(C) "Enterprise" includes any individual, sole | 29 |
proprietorship, partnership, limited partnership, corporation, | 30 |
trust, union, government agency, or other legal entity, or any | 31 |
organization, association, or group of persons associated in fact | 32 |
although not a legal entity. "Enterprise" includes illicit as
well | 33 |
as licit enterprises. | 34 |
For the purposes of the criminal penalties that may be | 55 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 56 |
one of the incidents forming the pattern shall constitute a
felony | 57 |
under the laws of this state in existence at the time it was | 58 |
committed or, if committed in violation
of the laws of the United | 59 |
States or of any other state, shall
constitute a felony under the | 60 |
law of the United States or
the other state and would be a | 61 |
criminal offense under the law of this
state if committed in this | 62 |
state. | 63 |
(H) "Personal property" means any personal property, any | 71 |
interest in personal property, or any right, including, but not | 72 |
limited to, bank accounts, debts, corporate stocks, patents, or | 73 |
copyrights. Personal property and any beneficial interest in | 74 |
personal property are deemed to be located where the trustee of | 75 |
the property, the personal property, or the instrument evidencing | 76 |
the right is located. | 77 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 85 |
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 86 |
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 87 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 88 |
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05, | 89 |
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32, | 90 |
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division | 91 |
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2) | 92 |
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of | 93 |
section 1707.44; division
(A)(1) or (2) of
section 2923.20; | 94 |
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or | 95 |
4719.06; division (C), (D), or
(E) of section
4719.07; section | 96 |
4719.08; or division (A) of section 4719.09 of
the Revised Code. | 97 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 98 |
3769.19 of the
Revised Code as it existed prior to July 1, 1996, | 99 |
any violation of section 2915.02 of the Revised Code that occurs | 100 |
on or after
July 1, 1996, and that, had it occurred prior to that | 101 |
date, would have been a
violation of section 3769.11 of the | 102 |
Revised Code
as it existed prior to that date, or any violation of | 103 |
section 2915.05 of the
Revised Code that occurs on or after July | 104 |
1, 1996, and
that, had it occurred prior to that date, would
have | 105 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 106 |
Revised
Code as it existed prior to that date. | 107 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 108 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 109 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 110 |
of the
Revised Code, any violation of section 2925.11 of the | 111 |
Revised Code that is a
felony of the first, second, third, or | 112 |
fourth degree and that occurs on or
after July 1, 1996, any | 113 |
violation of section 2915.02 of the Revised Code
that occurred | 114 |
prior to July 1, 1996, any violation of section 2915.02 of the | 115 |
Revised Code that occurs on or after July 1, 1996, and that, had | 116 |
it occurred
prior to that date, would not
have been a violation of | 117 |
section 3769.11 of the Revised Code as it existed
prior to that | 118 |
date, any violation of section 2915.06 of the Revised Code as it | 119 |
existed prior to July 1, 1996, or any violation of
division (B) of | 120 |
section 2915.05 of the Revised Code as it
exists on and after July | 121 |
1, 1996, when the proceeds of the violation, the
payments made in | 122 |
the violation, the amount of a claim for payment or for
any other | 123 |
benefit that is false or deceptive and that is involved
in the | 124 |
violation, or the value of the contraband or other
property | 125 |
illegally possessed, sold, or purchased in the violation
exceeds | 126 |
five hundred dollars, or any combination of violations described | 127 |
in
division (I)(2)(c) of this section when the total proceeds of | 128 |
the combination
of violations, payments made in the combination of | 129 |
violations,
amount of the claims for payment or for other benefits | 130 |
that is
false or deceptive and that is involved in the combination | 131 |
of
violations, or value of the contraband or other property | 132 |
illegally possessed, sold, or purchased in the combination of | 133 |
violations exceeds five hundred dollars; | 134 |
(e) Any violation or combination of violations of section | 137 |
2907.32 of the Revised Code involving any material or performance | 138 |
containing a display of bestiality or of sexual conduct, as | 139 |
defined in section 2907.01 of the Revised Code, that is explicit | 140 |
and depicted with clearly visible penetration of the genitals or | 141 |
clearly visible penetration by the penis of any orifice when the | 142 |
total proceeds of the violation or combination of violations, the | 143 |
payments made in the violation or combination of violations, or | 144 |
the value of the contraband or other property illegally
possessed, | 145 |
sold, or purchased in the violation or combination of
violations | 146 |
exceeds five hundred dollars; | 147 |
(f) Any combination of violations described in division | 148 |
(I)(2)(c) of this
section and violations of section
2907.32 of the | 149 |
Revised Code involving any material or performance
containing a | 150 |
display of bestiality or of sexual conduct, as
defined in section | 151 |
2907.01 of the Revised Code, that is explicit
and depicted with | 152 |
clearly visible penetration of the genitals or
clearly visible | 153 |
penetration by the penis of any orifice when the
total proceeds of | 154 |
the combination of violations, payments made in
the combination of | 155 |
violations, amount of the claims for payment
or for other benefits | 156 |
that is false or deceptive and that is
involved in the combination | 157 |
of violations, or value of the
contraband or other property | 158 |
illegally possessed, sold, or
purchased in the combination of | 159 |
violations exceeds five hundred
dollars. | 160 |
(b) By enacting division (I)(5)(a) of this section, it is the | 175 |
intent of the general assembly to add organized retail theft and | 176 |
the conduct described in division (I)(5)(a)(ii) of this section as | 177 |
conduct constituting corrupt activity. The enactment of division | 178 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 179 |
of this section of organized retail theft and the conduct | 180 |
described in division (I)(5)(a)(ii) of this section as conduct | 181 |
constituting corrupt activity does not limit or preclude, and | 182 |
shall not be construed as limiting or precluding, any prosecution | 183 |
for a violation of section 2923.32 of the Revised Code that is | 184 |
based on one or more violations of section 2913.02 or 2913.51 of | 185 |
the Revised Code, one or more similar offenses under the laws of | 186 |
this state or any other state, or any combination of any of those | 187 |
violations or similar offenses, even though the conduct | 188 |
constituting the basis for those violations or offenses could be | 189 |
construed as also constituting organized retail theft or conduct | 190 |
of the type described in division (I)(5)(a)(ii) of this section. | 191 |
(L) "Unlawful debt" means any money or other thing of
value | 207 |
constituting principal or interest of a debt that is
legally | 208 |
unenforceable in this state in whole or in part because
the debt | 209 |
was incurred or contracted in violation of any federal
or state | 210 |
law relating to the business of gambling activity or
relating to | 211 |
the business of lending money at an usurious rate
unless the | 212 |
creditor proves, by a preponderance of the evidence,
that the | 213 |
usurious rate was not intentionally set and that it
resulted from | 214 |
a good faith error by the creditor, notwithstanding
the | 215 |
maintenance of procedures that were adopted by the creditor
to | 216 |
avoid an error of that nature. | 217 |
(M) "Animal activity" means any activity that involves the | 218 |
use of animals or animal parts, including, but not limited to, | 219 |
hunting, fishing, trapping, traveling, camping, the production, | 220 |
preparation, or processing of food or food products, clothing or | 221 |
garment manufacturing, medical research, other research, | 222 |
entertainment, recreation, agriculture, biotechnology, or service | 223 |
activity that involves the use of animals or animal parts. | 224 |
(N) "Animal facility" means a vehicle, building, structure, | 225 |
nature preserve, or other premises in which an animal is lawfully | 226 |
kept, handled, housed, exhibited, bred, or offered for sale, | 227 |
including, but not limited to, a zoo, rodeo, circus, amusement | 228 |
park, hunting preserve, or premises in which a horse or dog event | 229 |
is held. | 230 |
(O) "Animal or ecological terrorism" means the commission of | 231 |
any felony that involves causing or creating a substantial risk of | 232 |
physical harm to any property of another, the use of a deadly | 233 |
weapon or dangerous ordnance, or purposely, knowingly, or | 234 |
recklessly causing serious physical harm to property and that | 235 |
involves an intent to obstruct, impede, or deter any person from | 236 |
participating in a lawful animal activity, from mining, foresting, | 237 |
harvesting, gathering, or processing natural resources, or from | 238 |
being lawfully present in or on an animal facility or research | 239 |
facility. | 240 |