(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 |
(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 |
(F) "Computer contaminant" means a computer program that is | 97 |
designed to modify, damage, destroy, disable, deny or degrade | 98 |
access to, allow unauthorized access to, functionally impair, | 99 |
record, or transmit information within a computer, computer | 100 |
system, or computer network without the express or implied consent | 101 |
of the owner or other person authorized to give consent and that | 102 |
is of a type or kind described in divisions (F)(1) to (4) of this | 103 |
section or of a type or kind similar to a type or kind described | 104 |
in divisions (F)(1) to (4) of this section: | 105 |
(1) A group of computer programs commonly known as "viruses" | 106 |
and "worms" that are self-replicating or self-propagating and that | 107 |
are designed to contaminate other computer programs, compromise | 108 |
computer security, consume computer resources, modify, destroy, | 109 |
record, or transmit data, or disrupt the normal operation of the | 110 |
computer, computer system, or computer network; | 111 |
(2) A group of computer programs commonly known as "Trojans" | 112 |
or "Trojan horses" that are not self-replicating or | 113 |
self-propagating and that are designed to compromise computer | 114 |
security, consume computer resources, modify, destroy, record, or | 115 |
transmit data, or disrupt the normal operation of the computer, | 116 |
computer system, or computer network; | 117 |
(3) A group of computer programs commonly known as "zombies" | 118 |
that are designed to use a computer without the knowledge and | 119 |
consent of the appropriate principal and that are designed to send | 120 |
large quantities of data to a targeted computer network for the | 121 |
purpose of degrading the targeted computer's or network's | 122 |
performance, or denying access through the network to the targeted | 123 |
computer or network, resulting in what is commonly known as | 124 |
"Denial of Service" or "Distributed Denial of Service" attacks; | 125 |
(1) Interrupt or impair television, radio, telephone, | 136 |
telegraph, or other mass communications service; police,
fire,
or | 137 |
other public service communications; radar, loran, radio,
or other | 138 |
electronic aids to air or marine navigation or
communications; or | 139 |
amateur or citizens band radio
communications
being used for | 140 |
public service or emergency communications; | 141 |
(B) No person shall knowingly use any computer, computer | 150 |
system, computer network, telecommunications device, or other | 151 |
electronic device or system or the internet so as to disrupt, | 152 |
interrupt, or impair the functions of any police, fire, | 153 |
educational, commercial, or governmental operations. | 154 |
(5)
"Health care worker" means an individual, other than an | 183 |
individual specified in division (C)(D)(2)(a),
(b), or (c) of this | 184 |
section, who provides medical or other health-related care or | 185 |
treatment in an
emergency facility, including medical technicians, | 186 |
medical assistants, orderlies, aides, or individuals acting in | 187 |
similar
capacities. | 188 |
(4) Without privilege to do so, knowingly move, deface, | 202 |
damage, destroy, or otherwise improperly tamper with any safety | 203 |
device, the property of another, or the property of the offender | 204 |
when required or placed for the safety of others, so as to
destroy | 205 |
or diminish its effectiveness or availability for its
intended | 206 |
purpose; | 207 |
(a) In any manner or by any means, including, but not limited | 218 |
to, computer hacking, alter, damage, destroy, or modify a | 219 |
computer, computer system, computer network, computer software, or | 220 |
computer program or data contained in a computer, computer system, | 221 |
computer network, computer software, or computer program; | 222 |
(B) As used in this section, "safety device" means any
fire | 226 |
extinguisher, fire hose, or fire axe, or any fire escape, | 227 |
emergency exit, or emergency escape equipment, or any life line, | 228 |
life-saving ring, life preserver, or life boat or raft, or any | 229 |
alarm, light, flare, signal, sign, or notice intended to warn of | 230 |
danger or emergency, or intended for other safety purposes, or
any | 231 |
guard railing or safety barricade, or any traffic sign or
signal, | 232 |
or any railroad grade crossing sign, signal, or gate, or
any first | 233 |
aid or survival equipment, or any other device,
apparatus, or | 234 |
equipment intended for protecting or preserving the
safety of | 235 |
persons or property. | 236 |
(2) Except as otherwise provided in this division, criminal | 240 |
mischief committed in violation of division (A)(1), (2), (3), (4), | 241 |
or (5) of this section is a misdemeanor of the third degree. If | 242 |
Except as otherwise provided in this division, if the violation of | 243 |
division (A)(1), (2), (3), (4), or (5) of this section creates a | 244 |
risk of physical harm to any person,
criminal mischief committed | 245 |
in violation of division (A)(1), (2), (3), (4), or (5) of this | 246 |
section is a misdemeanor of the first degree. If the
property | 247 |
involved in the violation of division (A)(1), (2), (3), (4), or | 248 |
(5) of this section is an aircraft, an
aircraft engine, propeller, | 249 |
appliance, spare part, fuel,
lubricant, hydraulic fluid, any other | 250 |
equipment, implement, or
material used or intended to be used in | 251 |
the operation of an
aircraft, or any cargo carried or intended to | 252 |
be carried in an
aircraft and if, criminal mischief committed in | 253 |
violation of division (A)(1), (2), (3), (4), or (5) of this | 254 |
section is one of the following: | 255 |
(a) If the violation creates a risk of physical harm to
any | 256 |
person, criminal mischiefexcept as otherwise provided in division | 257 |
(C)(2)(b) of this section, criminal mischief committed in | 258 |
violation of division (A)(1), (2), (3), (4), or (5) of this | 259 |
section is a felony of
the fifth degree. If the property involved | 260 |
in violation of
this section is an aircraft, an aircraft engine, | 261 |
propeller, appliance, spare
part, fuel, lubricant, hydraulic | 262 |
fluid, any other equipment, implement, or
material used or | 263 |
intended to be used in the operation of an aircraft, or any
cargo | 264 |
carried or intended to be carried in an aircraft and if | 265 |
(3) Except as otherwise provided in this division, criminal | 271 |
mischief committed in violation of division (A)(6) of this section | 272 |
is a misdemeanor of the first degree. Except as otherwise provided | 273 |
in this division, if the value of the computer, computer system, | 274 |
computer network, computer software, computer program, or data | 275 |
involved in the violation of division (A)(6) of this section or | 276 |
the loss to the victim resulting from the violation is one | 277 |
thousand dollars or more and less than ten thousand dollars, or if | 278 |
the computer, computer system, computer network, computer | 279 |
software, computer program, or data involved in the violation of | 280 |
division (A)(6) of this section is used or intended to be used in | 281 |
the operation of an aircraft and the violation creates a risk of | 282 |
physical harm to any person, criminal mischief committed in | 283 |
violation of division (A)(6) of this section is a felony of the | 284 |
fifth degree. If the value of the computer, computer system, | 285 |
computer network, computer software, computer program, or data | 286 |
involved in the violation of division (A)(6) of this section or | 287 |
the loss to the victim resulting from the violation is ten | 288 |
thousand dollars or more, or if 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 is | 291 |
used or intended to be used in the operation of an aircraft and | 292 |
the violation creates a substantial risk of physical harm to any | 293 |
person or the aircraft in question is an occupied aircraft, | 294 |
criminal mischief committed in violation of division (A)(6) of | 295 |
this section is a felony of the fourth degree. | 296 |
(A) "Deception" means knowingly deceiving another or
causing | 299 |
another to be deceived by any false or misleading
representation, | 300 |
by withholding information, by preventing another
from acquiring | 301 |
information, or by any other conduct, act, or
omission that | 302 |
creates, confirms, or perpetuates a false
impression in another, | 303 |
including a false impression as to law,
value, state of mind, or | 304 |
other objective or subjective fact. | 305 |
(D) "Owner" means, unless the context requires a different | 320 |
meaning, any person, other than the actor, who is
the owner of, | 321 |
who has possession or control of, or who has
any license
or | 322 |
interest in property or services, even though the ownership, | 323 |
possession, control, license, or interest is unlawful. | 324 |
(E) "Services" include labor, personal services,
professional | 325 |
services, public utility services, common carrier
services, and | 326 |
food, drink, transportation, entertainment, and
cable television | 327 |
services
and, for purposes of section 2913.04 of
the Revised Code, | 328 |
include cable services as defined in that
section. | 329 |
(F) "Writing" means any computer software, document,
letter, | 330 |
memorandum, note, paper, plate, data, film, or other
thing having | 331 |
in or upon it any written, typewritten, or printed
matter, and any | 332 |
token, stamp, seal, credit card,
badge, trademark, label, or other | 333 |
symbol of value, right,
privilege, license, or identification. | 334 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 353 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 354 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32, | 355 |
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 356 |
2913.47, former section
2913.47 or 2913.48, or section 2913.51, | 357 |
2915.05,
or 2921.41 of the Revised Code; | 358 |
(3) An offense under an existing or former municipal | 364 |
ordinance or law of this or any other state, or of the United | 365 |
States, involving robbery, burglary, breaking and entering,
theft, | 366 |
embezzlement, wrongful conversion, forgery,
counterfeiting, | 367 |
deceit, or fraud; | 368 |
(M) "Computer" means an electronic device that performs | 376 |
logical, arithmetic, and memory functions by the manipulation of | 377 |
electronic or magnetic impulses. "Computer" includes, but is not | 378 |
limited to, all input, output, processing, storage, computer | 379 |
program, or communication facilities that are connected, or | 380 |
related, in a computer system or network to an electronic
device | 381 |
of that nature. | 382 |
(N) "Computer system" means a computer and related
devices, | 383 |
whether connected or unconnected, including, but not
limited to, | 384 |
data input, output, and storage devices, data
communications | 385 |
links, and computer programs and data that make
the system capable | 386 |
of performing specified special purpose data
processing tasks. | 387 |
(R) "Data" means a representation of information,
knowledge, | 399 |
facts, concepts, or instructions that are being or
have been | 400 |
prepared in a formalized manner and that are intended
for use in a | 401 |
computer, computer system, or computer
network. For
purposes
of | 402 |
section 2913.47 of the Revised Code, "data" has the additional | 403 |
meaning set forth in division (A) of that section. | 404 |
(T) "Gain access" means to approach, instruct, communicate | 411 |
with, store data in, retrieve data from, or otherwise make use of | 412 |
any resources of a computer, computer system, or computer
network, | 413 |
or any cable service or cable system both as defined in section | 414 |
2913.04 of the Revised Code. | 415 |
(U) "Credit card" includes, but is not limited to, a card, | 416 |
code, device, or other means of access to a customer's account
for | 417 |
the purpose of obtaining money, property, labor, or services
on | 418 |
credit, or for initiating an electronic fund transfer at a | 419 |
point-of-sale terminal, an automated teller machine, or a cash | 420 |
dispensing machine. It also includes a county procurement card | 421 |
issued under section 301.29 of the Revised Code. | 422 |
(X) "Telecommunication" means the origination,
emission, | 432 |
dissemination, transmission, or reception of data, images, | 433 |
signals,
sounds, or other intelligence or equivalence of | 434 |
intelligence of
any nature over any communications system by any | 435 |
method,
including, but not limited to, a fiber optic, electronic, | 436 |
magnetic, optical, digital, or analog method. | 437 |
(Y) "Telecommunications
device" means any instrument, | 438 |
equipment, machine, or other
device that facilitates | 439 |
telecommunication, including, but not
limited to, a computer, | 440 |
computer network, computer chip, computer
circuit, scanner, | 441 |
telephone, cellular telephone, pager, personal
communications | 442 |
device, transponder, receiver, radio, modem, or
device that | 443 |
enables the use of a modem. | 444 |
(AA) "Counterfeit
telecommunications device" means a | 449 |
telecommunications device that,
alone or with another | 450 |
telecommunications device, has been altered,
constructed, | 451 |
manufactured, or programmed to acquire, intercept, receive, or | 452 |
otherwise facilitate the use of a telecommunications service or | 453 |
information
service without the
authority or consent of the | 454 |
provider of the telecommunications
service or information service. | 455 |
"Counterfeit telecommunications device"
includes, but
is not | 456 |
limited to, a clone telephone, clone microchip, tumbler
telephone, | 457 |
or tumbler microchip; a wireless scanning device
capable of | 458 |
acquiring, intercepting, receiving, or otherwise
facilitating the | 459 |
use of telecommunications service or information service
without | 460 |
immediate detection; or a device, equipment, hardware, or software | 461 |
designed for, or capable of, altering or changing the electronic | 462 |
serial number
in a wireless telephone. | 463 |
(BB)(1) "Information
service" means, subject to division | 464 |
(BB)(2) of this section, the
offering of a capability for | 465 |
generating, acquiring, storing,
transforming, processing, | 466 |
retrieving, utilizing, or making
available information via | 467 |
telecommunications, including, but not
limited to, electronic | 468 |
publishing. | 469 |
(DD) "Disabled adult" means a person who is eighteen years
of | 476 |
age
or older
and has some impairment of body or mind that makes | 477 |
the person unfit to work
at any substantially remunerative | 478 |
employment that the person
otherwise would be able to perform and | 479 |
that will, with reasonable
probability, continue for a period of | 480 |
at least twelve months
without any present indication of recovery | 481 |
from the impairment, or who is
eighteen years of age or older and | 482 |
has been certified as permanently and
totally disabled by an | 483 |
agency
of this state or the United States that has the function of | 484 |
so classifying persons. | 485 |
(b) Misusing computer or network services including, but not | 500 |
limited to, mail transfer programs, file transfer programs, proxy | 501 |
servers, and web servers by performing functions not authorized by | 502 |
the appropriate principal of the computer, computer system, or | 503 |
computer network. As used in this division, "misuse of computer | 504 |
and network services" includes, but is not limited to, the | 505 |
unauthorized use of any of the following: | 506 |
(c)(i) Subject to division (II)(1)(c)(ii) of this section, | 513 |
using a group of computer programs commonly known as "port | 514 |
scanners" or "probes" to intentionally access any computer, | 515 |
computer system, or computer network without the permission of the | 516 |
appropriate principal of the computer, computer system, or | 517 |
computer network. The group of computer programs referred to in | 518 |
this division includes, but is not limited to, those computer | 519 |
programs that use a computer network to access a computer, | 520 |
computer system, or another computer network to determine any of | 521 |
the following: the presence or types of computers or computer | 522 |
systems on a network; the computer network's facilities and | 523 |
capabilities; the availability of computer or network services; | 524 |
the presence or versions of computer software including, but not | 525 |
limited to, operating systems, computer services, or computer | 526 |
contaminants; the presence of a known computer software deficiency | 527 |
that can be used to gain unauthorized access to a computer, | 528 |
computer system, or computer network; or any other information | 529 |
about a computer, computer system, or computer network not | 530 |
necessary for the normal and lawful operation of the computer | 531 |
initiating the access. | 532 |
(ii) The group of computer programs referred to in division | 533 |
(II)(1)(c)(i) of this section does not include standard computer | 534 |
software used for the normal operation, administration, | 535 |
management, and test of a computer, computer system, or computer | 536 |
network including, but not limited to, domain name services, mail | 537 |
transfer services, and other operating system services, computer | 538 |
programs commonly called "ping," "tcpdump," and "traceroute" and | 539 |
other network monitoring and management computer software, and | 540 |
computer programs commonly known as "nslookup" and "whois" and | 541 |
other systems administration computer software. | 542 |
(B) No person, in any manner and by any means, including, but | 554 |
not limited to, computer hacking, shall knowingly gain access to, | 555 |
attempt to
gain
access to, or cause access to be gained to any | 556 |
computer,
computer system, computer network,
cable service, cable | 557 |
system,
telecommunications
device, telecommunications service, or | 558 |
information service without the
consent of, or beyond the scope of | 559 |
the express or implied consent of, the
owner of the computer, | 560 |
computer system, computer network,
cable service, cable system, | 561 |
telecommunications device, telecommunications service, or | 562 |
information
service or other person authorized to give consent by | 563 |
the owner. | 564 |
(C) No person shall knowingly gain access to, attempt to gain | 565 |
access to, cause access to be granted to, or disseminate | 566 |
information gained from access to the law enforcement automated | 567 |
database system created pursuant to section 5503.10 of the Revised | 568 |
Code without the consent of, or beyond the scope of the express or | 569 |
implied consent of, the chair of the law enforcement automated | 570 |
data system steering committee. | 571 |
(3) If unauthorized use of computer, cable, or | 617 |
telecommunication property is committed for the purpose of | 618 |
devising or executing a scheme to defraud or to obtain property or | 619 |
services, for obtaining money, property, or services by false or | 620 |
fraudulent pretenses, or for committing any other criminal offense | 621 |
and if the value of the property or services involved or the loss | 622 |
to the victim is ten thousand dollars or more, unauthorized use of | 623 |
computer, cable, or telecommunication property is whichever of the | 624 |
following is applicable: | 625 |