2925.03, division (D) of section 2925.04, division (D) of section	531
2925.05, division (D) of section 2925.06, and division (E) of	532
section 2925.11 of the Revised Code that pertain to mandatory and	533
additional fines, driver's or commercial driver's license or	534
permit suspensions, and professionally licensed persons and that	535
would apply under the appropriate provisions of those divisions to	536
a person who is convicted of or pleads guilty to the felony drug	537
trafficking, manufacturing, processing, or possession offense that	538
is the most serious offense that is the basis of the conspiracy	539
shall apply to the person who is convicted of or pleads guilty to	540
the conspiracy as if the person had been convicted of or pleaded	541
guilty to the felony drug trafficking, manufacturing, processing,	542
or possession offense that is the most serious offense that is the	543
basis of the conspiracy.	544

(b) The court that imposes sentence upon the person who is	545
convicted of or pleads guilty to the conspiracy shall comply with	546
the provisions identified as being applicable under division	547
(L)(2) of this section, in addition to any other penalty or	548
sanction that it imposes for the conspiracy under division (J)(2)	549
or (4) of this section and Chapter 2929. of the Revised Code.	550

(M) As used in this section:

551

(1) "Felony drug trafficking, manufacturing, processing, or	552
possession offense" means any of the following that is a felony:	553

(a) A violation of section 2925.03, 2925.04, 2925.05, or	554
2925.06 of the Revised Code;	555

(b) A violation of section 2925.11 of the Revised Code that	556
is not a minor drug possession offense.	557

(2) "Minor drug possession offense" has the same meaning as	558
in section 2925.01 of the Revised Code.	559

Section 2. That existing sections 2901.11, 2901.12, and	560
2923.01 of the Revised Code are hereby repealed.	561