SENATORS Austria, Harris, Randy Gardner, Schuring, Goodman, Robert Gardner, Jacobson

To amend sections 2901.04, 2909.01, 2909.04, 2909.07,

1

2913.01, and 2913.04 of the Revised Code to expand

2

"disrupting public services" to specifically

3

prohibit the use of a computer, another specified

4

type of device or the Internet so as to disrupt,

5

interrupt, or impair any police, fire,

6

educational, commercial, or governmental function;

7

to expand "criminal mischief" to specifically

8

include certain conduct related to computer

9

hacking or the introduction of a computer

10

contaminant; to increase the penalty for

11

"unauthorized use of computer, cable, or

12

telecommunication property" when committed under

13

certain specified circumstances and when the value

14

of the involved property, services, or victim's

15

loss is at least $10,000; to specifically include

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"computer hacking" within the scope of "criminal

17

mischief" and "unauthorized use of computer,

18

cable, or telecommunication property;" and to

19

provide a rule for interpreting statutory

20

references that define or specify a criminal

21

offense.

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

Section 1. That sections 2901.04, 2909.01, 2909.04, 2909.07,	23
2913.01, and 2913.04 of the Revised Code be amended to read as	24
follows:	25

Sec. 2901.04.  (A) Except as otherwise provided in division	26
(C) or (D) of this section, sections of the Revised Code defining	27
offenses or penalties shall be strictly construed against the	28
state, and liberally construed in favor of the accused.	29

(B) Rules of criminal procedure and sections of the Revised	30
Code providing for criminal procedure shall be construed so as to	31
effect the fair, impartial, speedy, and sure administration of	32
justice.	33

(C) Any provision of a section of the Revised Code that	34
refers to a previous conviction of or plea of guilty to a	35
violation of a section of the Revised Code or of a division of a	36
section of the Revised Code shall be construed to also refer to a	37
previous conviction of or plea of guilty to a substantially	38
equivalent offense under an existing or former law of this state,	39
another state, or the United States or under an existing or former	40
municipal ordinance.	41

(D) Any provision of the Revised Code that refers to a	42
section, or to a division of a section, of the Revised Code that	43
defines or specifies a criminal offense shall be construed to also	44
refer to an existing or former law of this state, another state,	45
or the United States, to an existing or former municipal	46
ordinance, or to an existing or former division of any such	47
existing or former law or ordinance that defines or specifies, or	48
that defined or specified, a substantially equivalent offense.	49

Sec. 2909.01.  As used in sections 2909.01 to 2909.07 of the	50
Revised Code:	51

(A) To "create a substantial risk of serious physical harm to	52
any person" includes the creation of a substantial risk of serious	53
physical harm to any emergency personnel.	54

(B) "Emergency personnel" means any of the following persons:

55

(1) A peace officer, as defined in section 2935.01 of the	56
Revised Code;	57

(2) A member of a fire department or other firefighting	58
agency of a municipal corporation, township, township fire	59
district, joint fire district, other political subdivision, or	60
combination of political subdivisions;	61

(3) A member of a private fire company, as defined in section	62
9.60 of the Revised Code, or a volunteer firefighter;	63

(4) A member of a joint ambulance district or joint emergency	64
medical services district;	65

(5) An emergency medical technician-basic, emergency medical	66
technician-intermediate, emergency medical technician-paramedic,	67
ambulance operator, or other member of an emergency medical	68
service that is owned or operated by a political subdivision or a	69
private entity;	70

(6) The state fire marshal, the chief deputy state fire	71
marshal, or an assistant state fire marshal;	72

(7) A fire prevention officer of a political subdivision or	73
an arson, fire, or similar investigator of a political	74
subdivision.	75

(C) "Occupied structure" means any house, building,	76
outbuilding, watercraft, aircraft, railroad car, truck, trailer,	77
tent, or other structure, vehicle, or shelter, or any portion	78
thereof, to which any of the following applies:	79

(1) It is maintained as a permanent or temporary dwelling,	80
even though it is temporarily unoccupied and whether or not any	81
person is actually present.	82

(2) At the time, it is occupied as the permanent or temporary	83
habitation of any person, whether or not any person is actually	84
present.	85

(3) At the time, it is specially adapted for the overnight	86
accommodation of any person, whether or not any person is actually	87
present.	88

(4) At the time, any person is present or likely to be	89
present in it.	90

(D) "Political subdivision" and "state" have the same	91
meanings as in section 2744.01 of the Revised Code.	92

(E) "Computer," "computer hacking," "computer network,"	93
"computer program," "computer software," "computer system,"	94
"data," and "telecommunications device" have the same meanings as	95
in section 2913.01 of the Revised Code.	96

(F) "Computer contaminant" means a computer program designed	97
to modify, damage, destroy, disable, deny or degrade access to,	98
allow unauthorized access to, functionally impair, record, or	99
transmit information within a computer, computer system, or	100
computer network without the express or implied consent of the	101
owner. "Computer contaminant" includes, but is not limited to, any	102
of the following:	103

(1) A group of computer programs commonly known as "viruses"	104
and "worms" that are self-replicating or self-propagating and that	105
are designed to contaminate other computer programs, compromise	106
computer security, consume computer resources, modify, destroy,	107
record, or transmit data, or disrupt the normal operation of the	108
computer, computer system, or computer network;	109

(2) A group of computer programs commonly known as "Trojans"	110
or "Trojan horses" that are not self-replicating or	111
self-propagating and that are designed to compromise computer	112
security, consume computer resources, modify, destroy, record, or	113
transmit data, or disrupt the normal operation of the computer,	114
computer system, or computer network;	115

(3) A group of computer programs commonly known as "zombies"	116
that are designed to use a computer without the knowledge and	117
consent of the appropriate principal and that are designed to send	118
large quantities of data to a targeted computer network for the	119
purpose of degrading the targeted computer's or network's	120
performance, or denying access through the network to the targeted	121
computer or network, resulting in what is commonly know as "Denial	122
of Service" or "Distributed Denial of Service" attacks;	123

(4) A group of computer programs commonly know as "trap	124
doors," "back doors," or "root kits" that are designed to bypass	125
standard authentication software and that are designed to allow	126
access to or use of a computer without the knowledge or consent of	127
the appropriate principal.	128

(G) "Internet" has the same meaning as in section 341.42 of	129
the Revised Code.	130

Sec. 2909.04.  (A) No person, purposely by any means or	131
knowingly by damaging or tampering with any property, shall do any	132
of the following:	133

(1) Interrupt or impair television, radio, telephone,	134
telegraph, or other mass communications service; police, fire, or	135
other public service communications; radar, loran, radio, or other	136
electronic aids to air or marine navigation or communications; or	137
amateur or citizens band radio communications being used for	138
public service or emergency communications;	139

(2) Interrupt or impair public transportation, including	140
without limitation school bus transportation, or water supply,	141
gas, power, or other utility service to the public;	142

(3) Substantially impair the ability of law enforcement	143
officers, firefighters, rescue personnel, emergency medical	144
services personnel, or emergency facility personnel to respond to	145
an emergency or to protect and preserve any person or property	146
from serious physical harm.	147

(B) No person shall knowingly use any computer, computer	148
system, computer network, telecommunications device, or other	149
electronic device or system or the internet so as to disrupt,	150
interrupt, or impair the functions of any police, fire,	151
educational, commercial, or governmental operations within this	152
state.	153

(C) Whoever violates this section is guilty of disrupting	154
public services, a felony of the fourth degree.	155

(C)(D) As used in this section:

156

(1) "Emergency medical services personnel" has the same	157
meaning as in section 2133.21 of the Revised Code.	158

(2) "Emergency facility personnel" means any of the	159
following:	160

(a) Any of the following individuals who perform services in	161
the ordinary course of their professions in an emergency facility:	162

(i) Physicians authorized under Chapter 4731. of the Revised	163
Code to practice medicine and surgery or osteopathic medicine and	164
surgery;	165

(ii) Registered nurses and licensed practical nurses licensed	166
under Chapter 4723. of the Revised Code;	167

(iii) Physician assistants authorized to practice under	168
Chapter 4730. of the Revised Code;	169

(iv) Health care workers;

170

(v) Clerical staffs.

171

(b) Any individual who is a security officer performing	172
security services in an emergency facility;	173

(c) Any individual who is present in an emergency facility,	174
who was summoned to the facility by an individual identified in	175
division (C)(D)(2)(a) or (b) of this section.	176

(3) "Emergency facility" means a hospital emergency	177
department or any other facility that provides emergency medical	178
services.	179

(4) "Hospital" has the same meaning as in section 3727.01 of	180
the Revised Code.	181

(5) "Health care worker" means an individual, other than an	182
individual specified in division (C)(D)(2)(a), (b), or (c) of this	183
section, who provides medical or other health-related care or	184
treatment in an emergency facility, including medical technicians,	185
medical assistants, orderlies, aides, or individuals acting in	186
similar capacities.	187

Sec. 2909.07.  (A) No person shall:

188

(1) Without privilege to do so, knowingly move, deface,	189
damage, destroy, or otherwise improperly tamper with the property	190
of another;	191

(2) With purpose to interfere with the use or enjoyment of	192
property of another, employ a tear gas device, stink bomb, smoke	193
generator, or other device releasing a substance that is harmful	194
or offensive to persons exposed or that tends to cause public	195
alarm;	196

(3) Without privilege to do so, knowingly move, deface,	197
damage, destroy, or otherwise improperly tamper with a bench mark,	198
triangulation station, boundary marker, or other survey station,	199
monument, or marker;	200

(4) Without privilege to do so, knowingly move, deface,	201
damage, destroy, or otherwise improperly tamper with any safety	202
device, the property of another, or the property of the offender	203
when required or placed for the safety of others, so as to destroy	204
or diminish its effectiveness or availability for its intended	205
purpose;	206

(5) With purpose to interfere with the use or enjoyment of	207
the property of another, set a fire on the land of another or	208
place personal property that has been set on fire on the land of	209
another, which fire or personal property is outside and apart from	210
any building, other structure, or personal property that is on	211
that land;	212

(6) Without privilege to do so, knowingly do any of the	213
following:	214

(a) In any manner or by any means, including, but not limited	215
to, computer hacking, alter, damage, destroy, or modify a	216
computer, computer system, computer network, computer software, or	217
computer program or data contained in a computer, computer system,	218
computer network, computer software, or computer program;	219

(b) Introduce a computer contaminant into a computer,	220
computer system, computer network, computer software, or computer	221
program.	222

(B) As used in this section, "safety device" means any fire	223
extinguisher, fire hose, or fire axe, or any fire escape,	224
emergency exit, or emergency escape equipment, or any life line,	225
life-saving ring, life preserver, or life boat or raft, or any	226
alarm, light, flare, signal, sign, or notice intended to warn of	227
danger or emergency, or intended for other safety purposes, or any	228
guard railing or safety barricade, or any traffic sign or signal,	229
or any railroad grade crossing sign, signal, or gate, or any first	230
aid or survival equipment, or any other device, apparatus, or	231
equipment intended for protecting or preserving the safety of	232
persons or property.	233

(C)(1) Whoever violates division (A) or (B) of this section	234
is guilty of criminal mischief, and shall be punished as provided	235
in division (C)(2) or (3) of this section.	236

(2) Except as otherwise provided in this division, criminal	237
mischief committed in violation of division (A)(1), (2), (3), (4),	238
or (5) of this section is a misdemeanor of the third degree. If	239
Except as otherwise provided in this division, if the violation of	240
division (A)(1), (2), (3), (4), or (5) of this section creates a	241
risk of physical harm to any person, criminal mischief committed	242
in violation of division (A)(1), (2), (3), (4), or (5) of this	243
section is a misdemeanor of the first degree. If the property	244
involved in the violation of division (A)(1), (2), (3), (4), or	245
(5) of this section is an aircraft, an aircraft engine, propeller,	246
appliance, spare part, fuel, lubricant, hydraulic fluid, any other	247
equipment, implement, or material used or intended to be used in	248
the operation of an aircraft, or any cargo carried or intended to	249
be carried in an aircraft and if, criminal mischief committed in	250
violation of division (A)(1), (2), (3), (4), or (5) of this	251
section is one of the following:	252

(a) If the violation creates a risk of physical harm to any	253
person, criminal mischiefexcept as otherwise provided in division	254
(C)(2)(b) of this section, criminal mischief committed in	255
violation of division (A)(1), (2), (3), (4), or (5) of this	256
section is a felony of the fifth degree. If the property involved	257
in violation of this section is an aircraft, an aircraft engine,	258
propeller, appliance, spare part, fuel, lubricant, hydraulic	259
fluid, any other equipment, implement, or material used or	260
intended to be used in the operation of an aircraft, or any cargo	261
carried or intended to be carried in an aircraft and if	262

(b) If the violation creates a substantial risk of physical	263
harm to any person or if the property involved in a violation of	264
this section is an occupied aircraft, criminal mischief committed	265
in violation of division (A)(1), (2), (3), (4), or (5) of this	266
section is a felony of the fourth degree.	267

(3) Except as otherwise provided in this division, criminal	268
mischief committed in violation of division (A)(6) of this section	269
is a misdemeanor of the first degree. Except as otherwise provided	270
in this division, if the value of the computer, computer system,	271
computer network, computer software, computer program, or data	272
involved in the violation of division (A)(6) of this section or	273
the loss to the victim resulting from the violation is one	274
thousand dollars or more and less than ten thousand dollars, or if	275
the computer, computer system, computer network, computer	276
software, computer program, or data involved in the violation of	277
division (A)(6) of this section is used or intended to be used in	278
the operation of an aircraft and the violation creates a risk of	279
physical harm to any person, criminal mischief committed in	280
violation of division (A)(6) of this section is a felony of the	281
fifth degree. If the value of the computer, computer system,	282
computer network, computer software, computer program, or data	283
involved in the violation of division (A)(6) of this section or	284
the loss to the victim resulting from the violation is ten	285
thousand dollars or more, or if the computer, computer system,	286
computer network, computer software, computer program, or data	287
involved in the violation of division (A)(6) of this section is	288
used or intended to be used in the operation of an aircraft and	289
the violation creates a substantial risk of physical harm to any	290
person or the aircraft in question is an occupied aircraft,	291
criminal mischief committed in violation of division (A)(6) of	292
this section is a felony of the fourth degree.	293

Sec. 2913.01.  As used in this chapter, unless the context	294
requires that a term be given a different meaning:	295

(A) "Deception" means knowingly deceiving another or causing	296
another to be deceived by any false or misleading representation,	297
by withholding information, by preventing another from acquiring	298
information, or by any other conduct, act, or omission that	299
creates, confirms, or perpetuates a false impression in another,	300
including a false impression as to law, value, state of mind, or	301
other objective or subjective fact.	302

(B) "Defraud" means to knowingly obtain, by deception, some	303
benefit for oneself or another, or to knowingly cause, by	304
deception, some detriment to another.	305

(C) "Deprive" means to do any of the following:

306

(1) Withhold property of another permanently, or for a period	307
that appropriates a substantial portion of its value or use, or	308
with purpose to restore it only upon payment of a reward or other	309
consideration;	310

(2) Dispose of property so as to make it unlikely that the	311
owner will recover it;	312

(3) Accept, use, or appropriate money, property, or services,	313
with purpose not to give proper consideration in return for the	314
money, property, or services, and without reasonable justification	315
or excuse for not giving proper consideration.	316

(D) "Owner" means, unless the context requires a different	317
meaning, any person, other than the actor, who is the owner of,	318
who has possession or control of, or who has any license or	319
interest in property or services, even though the ownership,	320
possession, control, license, or interest is unlawful.	321

(E) "Services" include labor, personal services, professional	322
services, public utility services, common carrier services, and	323
food, drink, transportation, entertainment, and cable television	324
services and, for purposes of section 2913.04 of the Revised Code,	325
include cable services as defined in that section.	326

(F) "Writing" means any computer software, document, letter,	327
memorandum, note, paper, plate, data, film, or other thing having	328
in or upon it any written, typewritten, or printed matter, and any	329
token, stamp, seal, credit card, badge, trademark, label, or other	330
symbol of value, right, privilege, license, or identification.	331

(G) "Forge" means to fabricate or create, in whole or in part	332
and by any means, any spurious writing, or to make, execute,	333
alter, complete, reproduce, or otherwise purport to authenticate	334
any writing, when the writing in fact is not authenticated by that	335
conduct.	336

(H) "Utter" means to issue, publish, transfer, use, put or	337
send into circulation, deliver, or display.	338

(I) "Coin machine" means any mechanical or electronic device	339
designed to do both of the following:	340

(1) Receive a coin, bill, or token made for that purpose;

341

(2) In return for the insertion or deposit of a coin, bill,	342
or token, automatically dispense property, provide a service, or	343
grant a license.	344

(J) "Slug" means an object that, by virtue of its size,	345
shape, composition, or other quality, is capable of being inserted	346
or deposited in a coin machine as an improper substitute for a	347
genuine coin, bill, or token made for that purpose.	348

(K) "Theft offense" means any of the following:

349

(1) A violation of section 2911.01, 2911.02, 2911.11,	350
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	351
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	352
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	353
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	354
2915.05, or 2921.41 of the Revised Code;	355

(2) A violation of an existing or former municipal ordinance	356
or law of this or any other state, or of the United States,	357
substantially equivalent to any section listed in division (K)(1)	358
of this section or a violation of section 2913.41, 2913.81, or	359
2915.06 of the Revised Code as it existed prior to July 1, 1996;	360

(3) An offense under an existing or former municipal	361
ordinance or law of this or any other state, or of the United	362
States, involving robbery, burglary, breaking and entering, theft,	363
embezzlement, wrongful conversion, forgery, counterfeiting,	364
deceit, or fraud;	365

(4) A conspiracy or attempt to commit, or complicity in	366
committing, any offense under division (K)(1), (2), or (3) of this	367
section.	368

(L) "Computer services" includes, but is not limited to, the	369
use of a computer system, computer network, computer program, data	370
that is prepared for computer use, or data that is contained	371
within a computer system or computer network.	372

(M) "Computer" means an electronic device that performs	373
logical, arithmetic, and memory functions by the manipulation of	374
electronic or magnetic impulses. "Computer" includes, but is not	375
limited to, all input, output, processing, storage, computer	376
program, or communication facilities that are connected, or	377
related, in a computer system or network to an electronic device	378
of that nature.	379

(N) "Computer system" means a computer and related devices,	380
whether connected or unconnected, including, but not limited to,	381
data input, output, and storage devices, data communications	382
links, and computer programs and data that make the system capable	383
of performing specified special purpose data processing tasks.	384

(O) "Computer network" means a set of related and remotely	385
connected computers and communication facilities that includes	386
more than one computer system that has the capability to transmit	387
among the connected computers and communication facilities through	388
the use of computer facilities.	389

(P) "Computer program" means an ordered set of data	390
representing coded instructions or statements that, when executed	391
by a computer, cause the computer to process data.	392

(Q) "Computer software" means computer programs, procedures,	393
and other documentation associated with the operation of a	394
computer system.	395

(R) "Data" means a representation of information, knowledge,	396
facts, concepts, or instructions that are being or have been	397
prepared in a formalized manner and that are intended for use in a	398
computer, computer system, or computer network. For purposes of	399
section 2913.47 of the Revised Code, "data" has the additional	400
meaning set forth in division (A) of that section.	401

(S) "Cable television service" means any services provided by	402
or through the facilities of any cable television system or other	403
similar closed circuit coaxial cable communications system, or any	404
microwave or similar transmission service used in connection with	405
any cable television system or other similar closed circuit	406
coaxial cable communications system.	407

(T) "Gain access" means to approach, instruct, communicate	408
with, store data in, retrieve data from, or otherwise make use of	409
any resources of a computer, computer system, or computer network,	410
or any cable service or cable system both as defined in section	411
2913.04 of the Revised Code.	412

(U) "Credit card" includes, but is not limited to, a card,	413
code, device, or other means of access to a customer's account for	414
the purpose of obtaining money, property, labor, or services on	415
credit, or for initiating an electronic fund transfer at a	416
point-of-sale terminal, an automated teller machine, or a cash	417
dispensing machine.	418

(V) "Electronic fund transfer" has the same meaning as in 92	419
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	420

(W) "Rented property" means personal property in which the	421
right of possession and use of the property is for a short and	422
possibly indeterminate term in return for consideration; the	423
rentee generally controls the duration of possession of the	424
property, within any applicable minimum or maximum term; and the	425
amount of consideration generally is determined by the duration of	426
possession of the property.	427

(X) "Telecommunication" means the origination, emission,	428
dissemination, transmission, or reception of data, images,	429
signals, sounds, or other intelligence or equivalence of	430
intelligence of any nature over any communications system by any	431
method, including, but not limited to, a fiber optic, electronic,	432
magnetic, optical, digital, or analog method.	433

(Y) "Telecommunications device" means any instrument,	434
equipment, machine, or other device that facilitates	435
telecommunication, including, but not limited to, a computer,	436
computer network, computer chip, computer circuit, scanner,	437
telephone, cellular telephone, pager, personal communications	438
device, transponder, receiver, radio, modem, or device that	439
enables the use of a modem.	440

(Z) "Telecommunications service" means the providing,	441
allowing, facilitating, or generating of any form of	442
telecommunication through the use of a telecommunications device	443
over a telecommunications system.	444

(AA) "Counterfeit telecommunications device" means a	445
telecommunications device that, alone or with another	446
telecommunications device, has been altered, constructed,	447
manufactured, or programmed to acquire, intercept, receive, or	448
otherwise facilitate the use of a telecommunications service or	449
information service without the authority or consent of the	450
provider of the telecommunications service or information service.	451
"Counterfeit telecommunications device" includes, but is not	452
limited to, a clone telephone, clone microchip, tumbler telephone,	453
or tumbler microchip; a wireless scanning device capable of	454
acquiring, intercepting, receiving, or otherwise facilitating the	455
use of telecommunications service or information service without	456
immediate detection; or a device, equipment, hardware, or software	457
designed for, or capable of, altering or changing the electronic	458
serial number in a wireless telephone.	459

(BB)(1) "Information service" means, subject to division	460
(BB)(2) of this section, the offering of a capability for	461
generating, acquiring, storing, transforming, processing,	462
retrieving, utilizing, or making available information via	463
telecommunications, including, but not limited to, electronic	464
publishing.	465

(2) "Information service" does not include any use of a	466
capability of a type described in division (BB)(1) of this section	467
for the management, control, or operation of a telecommunications	468
system or the management of a telecommunications service.	469

(CC) "Elderly person" means a person who is sixty-five years	470
of age or older.	471

(DD) "Disabled adult" means a person who is eighteen years of	472
age or older and has some impairment of body or mind that makes	473
the person unfit to work at any substantially remunerative	474
employment that the person otherwise would be able to perform and	475
that will, with reasonable probability, continue for a period of	476
at least twelve months without any present indication of recovery	477
from the impairment, or who is eighteen years of age or older and	478
has been certified as permanently and totally disabled by an	479
agency of this state or the United States that has the function of	480
so classifying persons.	481

(EE) "Firearm" and "dangerous ordnance" have the same	482
meanings as in section 2923.11 of the Revised Code.	483

(FF) "Motor vehicle" has the same meaning as in section	484
4501.01 of the Revised Code.	485

(GG) "Dangerous drug" has the same meaning as in section	486
4729.01 of the Revised Code.	487

(HH) "Drug abuse offense" has the same meaning as in section	488
2925.01 of the Revised Code.	489

(II)(1) "Computer hacking" means any of the following:

490

(a) Gaining access or attempting to gain access to all or	491
part of a computer, computer system, or a computer network without	492
express or implied authorization for the purpose of establishing	493
contact only, with the intent to defraud or with malicious intent	494
to commit a crime after the contact is established;	495

(b) Misusing computer or network services including, but not	496
limited to, mail transfer programs, file transfer programs, proxy	497
servers, and web servers by performing functions not authorized by	498
the appropriate principal of the computer, computer system, or	499
computer network. As used in this division, "misuse of computer	500
and network services" includes, but is not limited to, the	501
unauthorized use of any of the following:	502

(i) Mail transfer programs to send mail to persons other than	503
the authorized users of that computer or computer network;	504

(ii) File transfer program proxy services or proxy servers to	505
access other computers, computer systems, or computer networks;	506

(iii) Web servers to redirect users to other web pages or web	507
servers.	508

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	509
using a group of computer programs commonly known as "port	510
scanners" or "probes" to intentionally access any computer,	511
computer system, or computer network without the permission of the	512
appropriate principal of the computer, computer system, or	513
computer network. The group of computer programs referred to in	514
this division includes, but is not limited to, those computer	515
programs that use a computer network to access a computer,	516
computer system, or another computer network to determine any of	517
the following: the presence or types of computers or computer	518
systems on a network; the computer network's facilities and	519
capabilities; the availability of computer or network services;	520
the presence or versions of computer software including, but not	521
limited to, operating systems, computer services, or computer	522
contaminants; the presence of a known computer software deficiency	523
that can be used to gain unauthorized access to a computer,	524
computer system, or computer network; or any other information	525
about a computer, computer system, or computer network not	526
necessary for the normal and lawful operation of the computer	527
initiating the access.	528

(ii) The group of computer programs referred to in division	529
(II)(1)(c)(i) of this section does not include standard computer	530
software used for the normal operation, administration,	531
management, and test of a computer, computer system, or computer	532
network including, but not limited to, domain name services, mail	533
transfer services, and other operating system services, computer	534
programs commonly called "ping," "tcpdump," and "traceroute" and	535
other network monitoring and management computer software, and	536
computer programs commonly known as "nslookup" and "whois" and	537
other systems administration computer software.	538

(d) The intentional use of a computer, computer system, or a	539
computer network in a manner that exceeds any right or permission	540
granted by the appropriate principal of the computer, computer	541
system, or computer network.	542

(2) "Computer hacking" does not include the introduction of a	543
computer contaminant, as defined in section 2909.02 of the Revised	544
Code, into a computer, computer system, computer program, or	545
computer network.	546

Sec. 2913.04.  (A) No person shall knowingly use or operate	547
the property of another without the consent of the owner or person	548
authorized to give consent.	549

(B) No person, in any manner and by any means including but	550
not limited to, computer hacking, shall knowingly gain access to,	551
attempt to gain access to, or cause access to be gained to any	552
computer, computer system, computer network, cable service, cable	553
system, telecommunications device, telecommunications service, or	554
information service without the consent of, or beyond the scope of	555
the express or implied consent of, the owner of the computer,	556
computer system, computer network, cable service, cable system,	557
telecommunications device, telecommunications service, or	558
information service or other person authorized to give consent by	559
the owner.	560

(C) The affirmative defenses contained in division (C) of	561
section 2913.03 of the Revised Code are affirmative defenses to a	562
charge under this section.	563

(D)(1) Whoever violates division (A) of this section is	564
guilty of unauthorized use of property.	565

(2) Except as otherwise provided in division (D)(3) or (4) of	566
this section, unauthorized use of property is a misdemeanor of the	567
fourth degree.	568

(3) Except as otherwise provided in division (D)(4) of this	569
section, if unauthorized use of property is committed for the	570
purpose of devising or executing a scheme to defraud or to obtain	571
property or services, unauthorized use of property is whichever of	572
the following is applicable:	573

(a) Except as otherwise provided in division (D)(3)(b), (c),	574
or (d) of this section, a misdemeanor of the first degree.	575

(b) If the value of the property or services or the loss to	576
the victim is five hundred dollars or more and is less than five	577
thousand dollars, a felony of the fifth degree.	578

(c) If the value of the property or services or the loss to	579
the victim is five thousand dollars or more and is less than one	580
hundred thousand dollars, a felony of the fourth degree.	581

(d) If the value of the property or services or the loss to	582
the victim is one hundred thousand dollars or more, a felony of	583
the third degree.	584

(4) If the victim of the offense is an elderly person or	585
disabled adult, unauthorized use of property is whichever of the	586
following is applicable:	587

(a) Except as otherwise provided in division (D)(4)(b), (c),	588
(d), or (e) of this section, a felony of the fifth degree;	589

(b) If the value of the property or services or loss to the	590
victim is five hundred dollars or more and is less than five	591
thousand dollars, a felony of the fourth degree;	592

(c) If the value of the property or services or loss to the	593
victim is five thousand dollars or more and is less than	594
twenty-five thousand dollars, a felony of the third degree;	595

(d) If the value of the property or services or loss to the	596
victim is twenty-five thousand dollars or more, a felony of the	597
second degree.	598

(E)(1) Whoever violates division (B) of this section is	599
guilty of unauthorized use of computer, cable, or	600
telecommunication property, and shall be punished as provided in	601
division (E)(2) or (3) of this section.	602

(2) Except as otherwise provided in division (E)(3) of this	603
section, unauthorized use of computer, cable, or telecommunication	604
property is a felony of the fifth degree.	605

(3) If unauthorized use of computer, cable, or	606
telecommunication property is committed for the purpose of	607
devising or executing a scheme to defraud or to obtain property or	608
services, for obtaining money, property, or services by false or	609
fraudulent pretenses, or for committing any other criminal offense	610
and if the value of the property or services involved or the loss	611
to the victim is ten thousand dollars or more, unauthorized use of	612
computer, cable, or telecommunication property is a felony of the	613
fourth degree.	614

(F) As used in this section:

615

(1) "Cable operator" means any person or group of persons	616
that does either of the following:	617

(a) Provides cable service over a cable system and directly	618
or through one or more affiliates owns a significant interest in	619
that cable system;	620

(b) Otherwise controls or is responsible for, through any	621
arrangement, the management and operation of a cable system.	622

(2) "Cable service" means any of the following:

623

(a) The one-way transmission to subscribers of video	624
programming or of information that a cable operator makes	625
available to all subscribers generally;	626

(b) Subscriber interaction, if any, that is required for the	627
selection or use of video programming or of information that a	628
cable operator makes available to all subscribers generally, both	629
as described in division (F)(2)(a) of this section;	630

(c) Any cable television service.

631

(3) "Cable system" means any facility, consisting of a set of	632
closed transmission paths and associated signal generation,	633
reception, and control equipment that is designed to provide cable	634
service that includes video programming and that is provided to	635
multiple subscribers within a community. "Cable system" does not	636
include any of the following:	637

(a) Any facility that serves only to retransmit the	638
television signals of one or more television broadcast stations;	639

(b) Any facility that serves subscribers without using any	640
public right-of-way;	641

(c) Any facility of a common carrier that, under 47 U.S.C.A.	642
522(7)(c), is excluded from the term "cable system" as defined in	643
47 U.S.C.A. 522(7);	644

(d) Any open video system that complies with 47 U.S.C.A. 573;

645

(e) Any facility of any electric utility used solely for	646
operating its electric utility system.	647

Section 2. That existing sections 2901.04, 2909.01, 2909.04,	648
2909.07, 2913.01, and 2913.04 of the Revised Code are hereby	649
repealed.	650