(A) "Deception" means knowingly deceiving another or
causing | 8 |
another to be deceived by any false or misleading
representation, | 9 |
by withholding information, by preventing another
from acquiring | 10 |
information, or by any other conduct, act, or
omission that | 11 |
creates, confirms, or perpetuates a false
impression in another, | 12 |
including a false impression as to law,
value, state of mind, or | 13 |
other objective or subjective fact. | 14 |
(D) "Owner" means, unless the context requires a different | 29 |
meaning, any person, other than the actor, who is
the owner of, | 30 |
who has possession or control of, or who has
any license
or | 31 |
interest in property or services, even though the ownership, | 32 |
possession, control, license, or interest is unlawful. | 33 |
(E) "Services" include labor, personal services,
professional | 34 |
services, public utility services, common carrier
services, and | 35 |
food, drink, transportation, entertainment, and
cable television | 36 |
services
and, for purposes of section 2913.04 of
the Revised Code, | 37 |
include cable services as defined in that
section. | 38 |
(F) "Writing" means any computer software, document,
letter, | 39 |
memorandum, note, paper, plate, data, film, or other
thing having | 40 |
in or upon it any written, typewritten, or printed
matter, and any | 41 |
token, stamp, seal, credit card,
badge, trademark, label, or other | 42 |
symbol of value, right,
privilege, license, or identification. | 43 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 62 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 63 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32, | 64 |
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 65 |
2913.47, former section
2913.47 or 2913.48, or section 2913.51, | 66 |
2915.05,
or 2921.41 of the Revised Code; | 67 |
(3) An offense under an existing or former municipal | 73 |
ordinance or law of this or any other state, or of the United | 74 |
States, involving robbery, burglary, breaking and entering,
theft, | 75 |
embezzlement, wrongful conversion, forgery,
counterfeiting, | 76 |
deceit, or fraud; | 77 |
(M) "Computer" means an electronic device that performs | 85 |
logical, arithmetic, and memory functions by the manipulation of | 86 |
electronic or magnetic impulses. "Computer" includes, but is not | 87 |
limited to, all input, output, processing, storage, computer | 88 |
program, or communication facilities that are connected, or | 89 |
related, in a computer system or network to an electronic
device | 90 |
of that nature. | 91 |
(N) "Computer system" means a computer and related
devices, | 92 |
whether connected or unconnected, including, but not
limited to, | 93 |
data input, output, and storage devices, data
communications | 94 |
links, and computer programs and data that make
the system capable | 95 |
of performing specified special purpose data
processing tasks. | 96 |
(R) "Data" means a representation of information,
knowledge, | 108 |
facts, concepts, or instructions that are being or
have been | 109 |
prepared in a formalized manner and that are intended
for use in a | 110 |
computer, computer system, or computer
network. For
purposes
of | 111 |
section 2913.47 of the Revised Code, "data" has the additional | 112 |
meaning set forth in division (A) of that section. | 113 |
(T) "Gain access" means to approach, instruct, communicate | 120 |
with, store data in, retrieve data from, or otherwise make use of | 121 |
any resources of a computer, computer system, or computer
network, | 122 |
or any cable service or cable system both as defined in section | 123 |
2913.04 of the Revised Code. | 124 |
(U) "Credit card" includes, but is not limited to, a card, | 125 |
code, device, or other means of access to a customer's account
for | 126 |
the purpose of obtaining money, property, labor, or services
on | 127 |
credit, or for initiating an electronic fund transfer at a | 128 |
point-of-sale terminal, an automated teller machine, or a cash | 129 |
dispensing machine. It also includes a county procurement card | 130 |
issued under section 301.29 of the Revised Code. | 131 |
(X) "Telecommunication" means the origination,
emission, | 141 |
dissemination, transmission, or reception of data, images, | 142 |
signals,
sounds, or other intelligence or equivalence of | 143 |
intelligence of
any nature over any communications system by any | 144 |
method,
including, but not limited to, a fiber optic, electronic, | 145 |
magnetic, optical, digital, or analog method. | 146 |
(Y) "Telecommunications
device" means any instrument, | 147 |
equipment, machine, or other
device that facilitates | 148 |
telecommunication, including, but not
limited to, a computer, | 149 |
computer network, computer chip, computer
circuit, scanner, | 150 |
telephone, cellular telephone, pager, personal
communications | 151 |
device, transponder, receiver, radio, modem, or
device that | 152 |
enables the use of a modem. | 153 |
(AA) "Counterfeit
telecommunications device" means a | 158 |
telecommunications device that,
alone or with another | 159 |
telecommunications device, has been altered,
constructed, | 160 |
manufactured, or programmed to acquire, intercept, receive, or | 161 |
otherwise facilitate the use of a telecommunications service or | 162 |
information
service without the
authority or consent of the | 163 |
provider of the telecommunications
service or information service. | 164 |
"Counterfeit telecommunications device"
includes, but
is not | 165 |
limited to, a clone telephone, clone microchip, tumbler
telephone, | 166 |
or tumbler microchip; a wireless scanning device
capable of | 167 |
acquiring, intercepting, receiving, or otherwise
facilitating the | 168 |
use of telecommunications service or information service
without | 169 |
immediate detection; or a device, equipment, hardware, or software | 170 |
designed for, or capable of, altering or changing the electronic | 171 |
serial number
in a wireless telephone. | 172 |
(BB)(1) "Information
service" means, subject to division | 173 |
(BB)(2) of this section, the
offering of a capability for | 174 |
generating, acquiring, storing,
transforming, processing, | 175 |
retrieving, utilizing, or making
available information via | 176 |
telecommunications, including, but not
limited to, electronic | 177 |
publishing. | 178 |
(DD) "Disabled adult" means a person who is eighteen years
of | 185 |
age
or older
and has some impairment of body or mind that makes | 186 |
the person unfit to work
at any substantially remunerative | 187 |
employment that the person
otherwise would be able to perform and | 188 |
that will, with reasonable
probability, continue for a period of | 189 |
at least twelve months
without any present indication of recovery | 190 |
from the impairment, or who is
eighteen years of age or older and | 191 |
has been certified as permanently and
totally disabled by an | 192 |
agency
of this state or the United States that has the function of | 193 |
so classifying persons. | 194 |
(2) Except as otherwise
provided in this division or
division | 222 |
(B)(3), (4), (5), or (6), or (7) of
this section, a violation of | 223 |
this section is petty theft, a
misdemeanor of the first degree.
If | 224 |
the value of the property or
services stolen is five hundred | 225 |
dollars or more and is less than
five thousand dollars or if the | 226 |
property stolen is any of the
property listed in section 2913.71 | 227 |
of the Revised Code, a
violation of this section is theft, a | 228 |
felony of the fifth
degree. If the value of the property or | 229 |
services stolen is five
thousand dollars or more and is less than | 230 |
one hundred thousand
dollars, a violation of this
section is grand | 231 |
theft, a felony of the fourth degree. If the value of the
property | 232 |
or
services stolen is one hundred thousand dollars or
more and is | 233 |
less than five hundred thousand dollars, a
violation of this | 234 |
section is aggravated theft, a felony of
the
third degree.
If the | 235 |
value of the property or services is five hundred thousand dollars | 236 |
or more and is less than one million dollars, a violation of this | 237 |
section is aggravated theft, a felony of the second degree. If the | 238 |
value of the property or services
stolen is one million dollars or | 239 |
more, a violation of this section
is aggravated theft of one | 240 |
million dollars or more, a felony of
the first degree. | 241 |
(3) Except as otherwise provided in division (B)(4),
(5), or | 242 |
(6), or (7)
of this section, if the victim of the offense is an | 243 |
elderly
person or
disabled adult, a violation
of this section is | 244 |
theft
from an elderly person or disabled adult, and
division | 245 |
(B)(3) of
this section applies. Except as
otherwise provided in | 246 |
this
division, theft from an elderly person or disabled
adult is a | 247 |
felony of the fifth degree. If the value of the property or | 248 |
services stolen is five hundred dollars or more and is less than | 249 |
five thousand dollars, theft from an elderly person or disabled | 250 |
adult is a felony of the fourth degree. If the value of the | 251 |
property or services stolen is five thousand dollars or more and | 252 |
is less than twenty-five thousand dollars, theft from an elderly | 253 |
person or disabled adult is a felony of the third degree. If the | 254 |
value of the property or services stolen is twenty-five thousand | 255 |
dollars or more and is less than one hundred thousand dollars, | 256 |
theft from an elderly person or disabled adult is
a felony of the | 257 |
second degree. If the value of the property or services stolen is | 258 |
one hundred thousand dollars or more, theft from an elderly person | 259 |
or disabled adult is a felony of the first degree. | 260 |
(b) If the offender's driver's license, probationary
driver's | 290 |
license, commercial driver's license, temporary
instruction | 291 |
permit, or nonresident operating privilege has
previously been | 292 |
suspended pursuant to division (B)(7)(8)(a) of this
section, | 293 |
impose a class seven suspension of the offender's license, permit, | 294 |
or privilege from the range specified in division (A)(7) of | 295 |
section 4510.02 of the Revised Code, provided that the suspension | 296 |
shall be for at least six months. | 297 |
Section 3. Section 2913.02 of the Revised Code is presented | 305 |
in
this act as a composite of the section as amended by Am. Sub. | 306 |
H.B. 7, Am. Sub. H.B. 12, and Sub. H.B. 179 of
the 125th General | 307 |
Assembly. The General Assembly, applying the
principle stated in | 308 |
division (B) of section 1.52 of the Revised
Code that amendments | 309 |
are to be harmonized if reasonably capable of
simultaneous | 310 |
operation, finds that the composite is the resulting
version of | 311 |
the section in effect prior to the effective date of
the section | 312 |
as presented in this act. | 313 |