(1) "Agricultural product" means any of the following items | 7 |
that is produced for testing or research in the context of a | 8 |
product development program in conjunction or coordination with a | 9 |
private research facility, a university, or any federal, state, or | 10 |
local governmental agency or that is produced for personal, | 11 |
commercial, pharmaceutical, or educational purposes: field crop or | 12 |
field crop product; timber or timber product; forestry product; | 13 |
livestock or livestock product; meat or meat product; milk or | 14 |
dairy product; poultry or poultry product; equine animal; wool; | 15 |
fruit or vegetable crop; aquacultural product; horticultural crop, | 16 |
including plant materials grown in a greenhouse, nursery stock | 17 |
grown inside or outside of a container, ornamental grass, turf | 18 |
grass, ornamental trees, ornamental shrubs, or flowers; sod; | 19 |
mushrooms; viticultural product; apicultural product; tobacco; | 20 |
pasture; wild animal or domestic deer, as "wild animal" and | 21 |
"domestic deer" are defined in section 1531.01 of the Revised | 22 |
Code; or any combination of those items. | 23 |
(2) "Equipment" means any implement, machinery, real or | 24 |
personal property, building, or structure that is used in the | 25 |
production, growing, harvesting, or housing of any agricultural | 26 |
product. "Equipment" also includes any laboratory, research, | 27 |
product, samples, supplies, or fixed equipment that is used to | 28 |
test, develop, or analyze the process of producing, growing, or | 29 |
maintaining any agricultural product. | 30 |
(3) "Material support or resources" means currency, payment | 31 |
instruments, other financial securities, financial services, | 32 |
lodging, training, safehouses, false documentation or | 33 |
identification, communications equipment, facilities, weapons, | 34 |
lethal substances, explosives, personnel, transportation, and | 35 |
other physical assets, except medicine or religious materials. | 36 |
(C) No person shall raise, solicit, collect, donate, or | 65 |
provide any material support or resources with the purpose that | 66 |
the material support or resources will be used in whole or in part | 67 |
to plan, prepare, carry out, or aid in either a violation of | 68 |
division (B) of this section or in the concealment of, or an | 69 |
escape from, a violation of that division. | 70 |
(2) In ordering restitution under division (D)(1) of this | 77 |
section, the court shall consider as part of the value of the | 78 |
agricultural product or equipment the market value of the | 79 |
agricultural product or equipment prior to the violation and the | 80 |
production, research, testing, replacement, and development costs | 81 |
directly related to the agricultural product or equipment that was | 82 |
the subject of the violation. | 83 |
(E) The enactment of this section is not intended to require | 84 |
the prosecution exclusively under this section of an act, series | 85 |
of acts, or course of behavior that could be prosecuted either | 86 |
under this section or under another section of the Revised Code. | 87 |
One or more acts, series of acts, or courses of behavior that may | 88 |
be prosecuted either under this section or under another section | 89 |
of the Revised Code may be prosecuted under this section, the | 90 |
other section, or both sections. | 91 |
(E) Whoever violates division (B) of section 901.511 of the | 103 |
Revised Code is guilty on a first offense of a misdemeanor or a | 104 |
felony that is one degree higher than the penalty for the most | 105 |
serious underlying specified offense that is involved in the | 106 |
violation. However, if on such an initial violation the penalty | 107 |
for the most serious underlying specified offense is a felony of | 108 |
the first degree, the violator is guilty of a felony of the first | 109 |
degree. | 110 |
On each subsequent violation of division (B) of that section, | 111 |
the violator is guilty of a misdemeanor or a felony that is two | 112 |
degrees higher than the penalty for the most serious underlying | 113 |
specified offense that is involved in the subsequent violation. | 114 |
However, if on such a subsequent violation the penalty for the | 115 |
most serious underlying specified offense is a felony of the first | 116 |
or second degree, the violator is guilty of a felony of the first | 117 |
degree. | 118 |