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

To amend sections 2901.04, 2909.01, 2909.04, 2909.07,

1

2913.01, and 2913.04 of the Revised Code to expand

2

"disrupting public services" to specifically

3

prohibit the use of a computer, another specified

4

type of device or the Internet so as to disrupt,

5

interrupt, or impair any police, fire,

6

educational, commercial, or governmental function;

7

to expand "criminal mischief" to specifically

8

include certain conduct related to computer

9

hacking or the introduction of a computer

10

contaminant; to increase the penalty for

11

"unauthorized use of computer, cable, or

12

telecommunication property" when committed under

13

certain specified circumstances and when the value

14

of the involved property, services, or victim's

15

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

16

"computer hacking" within the scope of "criminal

17

mischief" and "unauthorized use of computer,

18

cable, or telecommunication property;" and to

19

provide a rule for interpreting statutory

20

references that define or specify a criminal

21

offense.

22

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

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

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

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

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

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

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

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

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

55

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(F) "Computer contaminant" means a computer program 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 know as "Denial	124
of Service" or "Distributed Denial of Service" attacks;	125

(4) A group of computer programs commonly know as "trap	126
doors," "back doors," or "root kits" that are designed to bypass	127
standard authentication software and that are designed to allow	128
access to or use of a computer without the knowledge or consent of	129
the appropriate principal.	130

(G) "Internet" has the same meaning as in section 341.42 of	131
the Revised Code.	132

Sec. 2909.04.  (A) No person, purposely by any means or	133
knowingly by damaging or tampering with any property, shall do any	134
of the following:	135

(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

(2) Interrupt or impair public transportation, including	142
without limitation school bus transportation, or water supply,	143
gas, power, or other utility service to the public;	144

(3) Substantially impair the ability of law enforcement	145
officers, firefighters, rescue personnel, emergency medical	146
services personnel, or emergency facility personnel to respond to	147
an emergency or to protect and preserve any person or property	148
from serious physical harm.	149

(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

(C) Whoever violates this section is guilty of disrupting	155
public services, a felony of the fourth degree.	156

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

157

(1) "Emergency medical services personnel" has the same	158
meaning as in section 2133.21 of the Revised Code.	159

(2) "Emergency facility personnel" means any of the	160
following:	161

(a) Any of the following individuals who perform services in	162
the ordinary course of their professions in an emergency facility:	163

(i) Physicians authorized under Chapter 4731. of the Revised	164
Code to practice medicine and surgery or osteopathic medicine and	165
surgery;	166

(ii) Registered nurses and licensed practical nurses licensed	167
under Chapter 4723. of the Revised Code;	168

(iii) Physician assistants authorized to practice under	169
Chapter 4730. of the Revised Code;	170

(iv) Health care workers;

171

(v) Clerical staffs.

172

(b) Any individual who is a security officer performing	173
security services in an emergency facility;	174

(c) Any individual who is present in an emergency facility,	175
who was summoned to the facility by an individual identified in	176
division (C)(D)(2)(a) or (b) of this section.	177

(3) "Emergency facility" means a hospital emergency	178
department or any other facility that provides emergency medical	179
services.	180

(4) "Hospital" has the same meaning as in section 3727.01 of	181
the Revised Code.	182

(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

Sec. 2909.07.  (A) No person shall:

189

(1) Without privilege to do so, knowingly move, deface,	190
damage, destroy, or otherwise improperly tamper with the property	191
of another;	192

(2) With purpose to interfere with the use or enjoyment of	193
property of another, employ a tear gas device, stink bomb, smoke	194
generator, or other device releasing a substance that is harmful	195
or offensive to persons exposed or that tends to cause public	196
alarm;	197

(3) Without privilege to do so, knowingly move, deface,	198
damage, destroy, or otherwise improperly tamper with a bench mark,	199
triangulation station, boundary marker, or other survey station,	200
monument, or marker;	201

(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

(5) With purpose to interfere with the use or enjoyment of	208
the property of another, set a fire on the land of another or	209
place personal property that has been set on fire on the land of	210
another, which fire or personal property is outside and apart from	211
any building, other structure, or personal property that is on	212
that land;	213

(6) Without privilege to do so, and with intent to impair the	214
functioning of any computer, computer system, computer network,	215
computer software, or computer program, knowingly do any of the	216
following:	217

(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) Introduce a computer contaminant into a computer,	223
computer system, computer network, computer software, or computer	224
program.	225

(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

(C)(1) Whoever violates division (A) or (B) of this section	237
is guilty of criminal mischief, and shall be punished as provided	238
in division (C)(2) or (3) of this section.	239

(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

(b) If the violation creates a substantial risk of physical	266
harm to any person or if the property involved in a violation of	267
this section is an occupied aircraft, criminal mischief committed	268
in violation of division (A)(1), (2), (3), (4), or (5) of this	269
section is a felony of the fourth degree.	270

(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

Sec. 2913.01.  As used in this chapter, unless the context	297
requires that a term be given a different meaning:	298

(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

(B) "Defraud" means to knowingly obtain, by deception, some	306
benefit for oneself or another, or to knowingly cause, by	307
deception, some detriment to another.	308

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

309

(1) Withhold property of another permanently, or for a period	310
that appropriates a substantial portion of its value or use, or	311
with purpose to restore it only upon payment of a reward or other	312
consideration;	313

(2) Dispose of property so as to make it unlikely that the	314
owner will recover it;	315

(3) Accept, use, or appropriate money, property, or services,	316
with purpose not to give proper consideration in return for the	317
money, property, or services, and without reasonable justification	318
or excuse for not giving proper consideration.	319

(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

(G) "Forge" means to fabricate or create, in whole or in part	335
and by any means, any spurious writing, or to make, execute,	336
alter, complete, reproduce, or otherwise purport to authenticate	337
any writing, when the writing in fact is not authenticated by that	338
conduct.	339

(H) "Utter" means to issue, publish, transfer, use, put or	340
send into circulation, deliver, or display.	341

(I) "Coin machine" means any mechanical or electronic device	342
designed to do both of the following:	343

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

344

(2) In return for the insertion or deposit of a coin, bill,	345
or token, automatically dispense property, provide a service, or	346
grant a license.	347

(J) "Slug" means an object that, by virtue of its size,	348
shape, composition, or other quality, is capable of being inserted	349
or deposited in a coin machine as an improper substitute for a	350
genuine coin, bill, or token made for that purpose.	351

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

352

(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

(2) A violation of an existing or former municipal ordinance	359
or law of this or any other state, or of the United States,	360
substantially equivalent to any section listed in division (K)(1)	361
of this section or a violation of section 2913.41, 2913.81, or	362
2915.06 of the Revised Code as it existed prior to July 1, 1996;	363

(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

(4) A conspiracy or attempt to commit, or complicity in	369
committing, any offense under division (K)(1), (2), or (3) of this	370
section.	371

(L) "Computer services" includes, but is not limited to, the	372
use of a computer system, computer network, computer program, data	373
that is prepared for computer use, or data that is contained	374
within a computer system or computer network.	375

(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

(O) "Computer network" means a set of related and remotely	388
connected computers and communication facilities that includes	389
more than one computer system that has the capability to transmit	390
among the connected computers and communication facilities through	391
the use of computer facilities.	392

(P) "Computer program" means an ordered set of data	393
representing coded instructions or statements that, when executed	394
by a computer, cause the computer to process data.	395

(Q) "Computer software" means computer programs, procedures,	396
and other documentation associated with the operation of a	397
computer system.	398

(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

(S) "Cable television service" means any services provided by	405
or through the facilities of any cable television system or other	406
similar closed circuit coaxial cable communications system, or any	407
microwave or similar transmission service used in connection with	408
any cable television system or other similar closed circuit	409
coaxial cable communications system.	410

(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

(V) "Electronic fund transfer" has the same meaning as in 92	423
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	424

(W) "Rented property" means personal property in which the	425
right of possession and use of the property is for a short and	426
possibly indeterminate term in return for consideration; the	427
rentee generally controls the duration of possession of the	428
property, within any applicable minimum or maximum term; and the	429
amount of consideration generally is determined by the duration of	430
possession of the property.	431

(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

(Z) "Telecommunications service" means the providing,	445
allowing, facilitating, or generating of any form of	446
telecommunication through the use of a telecommunications device	447
over a telecommunications system.	448

(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

(2) "Information service" does not include any use of a	470
capability of a type described in division (BB)(1) of this section	471
for the management, control, or operation of a telecommunications	472
system or the management of a telecommunications service.	473

(CC) "Elderly person" means a person who is sixty-five years	474
of age or older.	475

(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

(EE) "Firearm" and "dangerous ordnance" have the same	486
meanings as in section 2923.11 of the Revised Code.	487

(FF) "Motor vehicle" has the same meaning as in section	488
4501.01 of the Revised Code.	489

(GG) "Dangerous drug" has the same meaning as in section	490
4729.01 of the Revised Code.	491

(HH) "Drug abuse offense" has the same meaning as in section	492
2925.01 of the Revised Code.	493

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

494

(a) Gaining access or attempting to gain access to all or	495
part of a computer, computer system, or a computer network without	496
express or implied authorization for the purpose of establishing	497
contact only, with the intent to defraud or with malicious intent	498
to commit a crime after the contact is established;	499

(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

(i) Mail transfer programs to send mail to persons other than	507
the authorized users of that computer or computer network;	508

(ii) File transfer program proxy services or proxy servers to	509
access other computers, computer systems, or computer networks;	510

(iii) Web servers to redirect users to other web pages or web	511
servers.	512

(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

(d) The intentional use of a computer, computer system, or a	543
computer network in a manner that exceeds any right or permission	544
granted by the appropriate principal of the computer, computer	545
system, or computer network.	546

(2) "Computer hacking" does not include the introduction of a	547
computer contaminant, as defined in section 2909.02 of the Revised	548
Code, into a computer, computer system, computer program, or	549
computer network.	550

Sec. 2913.04.  (A) No person shall knowingly use or operate	551
the property of another without the consent of the owner or person	552
authorized to give consent.	553

(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

(D) The affirmative defenses contained in division (C) of	572
section 2913.03 of the Revised Code are affirmative defenses to a	573
charge under this section.	574

(E)(1) Whoever violates division (A) of this section is	575
guilty of unauthorized use of property.	576

(2) Except as otherwise provided in division (E)(3) or (4) of	577
this section, unauthorized use of property is a misdemeanor of the	578
fourth degree.	579

(3) Except as otherwise provided in division (E)(4) of this	580
section, if unauthorized use of property is committed for the	581
purpose of devising or executing a scheme to defraud or to obtain	582
property or services, unauthorized use of property is whichever of	583
the following is applicable:	584

(a) Except as otherwise provided in division (E)(3)(b), (c),	585
or (d) of this section, a misdemeanor of the first degree.	586

(b) If the value of the property or services or the loss to	587
the victim is five hundred dollars or more and is less than five	588
thousand dollars, a felony of the fifth degree.	589

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

(d) If the value of the property or services or the loss to	593
the victim is one hundred thousand dollars or more, a felony of	594
the third degree.	595

(4) If the victim of the offense is an elderly person or	596
disabled adult, unauthorized use of property is whichever of the	597
following is applicable:	598

(a) Except as otherwise provided in division (E)(4)(b), (c),	599
or (d), or (e) of this section, a felony of the fifth degree;	600

(b) If the value of the property or services or loss to the	601
victim is five hundred dollars or more and is less than five	602
thousand dollars, a felony of the fourth degree;	603

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

(d) If the value of the property or services or loss to the	607
victim is twenty-five thousand dollars or more, a felony of the	608
second degree.	609

(F)(1) Whoever violates division (B) of this section is	610
guilty of unauthorized use of computer, cable, or	611
telecommunication property, and shall be punished as provided in	612
division (F)(2) or (3) of this section.	613

(2) Except as otherwise provided in division (F)(3) of this	614
section, unauthorized use of computer, cable, or telecommunication	615
property is a felony of the fifth degree.	616

(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

(a) Except as otherwise provided in division (F)(3)(b) of	626
this section, a felony of the fourth degree;	627

(b) If the victim of the offense is an elderly person or	628
disabled adult, a felony of the third degree.	629

(G) Whoever violates division (C) of this section is guilty	630
of unauthorized use of the law enforcement automated database	631
system, a felony of the fifth degree.	632

(H) As used in this section:

633

(1) "Cable operator" means any person or group of persons	634
that does either of the following:	635

(a) Provides cable service over a cable system and directly	636
or through one or more affiliates owns a significant interest in	637
that cable system;	638

(b) Otherwise controls or is responsible for, through any	639
arrangement, the management and operation of a cable system.	640

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

641

(a) The one-way transmission to subscribers of video	642
programming or of information that a cable operator makes	643
available to all subscribers generally;	644

(b) Subscriber interaction, if any, that is required for the	645
selection or use of video programming or of information that a	646
cable operator makes available to all subscribers generally, both	647
as described in division (H)(2)(a) of this section;	648

(c) Any cable television service.

649

(3) "Cable system" means any facility, consisting of a set of	650
closed transmission paths and associated signal generation,	651
reception, and control equipment that is designed to provide cable	652
service that includes video programming and that is provided to	653
multiple subscribers within a community. "Cable system" does not	654
include any of the following:	655

(a) Any facility that serves only to retransmit the	656
television signals of one or more television broadcast stations;	657

(b) Any facility that serves subscribers without using any	658
public right-of-way;	659

(c) Any facility of a common carrier that, under 47 U.S.C.A.	660
522(7)(c), is excluded from the term "cable system" as defined in	661
47 U.S.C.A. 522(7);	662

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

663

(e) Any facility of any electric utility used solely for	664
operating its electric utility system.	665

Section 2. That existing sections 2901.04, 2909.01, 2909.04,	666
2909.07, 2913.01, and 2913.04 of the Revised Code are hereby	667
repealed.	668