REPRESENTATIVES Collier, Willamowski, D. Evans, Faber, Barrett, Chandler, Cirelli, Domenick, C. Evans, Fessler, Flowers, Gibbs, Gilb, Hughes, Kearns, Latta, McGregor, Miller, Olman, T. Patton, Perry, Reidelbach, Schaffer, Slaby, G. Smith, Walcher, Widener, Wilson, Wolpert

To amend sections 2901.04, 2909.01, 2909.04, 2909.07,

1

2913.01, and 2913.04 of the Revised Code and to

2

present the prevailing versions of sections

3

2915.01 and 2915.092 of the Revised Code to expand

4

"disrupting public services" to specifically

5

prohibit the use of a computer, another specified

6

type of device or the Internet so as to disrupt,

7

interrupt, or impair any police, fire,

8

educational, commercial, or governmental function;

9

to expand "criminal mischief" to specifically

10

include certain conduct related to computer

11

hacking or the introduction of a computer

12

contaminant; to increase the penalty for

13

"unauthorized use of computer, cable, or

14

telecommunication property" when committed under

15

certain specified circumstances and when the value

16

of the involved property, services, or victim's

17

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

18

"computer hacking" within the scope of "criminal

19

mischief" and "unauthorized use of computer,

20

cable, or telecommunication property;" and to

21

provide a rule for interpreting statutory

22

references that define or specify a criminal

23

offense.

24

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

Section 1. That sections 2901.04, 2909.01, 2909.04, 2909.07,	25
2913.01, and 2913.04 of the Revised Code be amended and sections	26
2915.01 and 2915.092 of the Revised Code be presented to read as	27
follows:	28

Sec. 2901.04.  (A) Except as otherwise provided in division	29
(C) or (D) of this section, sections of the Revised Code defining	30
offenses or penalties shall be strictly construed against the	31
state, and liberally construed in favor of the accused.	32

(B) Rules of criminal procedure and sections of the Revised	33
Code providing for criminal procedure shall be construed so as to	34
effect the fair, impartial, speedy, and sure administration of	35
justice.	36

(C) Any provision of a section of the Revised Code that	37
refers to a previous conviction of or plea of guilty to a	38
violation of a section of the Revised Code or of a division of a	39
section of the Revised Code shall be construed to also refer to a	40
previous conviction of or plea of guilty to a substantially	41
equivalent offense under an existing or former law of this state,	42
another state, or the United States or under an existing or former	43
municipal ordinance.	44

(D) Any provision of the Revised Code that refers to a	45
section, or to a division of a section, of the Revised Code that	46
defines or specifies a criminal offense shall be construed to also	47
refer to an existing or former law of this state, another state,	48
or the United States, to an existing or former municipal	49
ordinance, or to an existing or former division of any such	50
existing or former law or ordinance that defines or specifies, or	51
that defined or specified, a substantially equivalent offense.	52

Sec. 2909.01.  As used in sections 2909.01 to 2909.07 of the	53
Revised Code:	54

(A) To "create a substantial risk of serious physical harm to	55
any person" includes the creation of a substantial risk of serious	56
physical harm to any emergency personnel.	57

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

58

(1) A peace officer, as defined in section 2935.01 of the	59
Revised Code;	60

(2) A member of a fire department or other firefighting	61
agency of a municipal corporation, township, township fire	62
district, joint fire district, other political subdivision, or	63
combination of political subdivisions;	64

(3) A member of a private fire company, as defined in section	65
9.60 of the Revised Code, or a volunteer firefighter;	66

(4) A member of a joint ambulance district or joint emergency	67
medical services district;	68

(5) An emergency medical technician-basic, emergency medical	69
technician-intermediate, emergency medical technician-paramedic,	70
ambulance operator, or other member of an emergency medical	71
service that is owned or operated by a political subdivision or a	72
private entity;	73

(6) The state fire marshal, the chief deputy state fire	74
marshal, or an assistant state fire marshal;	75

(7) A fire prevention officer of a political subdivision or	76
an arson, fire, or similar investigator of a political	77
subdivision.	78

(C) "Occupied structure" means any house, building,	79
outbuilding, watercraft, aircraft, railroad car, truck, trailer,	80
tent, or other structure, vehicle, or shelter, or any portion	81
thereof, to which any of the following applies:	82

(1) It is maintained as a permanent or temporary dwelling,	83
even though it is temporarily unoccupied and whether or not any	84
person is actually present.	85

(2) At the time, it is occupied as the permanent or temporary	86
habitation of any person, whether or not any person is actually	87
present.	88

(3) At the time, it is specially adapted for the overnight	89
accommodation of any person, whether or not any person is actually	90
present.	91

(4) At the time, any person is present or likely to be	92
present in it.	93

(D) "Political subdivision" and "state" have the same	94
meanings as in section 2744.01 of the Revised Code.	95

(E) "Computer," "computer hacking," "computer network,"	96
"computer program," "computer software," "computer system,"	97
"data," and "telecommunications device" have the same meanings as	98
in section 2913.01 of the Revised Code.	99

(F) "Computer contaminant" means a computer program that is	100
designed to modify, damage, destroy, disable, deny or degrade	101
access to, allow unauthorized access to, functionally impair,	102
record, or transmit information within a computer, computer	103
system, or computer network without the express or implied consent	104
of the owner or other person authorized to give consent and that	105
is of a type or kind described in divisions (F)(1) to (4) of this	106
section or of a type or kind similar to a type or kind described	107
in divisions (F)(1) to (4) of this section:	108

(1) A group of computer programs commonly known as "viruses"	109
and "worms" that are self-replicating or self-propagating and that	110
are designed to contaminate other computer programs, compromise	111
computer security, consume computer resources, modify, destroy,	112
record, or transmit data, or disrupt the normal operation of the	113
computer, computer system, or computer network;	114

(2) A group of computer programs commonly known as "Trojans"	115
or "Trojan horses" that are not self-replicating or	116
self-propagating and that are designed to compromise computer	117
security, consume computer resources, modify, destroy, record, or	118
transmit data, or disrupt the normal operation of the computer,	119
computer system, or computer network;	120

(3) A group of computer programs commonly known as "zombies"	121
that are designed to use a computer without the knowledge and	122
consent of the owner, or other person authorized to give consent,	123
and that are designed to send large quantities of data to a	124
targeted computer network for the purpose of degrading the	125
targeted computer's or network's performance, or denying access	126
through the network to the targeted computer or network, resulting	127
in what is commonly known as "Denial of Service" or "Distributed	128
Denial of Service" attacks;	129

(4) A group of computer programs commonly know as "trap	130
doors," "back doors," or "root kits" that are designed to bypass	131
standard authentication software and that are designed to allow	132
access to or use of a computer without the knowledge or consent of	133
the owner, or other person authorized to give consent.	134

(G) "Internet" has the same meaning as in section 341.42 of	135
the Revised Code.	136

Sec. 2909.04.  (A) No person, purposely by any means or	137
knowingly by damaging or tampering with any property, shall do any	138
of the following:	139

(1) Interrupt or impair television, radio, telephone,	140
telegraph, or other mass communications service; police, fire, or	141
other public service communications; radar, loran, radio, or other	142
electronic aids to air or marine navigation or communications; or	143
amateur or citizens band radio communications being used for	144
public service or emergency communications;	145

(2) Interrupt or impair public transportation, including	146
without limitation school bus transportation, or water supply,	147
gas, power, or other utility service to the public;	148

(3) Substantially impair the ability of law enforcement	149
officers, firefighters, rescue personnel, emergency medical	150
services personnel, or emergency facility personnel to respond to	151
an emergency or to protect and preserve any person or property	152
from serious physical harm.	153

(B) No person shall knowingly use any computer, computer	154
system, computer network, telecommunications device, or other	155
electronic device or system or the internet so as to disrupt,	156
interrupt, or impair the functions of any police, fire,	157
educational, commercial, or governmental operations.	158

(C) Whoever violates this section is guilty of disrupting	159
public services, a felony of the fourth degree.	160

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

161

(1) "Emergency medical services personnel" has the same	162
meaning as in section 2133.21 of the Revised Code.	163

(2) "Emergency facility personnel" means any of the	164
following:	165

(a) Any of the following individuals who perform services in	166
the ordinary course of their professions in an emergency facility:	167

(i) Physicians authorized under Chapter 4731. of the Revised	168
Code to practice medicine and surgery or osteopathic medicine and	169
surgery;	170

(ii) Registered nurses and licensed practical nurses licensed	171
under Chapter 4723. of the Revised Code;	172

(iii) Physician assistants authorized to practice under	173
Chapter 4730. of the Revised Code;	174

(iv) Health care workers;

175

(v) Clerical staffs.

176

(b) Any individual who is a security officer performing	177
security services in an emergency facility;	178

(c) Any individual who is present in an emergency facility,	179
who was summoned to the facility by an individual identified in	180
division (C)(D)(2)(a) or (b) of this section.	181

(3) "Emergency facility" means a hospital emergency	182
department or any other facility that provides emergency medical	183
services.	184

(4) "Hospital" has the same meaning as in section 3727.01 of	185
the Revised Code.	186

(5) "Health care worker" means an individual, other than an	187
individual specified in division (C)(D)(2)(a), (b), or (c) of this	188
section, who provides medical or other health-related care or	189
treatment in an emergency facility, including medical technicians,	190
medical assistants, orderlies, aides, or individuals acting in	191
similar capacities.	192

Sec. 2909.07.  (A) No person shall:

193

(1) Without privilege to do so, knowingly move, deface,	194
damage, destroy, or otherwise improperly tamper with the property	195
of another;	196

(2) With purpose to interfere with the use or enjoyment of	197
property of another, employ a tear gas device, stink bomb, smoke	198
generator, or other device releasing a substance that is harmful	199
or offensive to persons exposed or that tends to cause public	200
alarm;	201

(3) Without privilege to do so, knowingly move, deface,	202
damage, destroy, or otherwise improperly tamper with a bench mark,	203
triangulation station, boundary marker, or other survey station,	204
monument, or marker;	205

(4) Without privilege to do so, knowingly move, deface,	206
damage, destroy, or otherwise improperly tamper with any safety	207
device, the property of another, or the property of the offender	208
when required or placed for the safety of others, so as to destroy	209
or diminish its effectiveness or availability for its intended	210
purpose;	211

(5) With purpose to interfere with the use or enjoyment of	212
the property of another, set a fire on the land of another or	213
place personal property that has been set on fire on the land of	214
another, which fire or personal property is outside and apart from	215
any building, other structure, or personal property that is on	216
that land;	217

(6) Without privilege to do so, and with intent to impair the	218
functioning of any computer, computer system, computer network,	219
computer software, or computer program, knowingly do any of the	220
following:	221

(a) In any manner or by any means, including, but not limited	222
to, computer hacking, alter, damage, destroy, or modify a	223
computer, computer system, computer network, computer software, or	224
computer program or data contained in a computer, computer system,	225
computer network, computer software, or computer program;	226

(b) Introduce a computer contaminant into a computer,	227
computer system, computer network, computer software, or computer	228
program.	229

(B) As used in this section, "safety device" means any fire	230
extinguisher, fire hose, or fire axe, or any fire escape,	231
emergency exit, or emergency escape equipment, or any life line,	232
life-saving ring, life preserver, or life boat or raft, or any	233
alarm, light, flare, signal, sign, or notice intended to warn of	234
danger or emergency, or intended for other safety purposes, or any	235
guard railing or safety barricade, or any traffic sign or signal,	236
or any railroad grade crossing sign, signal, or gate, or any first	237
aid or survival equipment, or any other device, apparatus, or	238
equipment intended for protecting or preserving the safety of	239
persons or property.	240

(C)(1) Whoever violates this section is guilty of criminal	241
mischief, and shall be punished as provided in division (C)(2) or	242
(3) of this section.	243

(2) Except as otherwise provided in this division, criminal	244
mischief committed in violation of division (A)(1), (2), (3), (4),	245
or (5) of this section is a misdemeanor of the third degree. If	246
Except as otherwise provided in this division, if the violation of	247
division (A)(1), (2), (3), (4), or (5) of this section creates a	248
risk of physical harm to any person, criminal mischief committed	249
in violation of division (A)(1), (2), (3), (4), or (5) of this	250
section is a misdemeanor of the first degree. If the property	251
involved in the violation of division (A)(1), (2), (3), (4), or	252
(5) of this section is an aircraft, an aircraft engine, propeller,	253
appliance, spare part, fuel, lubricant, hydraulic fluid, any other	254
equipment, implement, or material used or intended to be used in	255
the operation of an aircraft, or any cargo carried or intended to	256
be carried in an aircraft and if, criminal mischief committed in	257
violation of division (A)(1), (2), (3), (4), or (5) of this	258
section is one of the following:	259

(a) If the violation creates a risk of physical harm to any	260
person, criminal mischiefexcept as otherwise provided in division	261
(C)(2)(b) of this section, criminal mischief committed in	262
violation of division (A)(1), (2), (3), (4), or (5) of this	263
section is a felony of the fifth degree. If the property involved	264
in violation of this section is an aircraft, an aircraft engine,	265
propeller, appliance, spare part, fuel, lubricant, hydraulic	266
fluid, any other equipment, implement, or material used or	267
intended to be used in the operation of an aircraft, or any cargo	268
carried or intended to be carried in an aircraft and if	269

(b) If the violation creates a substantial risk of physical	270
harm to any person or if the property involved in a violation of	271
this section is an occupied aircraft, criminal mischief committed	272
in violation of division (A)(1), (2), (3), (4), or (5) of this	273
section is a felony of the fourth degree.	274

(3) Except as otherwise provided in this division, criminal	275
mischief committed in violation of division (A)(6) of this section	276
is a misdemeanor of the first degree. Except as otherwise provided	277
in this division, if the value of the computer, computer system,	278
computer network, computer software, computer program, or data	279
involved in the violation of division (A)(6) of this section or	280
the loss to the victim resulting from the violation is one	281
thousand dollars or more and less than ten thousand dollars, or if	282
the computer, computer system, computer network, computer	283
software, computer program, or data involved in the violation of	284
division (A)(6) of this section is used or intended to be used in	285
the operation of an aircraft and the violation creates a risk of	286
physical harm to any person, criminal mischief committed in	287
violation of division (A)(6) of this section is a felony of the	288
fifth degree. If the value of the computer, computer system,	289
computer network, computer software, computer program, or data	290
involved in the violation of division (A)(6) of this section or	291
the loss to the victim resulting from the violation is ten	292
thousand dollars or more, or if the computer, computer system,	293
computer network, computer software, computer program, or data	294
involved in the violation of division (A)(6) of this section is	295
used or intended to be used in the operation of an aircraft and	296
the violation creates a substantial risk of physical harm to any	297
person or the aircraft in question is an occupied aircraft,	298
criminal mischief committed in violation of division (A)(6) of	299
this section is a felony of the fourth degree.	300

Sec. 2913.01.  As used in this chapter, unless the context	301
requires that a term be given a different meaning:	302

(A) "Deception" means knowingly deceiving another or causing	303
another to be deceived by any false or misleading representation,	304
by withholding information, by preventing another from acquiring	305
information, or by any other conduct, act, or omission that	306
creates, confirms, or perpetuates a false impression in another,	307
including a false impression as to law, value, state of mind, or	308
other objective or subjective fact.	309

(B) "Defraud" means to knowingly obtain, by deception, some	310
benefit for oneself or another, or to knowingly cause, by	311
deception, some detriment to another.	312

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

313

(1) Withhold property of another permanently, or for a period	314
that appropriates a substantial portion of its value or use, or	315
with purpose to restore it only upon payment of a reward or other	316
consideration;	317

(2) Dispose of property so as to make it unlikely that the	318
owner will recover it;	319

(3) Accept, use, or appropriate money, property, or services,	320
with purpose not to give proper consideration in return for the	321
money, property, or services, and without reasonable justification	322
or excuse for not giving proper consideration.	323

(D) "Owner" means, unless the context requires a different	324
meaning, any person, other than the actor, who is the owner of,	325
who has possession or control of, or who has any license or	326
interest in property or services, even though the ownership,	327
possession, control, license, or interest is unlawful.	328

(E) "Services" include labor, personal services, professional	329
services, public utility services, common carrier services, and	330
food, drink, transportation, entertainment, and cable television	331
services and, for purposes of section 2913.04 of the Revised Code,	332
include cable services as defined in that section.	333

(F) "Writing" means any computer software, document, letter,	334
memorandum, note, paper, plate, data, film, or other thing having	335
in or upon it any written, typewritten, or printed matter, and any	336
token, stamp, seal, credit card, badge, trademark, label, or other	337
symbol of value, right, privilege, license, or identification.	338

(G) "Forge" means to fabricate or create, in whole or in part	339
and by any means, any spurious writing, or to make, execute,	340
alter, complete, reproduce, or otherwise purport to authenticate	341
any writing, when the writing in fact is not authenticated by that	342
conduct.	343

(H) "Utter" means to issue, publish, transfer, use, put or	344
send into circulation, deliver, or display.	345

(I) "Coin machine" means any mechanical or electronic device	346
designed to do both of the following:	347

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

348

(2) In return for the insertion or deposit of a coin, bill,	349
or token, automatically dispense property, provide a service, or	350
grant a license.	351

(J) "Slug" means an object that, by virtue of its size,	352
shape, composition, or other quality, is capable of being inserted	353
or deposited in a coin machine as an improper substitute for a	354
genuine coin, bill, or token made for that purpose.	355

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

356

(1) A violation of section 2911.01, 2911.02, 2911.11,	357
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	358
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	359
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	360
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	361
2915.05, or 2921.41 of the Revised Code;	362

(2) A violation of an existing or former municipal ordinance	363
or law of this or any other state, or of the United States,	364
substantially equivalent to any section listed in division (K)(1)	365
of this section or a violation of section 2913.41, 2913.81, or	366
2915.06 of the Revised Code as it existed prior to July 1, 1996;	367

(3) An offense under an existing or former municipal	368
ordinance or law of this or any other state, or of the United	369
States, involving robbery, burglary, breaking and entering, theft,	370
embezzlement, wrongful conversion, forgery, counterfeiting,	371
deceit, or fraud;	372

(4) A conspiracy or attempt to commit, or complicity in	373
committing, any offense under division (K)(1), (2), or (3) of this	374
section.	375

(L) "Computer services" includes, but is not limited to, the	376
use of a computer system, computer network, computer program, data	377
that is prepared for computer use, or data that is contained	378
within a computer system or computer network.	379

(M) "Computer" means an electronic device that performs	380
logical, arithmetic, and memory functions by the manipulation of	381
electronic or magnetic impulses. "Computer" includes, but is not	382
limited to, all input, output, processing, storage, computer	383
program, or communication facilities that are connected, or	384
related, in a computer system or network to an electronic device	385
of that nature.	386

(N) "Computer system" means a computer and related devices,	387
whether connected or unconnected, including, but not limited to,	388
data input, output, and storage devices, data communications	389
links, and computer programs and data that make the system capable	390
of performing specified special purpose data processing tasks.	391

(O) "Computer network" means a set of related and remotely	392
connected computers and communication facilities that includes	393
more than one computer system that has the capability to transmit	394
among the connected computers and communication facilities through	395
the use of computer facilities.	396

(P) "Computer program" means an ordered set of data	397
representing coded instructions or statements that, when executed	398
by a computer, cause the computer to process data.	399

(Q) "Computer software" means computer programs, procedures,	400
and other documentation associated with the operation of a	401
computer system.	402

(R) "Data" means a representation of information, knowledge,	403
facts, concepts, or instructions that are being or have been	404
prepared in a formalized manner and that are intended for use in a	405
computer, computer system, or computer network. For purposes of	406
section 2913.47 of the Revised Code, "data" has the additional	407
meaning set forth in division (A) of that section.	408

(S) "Cable television service" means any services provided by	409
or through the facilities of any cable television system or other	410
similar closed circuit coaxial cable communications system, or any	411
microwave or similar transmission service used in connection with	412
any cable television system or other similar closed circuit	413
coaxial cable communications system.	414

(T) "Gain access" means to approach, instruct, communicate	415
with, store data in, retrieve data from, or otherwise make use of	416
any resources of a computer, computer system, or computer network,	417
or any cable service or cable system both as defined in section	418
2913.04 of the Revised Code.	419

(U) "Credit card" includes, but is not limited to, a card,	420
code, device, or other means of access to a customer's account for	421
the purpose of obtaining money, property, labor, or services on	422
credit, or for initiating an electronic fund transfer at a	423
point-of-sale terminal, an automated teller machine, or a cash	424
dispensing machine. It also includes a county procurement card	425
issued under section 301.29 of the Revised Code.	426

(V) "Electronic fund transfer" has the same meaning as in 92	427
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	428

(W) "Rented property" means personal property in which the	429
right of possession and use of the property is for a short and	430
possibly indeterminate term in return for consideration; the	431
rentee generally controls the duration of possession of the	432
property, within any applicable minimum or maximum term; and the	433
amount of consideration generally is determined by the duration of	434
possession of the property.	435

(X) "Telecommunication" means the origination, emission,	436
dissemination, transmission, or reception of data, images,	437
signals, sounds, or other intelligence or equivalence of	438
intelligence of any nature over any communications system by any	439
method, including, but not limited to, a fiber optic, electronic,	440
magnetic, optical, digital, or analog method.	441

(Y) "Telecommunications device" means any instrument,	442
equipment, machine, or other device that facilitates	443
telecommunication, including, but not limited to, a computer,	444
computer network, computer chip, computer circuit, scanner,	445
telephone, cellular telephone, pager, personal communications	446
device, transponder, receiver, radio, modem, or device that	447
enables the use of a modem.	448

(Z) "Telecommunications service" means the providing,	449
allowing, facilitating, or generating of any form of	450
telecommunication through the use of a telecommunications device	451
over a telecommunications system.	452

(AA) "Counterfeit telecommunications device" means a	453
telecommunications device that, alone or with another	454
telecommunications device, has been altered, constructed,	455
manufactured, or programmed to acquire, intercept, receive, or	456
otherwise facilitate the use of a telecommunications service or	457
information service without the authority or consent of the	458
provider of the telecommunications service or information service.	459
"Counterfeit telecommunications device" includes, but is not	460
limited to, a clone telephone, clone microchip, tumbler telephone,	461
or tumbler microchip; a wireless scanning device capable of	462
acquiring, intercepting, receiving, or otherwise facilitating the	463
use of telecommunications service or information service without	464
immediate detection; or a device, equipment, hardware, or software	465
designed for, or capable of, altering or changing the electronic	466
serial number in a wireless telephone.	467

(BB)(1) "Information service" means, subject to division	468
(BB)(2) of this section, the offering of a capability for	469
generating, acquiring, storing, transforming, processing,	470
retrieving, utilizing, or making available information via	471
telecommunications, including, but not limited to, electronic	472
publishing.	473

(2) "Information service" does not include any use of a	474
capability of a type described in division (BB)(1) of this section	475
for the management, control, or operation of a telecommunications	476
system or the management of a telecommunications service.	477

(CC) "Elderly person" means a person who is sixty-five years	478
of age or older.	479

(DD) "Disabled adult" means a person who is eighteen years of	480
age or older and has some impairment of body or mind that makes	481
the person unfit to work at any substantially remunerative	482
employment that the person otherwise would be able to perform and	483
that will, with reasonable probability, continue for a period of	484
at least twelve months without any present indication of recovery	485
from the impairment, or who is eighteen years of age or older and	486
has been certified as permanently and totally disabled by an	487
agency of this state or the United States that has the function of	488
so classifying persons.	489

(EE) "Firearm" and "dangerous ordnance" have the same	490
meanings as in section 2923.11 of the Revised Code.	491

(FF) "Motor vehicle" has the same meaning as in section	492
4501.01 of the Revised Code.	493

(GG) "Dangerous drug" has the same meaning as in section	494
4729.01 of the Revised Code.	495

(HH) "Drug abuse offense" has the same meaning as in section	496
2925.01 of the Revised Code.	497

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

498

(a) Gaining access or attempting to gain access to all or	499
part of a computer, computer system, or a computer network without	500
express or implied authorization with the intent to defraud or	501
with intent to commit a crime;	502

(b) Misusing computer or network services including, but not	503
limited to, mail transfer programs, file transfer programs, proxy	504
servers, and web servers by performing functions not authorized by	505
the owner of the computer, computer system, or computer network or	506
other person authorized to give consent. As used in this division,	507
"misuse of computer and network services" includes, but is not	508
limited to, the unauthorized use of any of the following:	509

(i) Mail transfer programs to send mail to persons other than	510
the authorized users of that computer or computer network;	511

(ii) File transfer program proxy services or proxy servers to	512
access other computers, computer systems, or computer networks;	513

(iii) Web servers to redirect users to other web pages or web	514
servers.	515

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	516
using a group of computer programs commonly known as "port	517
scanners" or "probes" to intentionally access any computer,	518
computer system, or computer network without the permission of the	519
owner of the computer, computer system, or computer network or	520
other person authorized to give consent. The group of computer	521
programs referred to in this division includes, but is not limited	522
to, those computer programs that use a computer network to access	523
a computer, computer system, or another computer network to	524
determine any of the following: the presence or types of computers	525
or computer systems on a network; the computer network's	526
facilities and capabilities; the availability of computer or	527
network services; the presence or versions of computer software	528
including, but not limited to, operating systems, computer	529
services, or computer contaminants; the presence of a known	530
computer software deficiency that can be used to gain unauthorized	531
access to a computer, computer system, or computer network; or any	532
other information about a computer, computer system, or computer	533
network not necessary for the normal and lawful operation of the	534
computer initiating the access.	535

(ii) The group of computer programs referred to in division	536
(II)(1)(c)(i) of this section does not include standard computer	537
software used for the normal operation, administration,	538
management, and test of a computer, computer system, or computer	539
network including, but not limited to, domain name services, mail	540
transfer services, and other operating system services, computer	541
programs commonly called "ping," "tcpdump," and "traceroute" and	542
other network monitoring and management computer software, and	543
computer programs commonly known as "nslookup" and "whois" and	544
other systems administration computer software.	545

(d) The intentional use of a computer, computer system, or a	546
computer network in a manner that exceeds any right or permission	547
granted by the owner of the computer, computer system, or computer	548
network or other person authorized to give consent.	549

(2) "Computer hacking" does not include the introduction of a	550
computer contaminant, as defined in section 2909.02 of the Revised	551
Code, into a computer, computer system, computer program, or	552
computer network.	553

Sec. 2913.04.  (A) No person shall knowingly use or operate	554
the property of another without the consent of the owner or person	555
authorized to give consent.	556

(B) No person, in any manner and by any means, including, but	557
not limited to, computer hacking, shall knowingly gain access to,	558
attempt to gain access to, or cause access to be gained to any	559
computer, computer system, computer network, cable service, cable	560
system, telecommunications device, telecommunications service, or	561
information service without the consent of, or beyond the scope of	562
the express or implied consent of, the owner of the computer,	563
computer system, computer network, cable service, cable system,	564
telecommunications device, telecommunications service, or	565
information service or other person authorized to give consent by	566
the owner.	567

(C) No person shall knowingly gain access to, attempt to gain	568
access to, cause access to be granted to, or disseminate	569
information gained from access to the law enforcement automated	570
database system created pursuant to section 5503.10 of the Revised	571
Code without the consent of, or beyond the scope of the express or	572
implied consent of, the chair of the law enforcement automated	573
data system steering committee.	574

(D) The affirmative defenses contained in division (C) of	575
section 2913.03 of the Revised Code are affirmative defenses to a	576
charge under this section.	577

(E)(1) Whoever violates division (A) of this section is	578
guilty of unauthorized use of property.	579

(2) Except as otherwise provided in division (E)(3) or (4) of	580
this section, unauthorized use of property is a misdemeanor of the	581
fourth degree.	582

(3) Except as otherwise provided in division (E)(4) of this	583
section, if unauthorized use of property is committed for the	584
purpose of devising or executing a scheme to defraud or to obtain	585
property or services, unauthorized use of property is whichever of	586
the following is applicable:	587

(a) Except as otherwise provided in division (E)(3)(b), (c),	588
or (d) of this section, a misdemeanor of the first degree.	589

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

(c) If the value of the property or services or the loss to	593
the victim is five thousand dollars or more and is less than one	594
hundred thousand dollars, a felony of the fourth degree.	595

(d) If the value of the property or services or the loss to	596
the victim is one hundred thousand dollars or more, a felony of	597
the third degree.	598

(4) If the victim of the offense is an elderly person or	599
disabled adult, unauthorized use of property is whichever of the	600
following is applicable:	601

(a) Except as otherwise provided in division (E)(4)(b), (c),	602
or (d), or (e) of this section, a felony of the fifth degree;	603

(b) If the value of the property or services or loss to the	604
victim is five hundred dollars or more and is less than five	605
thousand dollars, a felony of the fourth degree;	606

(c) If the value of the property or services or loss to the	607
victim is five thousand dollars or more and is less than	608
twenty-five thousand dollars, a felony of the third degree;	609

(d) If the value of the property or services or loss to the	610
victim is twenty-five thousand dollars or more, a felony of the	611
second degree.	612

(F)(1) Whoever violates division (B) of this section is	613
guilty of unauthorized use of computer, cable, or	614
telecommunication property, and shall be punished as provided in	615
division (F)(2), (3), or (4) of this section.	616

(2) Except as otherwise provided in division (F)(3) or (4) of	617
this section, unauthorized use of computer, cable, or	618
telecommunication property is a felony of the fifth degree.	619

(3) Except as otherwise provided in division (F)(4) of this	620
section, if unauthorized use of computer, cable, or	621
telecommunication property is committed for the purpose of	622
devising or executing a scheme to defraud or to obtain property or	623
services, for obtaining money, property, or services by false or	624
fraudulent pretenses, or for committing any other criminal	625
offense, unauthorized use of computer, cable, or telecommunication	626
property is whichever of the following is applicable:	627

(a) Except as otherwise provided in division (F)(3)(b) of	628
this section, if the value of the property or services involved or	629
the loss to the victim is five thousand dollars or more and less	630
than one hundred thousand dollars, a felony of the fourth degree;	631

(b) If the value of the property or services involved or the	632
loss to the victim is one hundred thousand dollars or more, a	633
felony of the third degree.	634

(4) If the victim of the offense is an elderly person or	635
disabled adult, unauthorized use of computer, cable, or	636
telecommunication property is whichever of the following is	637
applicable:	638

(a) Except as otherwise provided in division (F)(4)(b), (c),	639
or (d) of this section, a felony of the fifth degree;	640

(b) If the value of the property or services or loss to the	641
victim is five hundred dollars or more and is less than five	642
thousand dollars, a felony of the fourth degree;	643

(c) If the value of the property or services or loss to the	644
victim is five thousand dollars or more and is less than	645
twenty-five thousand dollars, a felony of the third degree;	646

(d) If the value of the property or services or loss to the	647
victim is twenty-five thousand dollars or more, a felony of the	648
second degree.	649

(G) Whoever violates division (C) of this section is guilty	650
of unauthorized use of the law enforcement automated database	651
system, a felony of the fifth degree.	652

(H) As used in this section:

653

(1) "Cable operator" means any person or group of persons	654
that does either of the following:	655

(a) Provides cable service over a cable system and directly	656
or through one or more affiliates owns a significant interest in	657
that cable system;	658

(b) Otherwise controls or is responsible for, through any	659
arrangement, the management and operation of a cable system.	660

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

661

(a) The one-way transmission to subscribers of video	662
programming or of information that a cable operator makes	663
available to all subscribers generally;	664

(b) Subscriber interaction, if any, that is required for the	665
selection or use of video programming or of information that a	666
cable operator makes available to all subscribers generally, both	667
as described in division (H)(2)(a) of this section;	668

(c) Any cable television service.

669

(3) "Cable system" means any facility, consisting of a set of	670
closed transmission paths and associated signal generation,	671
reception, and control equipment that is designed to provide cable	672
service that includes video programming and that is provided to	673
multiple subscribers within a community. "Cable system" does not	674
include any of the following:	675

(a) Any facility that serves only to retransmit the	676
television signals of one or more television broadcast stations;	677

(b) Any facility that serves subscribers without using any	678
public right-of-way;	679

(c) Any facility of a common carrier that, under 47 U.S.C.A.	680
522(7)(c), is excluded from the term "cable system" as defined in	681
47 U.S.C.A. 522(7);	682

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

683

(e) Any facility of any electric utility used solely for	684
operating its electric utility system.	685

Sec. 2915.01.  As used in this chapter:

686

(A) "Bookmaking" means the business of receiving or paying	687
off bets.	688

(B) "Bet" means the hazarding of anything of value upon the	689
result of an event, undertaking, or contingency, but does not	690
include a bona fide business risk.	691

(C) "Scheme of chance" means a slot machine, lottery, numbers	692
game, pool conducted for profit, or other scheme in which a	693
participant gives a valuable consideration for a chance to win a	694
prize, but does not include bingo, a skill-based amusement	695
machine, or a pool not conducted for profit.	696

(D) "Game of chance" means poker, craps, roulette, or other	697
game in which a player gives anything of value in the hope of	698
gain, the outcome of which is determined largely by chance, but	699
does not include bingo.	700

(E) "Game of chance conducted for profit" means any game of	701
chance designed to produce income for the person who conducts or	702
operates the game of chance, but does not include bingo.	703

(F) "Gambling device" means any of the following:

704

(1) A book, totalizer, or other equipment for recording bets;

705

(2) A ticket, token, or other device representing a chance,	706
share, or interest in a scheme of chance or evidencing a bet;	707

(3) A deck of cards, dice, gaming table, roulette wheel, slot	708
machine, or other apparatus designed for use in connection with a	709
game of chance;	710

(4) Any equipment, device, apparatus, or paraphernalia	711
specially designed for gambling purposes;	712

(5) Bingo supplies sold or otherwise provided, or used, in	713
violation of this chapter.	714

(G) "Gambling offense" means any of the following:

715

(1) A violation of section 2915.02, 2915.03, 2915.04,	716
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	717
2915.092, 2915.10, or 2915.11 of the Revised Code;	718

(2) A violation of an existing or former municipal ordinance	719
or law of this or any other state or the United States	720
substantially equivalent to any section listed in division (G)(1)	721
of this section or a violation of section 2915.06 of the Revised	722
Code as it existed prior to July 1, 1996;	723

(3) An offense under an existing or former municipal	724
ordinance or law of this or any other state or the United States,	725
of which gambling is an element;	726

(4) A conspiracy or attempt to commit, or complicity in	727
committing, any offense under division (G)(1), (2), or (3) of this	728
section.	729

(H) Except as otherwise provided in this chapter, "charitable	730
organization" means any tax exempt religious, educational,	731
veteran's, fraternal, sporting, service, nonprofit medical,	732
volunteer rescue service, volunteer firefighter's, senior	733
citizen's, historic railroad educational, youth athletic, amateur	734
athletic, or youth athletic park organization. An organization is	735
tax exempt if the organization is, and has received from the	736
internal revenue service a determination letter that currently is	737
in effect stating that the organization is, exempt from federal	738
income taxation under subsection 501(a) and described in	739
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	740
501(c)(19) of the Internal Revenue Code, or if the organization is	741
a sporting organization that is exempt from federal income	742
taxation under subsection 501(a) and is described in subsection	743
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	744
organization, an organization, except a volunteer rescue service	745
or volunteer fire fighter's organization, shall have been in	746
continuous existence as such in this state for a period of two	747
years immediately preceding either the making of an application	748
for a bingo license under section 2915.08 of the Revised Code or	749
the conducting of any game of chance as provided in division (D)	750
of section 2915.02 of the Revised Code. A charitable organization	751
that is exempt from federal income taxation under subsection	752
501(a) and described in subsection 501(c)(3) of the Internal	753
Revenue Code and that is created by a veteran's organization, a	754
fraternal organization, or a sporting organization does not have	755
to have been in continuous existence as such in this state for a	756
period of two years immediately preceding either the making of an	757
application for a bingo license under section 2915.08 of the	758
Revised Code or the conducting of any game of chance as provided	759
in division (D) of section 2915.02 of the Revised Code.	760

(I) "Religious organization" means any church, body of	761
communicants, or group that is not organized or operated for	762
profit and that gathers in common membership for regular worship	763
and religious observances.	764

(J) "Educational organization" means any organization within	765
this state that is not organized for profit, the primary purpose	766
of which is to educate and develop the capabilities of individuals	767
through instruction by means of operating or contributing to the	768
support of a school, academy, college, or university.	769

(K) "Veteran's organization" means any individual post or	770
state headquarters of a national veteran's association or an	771
auxiliary unit of any individual post of a national veteran's	772
association, which post, state headquarters, or auxiliary unit has	773
been in continuous existence in this state for at least two years	774
and incorporated as a nonprofit corporation and either has	775
received a letter from the state headquarters of the national	776
veteran's association indicating that the individual post or	777
auxiliary unit is in good standing with the national veteran's	778
association or has received a letter from the national veteran's	779
association indicating that the state headquarters is in good	780
standing with the national veteran's association. As used in this	781
division, "national veteran's association" means any veteran's	782
association that has been in continuous existence as such for a	783
period of at least five years and either is incorporated by an act	784
of the United States congress or has a national dues-paying	785
membership of at least five thousand persons.	786

(L) "Volunteer firefighter's organization" means any	787
organization of volunteer firefighters, as defined in section	788
146.01 of the Revised Code, that is organized and operated	789
exclusively to provide financial support for a volunteer fire	790
department or a volunteer fire company and that is recognized or	791
ratified by a county, municipal corporation, or township.	792

(M) "Fraternal organization" means any society, order, state	793
headquarters, or association within this state, except a college	794
or high school fraternity, that is not organized for profit, that	795
is a branch, lodge, or chapter of a national or state	796
organization, that exists exclusively for the common business or	797
sodality of its members, and that has been in continuous existence	798
in this state for a period of five years.	799

(N) "Volunteer rescue service organization" means any	800
organization of volunteers organized to function as an emergency	801
medical service organization, as defined in section 4765.01 of the	802
Revised Code.	803

(O) "Service organization" means either of the following:

804

(1) Any organization, not organized for profit, that is	805
organized and operated exclusively to provide, or to contribute to	806
the support of organizations or institutions organized and	807
operated exclusively to provide, medical and therapeutic services	808
for persons who are crippled, born with birth defects, or have any	809
other mental or physical defect or those organized and operated	810
exclusively to protect, or to contribute to the support of	811
organizations or institutions organized and operated exclusively	812
to protect, animals from inhumane treatment or provide immediate	813
shelter to victims of domestic violence;	814

(2) Any organization that is described in subsection	815
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	816
and is either a governmental unit or an organization that is tax	817
exempt under subsection 501(a) and described in subsection	818
501(c)(3) of the Internal Revenue Code and that is an	819
organization, not organized for profit, that is organized and	820
operated primarily to provide, or to contribute to the support of	821
organizations or institutions organized and operated primarily to	822
provide, medical and therapeutic services for persons who are	823
crippled, born with birth defects, or have any other mental or	824
physical defect.	825

(P) "Nonprofit medical organization" means either of the	826
following:	827

(1) Any organization that has been incorporated as a	828
nonprofit corporation for at least five years and that has	829
continuously operated and will be operated exclusively to provide,	830
or to contribute to the support of organizations or institutions	831
organized and operated exclusively to provide, hospital, medical,	832
research, or therapeutic services for the public;	833

(2) Any organization that is described and qualified under	834
subsection 501(c)(3) of the Internal Revenue Code, that has been	835
incorporated as a nonprofit corporation for at least five years,	836
and that has continuously operated and will be operated primarily	837
to provide, or to contribute to the support of organizations or	838
institutions organized and operated primarily to provide,	839
hospital, medical, research, or therapeutic services for the	840
public.	841

(Q) "Senior citizen's organization" means any private	842
organization, not organized for profit, that is organized and	843
operated exclusively to provide recreational or social services	844
for persons who are fifty-five years of age or older and that is	845
described and qualified under subsection 501(c)(3) of the Internal	846
Revenue Code.	847

(R) "Charitable bingo game" means any bingo game described in	848
division (S)(1) or (2) of this section that is conducted by a	849
charitable organization that has obtained a license pursuant to	850
section 2915.08 of the Revised Code and the proceeds of which are	851
used for a charitable purpose.	852

(S) "Bingo" means either of the following:

853

(1) A game with all of the following characteristics:

854

(a) The participants use bingo cards or sheets, including	855
paper formats and electronic representation or image formats, that	856
are divided into twenty-five spaces arranged in five horizontal	857
and five vertical rows of spaces, with each space, except the	858
central space, being designated by a combination of a letter and a	859
number and with the central space being designated as a free	860
space.	861

(b) The participants cover the spaces on the bingo cards or	862
sheets that correspond to combinations of letters and numbers that	863
are announced by a bingo game operator.	864

(c) A bingo game operator announces combinations of letters	865
and numbers that appear on objects that a bingo game operator	866
selects by chance, either manually or mechanically, from a	867
receptacle that contains seventy-five objects at the beginning of	868
each game, each object marked by a different combination of a	869
letter and a number that corresponds to one of the seventy-five	870
possible combinations of a letter and a number that can appear on	871
the bingo cards or sheets.	872

(d) The winner of the bingo game includes any participant who	873
properly announces during the interval between the announcements	874
of letters and numbers as described in division (S)(1)(c) of this	875
section, that a predetermined and preannounced pattern of spaces	876
has been covered on a bingo card or sheet being used by the	877
participant.	878

(2) Instant bingo, punch boards, and raffles.

879

(T) "Conduct" means to back, promote, organize, manage, carry	880
on, sponsor, or prepare for the operation of bingo or a game of	881
chance.	882

(U) "Bingo game operator" means any person, except security	883
personnel, who performs work or labor at the site of bingo,	884
including, but not limited to, collecting money from participants,	885
handing out bingo cards or sheets or objects to cover spaces on	886
bingo cards or sheets, selecting from a receptacle the objects	887
that contain the combination of letters and numbers that appear on	888
bingo cards or sheets, calling out the combinations of letters and	889
numbers, distributing prizes, selling or redeeming instant bingo	890
tickets or cards, supervising the operation of a punch board,	891
selling raffle tickets, selecting raffle tickets from a receptacle	892
and announcing the winning numbers in a raffle, and preparing,	893
selling, and serving food or beverages.	894

(V) "Participant" means any person who plays bingo.

895

(W) "Bingo session" means a period that includes both of the	896
following:	897

(1) Not to exceed five continuous hours for the conduct of	898
one or more games described in division (S)(1) of this section,	899
instant bingo, and seal cards;	900

(2) A period for the conduct of instant bingo and seal cards	901
for not more than two hours before and not more than two hours	902
after the period described in division (W)(1) of this section.	903

(X) "Gross receipts" means all money or assets, including	904
admission fees, that a person receives from bingo without the	905
deduction of any amounts for prizes paid out or for the expenses	906
of conducting bingo. "Gross receipts" does not include any money	907
directly taken in from the sale of food or beverages by a	908
charitable organization conducting bingo, or by a bona fide	909
auxiliary unit or society of a charitable organization conducting	910
bingo, provided all of the following apply:	911

(1) The auxiliary unit or society has been in existence as a	912
bona fide auxiliary unit or society of the charitable organization	913
for at least two years prior to conducting bingo.	914

(2) The person who purchases the food or beverage receives	915
nothing of value except the food or beverage and items customarily	916
received with the purchase of that food or beverage.	917

(3) The food and beverages are sold at customary and	918
reasonable prices.	919

(Y) "Security personnel" includes any person who either is a	920
sheriff, deputy sheriff, marshal, deputy marshal, township	921
constable, or member of an organized police department of a	922
municipal corporation or has successfully completed a peace	923
officer's training course pursuant to sections 109.71 to 109.79 of	924
the Revised Code and who is hired to provide security for the	925
premises on which bingo is conducted.	926

(Z) "Charitable purpose" means that the net profit of bingo,	927
other than instant bingo, is used by, or is given, donated, or	928
otherwise transferred to, any of the following:	929

(1) Any organization that is described in subsection	930
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	931
and is either a governmental unit or an organization that is tax	932
exempt under subsection 501(a) and described in subsection	933
501(c)(3) of the Internal Revenue Code;	934

(2) A veteran's organization that is a post, chapter, or	935
organization of veterans, or an auxiliary unit or society of, or a	936
trust or foundation for, any such post, chapter, or organization	937
organized in the United States or any of its possessions, at least	938
seventy-five per cent of the members of which are veterans and	939
substantially all of the other members of which are individuals	940
who are spouses, widows, or widowers of veterans, or such	941
individuals, provided that no part of the net earnings of such	942
post, chapter, or organization inures to the benefit of any	943
private shareholder or individual, and further provided that the	944
net profit is used by the post, chapter, or organization for the	945
charitable purposes set forth in division (B)(12) of section	946
5739.02 of the Revised Code, is used for awarding scholarships to	947
or for attendance at an institution mentioned in division (B)(12)	948
of section 5739.02 of the Revised Code, is donated to a	949
governmental agency, or is used for nonprofit youth activities,	950
the purchase of United States or Ohio flags that are donated to	951
schools, youth groups, or other bona fide nonprofit organizations,	952
promotion of patriotism, or disaster relief;	953

(3) A fraternal organization that has been in continuous	954
existence in this state for fifteen years and that uses the net	955
profit exclusively for religious, charitable, scientific,	956
literary, or educational purposes, or for the prevention of	957
cruelty to children or animals, if contributions for such use	958
would qualify as a deductible charitable contribution under	959
subsection 170 of the Internal Revenue Code;	960

(4) A volunteer firefighter's organization that uses the net	961
profit for the purposes set forth in division (L) of this section.	962

(AA) "Internal Revenue Code" means the "Internal Revenue Code	963
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	964
amended.	965

(BB) "Youth athletic organization" means any organization,	966
not organized for profit, that is organized and operated	967
exclusively to provide financial support to, or to operate,	968
athletic activities for persons who are twenty-one years of age or	969
younger by means of sponsoring, organizing, operating, or	970
contributing to the support of an athletic team, club, league, or	971
association.	972

(CC) "Youth athletic park organization" means any	973
organization, not organized for profit, that satisfies both of the	974
following:	975

(1) It owns, operates, and maintains playing fields that	976
satisfy both of the following:	977

(a) The playing fields are used at least one hundred days per	978
year for athletic activities by one or more organizations, not	979
organized for profit, each of which is organized and operated	980
exclusively to provide financial support to, or to operate,	981
athletic activities for persons who are eighteen years of age or	982
younger by means of sponsoring, organizing, operating, or	983
contributing to the support of an athletic team, club, league, or	984
association.	985

(b) The playing fields are not used for any profit-making	986
activity at any time during the year.	987

(2) It uses the proceeds of bingo it conducts exclusively for	988
the operation, maintenance, and improvement of its playing fields	989
of the type described in division (CC)(1) of this section.	990

(DD) "Amateur athletic organization" means any organization,	991
not organized for profit, that is organized and operated	992
exclusively to provide financial support to, or to operate,	993
athletic activities for persons who are training for amateur	994
athletic competition that is sanctioned by a national governing	995
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	996
3045, 36 U.S.C.A. 373.	997

(EE) "Bingo supplies" means bingo cards or sheets; instant	998
bingo tickets or cards; electronic bingo aids; raffle tickets;	999
punch boards; seal cards; instant bingo ticket dispensers; and	1000
devices for selecting or displaying the combination of bingo	1001
letters and numbers or raffle tickets. Items that are "bingo	1002
supplies" are not gambling devices if sold or otherwise provided,	1003
and used, in accordance with this chapter. For purposes of this	1004
chapter, "bingo supplies" are not to be considered equipment used	1005
to conduct a bingo game.	1006

(FF) "Instant bingo" means a form of bingo that uses folded	1007
or banded tickets or paper cards with perforated break-open tabs,	1008
a face of which is covered or otherwise hidden from view to	1009
conceal a number, letter, or symbol, or set of numbers, letters,	1010
or symbols, some of which have been designated in advance as prize	1011
winners. "Instant bingo" includes seal cards. "Instant bingo" does	1012
not include any device that is activated by the insertion of a	1013
coin, currency, token, or an equivalent, and that contains as one	1014
of its components a video display monitor that is capable of	1015
displaying numbers, letters, symbols, or characters in winning or	1016
losing combinations.	1017

(GG) "Seal card" means a form of instant bingo that uses	1018
instant bingo tickets in conjunction with a board or placard that	1019
contains one or more seals that, when removed or opened, reveal	1020
predesignated winning numbers, letters, or symbols.	1021

(HH) "Raffle" means a form of bingo in which the one or more	1022
prizes are won by one or more persons who have purchased a raffle	1023
ticket. The one or more winners of the raffle are determined by	1024
drawing a ticket stub or other detachable section from a	1025
receptacle containing ticket stubs or detachable sections	1026
corresponding to all tickets sold for the raffle.	1027

(II) "Punch board" means a board containing a number of holes	1028
or receptacles of uniform size in which are placed, mechanically	1029
and randomly, serially numbered slips of paper that may be punched	1030
or drawn from the hole or receptacle when used in conjunction with	1031
instant bingo. A player may punch or draw the numbered slips of	1032
paper from the holes or receptacles and obtain the prize	1033
established for the game if the number drawn corresponds to a	1034
winning number or, if the punch board includes the use of a seal	1035
card, a potential winning number.	1036

(JJ) "Gross profit" means gross receipts minus the amount	1037
actually expended for the payment of prize awards.	1038

(KK) "Net profit" means gross profit minus expenses.

1039

(LL) "Expenses" means the reasonable amount of gross profit	1040
actually expended for all of the following:	1041

(1) The purchase or lease of bingo supplies;

1042

(2) The annual license fee required under section 2915.08 of	1043
the Revised Code;	1044

(3) Bank fees and service charges for a bingo session or game	1045
account described in section 2915.10 of the Revised Code;	1046

(4) Audits and accounting services;

1047

(5) Safes;

1048

(6) Cash registers;

1049

(7) Hiring security personnel;

1050

(8) Advertising bingo;

1051

(9) Renting premises in which to conduct a bingo session;

1052

(10) Tables and chairs;

1053

(11) Expenses for maintaining and operating a charitable	1054
organization's facilities, including, but not limited to, a post	1055
home, club house, lounge, tavern, or canteen and any grounds	1056
attached to the post home, club house, lounge, tavern, or canteen;	1057

(12) Any other product or service directly related to the	1058
conduct of bingo that is authorized in rules adopted by the	1059
attorney general under division (B)(1) of section 2915.08 of the	1060
Revised Code.	1061

(MM) "Person" has the same meaning as in section 1.59 of the	1062
Revised Code and includes any firm or any other legal entity,	1063
however organized.	1064

(NN) "Revoke" means to void permanently all rights and	1065
privileges of the holder of a license issued under section	1066
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	1067
gaming license issued by another jurisdiction.	1068

(OO) "Suspend" means to interrupt temporarily all rights and	1069
privileges of the holder of a license issued under section	1070
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	1071
gaming license issued by another jurisdiction.	1072

(PP) "Distributor" means any person who purchases or obtains	1073
bingo supplies and who does either of the following:	1074

(1) Sells, offers for sale, or otherwise provides or offers	1075
to provide the bingo supplies to another person for use in this	1076
state;	1077

(2) Modifies, converts, adds to, or removes parts from the	1078
bingo supplies to further their promotion or sale for use in this	1079
state.	1080

(QQ) "Manufacturer" means any person who assembles completed	1081
bingo supplies from raw materials, other items, or subparts or who	1082
modifies, converts, adds to, or removes parts from bingo supplies	1083
to further their promotion or sale.	1084

(RR) "Gross annual revenues" means the annual gross receipts	1085
derived from the conduct of bingo described in division (S)(1) of	1086
this section plus the annual net profit derived from the conduct	1087
of bingo described in division (S)(2) of this section.	1088

(SS) "Instant bingo ticket dispenser" means a mechanical	1089
device that dispenses an instant bingo ticket or card as the sole	1090
item of value dispensed and that has the following	1091
characteristics:	1092

(1) It is activated upon the insertion of United States	1093
currency.	1094

(2) It performs no gaming functions.

1095

(3) It does not contain a video display monitor or generate	1096
noise.	1097

(4) It is not capable of displaying any numbers, letters,	1098
symbols, or characters in winning or losing combinations.	1099

(5) It does not simulate or display rolling or spinning	1100
reels.	1101

(6) It is incapable of determining whether a dispensed bingo	1102
ticket or card is a winning or nonwinning ticket or card and	1103
requires a winning ticket or card to be paid by a bingo game	1104
operator.	1105

(7) It may provide accounting and security features to aid in	1106
accounting for the instant bingo tickets or cards it dispenses.	1107

(8) It is not part of an electronic network and is not	1108
interactive.	1109

(TT)(1) "Electronic bingo aid" means an electronic device	1110
used by a participant to monitor bingo cards or sheets purchased	1111
at the time and place of a bingo session and that does all of the	1112
following:	1113

(a) It provides a means for a participant to input numbers	1114
and letters announced by a bingo caller.	1115

(b) It compares the numbers and letters entered by the	1116
participant to the bingo faces previously stored in the memory of	1117
the device.	1118

(c) It identifies a winning bingo pattern.

1119

(2) "Electronic bingo aid" does not include any device into	1120
which a coin, currency, token, or an equivalent is inserted to	1121
activate play.	1122

(UU) "Deal of instant bingo tickets" means a single game of	1123
instant bingo tickets all with the same serial number.	1124

(VV)(1) "Slot" machine means either of the following:

1125

(a) Any mechanical, electronic, video, or digital device that	1126
is capable of accepting anything of value, directly or indirectly,	1127
from or on behalf of a player who gives the thing of value in the	1128
hope of gain, the outcome of which is determined largely or wholly	1129
by chance;	1130

(b) Any mechanical, electronic, video, or digital device that	1131
is capable of accepting anything of value, directly or indirectly,	1132
from or on behalf of a player to conduct or dispense bingo or a	1133
scheme or game of chance.	1134

(2) "Slot machine" does not include a skill-based amusement	1135
machine.	1136

(WW) "Net profit from the proceeds of the sale of instant	1137
bingo" means gross profit minus the ordinary, necessary, and	1138
reasonable expense expended for the purchase of instant bingo	1139
supplies.	1140

(XX) "Charitable instant bingo organization" means an	1141
organization that is exempt from federal income taxation under	1142
subsection 501(a) and described in subsection 501(c)(3) of the	1143
Internal Revenue Code and is a charitable organization as defined	1144
in this section. A "charitable instant bingo organization" does	1145
not include a charitable organization that is exempt from federal	1146
income taxation under subsection 501(a) and described in	1147
subsection 501(c)(3) of the Internal Revenue Code and that is	1148
created by a veteran's organization, a fraternal organization, or	1149
a sporting organization in regards to bingo conducted or assisted	1150
by a veteran's organization, a fraternal organization, or a	1151
sporting organization pursuant to section 2915.13 of the Revised	1152
Code.	1153

(YY) "Game flare" means the board or placard that accompanies	1154
each deal of instant bingo tickets and that has printed on or	1155
affixed to it the following information for the game:	1156

(1) The name of the game;

1157

(2) The manufacturer's name or distinctive logo;

1158

(3) The form number;

1159

(4) The ticket count;

1160

(5) The prize structure, including the number of winning	1161
instant bingo tickets by denomination and the respective winning	1162
symbol or number combinations for the winning instant bingo	1163
tickets;	1164

(6) The cost per play;

1165

(7) The serial number of the game.

1166

(ZZ) "Historic railroad educational organization" means an	1167
organization that is exempt from federal income taxation under	1168
subsection 501(a) and described in subsection 501(c)(3) of the	1169
Internal Revenue Code, that owns in fee simple the tracks and the	1170
right of way of a historic railroad that the organization restores	1171
or maintains and on which the organization provides excursions as	1172
part of a program to promote tourism and educate visitors	1173
regarding the role of railroad transportation in Ohio history, and	1174
that received as donations from a charitable organization that	1175
holds a license to conduct bingo under this chapter an amount	1176
equal to at least fifty per cent of that licensed charitable	1177
organization's net proceeds from the conduct of bingo during each	1178
of the five years preceding June 30, 2003. "Historic railroad"	1179
means all or a portion of the tracks and right-of-way of a	1180
railroad that was owned and operated by a for profit common	1181
carrier in this state at any time prior to January 1, 1950.	1182

(AAA)(1) "Skill-based amusement machine" means a skill-based	1183
amusement device, such as a mechanical, electronic, video, or	1184
digital device, or machine, whether or not the skill-based	1185
amusement machine requires payment for use through a coin or bill	1186
validator or other payment of consideration or value to	1187
participate in the machine's offering or to activate the machine,	1188
provided that all of the following apply:	1189

(a) The machine involves a task, game, play, contest,	1190
competition, or tournament in which the player actively	1191
participates in the task, game, play, contest, competition, or	1192
tournament.	1193

(b) The outcome of an individual's play and participation is	1194
not determined largely or wholly by chance.	1195

(c) The outcome of play during a game is not controlled by a	1196
person not actively participating in the game.	1197

(2) All of the following apply to any machine that is	1198
operated as described in division (AAA)(1) of this section:	1199

(a) As used in this section, "task," "game," and "play" mean	1200
one event from the initial activation of the machine until the	1201
results of play are determined without payment of additional	1202
consideration. An individual utilizing a machine that involves a	1203
single task, game, play, contest, competition, or tournament may	1204
be awarded prizes based on the results of play.	1205

(b) Advance play for a single task, game, play, contest,	1206
competition, or tournament participation may be purchased. The	1207
cost of the contest, competition, or tournament participation may	1208
be greater than a single non-contest, competition, or tournament	1209
play.	1210

(c) To the extent that the machine is used in a contest,	1211
competition, or tournament, that contest, competition, or	1212
tournament has a defined starting and ending date and is open to	1213
participants in competition for scoring and ranking results toward	1214
the awarding of prizes that are stated prior to the start of the	1215
contest, competition, or tournament.	1216

(BBB) "Pool not conducted for profit" means a scheme in which	1217
a participant gives a valuable consideration for a chance to win a	1218
prize and the total amount of consideration wagered is distributed	1219
to a participant or participants.	1220

(CCC) "Sporting organization" means a hunting, fishing, or	1221
trapping organization, other than a college or high school	1222
fraternity or sorority, that is not organized for profit, that is	1223
affiliated with a state or national sporting organization,	1224
including but not limited to, the Ohio League of sportsmen, and	1225
that has been in continuous existence in this state for a period	1226
of three years.	1227

(DDD) "Community action agency" has the same meaning as in	1228
section 122.66 of the Revised Code.	1229

Sec. 2915.092.  (A)(1) Subject to division (A)(2) of this	1230
section, a charitable organization, a public school, a chartered	1231
nonpublic school, a community school, or a veteran's organization,	1232
fraternal organization, or sporting organization that is exempt	1233
from federal income taxation under subsection 501(a) and is	1234
described in subsection 501(c)(3), 501(c)(4), 501(c)(7),	1235
501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code	1236
may conduct a raffle to raise money for the organization or school	1237
and does not need a license to conduct bingo in order to conduct a	1238
raffle drawing that is not for profit.	1239

(2) If a charitable organization that is described in	1240
division (A)(1) of this section, but that is not also described in	1241
subsection 501(c)(3) of the Internal Revenue Code, conducts a	1242
raffle, the charitable organization shall distribute at least	1243
fifty per cent of the net profit from the raffle to a charitable	1244
purpose described in division (Z) of section 2915.01 of the	1245
Revised Code or to a department or agency of the federal	1246
government, the state, or any political subdivision.	1247

(B) Except as provided in division (A) or (B) of this	1248
section, no person shall conduct a raffle drawing that is for	1249
profit or a raffle drawing that is not for profit.	1250

(C) Whoever violates division (B) of this section is guilty	1251
of illegal conduct of a raffle. Except as otherwise provided in	1252
this division, illegal conduct of a raffle is a misdemeanor of the	1253
first degree. If the offender previously has been convicted of a	1254
violation of division (B) of this section, illegal conduct of a	1255
raffle is a felony of the fifth degree.	1256

Section 2. That existing sections 2901.04, 2909.01, 2909.04,	1257
2909.07, 2913.01, and 2913.04 of the Revised Code are hereby	1258
repealed.	1259

Section 3. The versions of sections 2915.01 and 2915.092 of	1260
the Revised Code presented in this act prevail over the versions	1261
of those sections presented in Sub. H.B. 325 of the 125th General	1262
Assembly.	1263