(1) Except as otherwise provided in division (B)(2) of this | 40 |
section, within seventy-five days after a distributor receives | 41 |
written notice of termination or nonrenewal of its franchise | 42 |
pursuant to division (D) of section 1333.85 of the Revised Code, | 43 |
the distributor shall provide the successor manufacturer with the | 44 |
three previous years of financial statements and other relevant | 45 |
and reasonably necessary financial information regarding the | 46 |
diminished value of the distributor's business. The distributor | 47 |
and successor manufacturer shall negotiate in good faith to | 48 |
determine the diminished value of the distributor's business, and | 49 |
the successor manufacturer shall pay the distributor for that | 50 |
diminished value. | 51 |
(2) If the distributor and successor manufacturer are unable | 52 |
to negotiate in good faith or are unable to resolve the | 53 |
distributor's diminished value within ninety days of the date that | 54 |
notice of termination is given, either party may bring an action | 55 |
in the court of common pleas of the county in which the | 56 |
distributor's principal place of business in this state is located | 57 |
within ninety days of the date that notice of termination is | 58 |
given, except that the parties may mutually agree in writing to | 59 |
extend that ninety-day period. | 60 |
(5) If the court is unable to determine the diminished value | 73 |
of the distributor's business within ninety days after the action | 74 |
is filed, the court shall order the successor manufacturer to pay | 75 |
its last good faith offer to the distributor on the ninety-first | 76 |
day after the action is filed and shall treat the manufacturer's | 77 |
application for that order as a request for emergency injunctive | 78 |
relief without the need for any showing of irreparable harm. Upon | 79 |
payment of the amount of its last good faith offer to the | 80 |
distributor, the successor manufacturer may transfer the brands to | 81 |
a new distributor. After the successor manufacturer's payment of | 82 |
that amount to the distributor and its transfer of the brands, the | 83 |
court shall determine the diminished value of the distributor's | 84 |
business. The successor manufacturer shall pay the distributor the | 85 |
amount of the diminished value determined by the court less the | 86 |
amount of its last good faith offer previously paid pursuant to | 87 |
division (B)(5) of this section. | 88 |
(A) "Deception" means knowingly deceiving another or
causing | 93 |
another to be deceived by any false or misleading
representation, | 94 |
by withholding information, by preventing another
from acquiring | 95 |
information, or by any other conduct, act, or
omission that | 96 |
creates, confirms, or perpetuates a false
impression in another, | 97 |
including a false impression as to law,
value, state of mind, or | 98 |
other objective or subjective fact. | 99 |
(D) "Owner" means, unless the context requires a different | 114 |
meaning, any person, other than the actor, who is
the owner of, | 115 |
who has possession or control of, or who has
any license
or | 116 |
interest in property or services, even though the ownership, | 117 |
possession, control, license, or interest is unlawful. | 118 |
(E) "Services" include labor, personal services,
professional | 119 |
services, rental services, public utility services including | 120 |
wireless service as defined in division (F)(1) of section 4931.40 | 121 |
of the Revised Code, common carrier
services, and food, drink, | 122 |
transportation, entertainment, and
cable television services
and, | 123 |
for purposes of section 2913.04 of
the Revised Code, include cable | 124 |
services as defined in that
section. | 125 |
(F) "Writing" means any computer software, document,
letter, | 126 |
memorandum, note, paper, plate, data, film, or other
thing having | 127 |
in or upon it any written, typewritten, or printed
matter, and any | 128 |
token, stamp, seal, credit card,
badge, trademark, label, or other | 129 |
symbol of value, right,
privilege, license, or identification. | 130 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 149 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 150 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32, | 151 |
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 152 |
2913.47, former section
2913.47 or 2913.48, or section 2913.51, | 153 |
2915.05,
or 2921.41 of the Revised Code; | 154 |
(M) "Computer" means an electronic device that performs | 172 |
logical, arithmetic, and memory functions by the manipulation of | 173 |
electronic or magnetic impulses. "Computer" includes, but is not | 174 |
limited to, all input, output, processing, storage, computer | 175 |
program, or communication facilities that are connected, or | 176 |
related, in a computer system or network to an electronic
device | 177 |
of that nature. | 178 |
(U) "Credit card" includes, but is not limited to, a card, | 212 |
code, device, or other means of access to a customer's account
for | 213 |
the purpose of obtaining money, property, labor, or services
on | 214 |
credit, or for initiating an electronic fund transfer at a | 215 |
point-of-sale terminal, an automated teller machine, or a cash | 216 |
dispensing machine. It also includes a county procurement card | 217 |
issued under section 301.29 of the Revised Code. | 218 |
(X) "Telecommunication" means the origination,
emission, | 228 |
dissemination, transmission, or reception of data, images, | 229 |
signals,
sounds, or other intelligence or equivalence of | 230 |
intelligence of
any nature over any communications system by any | 231 |
method,
including, but not limited to, a fiber optic, electronic, | 232 |
magnetic, optical, digital, or analog method. | 233 |
(Y) "Telecommunications
device" means any instrument, | 234 |
equipment, machine, or other
device that facilitates | 235 |
telecommunication, including, but not
limited to, a computer, | 236 |
computer network, computer chip, computer
circuit, scanner, | 237 |
telephone, cellular telephone, pager, personal
communications | 238 |
device, transponder, receiver, radio, modem, or
device that | 239 |
enables the use of a modem. | 240 |
(AA) "Counterfeit
telecommunications device" means a | 245 |
telecommunications device that,
alone or with another | 246 |
telecommunications device, has been altered,
constructed, | 247 |
manufactured, or programmed to acquire, intercept, receive, or | 248 |
otherwise facilitate the use of a telecommunications service or | 249 |
information
service without the
authority or consent of the | 250 |
provider of the telecommunications
service or information service. | 251 |
"Counterfeit telecommunications device"
includes, but
is not | 252 |
limited to, a clone telephone, clone microchip, tumbler
telephone, | 253 |
or tumbler microchip; a wireless scanning device
capable of | 254 |
acquiring, intercepting, receiving, or otherwise
facilitating the | 255 |
use of telecommunications service or information service
without | 256 |
immediate detection; or a device, equipment, hardware, or software | 257 |
designed for, or capable of, altering or changing the electronic | 258 |
serial number
in a wireless telephone. | 259 |
(BB)(1) "Information
service" means, subject to division | 260 |
(BB)(2) of this section, the
offering of a capability for | 261 |
generating, acquiring, storing,
transforming, processing, | 262 |
retrieving, utilizing, or making
available information via | 263 |
telecommunications, including, but not
limited to, electronic | 264 |
publishing. | 265 |
(DD) "Disabled adult" means a person who is eighteen years
of | 272 |
age
or older
and has some impairment of body or mind that makes | 273 |
the person unable to work
at any substantially remunerative | 274 |
employment that the person
otherwise would be able to perform and | 275 |
that will, with reasonable
probability, continue for a period of | 276 |
at least twelve months
without any present indication of recovery | 277 |
from the impairment, or who is
eighteen years of age or older and | 278 |
has been certified as permanently and
totally disabled by an | 279 |
agency
of this state or the United States that has the function of | 280 |
so classifying persons. | 281 |
(b) Misusing computer or network services including, but not | 295 |
limited to, mail transfer programs, file transfer programs, proxy | 296 |
servers, and web servers by performing functions not authorized by | 297 |
the owner of the computer, computer system, or computer network or | 298 |
other person authorized to give consent. As used in this division, | 299 |
"misuse of computer and network services" includes, but is not | 300 |
limited to, the unauthorized use of any of the following: | 301 |
(c)(i) Subject to division (II)(1)(c)(ii) of this section, | 308 |
using a group of computer programs commonly known as "port | 309 |
scanners" or "probes" to intentionally access any computer, | 310 |
computer system, or computer network without the permission of the | 311 |
owner of the computer, computer system, or computer network or | 312 |
other person authorized to give consent. The group of computer | 313 |
programs referred to in this division includes, but is not limited | 314 |
to, those computer programs that use a computer network to access | 315 |
a computer, computer system, or another computer network to | 316 |
determine any of the following: the presence or types of computers | 317 |
or computer systems on a network; the computer network's | 318 |
facilities and capabilities; the availability of computer or | 319 |
network services; the presence or versions of computer software | 320 |
including, but not limited to, operating systems, computer | 321 |
services, or computer contaminants; the presence of a known | 322 |
computer software deficiency that can be used to gain unauthorized | 323 |
access to a computer, computer system, or computer network; or any | 324 |
other information about a computer, computer system, or computer | 325 |
network not necessary for the normal and lawful operation of the | 326 |
computer initiating the access. | 327 |
(ii) The group of computer programs referred to in division | 328 |
(II)(1)(c)(i) of this section does not include standard computer | 329 |
software used for the normal operation, administration, | 330 |
management, and test of a computer, computer system, or computer | 331 |
network including, but not limited to, domain name services, mail | 332 |
transfer services, and other operating system services, computer | 333 |
programs commonly called "ping," "tcpdump," and "traceroute" and | 334 |
other network monitoring and management computer software, and | 335 |
computer programs commonly known as "nslookup" and "whois" and | 336 |
other systems administration computer software. | 337 |
(2) Except as otherwise
provided in this division or
division | 371 |
(B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of | 372 |
this section is petty theft, a
misdemeanor of the first degree.
If | 373 |
the value of the property or
services stolen is five hundred | 374 |
dollars or more and is less than
five thousand dollars or if the | 375 |
property stolen is any of the
property listed in section 2913.71 | 376 |
of the Revised Code, a
violation of this section is theft, a | 377 |
felony of the fifth
degree. If the value of the property or | 378 |
services stolen is five
thousand dollars or more and is less than | 379 |
one hundred thousand
dollars, a violation of this
section is grand | 380 |
theft, a felony of the fourth degree. If the value of the
property | 381 |
or
services stolen is one hundred thousand dollars or
more and is | 382 |
less than five hundred thousand dollars, a
violation of this | 383 |
section is aggravated theft, a felony of
the
third degree.
If the | 384 |
value of the property or services is five hundred thousand dollars | 385 |
or more and is less than one million dollars, a violation of this | 386 |
section is aggravated theft, a felony of the second degree. If the | 387 |
value of the property or services
stolen is one million dollars or | 388 |
more, a violation of this section
is aggravated theft of one | 389 |
million dollars or more, a felony of
the first degree. | 390 |
(3) Except as otherwise provided in division (B)(4),
(5), | 391 |
(6), (7), or (8)
of this section, if the victim of the offense is | 392 |
an elderly
person or
disabled adult, a violation
of this section | 393 |
is theft
from an elderly person or disabled adult, and
division | 394 |
(B)(3) of
this section applies. Except as
otherwise provided in | 395 |
this
division, theft from an elderly person or disabled
adult is a | 396 |
felony of the fifth degree. If the value of the property or | 397 |
services stolen is five hundred dollars or more and is less than | 398 |
five thousand dollars, theft from an elderly person or disabled | 399 |
adult is a felony of the fourth degree. If the value of the | 400 |
property or services stolen is five thousand dollars or more and | 401 |
is less than twenty-five thousand dollars, theft from an elderly | 402 |
person or disabled adult is a felony of the third degree. If the | 403 |
value of the property or services stolen is twenty-five thousand | 404 |
dollars or more and is less than one hundred thousand dollars, | 405 |
theft from an elderly person or disabled adult is
a felony of the | 406 |
second degree. If the value of the property or services stolen is | 407 |
one hundred thousand dollars or more, theft from an elderly person | 408 |
or disabled adult is a felony of the first degree. | 409 |
(4) If the property stolen is a firearm or dangerous | 410 |
ordnance,
a violation of
this section is grand theft. Except as | 411 |
otherwise provided in this division, grand theft when the property | 412 |
stolen is a firearm or dangerous ordnance is a felony of
the third | 413 |
degree, and there is a presumption in favor of the court imposing | 414 |
a prison term for the offense. If the firearm or dangerous | 415 |
ordnance was stolen from a federally licensed firearms dealer, | 416 |
grand theft when the property stolen is a firearm or dangerous | 417 |
ordnance is a felony of the first degree. The offender shall serve | 418 |
a prison term imposed for grand theft when the property stolen is | 419 |
a firearm or dangerous ordnance consecutively to any other prison | 420 |
term or mandatory prison term previously or subsequently imposed | 421 |
upon the offender. | 422 |
(b) If the offender's driver's license, probationary
driver's | 450 |
license, commercial driver's license, temporary
instruction | 451 |
permit, or nonresident operating privilege has
previously been | 452 |
suspended pursuant to division (B)(9)(a) of this
section, impose a | 453 |
class seven suspension of the offender's license, permit, or | 454 |
privilege from the range specified in division (A)(7) of section | 455 |
4510.02 of the Revised Code, provided that the suspension shall be | 456 |
for at least six months. | 457 |
(10) In addition to the penalties described in division | 458 |
(B)(2) of this section, if the offender committed the violation by | 459 |
stealing rented property or rental services, the court may order | 460 |
that the offender make restitution pursuant to section 2929.18 or | 461 |
2929.28 of the Revised Code. Restitution may include, but is not | 462 |
limited to, the cost of repairing or replacing the stolen | 463 |
property, or the cost of repairing the stolen property
and any | 464 |
loss of revenue resulting from deprivation of the property
due to | 465 |
theft of rental services that is less than or equal to the
actual | 466 |
value of the property at the time it was rented. Evidence of | 467 |
intent to
commit
theft of rented property or rental services | 468 |
shall be
determined
pursuant to the provisions of section | 469 |
2913.72 of the
Revised
Code. | 470 |
(B) To establish that a rentee has an intent to commit theft | 487 |
of
rented property or rental services under division (A)(2) of | 488 |
this section, a
renter may issue a notice to a rentee demanding | 489 |
the return of rented property.
The renter shall mail the notice by | 490 |
certified mail, return receipt requested,
to the rentee at the | 491 |
address the rentee gave when the rental
contract was executed, or | 492 |
to the rentee at the last address the
rentee or the rentee's agent | 493 |
furnished in writing to the renter. | 494 |
(C) "Enterprise" includes any individual, sole | 526 |
proprietorship, partnership, limited partnership, corporation, | 527 |
trust, union, government agency, or other legal entity, or any | 528 |
organization, association, or group of persons associated in fact | 529 |
although not a legal entity. "Enterprise" includes illicit as
well | 530 |
as licit enterprises. | 531 |
For the purposes of the criminal penalties that may be | 552 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 553 |
one of the incidents forming the pattern shall constitute a
felony | 554 |
under the laws of this state in existence at the time it was | 555 |
committed or, if committed in violation
of the laws of the United | 556 |
States or of any other state, shall
constitute a felony under the | 557 |
law of the United States or
the other state and would be a | 558 |
criminal offense under the law of this
state if committed in this | 559 |
state. | 560 |
(H) "Personal property" means any personal property, any | 568 |
interest in personal property, or any right, including, but not | 569 |
limited to, bank accounts, debts, corporate stocks, patents, or | 570 |
copyrights. Personal property and any beneficial interest in | 571 |
personal property are deemed to be located where the trustee of | 572 |
the property, the personal property, or the instrument evidencing | 573 |
the right is located. | 574 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 582 |
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 583 |
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 584 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 585 |
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05, | 586 |
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32, | 587 |
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division | 588 |
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2) | 589 |
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of | 590 |
section 1707.44; division
(A)(1) or (2) of
section 2923.20; | 591 |
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or | 592 |
4719.06; division (C), (D), or
(E) of section
4719.07; section | 593 |
4719.08; or division (A) of section 4719.09 of
the Revised Code. | 594 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 595 |
3769.19 of the
Revised Code as it existed prior to July 1, 1996, | 596 |
any violation of section 2915.02 of the Revised Code that occurs | 597 |
on or after
July 1, 1996, and that, had it occurred prior to that | 598 |
date, would have been a
violation of section 3769.11 of the | 599 |
Revised Code
as it existed prior to that date, or any violation of | 600 |
section 2915.05 of the
Revised Code that occurs on or after July | 601 |
1, 1996, and
that, had it occurred prior to that date, would
have | 602 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 603 |
Revised
Code as it existed prior to that date. | 604 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 605 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 606 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 607 |
of the
Revised Code, any violation of section 2925.11 of the | 608 |
Revised Code that is a
felony of the first, second, third, or | 609 |
fourth degree and that occurs on or
after July 1, 1996, any | 610 |
violation of section 2915.02 of the Revised Code
that occurred | 611 |
prior to July 1, 1996, any violation of section 2915.02 of the | 612 |
Revised Code that occurs on or after July 1, 1996, and that, had | 613 |
it occurred
prior to that date, would not
have been a violation of | 614 |
section 3769.11 of the Revised Code as it existed
prior to that | 615 |
date, any violation of section 2915.06 of the Revised Code as it | 616 |
existed prior to July 1, 1996, or any violation of
division (B) of | 617 |
section 2915.05 of the Revised Code as it
exists on and after July | 618 |
1, 1996, when the proceeds of the violation, the
payments made in | 619 |
the violation, the amount of a claim for payment or for
any other | 620 |
benefit that is false or deceptive and that is involved
in the | 621 |
violation, or the value of the contraband or other
property | 622 |
illegally possessed, sold, or purchased in the violation
exceeds | 623 |
five hundred dollars, or any combination of violations described | 624 |
in
division (I)(2)(c) of this section when the total proceeds of | 625 |
the combination
of violations, payments made in the combination of | 626 |
violations,
amount of the claims for payment or for other benefits | 627 |
that is
false or deceptive and that is involved in the combination | 628 |
of
violations, or value of the contraband or other property | 629 |
illegally possessed, sold, or purchased in the combination of | 630 |
violations exceeds five hundred dollars; | 631 |
(e) Any violation or combination of violations of section | 634 |
2907.32 of the Revised Code involving any material or performance | 635 |
containing a display of bestiality or of sexual conduct, as | 636 |
defined in section 2907.01 of the Revised Code, that is explicit | 637 |
and depicted with clearly visible penetration of the genitals or | 638 |
clearly visible penetration by the penis of any orifice when the | 639 |
total proceeds of the violation or combination of violations, the | 640 |
payments made in the violation or combination of violations, or | 641 |
the value of the contraband or other property illegally
possessed, | 642 |
sold, or purchased in the violation or combination of
violations | 643 |
exceeds five hundred dollars; | 644 |
(f) Any combination of violations described in division | 645 |
(I)(2)(c) of this
section and violations of section
2907.32 of the | 646 |
Revised Code involving any material or performance
containing a | 647 |
display of bestiality or of sexual conduct, as
defined in section | 648 |
2907.01 of the Revised Code, that is explicit
and depicted with | 649 |
clearly visible penetration of the genitals or
clearly visible | 650 |
penetration by the penis of any orifice when the
total proceeds of | 651 |
the combination of violations, payments made in
the combination of | 652 |
violations, amount of the claims for payment
or for other benefits | 653 |
that is false or deceptive and that is
involved in the combination | 654 |
of violations, or value of the
contraband or other property | 655 |
illegally possessed, sold, or
purchased in the combination of | 656 |
violations exceeds five hundred
dollars. | 657 |
(b) By enacting division (I)(5)(a) of this section, it is the | 672 |
intent of the general assembly to add organized retail theft and | 673 |
the conduct described in division (I)(5)(a)(ii) of this section as | 674 |
conduct constituting corrupt activity. The enactment of division | 675 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 676 |
of this section of organized retail theft and the conduct | 677 |
described in division (I)(5)(a)(ii) of this section as conduct | 678 |
constituting corrupt activity does not limit or preclude, and | 679 |
shall not be construed as limiting or precluding, any prosecution | 680 |
for a violation of section 2923.32 of the Revised Code that is | 681 |
based on one or more violations of section 2913.02 or 2913.51 of | 682 |
the Revised Code, one or more similar offenses under the laws of | 683 |
this state or any other state, or any combination of any of those | 684 |
violations or similar offenses, even though the conduct | 685 |
constituting the basis for those violations or offenses could be | 686 |
construed as also constituting organized retail theft or conduct | 687 |
of the type described in division (I)(5)(a)(ii) of this section. | 688 |
(L) "Unlawful debt" means any money or other thing of
value | 704 |
constituting principal or interest of a debt that is
legally | 705 |
unenforceable in this state in whole or in part because
the debt | 706 |
was incurred or contracted in violation of any federal
or state | 707 |
law relating to the business of gambling activity or
relating to | 708 |
the business of lending money at an usurious rate
unless the | 709 |
creditor proves, by a preponderance of the evidence,
that the | 710 |
usurious rate was not intentionally set and that it
resulted from | 711 |
a good faith error by the creditor, notwithstanding
the | 712 |
maintenance of procedures that were adopted by the creditor
to | 713 |
avoid an error of that nature. | 714 |
(M) "Animal activity" means any activity that involves the | 715 |
use of animals or animal parts, including, but not limited to, | 716 |
hunting, fishing, trapping, traveling, camping, the production, | 717 |
preparation, or processing of food or food products, clothing or | 718 |
garment manufacturing, medical research, other research, | 719 |
entertainment, recreation, agriculture, biotechnology, or service | 720 |
activity that involves the use of animals or animal parts. | 721 |
(N) "Animal facility" means a vehicle, building, structure, | 722 |
nature preserve, or other premises in which an animal is lawfully | 723 |
kept, handled, housed, exhibited, bred, or offered for sale, | 724 |
including, but not limited to, a zoo, rodeo, circus, amusement | 725 |
park, hunting preserve, or premises in which a horse or dog event | 726 |
is held. | 727 |
(O) "Animal or ecological terrorism" means the commission of | 728 |
any felony that involves causing or creating a substantial risk of | 729 |
physical harm to any property of another, the use of a deadly | 730 |
weapon or dangerous ordnance, or purposely, knowingly, or | 731 |
recklessly causing serious physical harm to property and that | 732 |
involves an intent to obstruct, impede, or deter any person from | 733 |
participating in a lawful animal activity, from mining, foresting, | 734 |
harvesting, gathering, or processing natural resources, or from | 735 |
being lawfully present in or on an animal facility or research | 736 |
facility. | 737 |