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To amend sections 926.99, 1333.99, 1707.99, 1716.99, | 1 |
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, | 2 |
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, | 3 |
2913.34, 2913.40, 2913.401, 2913.42, 2913.421, | 4 |
2913.43, 2913.45, 2913.46, 2913.47, 2913.48, | 5 |
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, | 6 |
2917.31, 2917.32, 2919.21, 2921.01, 2921.13, | 7 |
2921.41, 2923.31, 2929.17, 2967.193, and 2981.07 | 8 |
and to enact section 2921.341 of the Revised Code | 9 |
to increase from $500 to $750 the threshold amount | 10 |
that is used in determining increased penalties | 11 |
for theft-related offenses; to provide that if the | 12 |
offense of "nonsupport of dependents" is based on | 13 |
an abandonment of or failure to support a child or | 14 |
a person to whom a court order requires support | 15 |
and is a felony the court must sentence the | 16 |
offender to one or more community control | 17 |
sanctions and that any residential sanction so | 18 |
imposed generally must require that the offender | 19 |
complete a community corrections program; to | 20 |
remove Department of Rehabilitation and Correction | 21 |
supervision of a releasee from the definition of | 22 |
"detention" and specify the method of sanctioning | 23 |
a person under Department supervision who fails to | 24 |
comply in a specified manner with that | 25 |
supervision; and to increase from one day to five | 26 |
days the credit a prisoner in a state correctional | 27 |
institution may earn as a monthly deduction from | 28 |
the prisoner's prison term for productive | 29 |
participation in specified prison programs, remove | 30 |
sex offender treatment programs from the type of | 31 |
programs for which a prisoner can earn the credit, | 32 |
and prohibit granting the credit to a person | 33 |
serving a sentence for a sexually oriented | 34 |
offense. | 35 |
Section 1. That sections 926.99, 1333.99, 1707.99, 1716.99, | 36 |
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11, | 37 |
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42, | 38 |
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, | 39 |
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2919.21, | 40 |
2921.01, 2921.13, 2921.41, 2923.31, 2929.17, 2967.193, and 2981.07 | 41 |
be amended and section 2921.341 of the Revised Code be enacted to | 42 |
read as follows: | 43 |
Sec. 926.99. (A)(1) Except as provided in division (A)(2) | 44 |
of this section, whoever violates section 926.04 of the Revised | 45 |
Code is guilty of a misdemeanor of the first degree on a first | 46 |
offense and a felony of the fifth degree on each subsequent | 47 |
offense. | 48 |
(2) A person who violates section 926.04 of the Revised Code | 49 |
and who is insolvent and financially unable to satisfy a claimant | 50 |
as defined in section 926.021 of the Revised Code is guilty of a | 51 |
felony of the fifth degree if the financial obligation owed by the | 52 |
offender to the claimant is | 53 |
more and is less than five thousand dollars. If the financial | 54 |
obligation is five thousand dollars or more and is less than one | 55 |
hundred thousand dollars, the offender is guilty of a felony of | 56 |
the fourth degree. If the financial obligation is one hundred | 57 |
thousand dollars or more, the offender is guilty of a felony of | 58 |
the third degree. | 59 |
(B) Whoever violates division (E) or (F) of section 926.20 or | 60 |
division (A) of section 926.22 of the Revised Code is guilty of a | 61 |
minor misdemeanor on a first offense and a misdemeanor of the | 62 |
second degree on each subsequent offense. | 63 |
(C) Whoever violates division (G) of section 926.20 or | 64 |
section 926.34 or 926.35 of the Revised Code is guilty of a felony | 65 |
of the fourth degree. | 66 |
(D) Whoever violates division (A) of section 926.28 or | 67 |
division (B) of section 926.29 of the Revised Code is guilty of a | 68 |
felony of the fifth degree. | 69 |
(E) Whoever violates section 926.31 of the Revised Code is | 70 |
guilty of a misdemeanor of the fourth degree. | 71 |
Sec. 1333.99. (A) Whoever violates sections 1333.01 to | 72 |
1333.04 of the Revised Code is guilty of a minor misdemeanor. | 73 |
(B) Whoever violates section 1333.12 or 1333.71 of the | 74 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 75 |
(C) Whoever violates section 1333.36 of the Revised Code is | 76 |
guilty of a misdemeanor of the third degree. | 77 |
(D) A prosecuting attorney may file an action to restrain any | 78 |
person found in violation of section 1333.36 of the Revised Code. | 79 |
Upon the filing of such an action, the common pleas court may | 80 |
receive evidence of such violation and forthwith grant a temporary | 81 |
restraining order as may be prayed for, pending a hearing on the | 82 |
merits of said cause. | 83 |
(E) Whoever violates division (A)(1) of section 1333.52 or | 84 |
section 1333.81 of the Revised Code is guilty of a misdemeanor of | 85 |
the first degree. | 86 |
(F) Whoever violates division (A)(2) or (B) of section | 87 |
1333.52 of the Revised Code is guilty of a misdemeanor of the | 88 |
second degree. | 89 |
(G) Except as otherwise provided in this division, whoever | 90 |
violates section 1333.92 of the Revised Code is guilty of a | 91 |
misdemeanor of the first degree. If the value of the compensation | 92 |
is | 93 |
thousand dollars, whoever violates section 1333.92 of the Revised | 94 |
Code is guilty of a felony of the fifth degree. If the value of | 95 |
the compensation is five thousand dollars or more and less than | 96 |
one hundred thousand dollars, whoever violates section 1333.92 of | 97 |
the Revised Code is guilty of a felony of the fourth degree. If | 98 |
the value of the compensation is one hundred thousand dollars or | 99 |
more, whoever violates section 1333.92 of the Revised Code is | 100 |
guilty of a felony of the third degree. | 101 |
Sec. 1707.99. Whoever commits any act described in division | 102 |
(A) of section 1707.042 or section 1707.44 of the Revised Code is | 103 |
guilty of a violation of sections 1707.01 to 1707.45 of the | 104 |
Revised Code and the following apply to the offender: | 105 |
(A) If the value of the funds or securities involved in the | 106 |
offense or the loss to
the victim is less than | 107 |
fifty dollars, the offender is guilty of a felony of the fifth | 108 |
degree, and the court may impose upon the offender an additional | 109 |
fine of not more than two thousand five hundred dollars. | 110 |
(B) If the value of the funds or securities involved in the | 111 |
offense or
the loss to the victim is | 112 |
dollars or more but less than five thousand dollars, the offender | 113 |
is guilty of a felony of the fourth degree, and the court may | 114 |
impose upon the offender an additional fine of not more than five | 115 |
thousand dollars. | 116 |
(C) If the value of the funds or securities involved in the | 117 |
offense or the loss to the victim is five thousand dollars or more | 118 |
but less than twenty-five thousand dollars, the offender is guilty | 119 |
of a felony of the third degree, and the court may impose upon the | 120 |
offender an additional fine of not more than ten thousand dollars. | 121 |
(D) If the value of the funds or securities involved in the | 122 |
offense or the loss to the victim is twenty-five thousand dollars | 123 |
or more but less than one hundred thousand dollars, the offender | 124 |
is guilty of a felony of the second degree, and the court may | 125 |
impose upon the offender an additional fine of not more than | 126 |
fifteen thousand dollars. | 127 |
(E) If the value of the funds or securities involved in the | 128 |
offense or the loss to the victim is one hundred thousand dollars | 129 |
or more, the offender is guilty of a felony of the first degree, | 130 |
and the court may impose upon the offender an additional fine of | 131 |
not more than twenty thousand dollars. | 132 |
Sec. 1716.99. (A) Whoever violates any provision of | 133 |
sections 1716.02 to 1716.17 of the Revised Code, other than | 134 |
division (A)(1) of section 1716.14 of the Revised Code, is guilty | 135 |
of a misdemeanor of the first degree. | 136 |
Each occurrence of a solicitation of a contribution from any | 137 |
person in violation of any provision of sections 1716.02 to | 138 |
1716.17 of the Revised Code, other than division (A)(1) of section | 139 |
1716.14 of the Revised Code, is considered a separate offense. | 140 |
(B)(1) Whoever violates division (A)(1) of section 1716.14 of | 141 |
the Revised Code is guilty of solicitation fraud and shall be | 142 |
punished as provided in divisions (B)(2) to (4) of this section. | 143 |
(2) Except as otherwise provided in division (B)(4) of this | 144 |
section, division (B)(3) of this section applies to solicitation | 145 |
fraud, and solicitation fraud is one of the following: | 146 |
(a) Except as otherwise provided in divisions (B)(2)(b) to | 147 |
(d) of this section, a misdemeanor of the first degree or, if the | 148 |
offender previously has been convicted of or pleaded guilty to a | 149 |
theft offense or a violation of division (A)(1) of section 1716.14 | 150 |
of the Revised Code, a felony of the fifth degree. | 151 |
(b) If the value of the contribution or contributions made in | 152 |
the
violation is | 153 |
less than five thousand dollars, a felony of the fifth degree or, | 154 |
if the offender previously has been convicted of or pleaded | 155 |
guilty to a theft offense or a violation of division (A)(1) of | 156 |
section 1716.14 of the Revised Code, a felony of the fourth | 157 |
degree. | 158 |
(c) If the value of the contribution or contributions made in | 159 |
the violation is five thousand dollars or more but less than one | 160 |
hundred thousand dollars, a felony of the fourth degree or, if the | 161 |
offender previously has been convicted of or pleaded guilty to a | 162 |
theft offense or a violation of division (A)(1) of section 1716.14 | 163 |
of the Revised Code, a felony of the third degree. | 164 |
(d) If the value of the contribution or contributions made in | 165 |
the violation is one hundred thousand dollars or more, a felony of | 166 |
the third degree. | 167 |
(3) When an offender commits a series of offenses in | 168 |
violation of division (A)(1) of section 1716.14 of the Revised | 169 |
Code as part of a common scheme or plan to defraud multiple | 170 |
victims, all of the offenses may be tried as a single offense. If | 171 |
the offenses are tried as a single offense, the value of the | 172 |
contributions for purposes of determining the value as required by | 173 |
division (B)(2) of this section is the aggregate value of all | 174 |
contributions involved in all offenses in the common scheme or | 175 |
plan to defraud multiple victims. In prosecuting a single offense | 176 |
under this division, it is not necessary to separately allege and | 177 |
prove each offense in the series. Rather, it is sufficient to | 178 |
allege and prove that the offender, within a given span of time, | 179 |
committed one or more offenses as part of a common scheme or plan | 180 |
to defraud multiple victims as described in this division. | 181 |
(4) If the victim of the offense is an elderly person or | 182 |
disabled adult, division (B)(4) of this section and section | 183 |
2913.61 of the Revised Code apply to solicitation fraud, and | 184 |
solicitation fraud is one of the following: | 185 |
(a) Except as otherwise provided in divisions (B)(4)(b) to | 186 |
(d) of this section, a felony of the fifth degree; | 187 |
(b) If the value of the contributions made in the violation | 188 |
is
| 189 |
thousand dollars, a felony of the fourth degree; | 190 |
(c) If the value of the contributions made in the violation | 191 |
is five thousand dollars or more and is less than twenty-five | 192 |
thousand dollars, a felony of the third degree; | 193 |
(d) If the value of the contributions made in the violation | 194 |
is twenty-five thousand dollars or more, a felony of the second | 195 |
degree. | 196 |
(C) Any person who is found guilty of any act or omission | 197 |
prohibited under this chapter shall forfeit the bond described in | 198 |
section 1716.05 or 1716.07 of the Revised Code to the state | 199 |
treasury to the credit of the charitable law fund established | 200 |
under section 109.32 of the Revised Code and shall be prohibited | 201 |
from registering with the attorney general or from serving as a | 202 |
fund-raising counsel or professional solicitor in this state for a | 203 |
period of five years after conviction. | 204 |
Sec. 2909.03. (A) No person, by means of fire or explosion, | 205 |
shall knowingly do any of the following: | 206 |
(1) Cause, or create a substantial risk of, physical harm to | 207 |
any property of another without the other person's consent; | 208 |
(2) Cause, or create a substantial risk of, physical harm to | 209 |
any property of the offender or another, with purpose to defraud; | 210 |
(3) Cause, or create a substantial risk of, physical harm to | 211 |
the statehouse or a courthouse, school building, or other building | 212 |
or structure that is owned or controlled by the state, any | 213 |
political subdivision, or any department, agency, or | 214 |
instrumentality of the state or a political subdivision, and that | 215 |
is used for public purposes; | 216 |
(4) Cause, or create a substantial risk of, physical harm, | 217 |
through the offer or the acceptance of an agreement for hire or | 218 |
other consideration, to any property of another without the other | 219 |
person's consent or to any property of the offender or another | 220 |
with purpose to defraud; | 221 |
(5) Cause, or create a substantial risk of, physical harm to | 222 |
any park, preserve, wildlands, brush-covered land, cut-over land, | 223 |
forest, timberland, greenlands, woods, or similar real property | 224 |
that is owned or controlled by another person, the state, or a | 225 |
political subdivision without the consent of the other person, the | 226 |
state, or the political subdivision; | 227 |
(6) With purpose to defraud, cause, or create a substantial | 228 |
risk of, physical harm to any park, preserve, wildlands, | 229 |
brush-covered land, cut-over land, forest, timberland, greenlands, | 230 |
woods, or similar real property that is owned or controlled by the | 231 |
offender, another person, the state, or a political subdivision. | 232 |
(B)(1) Whoever violates this section is guilty of arson. | 233 |
(2) A violation of division (A)(1) of this section is one of | 234 |
the following: | 235 |
(a) Except as otherwise provided in division (B)(2)(b) of | 236 |
this section, a misdemeanor of the first degree; | 237 |
(b) If the value of the property or the amount of the | 238 |
physical harm involved is | 239 |
more, a felony of the fourth degree. | 240 |
(3) A violation of division (A)(2), (3), (5), or (6) of this | 241 |
section is a felony of the fourth degree. | 242 |
(4) A violation of division (A)(4) of this section is a | 243 |
felony of the third degree. | 244 |
Sec. 2909.05. (A) No person shall knowingly cause serious | 245 |
physical harm to an occupied structure or any of its contents. | 246 |
(B)(1) No person shall knowingly cause physical harm to | 247 |
property that is owned or possessed by another, when either of the | 248 |
following applies: | 249 |
(a) The property is used by its owner or possessor in the | 250 |
owner's or possessor's profession, business, trade, or occupation, | 251 |
and the value of the property or the amount of physical harm | 252 |
involved is | 253 |
(b) Regardless of the value of the property or the amount of | 254 |
damage done, the property or its equivalent is necessary in order | 255 |
for its owner or possessor to engage in the owner's or possessor's | 256 |
profession, business, trade, or occupation. | 257 |
(2) No person shall knowingly cause serious physical harm to | 258 |
property that is owned, leased, or controlled by a governmental | 259 |
entity. A governmental entity includes, but is not limited to, the | 260 |
state or a political subdivision of the state, a school district, | 261 |
the board of trustees of a public library or public university, or | 262 |
any other body corporate and politic responsible for governmental | 263 |
activities only in geographical areas smaller than that of the | 264 |
state. | 265 |
(C) No person, without privilege to do so, shall knowingly | 266 |
cause serious physical harm to any tomb, monument, gravestone, or | 267 |
other similar structure that is used as a memorial for the dead; | 268 |
to any fence, railing, curb, or other property that is used to | 269 |
protect, enclose, or ornament any cemetery; or to a cemetery. | 270 |
(D) No person, without privilege to do so, shall knowingly | 271 |
cause physical harm to a place of burial by breaking and entering | 272 |
into a tomb, crypt, casket, or other structure that is used as a | 273 |
memorial for the dead or as an enclosure for the dead. | 274 |
(E) Whoever violates this section is guilty of vandalism. | 275 |
Except as otherwise provided in this division, vandalism is a | 276 |
felony of the fifth degree that is punishable by a fine of up to | 277 |
two thousand five hundred dollars in addition to the penalties | 278 |
specified for a felony of the fifth degree in sections 2929.11 to | 279 |
2929.18 of the Revised Code. If the value of the property or the | 280 |
amount of physical harm involved is five thousand dollars or more | 281 |
but less than one hundred thousand dollars, vandalism is a felony | 282 |
of the fourth degree. If the value of the property or the amount | 283 |
of physical harm involved is one hundred thousand dollars or more, | 284 |
vandalism is a felony of the third degree. | 285 |
(F) For purposes of this section: | 286 |
(1) "Cemetery" means any place of burial and includes burial | 287 |
sites that contain American Indian burial objects placed with or | 288 |
containing American Indian human remains. | 289 |
(2) "Serious physical harm" means physical harm to property | 290 |
that results in loss to the value of the property of
| 291 |
hundred fifty dollars or more. | 292 |
Sec. 2909.11. (A) When a person is charged with a violation | 293 |
of division (A)(1) of section 2909.03 of the Revised Code | 294 |
involving property value or an amount of physical harm
of | 295 |
seven hundred fifty dollars or more or with a violation of | 296 |
section 2909.05 of the Revised Code involving property value or | 297 |
an amount
of physical harm of
| 298 |
or more, the jury or court trying the accused shall determine the | 299 |
value of the property or amount of physical harm and, if a guilty | 300 |
verdict is returned, shall return the finding as part of the | 301 |
verdict. In any such case, it is unnecessary to find or return | 302 |
the exact value or amount of physical harm, section 2945.75 of | 303 |
the Revised Code applies, and it is sufficient if either of the | 304 |
following applies, as appropriate, relative to the finding and | 305 |
return of the value or amount of physical harm: | 306 |
(1) If the finding and return relate to a violation of | 307 |
division (A)(1) of section 2909.03 of the Revised Code and are | 308 |
that the value or amount of the
physical harm was | 309 |
hundred fifty dollars or more, the finding and return shall | 310 |
include a
statement that the value or amount was | 311 |
hundred fifty dollars or more. | 312 |
(2) If the finding and return relate to a violation of | 313 |
division section 2909.05 of the Revised Code and are that the | 314 |
value or amount of the physical harm was in any of the following | 315 |
categories, the finding and return shall include one of the | 316 |
following statements, as appropriate: | 317 |
(a) If the finding and return are that the value or amount | 318 |
was one hundred thousand dollars or more, a statement that the | 319 |
value or amount was one hundred thousand dollars or more; | 320 |
(b) If the finding and return are that the value or amount | 321 |
was five thousand dollars or more but less than one hundred | 322 |
thousand dollars a statement that the value or amount was five | 323 |
thousand dollars or more but less than one hundred thousand | 324 |
dollars; | 325 |
(c) If the finding and return are that the value or amount | 326 |
was | 327 |
thousand
dollars, a statement that the value or
amount was | 328 |
seven hundred fifty dollars or more but less than five thousand | 329 |
dollars. | 330 |
(B) The following criteria shall be used in determining the | 331 |
value of property or amount of physical harm involved in a | 332 |
violation of division (A)(1) of section 2909.03 or section 2909.05 | 333 |
of the Revised Code: | 334 |
(1) If the property is an heirloom, memento, collector's | 335 |
item, antique, museum piece, manuscript, document, record, or | 336 |
other thing that is either irreplaceable or is replaceable only on | 337 |
the expenditure of substantial time, effort, or money, the value | 338 |
of the property or the amount of physical harm involved is the | 339 |
amount that would compensate the owner for its loss. | 340 |
(2) If the property is not covered under division (B)(1) of | 341 |
this section and the physical harm is such that the property can | 342 |
be restored substantially to its former condition, the amount of | 343 |
physical harm involved is the reasonable cost of restoring the | 344 |
property. | 345 |
(3) If the property is not covered under division (B)(1) of | 346 |
this section and the physical harm is such that the property | 347 |
cannot be restored substantially to its former condition, the | 348 |
value of the property, in the case of personal property, is the | 349 |
cost of replacing the property with new property of like kind and | 350 |
quality, and, in the case of real property or real property | 351 |
fixtures, is the difference in the fair market value of the | 352 |
property immediately before and immediately after the offense. | 353 |
(C) As used in this section, "fair market value" has the same | 354 |
meaning as in section 2913.61 of the Revised Code. | 355 |
(D) Prima-facie evidence of the value of property, as | 356 |
provided in division (E) of section 2913.61 of the Revised Code, | 357 |
may be used to establish the value of property pursuant to this | 358 |
section. | 359 |
Sec. 2913.02. (A) No person, with purpose to deprive the | 360 |
owner of property or services, shall knowingly obtain or exert | 361 |
control over either the property or services in any of the | 362 |
following ways: | 363 |
(1) Without the consent of the owner or person authorized to | 364 |
give consent; | 365 |
(2) Beyond the scope of the express or implied consent of the | 366 |
owner or person authorized to give consent; | 367 |
(3) By deception; | 368 |
(4) By threat; | 369 |
(5) By intimidation. | 370 |
(B)(1) Whoever violates this section is guilty of theft. | 371 |
(2) Except as otherwise provided in this division or division | 372 |
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of | 373 |
this section is petty theft, a misdemeanor of the first degree. If | 374 |
the value of the property or
services stolen is | 375 |
fifty dollars or more and is less than five thousand dollars or | 376 |
if the property stolen is any of the property listed in section | 377 |
2913.71 of the Revised Code, a violation of this section is theft, | 378 |
a felony of the fifth degree. If the value of the property or | 379 |
services stolen is five thousand dollars or more and is less than | 380 |
one hundred thousand dollars, a violation of this section is grand | 381 |
theft, a felony of the fourth degree. If the value of the property | 382 |
or services stolen is one hundred thousand dollars or more and is | 383 |
less than five hundred thousand dollars, a violation of this | 384 |
section is aggravated theft, a felony of the third degree. If the | 385 |
value of the property or services is five hundred thousand | 386 |
dollars or more and is less than one million dollars, a | 387 |
violation of this section is aggravated theft, a felony of the | 388 |
second degree. If the value of the property or services stolen is | 389 |
one million dollars or more, a violation of this section is | 390 |
aggravated theft of one million dollars or more, a felony of the | 391 |
first degree. | 392 |
(3) Except as otherwise provided in division (B)(4), (5), | 393 |
(6), (7), or (8) of this section, if the victim of the offense is | 394 |
an elderly person or disabled adult, a violation of this section | 395 |
is theft from an elderly person or disabled adult, and division | 396 |
(B)(3) of this section applies. Except as otherwise provided in | 397 |
this division, theft from an elderly person or disabled adult is a | 398 |
felony of the fifth degree. If the value of the property or | 399 |
services stolen is | 400 |
is less than five thousand dollars, theft from an elderly person | 401 |
or disabled adult is a felony of the fourth degree. If the value | 402 |
of the property or services stolen is five thousand dollars or | 403 |
more and is less than twenty-five thousand dollars, theft from an | 404 |
elderly person or disabled adult is a felony of the third degree. | 405 |
If the value of the property or services stolen is twenty-five | 406 |
thousand dollars or more and is less than one hundred thousand | 407 |
dollars, theft from an elderly person or disabled adult is a | 408 |
felony of the second degree. If the value of the property or | 409 |
services stolen is one hundred thousand dollars or more, theft | 410 |
from an elderly person or disabled adult is a felony of the first | 411 |
degree. | 412 |
(4) If the property stolen is a firearm or dangerous | 413 |
ordnance, a violation of this section is grand theft. Except as | 414 |
otherwise provided in this division, grand theft when the property | 415 |
stolen is a firearm or dangerous ordnance is a felony of the third | 416 |
degree, and there is a presumption in favor of the court imposing | 417 |
a prison term for the offense. If the firearm or dangerous | 418 |
ordnance was stolen from a federally licensed firearms dealer, | 419 |
grand theft when the property stolen is a firearm or dangerous | 420 |
ordnance is a felony of the first degree. The offender shall serve | 421 |
a prison term imposed for grand theft when the property stolen is | 422 |
a firearm or dangerous ordnance consecutively to any other prison | 423 |
term or mandatory prison term previously or subsequently imposed | 424 |
upon the offender. | 425 |
(5) If the property stolen is a motor vehicle, a violation of | 426 |
this section is grand theft of a motor vehicle, a felony of the | 427 |
fourth degree. | 428 |
(6) If the property stolen is any dangerous drug, a violation | 429 |
of this section is theft of drugs, a felony of the fourth degree, | 430 |
or, if the offender previously has been convicted of a felony drug | 431 |
abuse offense, a felony of the third degree. | 432 |
(7) If the property stolen is a police dog or horse or an | 433 |
assistance dog and the offender knows or should know that the | 434 |
property stolen is a police dog or horse or an assistance dog, a | 435 |
violation of this section is theft of a police dog or horse or an | 436 |
assistance dog, a felony of the third degree. | 437 |
(8) If the property stolen is anhydrous ammonia, a violation | 438 |
of this section is theft of anhydrous ammonia, a felony of the | 439 |
third degree. | 440 |
(9) In addition to the penalties described in division (B)(2) | 441 |
of this section, if the offender committed the violation by | 442 |
causing a motor vehicle to leave the premises of an establishment | 443 |
at which gasoline is offered for retail sale without the offender | 444 |
making full payment for gasoline that was dispensed into the fuel | 445 |
tank of the motor vehicle or into another container, the court may | 446 |
do one of the following: | 447 |
(a) Unless division (B)(9)(b) of this section applies, | 448 |
suspend for not more than six months the offender's driver's | 449 |
license, probationary driver's license, commercial driver's | 450 |
license, temporary instruction permit, or nonresident operating | 451 |
privilege; | 452 |
(b) If the offender's driver's license, probationary driver's | 453 |
license, commercial driver's license, temporary instruction | 454 |
permit, or nonresident operating privilege has previously been | 455 |
suspended pursuant to division (B)(9)(a) of this section, impose a | 456 |
class seven suspension of the offender's license, permit, or | 457 |
privilege from the range specified in division (A)(7) of section | 458 |
4510.02 of the Revised Code, provided that the suspension shall be | 459 |
for at least six months. | 460 |
(10) In addition to the penalties described in division | 461 |
(B)(2) of this section, if the offender committed the violation by | 462 |
stealing rented property or rental services, the court may order | 463 |
that the offender make restitution pursuant to section 2929.18 or | 464 |
2929.28 of the Revised Code. Restitution may include, but is not | 465 |
limited to, the cost of repairing or replacing the stolen | 466 |
property, or the cost of repairing the stolen property and any | 467 |
loss of revenue resulting from deprivation of the property due to | 468 |
theft of rental services that is less than or equal to the actual | 469 |
value of the property at the time it was rented. Evidence of | 470 |
intent to commit theft of rented property or rental services | 471 |
shall be determined pursuant to the provisions of section | 472 |
2913.72 of the Revised Code. | 473 |
(C) The sentencing court that suspends an offender's license, | 474 |
permit, or nonresident operating privilege under division (B)(9) | 475 |
of this section may grant the offender limited driving privileges | 476 |
during the period of the suspension in accordance with Chapter | 477 |
4510. of the Revised Code. | 478 |
Sec. 2913.03. (A) No person shall knowingly use or operate | 479 |
an aircraft, motor vehicle, motorcycle, motorboat, or other | 480 |
motor-propelled vehicle without the consent of the owner or person | 481 |
authorized to give consent. | 482 |
(B) No person shall knowingly use or operate an aircraft, | 483 |
motor vehicle, motorboat, or other motor-propelled vehicle without | 484 |
the consent of the owner or person authorized to give consent, and | 485 |
either remove it from this state or keep possession of it for more | 486 |
than forty-eight hours. | 487 |
(C) The following are affirmative defenses to a charge under | 488 |
this section: | 489 |
(1) At the time of the alleged offense, the actor, though | 490 |
mistaken, reasonably believed that the actor was authorized to use | 491 |
or operate the property. | 492 |
(2) At the time of the alleged offense, the actor reasonably | 493 |
believed that the owner or person empowered to give consent would | 494 |
authorize the actor to use or operate the property. | 495 |
(D)(1) Whoever violates this section is guilty of | 496 |
unauthorized use of a vehicle. | 497 |
(2) Except as otherwise provided in division (D)(4) of this | 498 |
section, a violation of division (A) of this section is a | 499 |
misdemeanor of the first degree. | 500 |
(3) Except as otherwise provided in division (D)(4) of this | 501 |
section, a violation of division (B) of this section is a felony | 502 |
of the fifth degree. | 503 |
(4) If the victim of the offense is an elderly person or | 504 |
disabled adult and if the victim incurs a loss as a result of the | 505 |
violation, a violation of division (A) or (B) of this section is | 506 |
whichever of the following is applicable: | 507 |
(a) Except as otherwise provided in division (D)(4)(b), (c), | 508 |
or (d) | 509 |
(b) If the loss to the victim is | 510 |
dollars or more and is less than five thousand dollars, a felony | 511 |
of the fourth degree; | 512 |
(c) If the loss to the victim is five thousand dollars or | 513 |
more and is less than twenty-five thousand dollars, a felony of | 514 |
the third degree; | 515 |
(d) If the loss to the victim is twenty-five thousand dollars | 516 |
or more, a felony of the second degree. | 517 |
Sec. 2913.04. (A) No person shall knowingly use or operate | 518 |
the property of another without the consent of the owner or person | 519 |
authorized to give consent. | 520 |
(B) No person, in any manner and by any means, including, but | 521 |
not limited to, computer hacking, shall knowingly gain access to, | 522 |
attempt to gain access to, or cause access to be gained to any | 523 |
computer, computer system, computer network, cable service, cable | 524 |
system, telecommunications device, telecommunications service, or | 525 |
information service without the consent of, or beyond the scope of | 526 |
the express or implied consent of, the owner of the computer, | 527 |
computer system, computer network, cable service, cable system, | 528 |
telecommunications device, telecommunications service, or | 529 |
information service or other person authorized to give consent. | 530 |
(C) No person shall knowingly gain access to, attempt to gain | 531 |
access to, cause access to be granted to, or disseminate | 532 |
information gained from access to the law enforcement automated | 533 |
database system created pursuant to section 5503.10 of the Revised | 534 |
Code without the consent of, or beyond the scope of the express or | 535 |
implied consent of, the chair of the law enforcement automated | 536 |
data system steering committee. | 537 |
(D) The affirmative defenses contained in division (C) of | 538 |
section 2913.03 of the Revised Code are affirmative defenses to a | 539 |
charge under this section. | 540 |
(E)(1) Whoever violates division (A) of this section is | 541 |
guilty of unauthorized use of property. | 542 |
(2) Except as otherwise provided in division (E)(3) or (4) of | 543 |
this section, unauthorized use of property is a misdemeanor of the | 544 |
fourth degree. | 545 |
(3) Except as otherwise provided in division (E)(4) of this | 546 |
section, if unauthorized use of property is committed for the | 547 |
purpose of devising or executing a scheme to defraud or to obtain | 548 |
property or services, unauthorized use of property is whichever of | 549 |
the following is applicable: | 550 |
(a) Except as otherwise provided in division (E)(3)(b), (c), | 551 |
or (d) of this section, a misdemeanor of the first degree. | 552 |
(b) If the value of the property or services or the loss to | 553 |
the victim is
| 554 |
less than five thousand dollars, a felony of the fifth degree. | 555 |
(c) If the value of the property or services or the loss to | 556 |
the victim is five thousand dollars or more and is less than one | 557 |
hundred thousand dollars, a felony of the fourth degree. | 558 |
(d) If the value of the property or services or the loss to | 559 |
the victim is one hundred thousand dollars or more, a felony of | 560 |
the third degree. | 561 |
(4) If the victim of the offense is an elderly person or | 562 |
disabled adult, unauthorized use of property is whichever of the | 563 |
following is applicable: | 564 |
(a) Except as otherwise provided in division (E)(4)(b), (c), | 565 |
or (d) of this section, a felony of the fifth degree; | 566 |
(b) If the value of the property or services or loss to the | 567 |
victim is | 568 |
than five thousand dollars, a felony of the fourth degree; | 569 |
(c) If the value of the property or services or loss to the | 570 |
victim is five thousand dollars or more and is less than | 571 |
twenty-five thousand dollars, a felony of the third degree; | 572 |
(d) If the value of the property or services or loss to the | 573 |
victim is twenty-five thousand dollars or more, a felony of the | 574 |
second degree. | 575 |
(F)(1) Whoever violates division (B) of this section is | 576 |
guilty of unauthorized use of computer, cable, or | 577 |
telecommunication property, and shall be punished as provided in | 578 |
division (F)(2), (3), or (4) of this section. | 579 |
(2) Except as otherwise provided in division (F)(3) or (4) of | 580 |
this section, unauthorized use of computer, cable, or | 581 |
telecommunication property is a felony of the fifth degree. | 582 |
(3) Except as otherwise provided in division (F)(4) of this | 583 |
section, if unauthorized use of computer, cable, or | 584 |
telecommunication property is committed for the purpose of | 585 |
devising or executing a scheme to defraud or to obtain property or | 586 |
services, for obtaining money, property, or services by false or | 587 |
fraudulent pretenses, or for committing any other criminal | 588 |
offense, unauthorized use of computer, cable, or telecommunication | 589 |
property is whichever of the following is applicable: | 590 |
(a) Except as otherwise provided in division (F)(3)(b) of | 591 |
this section, if the value of the property or services involved or | 592 |
the loss to the victim is five thousand dollars or more and less | 593 |
than one hundred thousand dollars, a felony of the fourth degree; | 594 |
(b) If the value of the property or services involved or the | 595 |
loss to the victim is one hundred thousand dollars or more, a | 596 |
felony of the third degree. | 597 |
(4) If the victim of the offense is an elderly person or | 598 |
disabled adult, unauthorized use of computer, cable, or | 599 |
telecommunication property is whichever of the following is | 600 |
applicable: | 601 |
(a) Except as otherwise provided in division (F)(4)(b), (c), | 602 |
or (d) of this section, a felony of the fifth degree; | 603 |
(b) If the value of the property or services or loss to the | 604 |
victim is | 605 |
than five thousand dollars, a felony of the fourth degree; | 606 |
(c) If the value of the property or services or loss to the | 607 |
victim is five thousand dollars or more and is less than | 608 |
twenty-five thousand dollars, a felony of the third degree; | 609 |
(d) If the value of the property or services or loss to the | 610 |
victim is twenty-five thousand dollars or more, a felony of the | 611 |
second degree. | 612 |
(G) Whoever violates division (C) of this section is guilty | 613 |
of unauthorized use of the law enforcement automated database | 614 |
system, a felony of the fifth degree. | 615 |
(H) As used in this section: | 616 |
(1) "Cable operator" means any person or group of persons | 617 |
that does either of the following: | 618 |
(a) Provides cable service over a cable system and directly | 619 |
or through one or more affiliates owns a significant interest in | 620 |
that cable system; | 621 |
(b) Otherwise controls or is responsible for, through any | 622 |
arrangement, the management and operation of a cable system. | 623 |
(2) "Cable service" means any of the following: | 624 |
(a) The one-way transmission to subscribers of video | 625 |
programming or of information that a cable operator makes | 626 |
available to all subscribers generally; | 627 |
(b) Subscriber interaction, if any, that is required for the | 628 |
selection or use of video programming or of information that a | 629 |
cable operator makes available to all subscribers generally, both | 630 |
as described in division (H)(2)(a) of this section; | 631 |
(c) Any cable television service. | 632 |
(3) "Cable system" means any facility, consisting of a set of | 633 |
closed transmission paths and associated signal generation, | 634 |
reception, and control equipment that is designed to provide cable | 635 |
service that includes video programming and that is provided to | 636 |
multiple subscribers within a community. "Cable system" does not | 637 |
include any of the following: | 638 |
(a) Any facility that serves only to retransmit the | 639 |
television signals of one or more television broadcast stations; | 640 |
(b) Any facility that serves subscribers without using any | 641 |
public right-of-way; | 642 |
(c) Any facility of a common carrier that, under 47 U.S.C.A. | 643 |
522(7)(c), is excluded from the term "cable system" as defined in | 644 |
47 U.S.C.A. 522(7); | 645 |
(d) Any open video system that complies with 47 U.S.C.A. 573; | 646 |
(e) Any facility of any electric utility used solely for | 647 |
operating its electric utility system. | 648 |
Sec. 2913.11. (A) As used in this section: | 649 |
(1) "Check" includes any form of debit from a demand deposit | 650 |
account, including, but not limited to any of the following: | 651 |
(a) A check, bill of exchange, draft, order of withdrawal, or | 652 |
similar negotiable or non-negotiable instrument; | 653 |
(b) An electronic check, electronic transaction, debit card | 654 |
transaction, check card transaction, substitute check, web check, | 655 |
or any form of automated clearing house transaction. | 656 |
(2) "Issue a check" means causing any form of debit from a | 657 |
demand deposit account. | 658 |
(B) No person, with purpose to defraud, shall issue or | 659 |
transfer or cause to be issued or transferred a check or other | 660 |
negotiable instrument, knowing that it will be dishonored or | 661 |
knowing that a person has ordered or will order stop payment on | 662 |
the check or other negotiable instrument. | 663 |
(C) For purposes of this section, a person who issues or | 664 |
transfers a check or other negotiable instrument is presumed to | 665 |
know that it will be dishonored if either of the following occurs: | 666 |
(1) The drawer had no account with the drawee at the time of | 667 |
issue or the stated date, whichever is later; | 668 |
(2) The check or other negotiable instrument was properly | 669 |
refused payment for insufficient funds upon presentment within | 670 |
thirty days after issue or the stated date, whichever is later, | 671 |
and the liability of the drawer, indorser, or any party who may be | 672 |
liable thereon is not discharged by payment or satisfaction within | 673 |
ten days after receiving notice of dishonor. | 674 |
(D) For purposes of this section, a person who issues or | 675 |
transfers a check, bill of exchange, or other draft is presumed to | 676 |
have the purpose to defraud if the drawer fails to comply with | 677 |
section 1349.16 of the Revised Code by doing any of the following | 678 |
when opening a checking account intended for personal, family, or | 679 |
household purposes at a financial institution: | 680 |
(1) Falsely stating that the drawer has not been issued a | 681 |
valid driver's or commercial driver's license or identification | 682 |
card issued under section 4507.50 of the Revised Code; | 683 |
(2) Furnishing such license or card, or another | 684 |
identification document that contains false information; | 685 |
(3) Making a false statement with respect to the drawer's | 686 |
current address or any additional relevant information reasonably | 687 |
required by the financial institution. | 688 |
(E) In determining the value of the payment for purposes of | 689 |
division (F) of this section, the court may aggregate all checks | 690 |
and other negotiable instruments that the offender issued or | 691 |
transferred or caused to be issued or transferred in violation of | 692 |
division (A) of this section within a period of one hundred eighty | 693 |
consecutive days. | 694 |
(F) Whoever violates this section is guilty of passing bad | 695 |
checks. Except as otherwise provided in this division, passing bad | 696 |
checks is a misdemeanor of the first degree. If the check or | 697 |
checks or other negotiable instrument or instruments are issued or | 698 |
transferred to a single vendor or single other person for the | 699 |
payment of | 700 |
five thousand dollars or if the check or checks or other | 701 |
negotiable instrument or instruments are issued or transferred to | 702 |
multiple vendors or persons for the payment of one thousand | 703 |
dollars or more but less than five thousand dollars, passing bad | 704 |
checks is a felony of the fifth degree. If the check or checks or | 705 |
other negotiable instrument or instruments are for the payment of | 706 |
five thousand dollars or more but less than one hundred thousand | 707 |
dollars, passing bad checks is a felony of the fourth degree. If | 708 |
the check or checks or other negotiable instrument or instruments | 709 |
are for the payment of one hundred thousand dollars or more, | 710 |
passing bad checks is a felony of the third degree. | 711 |
Sec. 2913.21. (A) No person shall do any of the following: | 712 |
(1) Practice deception for the purpose of procuring the | 713 |
issuance of a credit card, when a credit card is issued in actual | 714 |
reliance thereon; | 715 |
(2) Knowingly buy or sell a credit card from or to a person | 716 |
other than the issuer. | 717 |
(B) No person, with purpose to defraud, shall do any of the | 718 |
following: | 719 |
(1) Obtain control over a credit card as security for a debt; | 720 |
(2) Obtain property or services by the use of a credit card, | 721 |
in one or more transactions, knowing or having reasonable cause to | 722 |
believe that the card has expired or been revoked, or was | 723 |
obtained, is retained, or is being used in violation of law; | 724 |
(3) Furnish property or services upon presentation of a | 725 |
credit card, knowing that the card is being used in violation of | 726 |
law; | 727 |
(4) Represent or cause to be represented to the issuer of a | 728 |
credit card that property or services have been furnished, knowing | 729 |
that the representation is false. | 730 |
(C) No person, with purpose to violate this section, shall | 731 |
receive, possess, control, or dispose of a credit card. | 732 |
(D)(1) Whoever violates this section is guilty of misuse of | 733 |
credit cards. | 734 |
(2) Except as otherwise provided in division (D)(4) of this | 735 |
section, a violation of division (A), (B)(1), or (C) of this | 736 |
section is a misdemeanor of the first degree. | 737 |
(3) Except as otherwise provided in this division or division | 738 |
(D)(4) of this section, a violation of division (B)(2), (3), or | 739 |
(4) of this section is a misdemeanor of the first degree. If the | 740 |
cumulative retail value of the property and services involved in | 741 |
one or more violations of division (B)(2), (3), or (4) of this | 742 |
section, which violations involve one or more credit card accounts | 743 |
and occur within a period of ninety consecutive days commencing on | 744 |
the date
of the first violation, is | 745 |
dollars or more and is less than five thousand dollars, misuse of | 746 |
credit cards in violation of any of those divisions is a felony of | 747 |
the fifth degree. If the cumulative retail value of the property | 748 |
and services involved in one or more violations of division | 749 |
(B)(2), (3), or (4) of this section, which violations involve one | 750 |
or more credit card accounts and occur within a period of ninety | 751 |
consecutive days commencing on the date of the first violation, is | 752 |
five thousand dollars or more and is less than one hundred | 753 |
thousand dollars, misuse of credit cards in violation of any of | 754 |
those divisions is a felony of the fourth degree. If the | 755 |
cumulative retail value of the property and services involved in | 756 |
one or more violations of division (B)(2), (3), or (4) of this | 757 |
section, which violations involve one or more credit card accounts | 758 |
and occur within a period of ninety consecutive days commencing on | 759 |
the date of the first violation, is one hundred thousand dollars | 760 |
or more, misuse of credit cards in violation of any of those | 761 |
divisions is a felony of the third degree. | 762 |
(4) If the victim of the offense is an elderly person or | 763 |
disabled adult, and if the offense involves a violation of | 764 |
division (B)(1) or (2) of this section, division (D)(4) of this | 765 |
section applies. Except as otherwise provided in division (D)(4) | 766 |
of this section, a violation of division (B)(1) or (2) of this | 767 |
section is a felony of the fifth degree. If the debt for which the | 768 |
card is held as security or the cumulative retail value of the | 769 |
property or services involved in the violation is | 770 |
hundred fifty dollars or more and is less than five thousand | 771 |
dollars, a violation of either of those divisions is a felony of | 772 |
the fourth degree. If the debt for which the card is held as | 773 |
security or the cumulative retail value of the property or | 774 |
services involved in the violation is five thousand dollars or | 775 |
more and is less than twenty-five thousand dollars, a violation | 776 |
of either of those divisions is a felony of the third degree. If | 777 |
the debt for which the card is held as security or the | 778 |
cumulative retail value of the property or services involved in | 779 |
the violation is twenty-five thousand dollars or more, a | 780 |
violation of either of those divisions is a felony of the second | 781 |
degree. | 782 |
Sec. 2913.31. (A) No person, with purpose to defraud, or | 783 |
knowing that the person is facilitating a fraud, shall do any of | 784 |
the following: | 785 |
(1) Forge any writing of another without the other person's | 786 |
authority; | 787 |
(2) Forge any writing so that it purports to be genuine when | 788 |
it actually is spurious, or to be the act of another who did not | 789 |
authorize that act, or to have been executed at a time or place or | 790 |
with terms different from what in fact was the case, or to be a | 791 |
copy of an original when no such original existed; | 792 |
(3) Utter, or possess with purpose to utter, any writing that | 793 |
the person knows to have been forged. | 794 |
(B) No person shall knowingly do either of the following: | 795 |
(1) Forge an identification card; | 796 |
(2) Sell or otherwise distribute a card that purports to be | 797 |
an identification card, knowing it to have been forged. | 798 |
As used in this division, "identification card" means a card | 799 |
that includes personal information or characteristics of an | 800 |
individual, a purpose of which is to establish the identity of the | 801 |
bearer described on the card, whether the words "identity," | 802 |
"identification," "identification card," or other similar words | 803 |
appear on the card. | 804 |
(C)(1)(a) Whoever violates division (A) of this section is | 805 |
guilty of forgery. | 806 |
(b) Except as otherwise provided in this division or division | 807 |
(C)(1)(c) of this section, forgery is a felony of the fifth | 808 |
degree. If property or services are involved in the offense or | 809 |
the victim suffers a loss, forgery is one of the following: | 810 |
(i) If the value of the property or services or the loss to | 811 |
the victim is five thousand dollars or more and is less than one | 812 |
hundred thousand dollars, a felony of the fourth degree; | 813 |
(ii) If the value of the property or services or the loss to | 814 |
the victim is one hundred thousand dollars or more, a felony of | 815 |
the third degree. | 816 |
(c) If the victim of the offense is an elderly person or | 817 |
disabled adult, division (C)(1)(c) of this section applies to the | 818 |
forgery. Except as otherwise provided in division (C)(1)(c) of | 819 |
this section, forgery is a felony of the fifth degree. If property | 820 |
or services are involved in the offense or if the victim suffers a | 821 |
loss, forgery is one of the following: | 822 |
(i) If the value of the property or services or the loss to | 823 |
the victim is | 824 |
than five thousand dollars, a felony of the fourth degree; | 825 |
(ii) If the value of the property or services or the loss to | 826 |
the victim is five thousand dollars or more and is less than | 827 |
twenty-five thousand dollars, a felony of the third degree; | 828 |
(iii) If the value of the property or services or the loss to | 829 |
the victim is twenty-five thousand dollars or more, a felony of | 830 |
the second degree. | 831 |
(2) Whoever violates division (B) of this section is guilty | 832 |
of forging identification cards or selling or distributing forged | 833 |
identification cards. Except as otherwise provided in this | 834 |
division, forging identification cards or selling or distributing | 835 |
forged identification cards is a misdemeanor of the first degree. | 836 |
If the offender previously has been convicted of a violation of | 837 |
division (B) of this section, forging identification cards or | 838 |
selling or distributing forged identification cards is a | 839 |
misdemeanor of the first degree and, in addition, the court shall | 840 |
impose upon the offender a fine of not less than two hundred fifty | 841 |
dollars. | 842 |
Sec. 2913.32. (A) No person, with purpose to defraud, or | 843 |
knowing that the person is facilitating a fraud, shall do any of | 844 |
the following: | 845 |
(1) Make or alter any object so that it appears to have value | 846 |
because of antiquity, rarity, curiosity, source, or authorship, | 847 |
which it does not in fact possess; | 848 |
(2) Practice deception in making, retouching, editing, or | 849 |
reproducing any photograph, movie film, video tape, phonograph | 850 |
record, or recording tape; | 851 |
(3) Falsely or fraudulently make, simulate, forge, alter, or | 852 |
counterfeit any wrapper, label, stamp, cork, or cap prescribed by | 853 |
the liquor control commission under Chapters 4301. and 4303. of | 854 |
the Revised Code, falsely or fraudulently cause to be made, | 855 |
simulated, forged, altered, or counterfeited any wrapper, label, | 856 |
stamp, cork, or cap prescribed by the liquor control commission | 857 |
under Chapters 4301. and 4303. of the Revised Code, or use more | 858 |
than once any wrapper, label, stamp, cork, or cap prescribed by | 859 |
the liquor control commission under Chapters 4301. and 4303. of | 860 |
the Revised Code. | 861 |
(4) Utter, or possess with purpose to utter, any object that | 862 |
the person knows to have been simulated as provided in division | 863 |
(A)(1), (2), or (3) of this section. | 864 |
(B) Whoever violates this section is guilty of criminal | 865 |
simulation. Except as otherwise provided in this division, | 866 |
criminal simulation is a misdemeanor of the first degree. If the | 867 |
loss to the
victim is | 868 |
and is less than five thousand dollars, criminal simulation is a | 869 |
felony of the fifth degree. If the loss to the victim is five | 870 |
thousand dollars or more and is less than one hundred thousand | 871 |
dollars, criminal simulation is a felony of the fourth degree. If | 872 |
the loss to the victim is one hundred thousand dollars or more, | 873 |
criminal simulation is a felony of the third degree. | 874 |
Sec. 2913.34. (A) No person shall knowingly do any of the | 875 |
following: | 876 |
(1) Attach, affix, or otherwise use a counterfeit mark in | 877 |
connection with the manufacture of goods or services, whether or | 878 |
not the goods or services are intended for sale or resale; | 879 |
(2) Possess, sell, or offer for sale tools, machines, | 880 |
instruments, materials, articles, or other items of personal | 881 |
property with the knowledge that they are designed for the | 882 |
production or reproduction of counterfeit marks; | 883 |
(3) Purchase or otherwise acquire goods, and keep or | 884 |
otherwise have the goods in the person's possession, with the | 885 |
knowledge that a counterfeit mark is attached to, affixed to, or | 886 |
otherwise used in connection with the goods and with the intent to | 887 |
sell or otherwise dispose of the goods; | 888 |
(4) Sell, offer for sale, or otherwise dispose of goods with | 889 |
the knowledge that a counterfeit mark is attached to, affixed to, | 890 |
or otherwise used in connection with the goods; | 891 |
(5) Sell, offer for sale, or otherwise provide services with | 892 |
the knowledge that a counterfeit mark is used in connection with | 893 |
that sale, offer for sale, or other provision of the services. | 894 |
(B)(1) Whoever violates this section is guilty of trademark | 895 |
counterfeiting. | 896 |
(2) Except as otherwise provided in this division, a | 897 |
violation of division (A)(1) of this section is a felony of the | 898 |
fifth degree. Except as otherwise provided in this division, if | 899 |
the cumulative sales price of the goods or services to which or in | 900 |
connection with which the counterfeit mark is attached, affixed, | 901 |
or otherwise used in the offense is five thousand dollars or more | 902 |
but less than one hundred thousand dollars or if the number of | 903 |
units of goods to which or in connection with which the | 904 |
counterfeit mark is attached, affixed, or otherwise used in the | 905 |
offense is more than one hundred units but less than one thousand | 906 |
units, a violation of division (A)(1) of this section is a felony | 907 |
of the fourth degree. If the cumulative sales price of the goods | 908 |
or services to which or in connection with which the counterfeit | 909 |
mark is attached, affixed, or otherwise used in the offense is one | 910 |
hundred thousand dollars or more or if the number of units of | 911 |
goods to which or in connection with which the counterfeit mark is | 912 |
attached, affixed, or otherwise used in the offense is one | 913 |
thousand units or more, a violation of division (A)(1) of this | 914 |
section is a felony of the third degree. | 915 |
(3) Except as otherwise provided in this division, a | 916 |
violation of division (A)(2) of this section is a misdemeanor of | 917 |
the first degree. If the circumstances of the violation indicate | 918 |
that the tools, machines, instruments, materials, articles, or | 919 |
other items of personal property involved in the violation were | 920 |
intended for use in the commission of a felony, a violation of | 921 |
division (A)(2) of this section is a felony of the fifth degree. | 922 |
(4) Except as otherwise provided in this division, a | 923 |
violation of division (A)(3), (4), or (5) of this section is a | 924 |
misdemeanor of the first degree. Except as otherwise provided in | 925 |
this division, if the cumulative sales price of the goods or | 926 |
services to which or in connection with which the counterfeit mark | 927 |
is attached, affixed, or
otherwise used in the offense is | 928 |
seven hundred fifty dollars or more but less than five thousand | 929 |
dollars, a violation of division (A)(3), (4), or (5) of this | 930 |
section is a felony of the fifth degree. Except as otherwise | 931 |
provided in this division, if the cumulative sales price of the | 932 |
goods or services to which or in connection with which the | 933 |
counterfeit mark is attached, affixed, or otherwise used in the | 934 |
offense is five thousand dollars or more but less than one | 935 |
hundred thousand dollars or if the number of units of goods to | 936 |
which or in connection with which the counterfeit mark is | 937 |
attached, affixed, or otherwise used in the offense is more than | 938 |
one hundred units but less than one thousand units, a violation | 939 |
of division (A)(3), (4), or (5) of this section is a felony of | 940 |
the fourth degree. If the cumulative sales price of the goods or | 941 |
services to which or in connection with which the counterfeit mark | 942 |
is attached, affixed, or otherwise used in the offense is one | 943 |
hundred thousand dollars or more or if the number of units of | 944 |
goods to which or in connection with which the counterfeit mark is | 945 |
attached, affixed, or otherwise used in the offense is one | 946 |
thousand units or more, a violation of division (A)(3), (4), or | 947 |
(5) of this section is a felony of the third degree. | 948 |
(C) A defendant may assert as an affirmative defense to a | 949 |
charge of a violation of this section defenses, affirmative | 950 |
defenses, and limitations on remedies that would be available in a | 951 |
civil, criminal, or administrative action or proceeding under the | 952 |
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as | 953 |
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat. | 954 |
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section | 955 |
of the Revised Code, or common law. | 956 |
(D)(1) Law enforcement officers may seize pursuant to | 957 |
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code | 958 |
either of the following: | 959 |
(a) Goods to which or in connection with which a person | 960 |
attached, affixed, otherwise used, or intended to attach, affix, | 961 |
or otherwise use a counterfeit mark in violation of this section; | 962 |
(b) Tools, machines, instruments, materials, articles, | 963 |
vehicles, or other items of personal property that are possessed, | 964 |
sold, offered for sale, or used in a violation of this section or | 965 |
in an attempt to commit or complicity in the commission of a | 966 |
violation of this section. | 967 |
(2) Notwithstanding any contrary provision of Chapter 2981. | 968 |
of the Revised Code, if a person is convicted of or pleads guilty | 969 |
to a violation of this section, an attempt to violate this | 970 |
section, or complicity in a violation of this section, the court | 971 |
involved shall declare that the goods described in division | 972 |
(D)(1)(a) of this section and the personal property described in | 973 |
division (D)(1)(b) of this section are contraband and are | 974 |
forfeited. Prior to the court's entry of judgment under Criminal | 975 |
Rule 32, the owner of a registered trademark or service mark that | 976 |
is the subject of the counterfeit mark may recommend a manner in | 977 |
which the forfeited goods and forfeited personal property should | 978 |
be disposed of. If that owner makes a timely recommendation of a | 979 |
manner of disposition, the court is not bound by the | 980 |
recommendation. If that owner makes a timely recommendation of a | 981 |
manner of disposition, the court may include in its entry of | 982 |
judgment an order that requires appropriate persons to dispose of | 983 |
the forfeited goods and forfeited personal property in the | 984 |
recommended manner. If that owner fails to make a timely | 985 |
recommendation of a manner of disposition or if that owner makes a | 986 |
timely recommendation of the manner of disposition but the court | 987 |
determines to not follow the recommendation, the court shall | 988 |
include in its entry of judgment an order that requires the law | 989 |
enforcement agency that employs the law enforcement officer who | 990 |
seized the forfeited goods or the forfeited personal property to | 991 |
destroy them or cause their destruction. | 992 |
(E) This section does not affect the rights of an owner of a | 993 |
trademark or a service mark, or the enforcement in a civil action | 994 |
or in administrative proceedings of the rights of an owner of a | 995 |
trademark or a service mark, under the "Lanham Act," 60 Stat. | 996 |
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark | 997 |
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as | 998 |
amended, Chapter 1329. or another section of the Revised Code, or | 999 |
common law. | 1000 |
(F) As used in this section: | 1001 |
(1)(a) Except as provided in division (F)(1)(b) of this | 1002 |
section, "counterfeit mark" means a spurious trademark or a | 1003 |
spurious service mark that satisfies both of the following: | 1004 |
(i) It is identical with or substantially indistinguishable | 1005 |
from a mark that is registered on the principal register in the | 1006 |
United States patent and trademark office for the same goods or | 1007 |
services as the goods or services to which or in connection with | 1008 |
which the spurious trademark or spurious service mark is attached, | 1009 |
affixed, or otherwise used or from a mark that is registered with | 1010 |
the secretary of state pursuant to sections 1329.54 to 1329.67 of | 1011 |
the Revised Code for the same goods or services as the goods or | 1012 |
services to which or in connection with which the spurious | 1013 |
trademark or spurious service mark is attached, affixed, or | 1014 |
otherwise used, and the owner of the registration uses the | 1015 |
registered mark, whether or not the offender knows that the mark | 1016 |
is registered in a manner described in division (F)(1)(a)(i) of | 1017 |
this section. | 1018 |
(ii) Its use is likely to cause confusion or mistake or to | 1019 |
deceive other persons. | 1020 |
(b) "Counterfeit mark" does not include a mark or other | 1021 |
designation that is attached to, affixed to, or otherwise used in | 1022 |
connection with goods or services if the holder of the right to | 1023 |
use the mark or other designation authorizes the manufacturer, | 1024 |
producer, or vendor of those goods or services to attach, affix, | 1025 |
or otherwise use the mark or other designation in connection with | 1026 |
those goods or services at the time of their manufacture, | 1027 |
production, or sale. | 1028 |
(2) "Cumulative sales price" means the product of the lowest | 1029 |
single unit sales price charged or sought to be charged by an | 1030 |
offender for goods to which or in connection with which a | 1031 |
counterfeit mark is attached, affixed, or otherwise used or of the | 1032 |
lowest single service transaction price charged or sought to be | 1033 |
charged by an offender for services in connection with which a | 1034 |
counterfeit mark is used, multiplied by the total number of those | 1035 |
goods or services, whether or not units of goods are sold or are | 1036 |
in an offender's possession, custody, or control. | 1037 |
(3) "Registered trademark or service mark" means a trademark | 1038 |
or service mark that is registered in a manner described in | 1039 |
division (F)(1) of this section. | 1040 |
(4) "Trademark" and "service mark" have the same meanings as | 1041 |
in section 1329.54 of the Revised Code. | 1042 |
Sec. 2913.40. (A) As used in this section: | 1043 |
(1) "Statement or representation" means any oral, written, | 1044 |
electronic, electronic impulse, or magnetic communication that is | 1045 |
used to identify an item of goods or a service for which | 1046 |
reimbursement may be made under the medical assistance program or | 1047 |
that states income and expense and is or may be used to determine | 1048 |
a rate of reimbursement under the medical assistance program. | 1049 |
(2) "Medical assistance program" means the program | 1050 |
established by the department of job and family services to | 1051 |
provide medical assistance under section 5111.01 of the Revised | 1052 |
Code and the medicaid program of Title XIX of the "Social Security | 1053 |
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 1054 |
(3) "Provider" means any person who has signed a provider | 1055 |
agreement with the department of job and family services to | 1056 |
provide goods or services pursuant to the medical assistance | 1057 |
program or any person who has signed an agreement with a party to | 1058 |
such a provider agreement under which the person agrees to provide | 1059 |
goods or services that are reimbursable under the medical | 1060 |
assistance program. | 1061 |
(4) "Provider agreement" means an oral or written agreement | 1062 |
between the department of job and family services and a person in | 1063 |
which the person agrees to provide goods or services under the | 1064 |
medical assistance program. | 1065 |
(5) "Recipient" means any individual who receives goods or | 1066 |
services from a provider under the medical assistance program. | 1067 |
(6) "Records" means any medical, professional, financial, or | 1068 |
business records relating to the treatment or care of any | 1069 |
recipient, to goods or services provided to any recipient, or to | 1070 |
rates paid for goods or services provided to any recipient and any | 1071 |
records that are required by the rules of the director of job and | 1072 |
family services to be kept for the medical assistance program. | 1073 |
(B) No person shall knowingly make or cause to be made a | 1074 |
false or misleading statement or representation for use in | 1075 |
obtaining reimbursement from the medical assistance program. | 1076 |
(C) No person, with purpose to commit fraud or knowing that | 1077 |
the person is facilitating a fraud, shall do either of the | 1078 |
following: | 1079 |
(1) Contrary to the terms of the person's provider agreement, | 1080 |
charge, solicit, accept, or receive for goods or services that the | 1081 |
person provides under the medical assistance program any property, | 1082 |
money, or other consideration in addition to the amount of | 1083 |
reimbursement under the medical assistance program and the | 1084 |
person's provider agreement for the goods or services and any | 1085 |
cost-sharing expenses authorized by section 5111.0112 of the | 1086 |
Revised Code or rules adopted pursuant to section 5111.01, | 1087 |
5111.011, or 5111.02 of the Revised Code. | 1088 |
(2) Solicit, offer, or receive any remuneration, other than | 1089 |
any cost-sharing expenses authorized by section 5111.0112 of the | 1090 |
Revised Code or rules adopted under section 5111.01, 5111.011, or | 1091 |
5111.02 of the Revised Code, in cash or in kind, including, but | 1092 |
not limited to, a kickback or rebate, in connection with the | 1093 |
furnishing of goods or services for which whole or partial | 1094 |
reimbursement is or may be made under the medical assistance | 1095 |
program. | 1096 |
(D) No person, having submitted a claim for or provided goods | 1097 |
or services under the medical assistance program, shall do either | 1098 |
of the following for a period of at least six years after a | 1099 |
reimbursement pursuant to that claim, or a reimbursement for those | 1100 |
goods or services, is received under the medical assistance | 1101 |
program: | 1102 |
(1) Knowingly alter, falsify, destroy, conceal, or remove any | 1103 |
records that are necessary to fully disclose the nature of all | 1104 |
goods or services for which the claim was submitted, or for which | 1105 |
reimbursement was received, by the person; | 1106 |
(2) Knowingly alter, falsify, destroy, conceal, or remove any | 1107 |
records that are necessary to disclose fully all income and | 1108 |
expenditures upon which rates of reimbursements were based for the | 1109 |
person. | 1110 |
(E) Whoever violates this section is guilty of medicaid | 1111 |
fraud. Except as otherwise provided in this division, medicaid | 1112 |
fraud is a misdemeanor of the first degree. If the value of | 1113 |
property, services, or funds obtained in violation of this section | 1114 |
is | 1115 |
thousand dollars, medicaid fraud is a felony of the fifth degree. | 1116 |
If the value of property, services, or funds obtained in violation | 1117 |
of this section is five thousand dollars or more and is less than | 1118 |
one hundred thousand dollars, medicaid fraud is a felony of the | 1119 |
fourth degree. If the value of the property, services, or funds | 1120 |
obtained in violation of this section is one hundred thousand | 1121 |
dollars or more, medicaid fraud is a felony of the third degree. | 1122 |
(F) Upon application of the governmental agency, office, or | 1123 |
other entity that conducted the investigation and prosecution in a | 1124 |
case under this section, the court shall order any person who is | 1125 |
convicted of a violation of this section for receiving any | 1126 |
reimbursement for furnishing goods or services under the medical | 1127 |
assistance program to which the person is not entitled to pay to | 1128 |
the applicant its cost of investigating and prosecuting the case. | 1129 |
The costs of investigation and prosecution that a defendant is | 1130 |
ordered to pay pursuant to this division shall be in addition to | 1131 |
any other penalties for the receipt of that reimbursement that are | 1132 |
provided in this section, section 5111.03 of the Revised Code, or | 1133 |
any other provision of law. | 1134 |
(G) The provisions of this section are not intended to be | 1135 |
exclusive remedies and do not preclude the use of any other | 1136 |
criminal or civil remedy for any act that is in violation of this | 1137 |
section. | 1138 |
Sec. 2913.401. (A) As used in this section: | 1139 |
(1) "Medicaid benefits" means benefits under the medical | 1140 |
assistance program established under Chapter 5111. of the Revised | 1141 |
Code. | 1142 |
(2) "Property" means any real or personal property or other | 1143 |
asset in which a person has any legal title or interest. | 1144 |
(B) No person shall knowingly do any of the following in an | 1145 |
application for medicaid benefits or in a document that requires a | 1146 |
disclosure of assets for the purpose of determining eligibility to | 1147 |
receive medicaid benefits: | 1148 |
(1) Make or cause to be made a false or misleading statement; | 1149 |
(2) Conceal an interest in property; | 1150 |
(3)(a) Except as provided in division (B)(3)(b) of this | 1151 |
section, fail to disclose a transfer of property that occurred | 1152 |
during the period beginning thirty-six months before submission of | 1153 |
the application or document and ending on the date the application | 1154 |
or document was submitted; | 1155 |
(b) Fail to disclose a transfer of property that occurred | 1156 |
during the period beginning sixty months before submission of the | 1157 |
application or document and ending on the date the application or | 1158 |
document was submitted and that was made to an irrevocable trust a | 1159 |
portion of which is not distributable to the applicant for | 1160 |
medicaid benefits or the recipient of medicaid benefits or to a | 1161 |
revocable trust. | 1162 |
(C)(1) Whoever violates this section is guilty of medicaid | 1163 |
eligibility fraud. Except as otherwise provided in this division, | 1164 |
a violation of this section is a misdemeanor of the first degree. | 1165 |
If the value of the medicaid benefits paid as a result of the | 1166 |
violation is | 1167 |
than five thousand dollars, a violation of this section is a | 1168 |
felony of the fifth degree. If the value of the medicaid benefits | 1169 |
paid as a result of the violation is five thousand dollars or | 1170 |
more and is less than one hundred thousand dollars, a violation | 1171 |
of this section is a felony of the fourth degree. If the value of | 1172 |
the medicaid benefits paid as a result of the violation is one | 1173 |
hundred thousand dollars or more, a violation of this section is | 1174 |
a felony of the third degree. | 1175 |
(2) In addition to imposing a sentence under division (C)(1) | 1176 |
of this section, the court shall order that a person who is guilty | 1177 |
of medicaid eligibility fraud make restitution in the full amount | 1178 |
of any medicaid benefits paid on behalf of an applicant for or | 1179 |
recipient of medicaid benefits for which the applicant or | 1180 |
recipient was not eligible, plus interest at the rate applicable | 1181 |
to judgments on unreimbursed amounts from the date on which the | 1182 |
benefits were paid to the date on which restitution is made. | 1183 |
(3) The remedies and penalties provided in this section are | 1184 |
not exclusive and do not preclude the use of any other criminal or | 1185 |
civil remedy for any act that is in violation of this section. | 1186 |
(D) This section does not apply to a person who fully | 1187 |
disclosed in an application for medicaid benefits or in a document | 1188 |
that requires a disclosure of assets for the purpose of | 1189 |
determining eligibility to receive medicaid benefits all of the | 1190 |
interests in property of the applicant for or recipient of | 1191 |
medicaid benefits, all transfers of property by the applicant for | 1192 |
or recipient of medicaid benefits, and the circumstances of all | 1193 |
those transfers. | 1194 |
(E) Any amounts of medicaid benefits recovered as restitution | 1195 |
under this section and any interest on those amounts shall be | 1196 |
credited to the general revenue fund, and any applicable federal | 1197 |
share shall be returned to the appropriate agency or department of | 1198 |
the United States. | 1199 |
Sec. 2913.42. (A) No person, knowing the person has no | 1200 |
privilege to do so, and with purpose to defraud or knowing that | 1201 |
the person is facilitating a fraud, shall do any of the following: | 1202 |
(1) Falsify, destroy, remove, conceal, alter, deface, or | 1203 |
mutilate any writing, computer software, data, or record; | 1204 |
(2) Utter any writing or record, knowing it to have been | 1205 |
tampered with as provided in division (A)(1) of this section. | 1206 |
(B)(1) Whoever violates this section is guilty of tampering | 1207 |
with records. | 1208 |
(2) Except as provided in division (B)(4) of this section, if | 1209 |
the offense does not involve data or computer software, tampering | 1210 |
with records is whichever of the following is applicable: | 1211 |
(a) If division (B)(2)(b) of this section does not apply, a | 1212 |
misdemeanor of the first degree; | 1213 |
(b) If the writing or record is a will unrevoked at the time | 1214 |
of the offense, a felony of the fifth degree. | 1215 |
(3) Except as provided in division (B)(4) of this section, if | 1216 |
the offense involves a violation of division (A) of this section | 1217 |
involving data or computer software, tampering with records is | 1218 |
whichever of the following is applicable: | 1219 |
(a) Except as otherwise provided in division (B)(3)(b), (c), | 1220 |
or (d) of this section, a misdemeanor of the first degree; | 1221 |
(b) If the value of the data or computer software involved in | 1222 |
the
offense
or the loss to the victim is | 1223 |
dollars or more and is less than five thousand dollars, a felony | 1224 |
of the fifth degree; | 1225 |
(c) If the value of the data or computer software involved in | 1226 |
the offense or the loss to the victim is five thousand dollars or | 1227 |
more and is less than one hundred thousand dollars, a felony of | 1228 |
the fourth degree; | 1229 |
(d) If the value of the data or computer software involved in | 1230 |
the offense or the loss to the victim is one hundred thousand | 1231 |
dollars or more or if the offense is committed for the purpose of | 1232 |
devising or executing a scheme to defraud or to obtain property or | 1233 |
services and the value of the property or services or the loss to | 1234 |
the victim is five thousand dollars or more, a felony of the third | 1235 |
degree. | 1236 |
(4) If the writing, data, computer software, or record is | 1237 |
kept by or belongs to a local, state, or federal governmental | 1238 |
entity, a felony of the third degree. | 1239 |
Sec. 2913.421. (A) As used in this section: | 1240 |
(1) "Computer," "computer network," and "computer system" | 1241 |
have the same meanings as in section 2913.01 of the Revised Code. | 1242 |
(2) "Commercial electronic mail message" means any electronic | 1243 |
mail message the primary purpose of which is the commercial | 1244 |
advertisement or promotion of a commercial product or service, | 1245 |
including content on an internet web site operated for a | 1246 |
commercial purpose, but does not include a transactional or | 1247 |
relationship message. The inclusion of a reference to a commercial | 1248 |
entity or a link to the web site of a commercial entity does not, | 1249 |
by itself, cause that message to be treated as a commercial | 1250 |
electronic mail message for the purpose of this section, if the | 1251 |
contents or circumstances of the message indicate a primary | 1252 |
purpose other than commercial advertisement or promotion of a | 1253 |
commercial product or service. | 1254 |
(3) "Domain name" means any alphanumeric designation that is | 1255 |
registered with or assigned by any domain name registrar, domain | 1256 |
name registry, or other domain name registration authority as part | 1257 |
of an electronic address on the internet. | 1258 |
(4) "Electronic mail," "originating address," and "receiving | 1259 |
address" have the same meanings as in section 2307.64 of the | 1260 |
Revised Code. | 1261 |
(5) "Electronic mail message" means each electronic mail | 1262 |
addressed to a discrete addressee. | 1263 |
(6) "Electronic mail service provider" means any person, | 1264 |
including an internet service provider, that is an intermediary in | 1265 |
sending and receiving electronic mail and that provides to the | 1266 |
public electronic mail accounts or online user accounts from which | 1267 |
electronic mail may be sent. | 1268 |
(7) "Header information" means the source, destination, and | 1269 |
routing information attached to an electronic mail message, | 1270 |
including the originating domain name, the originating address, | 1271 |
and technical information that authenticates the sender of an | 1272 |
electronic mail message for computer network security or computer | 1273 |
network management purposes. | 1274 |
(8) "Initiate the transmission" or "initiated" means to | 1275 |
originate or transmit a commercial electronic mail message or to | 1276 |
procure the origination or transmission of that message, | 1277 |
regardless of whether the message reaches its intended recipients, | 1278 |
but does not include actions that constitute routine conveyance of | 1279 |
such message. | 1280 |
(9) "Internet" has the same meaning as in section 341.42 of | 1281 |
the Revised Code. | 1282 |
(10) "Internet protocol address" means the string of numbers | 1283 |
by which locations on the internet are identified by routers or | 1284 |
other computers connected to the internet. | 1285 |
(11) "Materially falsify" means to alter or conceal in a | 1286 |
manner that would impair the ability of a recipient of an | 1287 |
electronic mail message, an electronic mail service provider | 1288 |
processing an electronic mail message on behalf of a recipient, a | 1289 |
person alleging a violation of this section, or a law enforcement | 1290 |
agency to identify, locate, or respond to the person that | 1291 |
initiated the electronic mail message or to investigate an alleged | 1292 |
violation of this section. | 1293 |
(12) "Multiple" means more than ten commercial electronic | 1294 |
mail messages during a twenty-four-hour period, more than one | 1295 |
hundred commercial electronic mail messages during a thirty-day | 1296 |
period, or more than one thousand commercial electronic mail | 1297 |
messages during a one-year period. | 1298 |
(13) "Recipient" means a person who receives a commercial | 1299 |
electronic mail message at any one of the following receiving | 1300 |
addresses: | 1301 |
(a) A receiving address furnished by an electronic mail | 1302 |
service provider that bills for furnishing and maintaining that | 1303 |
receiving address to a mailing address within this state; | 1304 |
(b) A receiving address ordinarily accessed from a computer | 1305 |
located within this state or by a person domiciled within this | 1306 |
state; | 1307 |
(c) Any other receiving address with respect to which this | 1308 |
section can be imposed consistent with the United States | 1309 |
Constitution. | 1310 |
(14) "Routine conveyance" means the transmission, routing, | 1311 |
relaying, handling, or storing, through an automated technical | 1312 |
process, of an electronic mail message for which another person | 1313 |
has identified the recipients or provided the recipient addresses. | 1314 |
(15) "Transactional or relationship message" means an | 1315 |
electronic mail message the primary purpose of which is to do any | 1316 |
of the following: | 1317 |
(a) Facilitate, complete, or confirm a commercial transaction | 1318 |
that the recipient has previously agreed to enter into with the | 1319 |
sender; | 1320 |
(b) Provide warranty information, product recall information, | 1321 |
or safety or security information with respect to a commercial | 1322 |
product or service used or purchased by the recipient; | 1323 |
(c) Provide notification concerning a change in the terms or | 1324 |
features of; a change in the recipient's standing or status with | 1325 |
respect to; or, at regular periodic intervals, account balance | 1326 |
information or other type of account statement with respect to, a | 1327 |
subscription, membership, account, loan, or comparable ongoing | 1328 |
commercial relationship involving the ongoing purchase or use by | 1329 |
the recipient of products or services offered by the sender; | 1330 |
(d) Provide information directly related to an employment | 1331 |
relationship or related benefit plan in which the recipient is | 1332 |
currently involved, participating, or enrolled; | 1333 |
(e) Deliver goods or services, including product updates or | 1334 |
upgrades, that the recipient is entitled to receive under the | 1335 |
terms of a transaction that the recipient has previously agreed to | 1336 |
enter into with the sender. | 1337 |
(B) No person, with regard to commercial electronic mail | 1338 |
messages sent from or to a computer in this state, shall do any of | 1339 |
the following: | 1340 |
(1) Knowingly use a computer to relay or retransmit multiple | 1341 |
commercial electronic mail messages, with the intent to deceive or | 1342 |
mislead recipients or any electronic mail service provider, as to | 1343 |
the origin of those messages; | 1344 |
(2) Knowingly and materially falsify header information in | 1345 |
multiple commercial electronic mail messages and purposely | 1346 |
initiate the transmission of those messages; | 1347 |
(3) Knowingly register, using information that materially | 1348 |
falsifies the identity of the actual registrant, for five or more | 1349 |
electronic mail accounts or online user accounts or two or more | 1350 |
domain names and purposely initiate the transmission of multiple | 1351 |
commercial electronic mail messages from one, or any combination, | 1352 |
of those accounts or domain names; | 1353 |
(4) Knowingly falsely represent the right to use five or more | 1354 |
internet protocol addresses, and purposely initiate the | 1355 |
transmission of multiple commercial electronic mail messages from | 1356 |
those addresses. | 1357 |
(C)(1) Whoever violates division (B) of this section is | 1358 |
guilty of illegally transmitting multiple commercial electronic | 1359 |
mail messages. Except as otherwise provided in division (C)(2) or | 1360 |
(E) of this section, illegally transmitting multiple commercial | 1361 |
electronic mail messages is a felony of the fifth degree. | 1362 |
(2) Illegally transmitting multiple commercial electronic | 1363 |
mail messages is a felony of the fourth degree if any of the | 1364 |
following apply: | 1365 |
(a) Regarding a violation of division (B)(3) of this section, | 1366 |
the offender, using information that materially falsifies the | 1367 |
identity of the actual registrant, knowingly registers for twenty | 1368 |
or more electronic mail accounts or online user accounts or ten or | 1369 |
more domain names, and purposely initiates, or conspires to | 1370 |
initiate, the transmission of multiple commercial electronic mail | 1371 |
messages from the accounts or domain names. | 1372 |
(b) Regarding any violation of division (B) of this section, | 1373 |
the volume of commercial electronic mail messages the offender | 1374 |
transmitted in committing the violation exceeds two hundred and | 1375 |
fifty during any twenty-four-hour period, two thousand five | 1376 |
hundred during any thirty-day period, or twenty-five thousand | 1377 |
during any one-year period. | 1378 |
(c) Regarding any violation of division (B) of this section, | 1379 |
during any one-year period the aggregate loss to the victim or | 1380 |
victims of the violation is | 1381 |
more, or during any one-year period the aggregate value of the | 1382 |
property or services obtained by any offender as a result of the | 1383 |
violation is
| 1384 |
(d) Regarding any violation of division (B) of this section, | 1385 |
the offender committed the violation with three or more other | 1386 |
persons with respect to whom the offender was the organizer or | 1387 |
leader of the activity that resulted in the violation. | 1388 |
(e) Regarding any violation of division (B) of this section, | 1389 |
the offender knowingly assisted in the violation through the | 1390 |
provision or selection of electronic mail addresses to which the | 1391 |
commercial electronic mail message was transmitted, if that | 1392 |
offender knew that the electronic mail addresses of the recipients | 1393 |
were obtained using an automated means from an internet web site | 1394 |
or proprietary online service operated by another person, and that | 1395 |
web site or online service included, at the time the electronic | 1396 |
mail addresses were obtained, a notice stating that the operator | 1397 |
of that web site or online service will not transfer addresses | 1398 |
maintained by that web site or online service to any other party | 1399 |
for the purposes of initiating the transmission of, or enabling | 1400 |
others to initiate the transmission of, electronic mail messages. | 1401 |
(f) Regarding any violation of division (B) of this section, | 1402 |
the offender knowingly assisted in the violation through the | 1403 |
provision or selection of electronic mail addresses of the | 1404 |
recipients obtained using an automated means that generates | 1405 |
possible electronic mail addresses by combining names, letters, or | 1406 |
numbers into numerous permutations. | 1407 |
(D)(1) No person, with regard to commercial electronic mail | 1408 |
messages sent from or to a computer in this state, shall knowingly | 1409 |
access a computer without authorization and purposely initiate the | 1410 |
transmission of multiple commercial electronic mail messages from | 1411 |
or through the computer. | 1412 |
(2) Except as otherwise provided in division (E) of this | 1413 |
section, whoever violates division (D)(1) of this section is | 1414 |
guilty of unauthorized access of a computer, a felony of the | 1415 |
fourth degree. | 1416 |
(E) Illegally transmitting multiple commercial electronic | 1417 |
mail messages and unauthorized access of a computer in violation | 1418 |
of this section are felonies of the third degree if the offender | 1419 |
previously has been convicted of a violation of this section, or a | 1420 |
violation of a law of another state or the United States regarding | 1421 |
the transmission of electronic mail messages or unauthorized | 1422 |
access to a computer, or if the offender committed the violation | 1423 |
of this section in the furtherance of a felony. | 1424 |
(F)(1) The attorney general or an electronic mail service | 1425 |
provider that is injured by a violation of this section may bring | 1426 |
a civil action in an appropriate court of common pleas of this | 1427 |
state seeking relief from any person whose conduct violated this | 1428 |
section. The civil action may be commenced at any time within one | 1429 |
year of the date after the act that is the basis of the civil | 1430 |
action. | 1431 |
(2) In a civil action brought by the attorney general | 1432 |
pursuant to division (F)(1) of this section for a violation of | 1433 |
this section, the court may award temporary, preliminary, or | 1434 |
permanent injunctive relief. The court also may impose a civil | 1435 |
penalty against the offender, as the court considers just, in an | 1436 |
amount that is the lesser of: (a) twenty-five thousand dollars for | 1437 |
each day a violation occurs, or (b) not less than two dollars but | 1438 |
not more than eight dollars for each commercial electronic mail | 1439 |
message initiated in violation of this section. | 1440 |
(3) In a civil action brought by an electronic mail service | 1441 |
provider pursuant to division (F)(1) of this section for a | 1442 |
violation of this section, the court may award temporary, | 1443 |
preliminary, or permanent injunctive relief, and also may award | 1444 |
damages in an amount equal to the greater of the following: | 1445 |
(a) The sum of the actual damages incurred by the electronic | 1446 |
mail service provider as a result of a violation of this section, | 1447 |
plus any receipts of the offender that are attributable to a | 1448 |
violation of this section and that were not taken into account in | 1449 |
computing actual damages; | 1450 |
(b) Statutory damages, as the court considers just, in an | 1451 |
amount that is the lesser of: (i) twenty-five thousand dollars for | 1452 |
each day a violation occurs, or (ii) not less than two dollars but | 1453 |
not more than eight dollars for each commercial electronic mail | 1454 |
message initiated in violation of this section. | 1455 |
(4) In assessing damages awarded under division (F)(3) of | 1456 |
this section, the court may consider whether the offender has | 1457 |
established and implemented, with due care, commercially | 1458 |
reasonable practices and procedures designed to effectively | 1459 |
prevent the violation, or the violation occurred despite | 1460 |
commercially reasonable efforts to maintain the practices and | 1461 |
procedures established. | 1462 |
(G) Any equipment, software, or other technology of a person | 1463 |
who violates this section that is used or intended to be used in | 1464 |
the commission of a violation of this section, and any real or | 1465 |
personal property that constitutes or is traceable to the gross | 1466 |
proceeds obtained from the commission of a violation of this | 1467 |
section, is contraband and is subject to seizure and forfeiture | 1468 |
pursuant to Chapter 2981. of the Revised Code. | 1469 |
(H) The attorney general may bring a civil action, pursuant | 1470 |
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat. | 1471 |
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the | 1472 |
state in a district court of the United States that has | 1473 |
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the | 1474 |
attorney general shall not bring a civil action under both this | 1475 |
division and division (F) of this section. If a federal court | 1476 |
dismisses a civil action brought under this division for reasons | 1477 |
other than upon the merits, a civil action may be brought under | 1478 |
division (F) of this section in the appropriate court of common | 1479 |
pleas of this state. | 1480 |
(I) Nothing in this section shall be construed: | 1481 |
(1) To require an electronic mail service provider to block, | 1482 |
transmit, route, relay, handle, or store certain types of | 1483 |
electronic mail messages; | 1484 |
(2) To prevent or limit, in any way, an electronic mail | 1485 |
service provider from adopting a policy regarding electronic mail, | 1486 |
including a policy of declining to transmit certain types of | 1487 |
electronic mail messages, or from enforcing such policy through | 1488 |
technical means, through contract, or pursuant to any remedy | 1489 |
available under any other federal, state, or local criminal or | 1490 |
civil law; | 1491 |
(3) To render lawful any policy adopted under division (I)(2) | 1492 |
of this section that is unlawful under any other law. | 1493 |
Sec. 2913.43. (A) No person, by deception, shall cause | 1494 |
another to execute any writing that disposes of or encumbers | 1495 |
property, or by which a pecuniary obligation is incurred. | 1496 |
(B)(1) Whoever violates this section is guilty of securing | 1497 |
writings by deception. | 1498 |
(2) Except as otherwise provided in this division or division | 1499 |
(B)(3) of this section, securing writings by deception is a | 1500 |
misdemeanor of the first degree. If the value of the property or | 1501 |
the obligation involved is | 1502 |
more and less than five thousand dollars, securing writings by | 1503 |
deception is a felony of the fifth degree. If the value of the | 1504 |
property or the obligation involved is five thousand dollars or | 1505 |
more and is less than one hundred thousand dollars, securing | 1506 |
writings by deception is a felony of the fourth degree. If the | 1507 |
value of the property or the obligation involved is one hundred | 1508 |
thousand dollars or more, securing writings by deception is a | 1509 |
felony of the third degree. | 1510 |
(3) If the victim of the offense is an elderly person or | 1511 |
disabled adult, division (B)(3) of this section applies. Except as | 1512 |
otherwise provided in division (B)(3) of this section, securing | 1513 |
writings by deception is a felony of the fifth degree. If the | 1514 |
value of the property or
obligation involved is
| 1515 |
fifty dollars or more and is less than five thousand dollars, | 1516 |
securing writings by deception is a felony of the fourth degree. | 1517 |
If the value of the property or obligation involved is five | 1518 |
thousand dollars or more and is less than twenty-five thousand | 1519 |
dollars, securing writings by deception is a felony of the third | 1520 |
degree. If the value of the property or obligation involved is | 1521 |
twenty-five thousand dollars or more, securing writings by | 1522 |
deception is a felony of the second degree. | 1523 |
Sec. 2913.45. (A) No person, with purpose to defraud one or | 1524 |
more of the person's creditors, shall do any of the following: | 1525 |
(1) Remove, conceal, destroy, encumber, convey, or otherwise | 1526 |
deal with any of the person's property; | 1527 |
(2) Misrepresent or refuse to disclose to a fiduciary | 1528 |
appointed to administer or manage the person's affairs or estate, | 1529 |
the existence, amount, or location of any of the person's | 1530 |
property, or any other information regarding such property that | 1531 |
the person is legally required to furnish to the fiduciary. | 1532 |
(B) Whoever violates this section is guilty of defrauding | 1533 |
creditors. Except as otherwise provided in this division, | 1534 |
defrauding creditors is a misdemeanor of the first degree. If the | 1535 |
value of the property involved is
| 1536 |
dollars or more and is less than five thousand dollars, | 1537 |
defrauding creditors is a felony of the fifth degree. If the | 1538 |
value of the property involved is five thousand dollars or more | 1539 |
and is less than one hundred thousand dollars, defrauding | 1540 |
creditors is a felony of the fourth degree. If the value of the | 1541 |
property involved is one hundred thousand dollars or more, | 1542 |
defrauding creditors is a felony of the third degree. | 1543 |
Sec. 2913.46. (A)(1) As used in this section: | 1544 |
(a) "Electronically transferred benefit" means the transfer | 1545 |
of food stamp program benefits or WIC program benefits through the | 1546 |
use of an access device. | 1547 |
(b) "WIC program benefits" includes money, coupons, delivery | 1548 |
verification receipts, other documents, food, or other property | 1549 |
received directly or indirectly pursuant to section 17 of the | 1550 |
"Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as | 1551 |
amended. | 1552 |
(c) "Access device" means any card, plate, code, account | 1553 |
number, or other means of access that can be used, alone or in | 1554 |
conjunction with another access device, to obtain payments, | 1555 |
allotments, benefits, money, goods, or other things of value or | 1556 |
that can be used to initiate a transfer of funds pursuant to | 1557 |
section 5101.33 of the Revised Code and the "Food Stamp Act of | 1558 |
1977," 91 Stat. 958, 7 U.S.C.A. 2011 et seq., or any supplemental | 1559 |
food program administered by any department of this state or any | 1560 |
county or local agency pursuant to section 17 of the "Child | 1561 |
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as | 1562 |
amended. An "access device" may include any electronic debit card | 1563 |
or other means authorized by section 5101.33 of the Revised Code. | 1564 |
| 1565 |
program benefits, and electronically transferred benefits involved | 1566 |
in the violation" means the total face value of any food stamps, | 1567 |
plus the total face value of WIC program coupons or delivery | 1568 |
verification receipts, plus the total value of other WIC program | 1569 |
benefits, plus the total value of any electronically transferred | 1570 |
benefit or other access device, involved in the violation. | 1571 |
| 1572 |
or other access device" means the total value of the payments, | 1573 |
allotments, benefits, money, goods, or other things of value that | 1574 |
may be obtained, or the total value of funds that may be | 1575 |
transferred, by use of any electronically transferred benefit or | 1576 |
other access device at the time of violation. | 1577 |
(2) If food stamp coupons, WIC program benefits, or | 1578 |
electronically transferred benefits or other access devices of | 1579 |
various values are used, transferred, bought, acquired, altered, | 1580 |
purchased, possessed, presented for redemption, or transported in | 1581 |
violation of this section over a period of twelve months, the | 1582 |
course of conduct may be charged as one offense and the values of | 1583 |
food stamp coupons, WIC program benefits, or any electronically | 1584 |
transferred benefits or other access devices may be aggregated in | 1585 |
determining the degree of the offense. | 1586 |
(B) No individual shall knowingly possess, buy, sell, use, | 1587 |
alter, accept, or transfer food stamp coupons, WIC program | 1588 |
benefits, or any electronically transferred benefit in any manner | 1589 |
not authorized by the "Food Stamp Act of 1977," 91 Stat. 958, 7 | 1590 |
U.S.C.A. 2011, as amended, or section 17 of the "Child Nutrition | 1591 |
Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. | 1592 |
(C) No organization, as defined in division (D) of section | 1593 |
2901.23 of the Revised Code, shall do either of the following: | 1594 |
(1) Knowingly allow an employee or agent to sell, transfer, | 1595 |
or trade items or services, the purchase of which is prohibited by | 1596 |
the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as | 1597 |
amended, or section 17 of the "Child Nutrition Act of 1966," 80 | 1598 |
Stat. 885, 42 U.S.C.A. 1786, as amended, in exchange for food | 1599 |
stamp coupons, WIC program benefits, or any electronically | 1600 |
transferred benefit; | 1601 |
(2) Negligently allow an employee or agent to sell, transfer, | 1602 |
or exchange food stamp coupons, WIC program benefits, or any | 1603 |
electronically transferred benefit for anything of value. | 1604 |
(D) Whoever violates this section is guilty of illegal use of | 1605 |
food stamps or WIC program benefits. Except as otherwise provided | 1606 |
in this division, illegal use of food stamps or WIC program | 1607 |
benefits is a felony of the fifth degree. If the aggregate value | 1608 |
of the food stamp coupons, WIC program benefits, and | 1609 |
electronically transferred benefits involved in the violation is | 1610 |
1611 | |
thousand dollars, illegal use of food stamps or WIC program | 1612 |
benefits is a felony of the fourth degree. If the aggregate value | 1613 |
of the food stamp coupons, WIC program benefits, and | 1614 |
electronically transferred benefits involved in the violation is | 1615 |
five thousand dollars or more and is less than one hundred | 1616 |
thousand dollars, illegal use of food stamps or WIC program | 1617 |
benefits is a felony of the third degree. If the aggregate value | 1618 |
of the food stamp coupons, WIC program benefits, and | 1619 |
electronically transferred benefits involved in the violation is | 1620 |
one hundred thousand dollars or more, illegal use of food stamps | 1621 |
or WIC program benefits is a felony of the second degree. | 1622 |
Sec. 2913.47. (A) As used in this section: | 1623 |
(1) "Data" has the same meaning as in section 2913.01 of the | 1624 |
Revised Code and additionally includes any other representation of | 1625 |
information, knowledge, facts, concepts, or instructions that are | 1626 |
being or have been prepared in a formalized manner. | 1627 |
(2) "Deceptive" means that a statement, in whole or in part, | 1628 |
would cause another to be deceived because it contains a | 1629 |
misleading representation, withholds information, prevents the | 1630 |
acquisition of information, or by any other conduct, act, or | 1631 |
omission creates, confirms, or perpetuates a false impression, | 1632 |
including, but not limited to, a false impression as to law, | 1633 |
value, state of mind, or other objective or subjective fact. | 1634 |
(3) "Insurer" means any person that is authorized to engage | 1635 |
in the business of insurance in this state under Title XXXIX of | 1636 |
the Revised Code, the Ohio fair plan underwriting association | 1637 |
created under section 3929.43 of the Revised Code, any health | 1638 |
insuring corporation, and any legal entity that is self-insured | 1639 |
and provides benefits to its employees or members. | 1640 |
(4) "Policy" means a policy, certificate, contract, or plan | 1641 |
that is issued by an insurer. | 1642 |
(5) "Statement" includes, but is not limited to, any notice, | 1643 |
letter, or memorandum; proof of loss; bill of lading; receipt for | 1644 |
payment; invoice, account, or other financial statement; estimate | 1645 |
of property damage; bill for services; diagnosis or prognosis; | 1646 |
prescription; hospital, medical, or dental chart or other record; | 1647 |
x-ray, photograph, videotape, or movie film; test result; other | 1648 |
evidence of loss, injury, or expense; computer-generated document; | 1649 |
and data in any form. | 1650 |
(B) No person, with purpose to defraud or knowing that the | 1651 |
person is facilitating a fraud, shall do either of the following: | 1652 |
(1) Present to, or cause to be presented to, an insurer any | 1653 |
written or oral statement that is part of, or in support of, an | 1654 |
application for insurance, a claim for payment pursuant to a | 1655 |
policy, or a claim for any other benefit pursuant to a policy, | 1656 |
knowing that the statement, or any part of the statement, is false | 1657 |
or deceptive; | 1658 |
(2) Assist, aid, abet, solicit, procure, or conspire with | 1659 |
another to prepare or make any written or oral statement that is | 1660 |
intended to be presented to an insurer as part of, or in support | 1661 |
of, an application for insurance, a claim for payment pursuant to | 1662 |
a policy, or a claim for any other benefit pursuant to a policy, | 1663 |
knowing that the statement, or any part of the statement, is false | 1664 |
or deceptive. | 1665 |
(C) Whoever violates this section is guilty of insurance | 1666 |
fraud. Except as otherwise provided in this division, insurance | 1667 |
fraud is a misdemeanor of the first degree. If the amount of the | 1668 |
claim that is false or deceptive is | 1669 |
dollars or more and is less than five thousand dollars, insurance | 1670 |
fraud is a felony of the fifth degree. If the amount of the claim | 1671 |
that is false or deceptive is five thousand dollars or more and is | 1672 |
less than one hundred thousand dollars, insurance fraud is a | 1673 |
felony of the fourth degree. If the amount of the claim that is | 1674 |
false or deceptive is one hundred thousand dollars or more, | 1675 |
insurance fraud is a felony of the third degree. | 1676 |
(D) This section shall not be construed to abrogate, waive, | 1677 |
or modify division (A) of section 2317.02 of the Revised Code. | 1678 |
Sec. 2913.48. (A) No person, with purpose to defraud or | 1679 |
knowing that the person is facilitating a fraud, shall do any of | 1680 |
the following: | 1681 |
(1) Receive workers' compensation benefits to which the | 1682 |
person is not entitled; | 1683 |
(2) Make or present or cause to be made or presented a false | 1684 |
or misleading statement with the purpose to secure payment for | 1685 |
goods or services rendered under Chapter 4121., 4123., 4127., or | 1686 |
4131. of the Revised Code or to secure workers' compensation | 1687 |
benefits; | 1688 |
(3) Alter, falsify, destroy, conceal, or remove any record or | 1689 |
document that is necessary to fully establish the validity of any | 1690 |
claim filed with, or necessary to establish the nature and | 1691 |
validity of all goods and services for which reimbursement or | 1692 |
payment was received or is requested from, the bureau of workers' | 1693 |
compensation, or a self-insuring employer under Chapter 4121., | 1694 |
4123., 4127., or 4131. of the Revised Code; | 1695 |
(4) Enter into an agreement or conspiracy to defraud the | 1696 |
bureau or a self-insuring employer by making or presenting or | 1697 |
causing to be made or presented a false claim for workers' | 1698 |
compensation benefits; | 1699 |
(5) Make or present or cause to be made or presented a false | 1700 |
statement concerning manual codes, classification of employees, | 1701 |
payroll, paid compensation, or number of personnel, when | 1702 |
information of that nature is necessary to determine the actual | 1703 |
workers' compensation premium or assessment owed to the bureau by | 1704 |
an employer; | 1705 |
(6) Alter, forge, or create a workers' compensation | 1706 |
certificate to falsely show current or correct workers' | 1707 |
compensation coverage; | 1708 |
(7) Fail to secure or maintain workers' compensation coverage | 1709 |
as required by Chapter 4123. of the Revised Code with the intent | 1710 |
to defraud the bureau of workers' compensation. | 1711 |
(B) Whoever violates this section is guilty of workers' | 1712 |
compensation fraud. Except as otherwise provided in this division, | 1713 |
a violation of this section is a misdemeanor of the first degree. | 1714 |
If the value of premiums and assessments unpaid pursuant to | 1715 |
actions described in division (A)(5), (6), or (7) of this section, | 1716 |
or of
goods, services, property, or
money stolen is | 1717 |
hundred fifty dollars or more and is less than five thousand | 1718 |
dollars, a violation of this section is a felony of the fifth | 1719 |
degree. If the value of premiums and assessments unpaid pursuant | 1720 |
to actions described in division (A)(5), (6), or (7) of this | 1721 |
section, or of goods, services, property, or money stolen is five | 1722 |
thousand dollars or more and is less than one hundred thousand | 1723 |
dollars, a violation of this section is a felony of the fourth | 1724 |
degree. If the value of premiums and assessments unpaid pursuant | 1725 |
to actions described in division (A)(5), (6), or (7) of this | 1726 |
section, or of goods, services, property, or money stolen is one | 1727 |
hundred thousand dollars or more, a violation of this section is | 1728 |
a felony of the third degree. | 1729 |
(C) Upon application of the governmental body that conducted | 1730 |
the investigation and prosecution of a violation of this section, | 1731 |
the court shall order the person who is convicted of the violation | 1732 |
to pay the governmental body its costs of investigating and | 1733 |
prosecuting the case. These costs are in addition to any other | 1734 |
costs or penalty provided in the Revised Code or any other section | 1735 |
of law. | 1736 |
(D) The remedies and penalties provided in this section are | 1737 |
not exclusive remedies and penalties and do not preclude the use | 1738 |
of any other criminal or civil remedy or penalty for any act that | 1739 |
is in violation of this section. | 1740 |
(E) As used in this section: | 1741 |
(1) "False" means wholly or partially untrue or deceptive. | 1742 |
(2) "Goods" includes, but is not limited to, medical | 1743 |
supplies, appliances, rehabilitative equipment, and any other | 1744 |
apparatus or furnishing provided or used in the care, treatment, | 1745 |
or rehabilitation of a claimant for workers' compensation | 1746 |
benefits. | 1747 |
(3) "Services" includes, but is not limited to, any service | 1748 |
provided by any health care provider to a claimant for workers' | 1749 |
compensation benefits and any and all services provided by the | 1750 |
bureau as part of workers' compensation insurance coverage. | 1751 |
(4) "Claim" means any attempt to cause the bureau, an | 1752 |
independent third party with whom the administrator or an employer | 1753 |
contracts under section 4121.44 of the Revised Code, or a | 1754 |
self-insuring employer to make payment or reimbursement for | 1755 |
workers' compensation benefits. | 1756 |
(5) "Employment" means participating in any trade, | 1757 |
occupation, business, service, or profession for substantial | 1758 |
gainful remuneration. | 1759 |
(6) "Employer," "employee," and "self-insuring employer" have | 1760 |
the same meanings as in section 4123.01 of the Revised Code. | 1761 |
(7) "Remuneration" includes, but is not limited to, wages, | 1762 |
commissions, rebates, and any other reward or consideration. | 1763 |
(8) "Statement" includes, but is not limited to, any oral, | 1764 |
written, electronic, electronic impulse, or magnetic communication | 1765 |
notice, letter, memorandum, receipt for payment, invoice, account, | 1766 |
financial statement, or bill for services; a diagnosis, prognosis, | 1767 |
prescription, hospital, medical, or dental chart or other record; | 1768 |
and a computer generated document. | 1769 |
(9) "Records" means any medical, professional, financial, or | 1770 |
business record relating to the treatment or care of any person, | 1771 |
to goods or services provided to any person, or to rates paid for | 1772 |
goods or services provided to any person, or any record that the | 1773 |
administrator of workers' compensation requires pursuant to rule. | 1774 |
(10) "Workers' compensation benefits" means any compensation | 1775 |
or benefits payable under Chapter 4121., 4123., 4127., or 4131. of | 1776 |
the Revised Code. | 1777 |
Sec. 2913.49. (A) As used in this section, "personal | 1778 |
identifying information" includes, but is not limited to, the | 1779 |
following: the name, address, telephone number, driver's license, | 1780 |
driver's license number, commercial driver's license, commercial | 1781 |
driver's license number, state identification card, state | 1782 |
identification card number, social security card, social security | 1783 |
number, birth certificate, place of employment, employee | 1784 |
identification number, mother's maiden name, demand deposit | 1785 |
account number, savings account number, money market account | 1786 |
number, mutual fund account number, other financial account | 1787 |
number, personal identification number, password, or credit card | 1788 |
number of a living or dead individual. | 1789 |
(B) No person, without the express or implied consent of the | 1790 |
other person, shall use, obtain, or possess any personal | 1791 |
identifying information of another person with intent to do either | 1792 |
of the following: | 1793 |
(1) Hold the person out to be the other person; | 1794 |
(2) Represent the other person's personal identifying | 1795 |
information as the person's own personal identifying information. | 1796 |
(C) No person shall create, obtain, possess, or use the | 1797 |
personal identifying information of any person with the intent to | 1798 |
aid or abet another person in violating division (B) of this | 1799 |
section. | 1800 |
(D) No person, with intent to defraud, shall permit another | 1801 |
person to use the person's own personal identifying information. | 1802 |
(E) No person who is permitted to use another person's | 1803 |
personal identifying information as described in division (D) of | 1804 |
this section shall use, obtain, or possess the other person's | 1805 |
personal identifying information with intent to defraud any person | 1806 |
by doing any act identified in division (B)(1) or (2) of this | 1807 |
section. | 1808 |
(F)(1) It is an affirmative defense to a charge under | 1809 |
division (B) of this section that the person using the personal | 1810 |
identifying information is acting in accordance with a legally | 1811 |
recognized guardianship or conservatorship or as a trustee or | 1812 |
fiduciary. | 1813 |
(2) It is an affirmative defense to a charge under division | 1814 |
(B), (C), (D), or (E) of this section that either of the following | 1815 |
applies: | 1816 |
(a) The person or entity using, obtaining, possessing, or | 1817 |
creating the personal identifying information or permitting it to | 1818 |
be used is a law enforcement agency, authorized fraud personnel, | 1819 |
or a representative of or attorney for a law enforcement agency or | 1820 |
authorized fraud personnel and is using, obtaining, possessing, or | 1821 |
creating the personal identifying information or permitting it to | 1822 |
be used, with prior consent given as specified in this division, | 1823 |
in a bona fide investigation, an information security evaluation, | 1824 |
a pretext calling evaluation, or a similar matter. The prior | 1825 |
consent required under this division shall be given by the person | 1826 |
whose personal identifying information is being used, obtained, | 1827 |
possessed, or created or is being permitted to be used or, if the | 1828 |
person whose personal identifying information is being used, | 1829 |
obtained, possessed, or created or is being permitted to be used | 1830 |
is deceased, by that deceased person's executor, or a member of | 1831 |
that deceased person's family, or that deceased person's attorney. | 1832 |
The prior consent required under this division may be given orally | 1833 |
or in writing by the person whose personal identifying information | 1834 |
is being used, obtained, possessed, or created or is being | 1835 |
permitted to be used or that person's executor, or family member, | 1836 |
or attorney. | 1837 |
(b) The personal identifying information was obtained, | 1838 |
possessed, used, created, or permitted to be used for a lawful | 1839 |
purpose, provided that division (F)(2)(b) of this section does not | 1840 |
apply if the person or entity using, obtaining, possessing, or | 1841 |
creating the personal identifying information or permitting it to | 1842 |
be used is a law enforcement agency, authorized fraud personnel, | 1843 |
or a representative of or attorney for a law enforcement agency or | 1844 |
authorized fraud personnel that is using, obtaining, possessing, | 1845 |
or creating the | 1846 |
permitting it to be used in an investigation, an information | 1847 |
security evaluation, a pretext calling evaluation, or similar | 1848 |
matter. | 1849 |
(G) It is not a defense to a charge under this section that | 1850 |
the person whose personal identifying information was obtained, | 1851 |
possessed, used, created, or permitted to be used was deceased at | 1852 |
the time of the offense. | 1853 |
(H)(1) If an offender commits a violation of division (B), | 1854 |
(D), or (E) of this section and the violation occurs as part of a | 1855 |
course of conduct involving other violations of division (B), (D), | 1856 |
or (E) of this section or violations of, attempts to violate, | 1857 |
conspiracies to violate, or complicity in violations of division | 1858 |
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21, | 1859 |
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the | 1860 |
court, in determining the degree of the offense pursuant to | 1861 |
division (I) of this section, may aggregate all credit, property, | 1862 |
or services obtained or sought to be obtained by the offender and | 1863 |
all debts or other legal obligations avoided or sought to be | 1864 |
avoided by the offender in the violations involved in that course | 1865 |
of conduct. The course of conduct may involve one victim or more | 1866 |
than one victim. | 1867 |
(2) If an offender commits a violation of division (C) of | 1868 |
this section and the violation occurs as part of a course of | 1869 |
conduct involving other violations of division (C) of this section | 1870 |
or violations of, attempts to violate, conspiracies to violate, or | 1871 |
complicity in violations of division (B), (D), or (E) of this | 1872 |
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, | 1873 |
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in | 1874 |
determining the degree of the offense pursuant to division (I) of | 1875 |
this section, may aggregate all credit, property, or services | 1876 |
obtained or sought to be obtained by the person aided or abetted | 1877 |
and all debts or other legal obligations avoided or sought to be | 1878 |
avoided by the person aided or abetted in the violations involved | 1879 |
in that course of conduct. The course of conduct may involve one | 1880 |
victim or more than one victim. | 1881 |
(I)(1) Whoever violates this section is guilty of identity | 1882 |
fraud. | 1883 |
(2) Except as otherwise provided in this division or division | 1884 |
(I)(3) of this section, identity fraud is a felony of the fifth | 1885 |
degree. If the value of the credit, property, services, debt, or | 1886 |
other legal obligation involved in the violation or course of | 1887 |
conduct is | 1888 |
than five thousand dollars, except as otherwise provided in | 1889 |
division (I)(3) of this section, identity fraud is a felony of | 1890 |
the fourth degree. If the value of the credit, property, | 1891 |
services, debt, or other legal obligation involved in the | 1892 |
violation or course of conduct is five thousand dollars or more | 1893 |
and is less than one hundred thousand dollars, except as | 1894 |
otherwise provided in division (I)(3) of this section, identity | 1895 |
fraud is a felony of the third degree. If the value of the | 1896 |
credit, property, services, debt, or other legal obligation | 1897 |
involved in the violation or course of conduct is one hundred | 1898 |
thousand dollars or more, except as otherwise provided in | 1899 |
division (I)(3) of this section, identity fraud is a felony of | 1900 |
the second degree. | 1901 |
(3) If the victim of the offense is an elderly person or | 1902 |
disabled adult, a violation of this section is identity fraud | 1903 |
against an elderly person or disabled adult. Except as otherwise | 1904 |
provided in this division, identity fraud against an elderly | 1905 |
person or disabled adult is a felony of the fifth degree. If the | 1906 |
value of the credit, property, services, debt, or other legal | 1907 |
obligation involved in the violation or course of conduct is | 1908 |
seven hundred fifty dollars or more and is less than five | 1909 |
thousand dollars, identity fraud against an elderly person or | 1910 |
disabled adult is a felony of the third degree. If the value of | 1911 |
the credit, property, services, debt, or other legal obligation | 1912 |
involved in the violation or course of conduct is five thousand | 1913 |
dollars or more and is less than one hundred thousand dollars, | 1914 |
identity fraud against an elderly person or disabled adult is a | 1915 |
felony of the second degree. If the value of the credit, | 1916 |
property, services, debt, or other legal obligation involved in | 1917 |
the violation or course of conduct is one hundred thousand | 1918 |
dollars or more, identity fraud against an elderly person or | 1919 |
disabled adult is a felony of the first degree. | 1920 |
Sec. 2913.51. (A) No person shall receive, retain, or | 1921 |
dispose of property of another knowing or having reasonable cause | 1922 |
to believe that the property has been obtained through commission | 1923 |
of a theft offense. | 1924 |
(B) It is not a defense to a charge of receiving stolen | 1925 |
property in violation of this section that the property was | 1926 |
obtained by means other than through the commission of a theft | 1927 |
offense if the property was explicitly represented to the accused | 1928 |
person as being obtained through the commission of a theft | 1929 |
offense. | 1930 |
(C) Whoever violates this section is guilty of receiving | 1931 |
stolen property. Except as otherwise provided in this division, | 1932 |
receiving stolen property is a misdemeanor of the first degree. If | 1933 |
the value of the property
involved is | 1934 |
dollars or more and is less than five thousand dollars, if the | 1935 |
property involved is any of the property listed in section | 1936 |
2913.71 of the Revised Code, receiving stolen property is a | 1937 |
felony of the fifth degree. If the property involved is a motor | 1938 |
vehicle, as defined in section 4501.01 of the Revised Code, if | 1939 |
the property involved is a dangerous drug, as defined in section | 1940 |
4729.01 of the Revised Code, if the value of the property involved | 1941 |
is five thousand dollars or more and is less than one hundred | 1942 |
thousand dollars, or if the property involved is a firearm or | 1943 |
dangerous ordnance, as defined in section 2923.11 of the Revised | 1944 |
Code, receiving stolen property is a felony of the fourth degree. | 1945 |
If the value of the property involved is one hundred thousand | 1946 |
dollars or more, receiving stolen property is a felony of the | 1947 |
third degree. | 1948 |
Sec. 2913.61. (A) When a person is charged with a theft | 1949 |
offense, or with a violation of division (A)(1) of section 1716.14 | 1950 |
of the Revised Code involving a victim who is an elderly person or | 1951 |
disabled adult that involves property or services valued at | 1952 |
seven hundred fifty dollars or more, property or services valued | 1953 |
at | 1954 |
thousand dollars, property or services valued at five thousand | 1955 |
dollars or more and less than twenty-five thousand dollars, | 1956 |
property or services valued at twenty-five thousand dollars or | 1957 |
more and less than one hundred thousand dollars, or property or | 1958 |
services valued at one hundred thousand dollars or more, the jury | 1959 |
or court trying the accused shall determine the value of the | 1960 |
property or services as of the time of the offense and, if a | 1961 |
guilty verdict is returned, shall return the finding of value as | 1962 |
part of the verdict. In any case in which the jury or court | 1963 |
determines that the value of the property or services at the time | 1964 |
of the offense was | 1965 |
is unnecessary to find and return the exact value, and it is | 1966 |
sufficient if the finding and return is to the effect that the | 1967 |
value of the
property or services involved was
| 1968 |
fifty dollars or more and less than five thousand dollars, was | 1969 |
five thousand dollars or more and less than twenty-five thousand | 1970 |
dollars, was twenty-five thousand dollars or more and less than | 1971 |
one hundred thousand dollars, or was one hundred thousand dollars | 1972 |
or more. | 1973 |
(B) If more than one item of property or services is involved | 1974 |
in a theft offense or in a violation of division (A)(1) of section | 1975 |
1716.14 of the Revised Code involving a victim who is an elderly | 1976 |
person or disabled adult, the value of the property or services | 1977 |
involved for the purpose of determining the value as required by | 1978 |
division (A) of this section is the aggregate value of all | 1979 |
property or services involved in the offense. | 1980 |
(C)(1) When a series of offenses under section 2913.02 of the | 1981 |
Revised Code, or a series of violations of, attempts to commit a | 1982 |
violation of, conspiracies to violate, or complicity in violations | 1983 |
of division (A)(1) of section 1716.14, section 2913.02, 2913.03, | 1984 |
or 2913.04, division (B)(1) or (2) of section 2913.21, or section | 1985 |
2913.31 or 2913.43 of the Revised Code involving a victim who is | 1986 |
an elderly person or disabled adult, is committed by the offender | 1987 |
in the offender's same employment, capacity, or relationship to | 1988 |
another, all of those offenses shall be tried as a single offense. | 1989 |
The value of the property or services involved in the series of | 1990 |
offenses for the purpose of determining the value as required by | 1991 |
division (A) of this section is the aggregate value of all | 1992 |
property and services involved in all offenses in the series. | 1993 |
(2) If an offender commits a series of offenses under section | 1994 |
2913.02 of the Revised Code that involves a common course of | 1995 |
conduct to defraud multiple victims, all of the offenses may be | 1996 |
tried as a single offense. If an offender is being tried for the | 1997 |
commission of a series of violations of, attempts to commit a | 1998 |
violation of, conspiracies to violate, or complicity in violations | 1999 |
of division (A)(1) of section 1716.14, section 2913.02, 2913.03, | 2000 |
or 2913.04, division (B)(1) or (2) of section 2913.21, or section | 2001 |
2913.31 or 2913.43 of the Revised Code, whether committed against | 2002 |
one victim or more than one victim, involving a victim who is an | 2003 |
elderly person or disabled adult, pursuant to a scheme or course | 2004 |
of conduct, all of those offenses may be tried as a single | 2005 |
offense. If the offenses are tried as a single offense, the value | 2006 |
of the property or services involved for the purpose of | 2007 |
determining the value as required by division (A) of this section | 2008 |
is the aggregate value of all property and services involved in | 2009 |
all of the offenses in the course of conduct. | 2010 |
(3) When a series of two or more offenses under section | 2011 |
2921.41 of the Revised Code is committed by the offender in the | 2012 |
offender's same employment, capacity, or relationship to another, | 2013 |
all of those offenses may be tried as a single offense. If the | 2014 |
offenses are tried as a single offense, the value of the property | 2015 |
or services involved for the purpose of determining the value as | 2016 |
required by division (A) of this section is the aggregate value of | 2017 |
all property and services involved in all of the offenses in the | 2018 |
series of two or more offenses. | 2019 |
(4) In prosecuting a single offense under division (C)(1), | 2020 |
(2), or (3) of this section, it is not necessary to separately | 2021 |
allege and prove each offense in the series. Rather, it is | 2022 |
sufficient to allege and prove that the offender, within a given | 2023 |
span of time, committed one or more theft offenses or violations | 2024 |
of section 2921.41 of the Revised Code in the offender's same | 2025 |
employment, capacity, or relationship to another as described in | 2026 |
division (C)(1) or (3) of this section, or committed one or more | 2027 |
theft offenses that involve a common course of conduct to defraud | 2028 |
multiple victims or a scheme or course of conduct as described in | 2029 |
division (C)(2) of this section. | 2030 |
(D) The following criteria shall be used in determining the | 2031 |
value of property or services involved in a theft offense: | 2032 |
(1) The value of an heirloom, memento, collector's item, | 2033 |
antique, museum piece, manuscript, document, record, or other | 2034 |
thing that has intrinsic worth to its owner and that either is | 2035 |
irreplaceable or is replaceable only on the expenditure of | 2036 |
substantial time, effort, or money, is the amount that would | 2037 |
compensate the owner for its loss. | 2038 |
(2) The value of personal effects and household goods, and of | 2039 |
materials, supplies, equipment, and fixtures used in the | 2040 |
profession, business, trade, occupation, or avocation of its | 2041 |
owner, which property is not covered under division (D)(1) of this | 2042 |
section and which retains substantial utility for its purpose | 2043 |
regardless of its age or condition, is the cost of replacing the | 2044 |
property with new property of like kind and quality. | 2045 |
(3) The value of any real or personal property that is not | 2046 |
covered under division (D)(1) or (2) of this section, and the | 2047 |
value of services, is the fair market value of the property or | 2048 |
services. As used in this section, "fair market value" is the | 2049 |
money consideration that a buyer would give and a seller would | 2050 |
accept for property or services, assuming that the buyer is | 2051 |
willing to buy and the seller is willing to sell, that both are | 2052 |
fully informed as to all facts material to the transaction, and | 2053 |
that neither is under any compulsion to act. | 2054 |
(E) Without limitation on the evidence that may be used to | 2055 |
establish the value of property or services involved in a theft | 2056 |
offense: | 2057 |
(1) When the property involved is personal property held for | 2058 |
sale at wholesale or retail, the price at which the property was | 2059 |
held for sale is prima-facie evidence of its value. | 2060 |
(2) When the property involved is a security or commodity | 2061 |
traded on an exchange, the closing price or, if there is no | 2062 |
closing price, the asked price, given in the latest market | 2063 |
quotation prior to the offense is prima-facie evidence of the | 2064 |
value of the security or commodity. | 2065 |
(3) When the property involved is livestock, poultry, or raw | 2066 |
agricultural products for which a local market price is available, | 2067 |
the latest local market price prior to the offense is prima-facie | 2068 |
evidence of the value of the livestock, poultry, or products. | 2069 |
(4) When the property involved is a negotiable instrument, | 2070 |
the face value is prima-facie evidence of the value of the | 2071 |
instrument. | 2072 |
(5) When the property involved is a warehouse receipt, bill | 2073 |
of lading, pawn ticket, claim check, or other instrument entitling | 2074 |
the holder or bearer to receive property, the face value or, if | 2075 |
there is no face value, the value of the property covered by the | 2076 |
instrument less any payment necessary to receive the property is | 2077 |
prima-facie evidence of the value of the instrument. | 2078 |
(6) When the property involved is a ticket of admission, | 2079 |
ticket for transportation, coupon, token, or other instrument | 2080 |
entitling the holder or bearer to receive property or services, | 2081 |
the face value or, if there is no face value, the value of the | 2082 |
property or services that may be received by the instrument is | 2083 |
prima-facie evidence of the value of the instrument. | 2084 |
(7) When the services involved are gas, electricity, water, | 2085 |
telephone, transportation, shipping, or other services for which | 2086 |
the rate is established by law, the duly established rate is | 2087 |
prima-facie evidence of the value of the services. | 2088 |
(8) When the services involved are services for which the | 2089 |
rate is not established by law, and the offender has been notified | 2090 |
prior to the offense of the rate for the services, either in | 2091 |
writing, orally, or by posting in a manner reasonably calculated | 2092 |
to come to the attention of potential offenders, the rate | 2093 |
contained in the notice is prima-facie evidence of the value of | 2094 |
the services. | 2095 |
Sec. 2915.05. (A) No person, with purpose to defraud or | 2096 |
knowing that the person is facilitating a fraud, shall engage in | 2097 |
conduct designed to corrupt the outcome of any of the following: | 2098 |
(1) The subject of a bet; | 2099 |
(2) A contest of knowledge, skill, or endurance that is not | 2100 |
an athletic or sporting event; | 2101 |
(3) A scheme or game of chance; | 2102 |
(4) Bingo. | 2103 |
(B) No person shall knowingly do any of the following: | 2104 |
(1) Offer, give, solicit, or accept anything of value to | 2105 |
corrupt the outcome of an athletic or sporting event; | 2106 |
(2) Engage in conduct designed to corrupt the outcome of an | 2107 |
athletic or sporting event. | 2108 |
(C)(1) Whoever violates division (A) of this section is | 2109 |
guilty of cheating. Except as otherwise provided in this division, | 2110 |
cheating is a misdemeanor of the first degree. If the potential | 2111 |
gain
from
the cheating is | 2112 |
more or if the offender previously has been convicted of any | 2113 |
gambling offense or of any theft offense, as defined in section | 2114 |
2913.01 of the Revised Code, cheating is a felony of the fifth | 2115 |
degree. | 2116 |
(2) Whoever violates division (B) of this section is guilty | 2117 |
of corrupting sports. Corrupting sports is a felony of the fifth | 2118 |
degree on a first offense and a felony of the fourth degree on | 2119 |
each subsequent offense. | 2120 |
Sec. 2917.21. (A) No person shall knowingly make or cause to | 2121 |
be made a telecommunication, or knowingly permit a | 2122 |
telecommunication to be made from a telecommunications device | 2123 |
under the person's control, to another, if the caller does any of | 2124 |
the following: | 2125 |
(1) Fails to identify the caller to the recipient of the | 2126 |
telecommunication and makes the telecommunication with purpose to | 2127 |
harass or abuse any person at the premises to which the | 2128 |
telecommunication is made, whether or not actual communication | 2129 |
takes place between the caller and a recipient; | 2130 |
(2) Describes, suggests, requests, or proposes that the | 2131 |
caller, the recipient of the telecommunication, or any other | 2132 |
person engage in sexual activity, and the recipient or another | 2133 |
person at the premises to which the telecommunication is made has | 2134 |
requested, in a previous telecommunication or in the immediate | 2135 |
telecommunication, that the caller not make a telecommunication to | 2136 |
the recipient or to the premises to which the telecommunication is | 2137 |
made; | 2138 |
(3) During the telecommunication, violates section 2903.21 of | 2139 |
the Revised Code; | 2140 |
(4) Knowingly states to the recipient of the | 2141 |
telecommunication that the caller intends to cause damage to or | 2142 |
destroy public or private property, and the recipient, any member | 2143 |
of the recipient's family, or any other person who resides at the | 2144 |
premises to which the telecommunication is made owns, leases, | 2145 |
resides, or works in, will at the time of the destruction or | 2146 |
damaging be near or in, has the responsibility of protecting, or | 2147 |
insures the property that will be destroyed or damaged; | 2148 |
(5) Knowingly makes the telecommunication to the recipient of | 2149 |
the telecommunication, to another person at the premises to which | 2150 |
the telecommunication is made, or to those premises, and the | 2151 |
recipient or another person at those premises previously has told | 2152 |
the caller not to make a telecommunication to those premises or to | 2153 |
any persons at those premises. | 2154 |
(B) No person shall make or cause to be made a | 2155 |
telecommunication, or permit a telecommunication to be made from a | 2156 |
telecommunications device under the person's control, with purpose | 2157 |
to abuse, threaten, or harass another person. | 2158 |
(C)(1) Whoever violates this section is guilty of | 2159 |
telecommunications harassment. | 2160 |
(2) A violation of division (A)(1), (2), (3), or (5) or (B) | 2161 |
of this section is a misdemeanor of the first degree on a first | 2162 |
offense and a felony of the fifth degree on each subsequent | 2163 |
offense. | 2164 |
(3) Except as otherwise provided in division (C)(3) of this | 2165 |
section, a violation of division (A)(4) of this section is a | 2166 |
misdemeanor of the first degree on a first offense and a felony of | 2167 |
the fifth degree on each subsequent offense. If a violation of | 2168 |
division (A)(4)
of this section results
in economic harm of | 2169 |
seven hundred fifty dollars or more but less than five thousand | 2170 |
dollars, telecommunications harassment is a felony of the fifth | 2171 |
degree. If a violation of division (A)(4) of this section results | 2172 |
in economic harm of five thousand dollars or more but less than | 2173 |
one hundred thousand dollars, telecommunications harassment is a | 2174 |
felony of the fourth degree. If a violation of division (A)(4) of | 2175 |
this section results in economic harm of one hundred thousand | 2176 |
dollars or more, telecommunications harassment is a felony of the | 2177 |
third degree. | 2178 |
(D) No cause of action may be asserted in any court of this | 2179 |
state against any provider of a telecommunications service or | 2180 |
information service, or against any officer, employee, or agent of | 2181 |
a telecommunication service or information service, for any | 2182 |
injury, death, or loss to person or property that allegedly arises | 2183 |
out of the provider's, officer's, employee's, or agent's provision | 2184 |
of information, facilities, or assistance in accordance with the | 2185 |
terms of a court order that is issued in relation to the | 2186 |
investigation or prosecution of an alleged violation of this | 2187 |
section or section 4931.31 of the Revised Code. A provider of a | 2188 |
telecommunications service or information service, or an officer, | 2189 |
employee, or agent of a telecommunications service or information | 2190 |
service, is immune from any civil or criminal liability for | 2191 |
injury, death, or loss to person or property that allegedly arises | 2192 |
out of the provider's, officer's, employee's, or agent's provision | 2193 |
of information, facilities, or assistance in accordance with the | 2194 |
terms of a court order that is issued in relation to the | 2195 |
investigation or prosecution of an alleged violation of this | 2196 |
section or section 4931.31 of the Revised Code. | 2197 |
(E) As used in this section: | 2198 |
(1) "Economic harm" means all direct, incidental, and | 2199 |
consequential pecuniary harm suffered by a victim as a result of | 2200 |
criminal conduct. "Economic harm" includes, but is not limited to, | 2201 |
all of the following: | 2202 |
(a) All wages, salaries, or other compensation lost as a | 2203 |
result of the criminal conduct; | 2204 |
(b) The cost of all wages, salaries, or other compensation | 2205 |
paid to employees for time those employees are prevented from | 2206 |
working as a result of the criminal conduct; | 2207 |
(c) The overhead costs incurred for the time that a business | 2208 |
is shut down as a result of the criminal conduct; | 2209 |
(d) The loss of value to tangible or intangible property that | 2210 |
was damaged as a result of the criminal conduct. | 2211 |
(2) "Caller" means the person described in division (A) of | 2212 |
this section who makes or causes to be made a telecommunication or | 2213 |
who permits a telecommunication to be made from a | 2214 |
telecommunications device under that person's control. | 2215 |
(3) "Telecommunication" and "telecommunications device" have | 2216 |
the same meanings as in section 2913.01 of the Revised Code. | 2217 |
(4) "Sexual activity" has the same meaning as in section | 2218 |
2907.01 of the Revised Code. | 2219 |
(F) Nothing in this section prohibits a person from making a | 2220 |
telecommunication to a debtor that is in compliance with the "Fair | 2221 |
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C. | 2222 |
1692, as amended, or the "Telephone Consumer Protection Act," 105 | 2223 |
Stat. 2395 (1991), 47 U.S.C. 227, as amended. | 2224 |
Sec. 2917.31. (A) No person shall cause the evacuation of | 2225 |
any public place, or otherwise cause serious public inconvenience | 2226 |
or alarm, by doing any of the following: | 2227 |
(1) Initiating or circulating a report or warning of an | 2228 |
alleged or impending fire, explosion, crime, or other catastrophe, | 2229 |
knowing that such report or warning is false; | 2230 |
(2) Threatening to commit any offense of violence; | 2231 |
(3) Committing any offense, with reckless disregard of the | 2232 |
likelihood that its commission will cause serious public | 2233 |
inconvenience or alarm. | 2234 |
(B) Division (A)(1) of this section does not apply to any | 2235 |
person conducting an authorized fire or emergency drill. | 2236 |
(C)(1) Whoever violates this section is guilty of inducing | 2237 |
panic. | 2238 |
(2) Except as otherwise provided in division (C)(3), (4), | 2239 |
(5), (6), (7), or (8) of this section, inducing panic is a | 2240 |
misdemeanor of the first degree. | 2241 |
(3) Except as otherwise provided in division (C)(4), (5), | 2242 |
(6), (7), or (8) of this section, if a violation of this section | 2243 |
results in physical harm to any person, inducing panic is a felony | 2244 |
of the fourth degree. | 2245 |
(4) Except as otherwise provided in division (C)(5), (6), | 2246 |
(7), or (8) of this section, if a violation of this section | 2247 |
results in economic harm, the penalty shall be determined as | 2248 |
follows: | 2249 |
(a) If the violation results in
economic harm of | 2250 |
hundred fifty dollars or more but less than five thousand | 2251 |
dollars and if division (C)(3) of this section does not apply, | 2252 |
inducing panic is a felony of the fifth degree. | 2253 |
(b) If the violation results in economic harm of five | 2254 |
thousand dollars or more but less than one hundred thousand | 2255 |
dollars, inducing panic is a felony of the fourth degree. | 2256 |
(c) If the violation results in economic harm of one hundred | 2257 |
thousand dollars or more, inducing panic is a felony of the third | 2258 |
degree. | 2259 |
(5) If the public place involved in a violation of division | 2260 |
(A)(1) of this section is a school or an institution of higher | 2261 |
education, inducing panic is a felony of the second degree. | 2262 |
(6) If the violation pertains to a purported, threatened, or | 2263 |
actual use of a weapon of mass destruction, and except as | 2264 |
otherwise provided in division (C)(5), (7), or (8) of this | 2265 |
section, inducing panic is a felony of the fourth degree. | 2266 |
(7) If the violation pertains to a purported, threatened, or | 2267 |
actual use of a weapon of mass destruction, and except as | 2268 |
otherwise provided in division (C)(5) of this section, if a | 2269 |
violation of this section results in physical harm to any person, | 2270 |
inducing panic is a felony of the third degree. | 2271 |
(8) If the violation pertains to a purported, threatened, or | 2272 |
actual use of a weapon of mass destruction, and except as | 2273 |
otherwise provided in division (C)(5) of this section, if a | 2274 |
violation of this section results in economic harm of one hundred | 2275 |
thousand dollars or more, inducing panic is a felony of the third | 2276 |
degree. | 2277 |
(D)(1) It is not a defense to a charge under this section | 2278 |
that pertains to a purported or threatened use of a weapon of mass | 2279 |
destruction that the offender did not possess or have the ability | 2280 |
to use a weapon of mass destruction or that what was represented | 2281 |
to be a weapon of mass destruction was not a weapon of mass | 2282 |
destruction. | 2283 |
(2) Any act that is a violation of this section and any other | 2284 |
section of the Revised Code may be prosecuted under this section, | 2285 |
the other section, or both sections. | 2286 |
(E) As used in this section: | 2287 |
(1) "Economic harm" means any of the following: | 2288 |
(a) All direct, incidental, and consequential pecuniary harm | 2289 |
suffered by a victim as a result of criminal conduct. "Economic | 2290 |
harm" as described in this division includes, but is not limited | 2291 |
to, all of the following: | 2292 |
(i) All wages, salaries, or other compensation lost as a | 2293 |
result of the criminal conduct; | 2294 |
(ii) The cost of all wages, salaries, or other compensation | 2295 |
paid to employees for time those employees are prevented from | 2296 |
working as a result of the criminal conduct; | 2297 |
(iii) The overhead costs incurred for the time that a | 2298 |
business is shut down as a result of the criminal conduct; | 2299 |
(iv) The loss of value to tangible or intangible property | 2300 |
that was damaged as a result of the criminal conduct. | 2301 |
(b) All costs incurred by the state or any political | 2302 |
subdivision as a result of, or in making any response to, the | 2303 |
criminal conduct that constituted the violation of this section or | 2304 |
section 2917.32 of the Revised Code, including, but not limited | 2305 |
to, all costs so incurred by any law enforcement officers, | 2306 |
firefighters, rescue personnel, or emergency medical services | 2307 |
personnel of the state or the political subdivision. | 2308 |
(2) "School" means any school operated by a board of | 2309 |
education or any school for which the state board of education | 2310 |
prescribes minimum standards under section 3301.07 of the Revised | 2311 |
Code, whether or not any instruction, extracurricular activities, | 2312 |
or training provided by the school is being conducted at the time | 2313 |
a violation of this section is committed. | 2314 |
(3) "Weapon of mass destruction" means any of the following: | 2315 |
(a) Any weapon that is designed or intended to cause death or | 2316 |
serious physical harm through the release, dissemination, or | 2317 |
impact of toxic or poisonous chemicals, or their precursors; | 2318 |
(b) Any weapon involving a disease organism or biological | 2319 |
agent; | 2320 |
(c) Any weapon that is designed to release radiation or | 2321 |
radioactivity at a level dangerous to human life; | 2322 |
(d) Any of the following, except to the extent that the item | 2323 |
or device in question is expressly excepted from the definition of | 2324 |
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and | 2325 |
regulations issued under that section: | 2326 |
(i) Any explosive, incendiary, or poison gas bomb, grenade, | 2327 |
rocket having a propellant charge of more than four ounces, | 2328 |
missile having an explosive or incendiary charge of more than | 2329 |
one-quarter ounce, mine, or similar device; | 2330 |
(ii) Any combination of parts either designed or intended for | 2331 |
use in converting any item or device into any item or device | 2332 |
described in division (E)(3)(d)(i) of this section and from which | 2333 |
an item or device described in that division may be readily | 2334 |
assembled. | 2335 |
(4) "Biological agent" has the same meaning as in section | 2336 |
2917.33 of the Revised Code. | 2337 |
(5) "Emergency medical services personnel" has the same | 2338 |
meaning as in section 2133.21 of the Revised Code. | 2339 |
(6) "Institution of higher education" means any of the | 2340 |
following: | 2341 |
(a) A state university or college as defined in division | 2342 |
(A)(1) of section 3345.12 of the Revised Code, community college, | 2343 |
state community college, university branch, or technical college; | 2344 |
(b) A private, nonprofit college, university or other | 2345 |
post-secondary institution located in this state that possesses a | 2346 |
certificate of authorization issued by the Ohio board of regents | 2347 |
pursuant to Chapter 1713. of the Revised Code; | 2348 |
(c) A post-secondary institution with a certificate of | 2349 |
registration issued by the state board of career colleges and | 2350 |
schools under Chapter 3332. of the Revised Code. | 2351 |
Sec. 2917.32. (A) No person shall do any of the following: | 2352 |
(1) Initiate or circulate a report or warning of an alleged | 2353 |
or impending fire, explosion, crime, or other catastrophe, knowing | 2354 |
that the report or warning is false and likely to cause public | 2355 |
inconvenience or alarm; | 2356 |
(2) Knowingly cause a false alarm of fire or other emergency | 2357 |
to be transmitted to or within any organization, public or | 2358 |
private, for dealing with emergencies involving a risk of physical | 2359 |
harm to persons or property; | 2360 |
(3) Report to any law enforcement agency an alleged offense | 2361 |
or other incident within its concern, knowing that such offense | 2362 |
did not occur. | 2363 |
(B) This section does not apply to any person conducting an | 2364 |
authorized fire or emergency drill. | 2365 |
(C)(1) Whoever violates this section is guilty of making | 2366 |
false alarms. | 2367 |
(2) Except as otherwise provided in division (C)(3), (4), | 2368 |
(5), or (6) of this section, making false alarms is a misdemeanor | 2369 |
of the first degree. | 2370 |
(3) Except as otherwise provided in division (C)(4) of this | 2371 |
section, if a violation of this section results in economic harm | 2372 |
of | 2373 |
thousand dollars, making false alarms is a felony of the fifth | 2374 |
degree. | 2375 |
(4) If a violation of this section pertains to a purported, | 2376 |
threatened, or actual use of a weapon of mass destruction, making | 2377 |
false alarms is a felony of the third degree. | 2378 |
(5) If a violation of this section results in economic harm | 2379 |
of five thousand dollars or more but less than one hundred | 2380 |
thousand dollars and if division (C)(4) of this section does not | 2381 |
apply, making false alarms is a felony of the fourth degree. | 2382 |
(6) If a violation of this section results in economic harm | 2383 |
of one hundred thousand dollars or more, making false alarms is a | 2384 |
felony of the third degree. | 2385 |
(D)(1) It is not a defense to a charge under this section | 2386 |
that pertains to a purported or threatened use of a weapon of mass | 2387 |
destruction that the offender did not possess or have the ability | 2388 |
to use a weapon of mass destruction or that what was represented | 2389 |
to be a weapon of mass destruction was not a weapon of mass | 2390 |
destruction. | 2391 |
(2) Any act that is a violation of this section and any other | 2392 |
section of the Revised Code may be prosecuted under this section, | 2393 |
the other section, or both sections. | 2394 |
(E) As used in this section, "economic harm" and "weapon of | 2395 |
mass destruction" have the same meanings as in section 2917.31 of | 2396 |
the Revised Code. | 2397 |
Sec. 2919.21. (A) No person shall abandon, or fail to | 2398 |
provide adequate support to: | 2399 |
(1) The person's spouse, as required by law; | 2400 |
(2) The person's child who is under age eighteen, or mentally | 2401 |
or physically handicapped child who is under age twenty-one; | 2402 |
(3) The person's aged or infirm parent or adoptive parent, | 2403 |
who from lack of ability and means is unable to provide adequately | 2404 |
for the parent's own support. | 2405 |
(B) No person shall abandon, or fail to provide support as | 2406 |
established by a court order to, another person whom, by court | 2407 |
order or decree, the person is legally obligated to support. | 2408 |
(C) No person shall aid, abet, induce, cause, encourage, or | 2409 |
contribute to a child or a ward of the juvenile court becoming a | 2410 |
dependent child, as defined in section 2151.04 of the Revised | 2411 |
Code, or a neglected child, as defined in section 2151.03 of the | 2412 |
Revised Code. | 2413 |
(D) It is an affirmative defense to a charge of failure to | 2414 |
provide adequate support under division (A) of this section or a | 2415 |
charge of failure to provide support established by a court order | 2416 |
under division (B) of this section that the accused was unable to | 2417 |
provide adequate support or the established support but did | 2418 |
provide the support that was within the accused's ability and | 2419 |
means. | 2420 |
(E) It is an affirmative defense to a charge under division | 2421 |
(A)(3) of this section that the parent abandoned the accused or | 2422 |
failed to support the accused as required by law, while the | 2423 |
accused was under age eighteen, or was mentally or physically | 2424 |
handicapped and under age twenty-one. | 2425 |
(F) It is not a defense to a charge under division (B) of | 2426 |
this section that the person whom a court has ordered the accused | 2427 |
to support is being adequately supported by someone other than the | 2428 |
accused. | 2429 |
(G)(1) Except as otherwise provided in this division, whoever | 2430 |
violates division (A) or (B) of this section is guilty of | 2431 |
nonsupport of dependents, a misdemeanor of the first degree. If | 2432 |
the offender previously has been convicted of or pleaded guilty to | 2433 |
a violation of division (A)(2) or (B) of this section or if the | 2434 |
offender has failed to provide support under division (A)(2) or | 2435 |
(B) of this section for a total accumulated period of twenty-six | 2436 |
weeks out of one hundred four consecutive weeks, whether or not | 2437 |
the twenty-six weeks were consecutive, then a violation of | 2438 |
division (A)(2) or (B) of this section is a felony of the fifth | 2439 |
degree. If the offender previously has been convicted of or | 2440 |
pleaded guilty to a felony violation of this section, a violation | 2441 |
of division (A)(2) or (B) of this section is a felony of the | 2442 |
fourth
degree. | 2443 |
If the violation of division (A)(2) or (B) of this section is | 2444 |
a felony of the fourth or fifth degree, the court shall sentence | 2445 |
the offender to one or more community control sanctions authorized | 2446 |
under section 2929.16, 2929.17, or 2929.18 of the Revised Code. If | 2447 |
the court imposes a nonresidential sanction under section 2929.17 | 2448 |
of the Revised Code, the court shall include as a condition of the | 2449 |
sanction that the offender participate in and complete a community | 2450 |
corrections program, as established under sections 5149.30 to | 2451 |
5149.37 of the Revised Code, unless the offender has previously | 2452 |
participated in a community corrections program within the past | 2453 |
three years, if available in the county in which the court | 2454 |
imposing the sentence is located. | 2455 |
(2) If the offender is guilty of nonsupport of dependents by | 2456 |
reason of failing to provide support to the offender's child as | 2457 |
required by a child support order issued on or after April 15, | 2458 |
1985, pursuant to section 2151.23, 2151.231, 2151.232, 2151.33, | 2459 |
3105.21, 3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the | 2460 |
Revised Code, the court, in addition to any other sentence | 2461 |
imposed, shall assess all court costs arising out of the charge | 2462 |
against the person and require the person to pay any reasonable | 2463 |
attorney's fees of any adverse party other than the state, as | 2464 |
determined by the court, that arose in relation to the charge. | 2465 |
| 2466 |
guilty of contributing to the nonsupport of dependents, a | 2467 |
misdemeanor of the first degree. Each day of violation of division | 2468 |
(C) of this section is a separate offense. | 2469 |
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the | 2470 |
Revised Code: | 2471 |
(A) "Public official" means any elected or appointed officer, | 2472 |
or employee, or agent of the state or any political subdivision, | 2473 |
whether in a temporary or permanent capacity, and includes, but is | 2474 |
not limited to, legislators, judges, and law enforcement officers. | 2475 |
(B) "Public servant" means any of the following: | 2476 |
(1) Any public official; | 2477 |
(2) Any person performing ad hoc a governmental function, | 2478 |
including, but not limited to, a juror, member of a temporary | 2479 |
commission, master, arbitrator, advisor, or consultant; | 2480 |
(3) A person who is a candidate for public office, whether or | 2481 |
not the person is elected or appointed to the office for which the | 2482 |
person is a candidate. A person is a candidate for purposes of | 2483 |
this division if the person has been nominated according to law | 2484 |
for election or appointment to public office, or if the person has | 2485 |
filed a petition or petitions as required by law to have the | 2486 |
person's name placed on the ballot in a primary, general, or | 2487 |
special election, or if the person campaigns as a write-in | 2488 |
candidate in any primary, general, or special election. | 2489 |
(C) "Party official" means any person who holds an elective | 2490 |
or appointive post in a political party in the United States or | 2491 |
this state, by virtue of which the person directs, conducts, or | 2492 |
participates in directing or conducting party affairs at any level | 2493 |
of responsibility. | 2494 |
(D) "Official proceeding" means any proceeding before a | 2495 |
legislative, judicial, administrative, or other governmental | 2496 |
agency or official authorized to take evidence under oath, and | 2497 |
includes any proceeding before a referee, hearing examiner, | 2498 |
commissioner, notary, or other person taking testimony or a | 2499 |
deposition in connection with an official proceeding. | 2500 |
(E) "Detention" means arrest; confinement in any vehicle | 2501 |
subsequent to an arrest; confinement in any public or private | 2502 |
facility for custody of persons charged with or convicted of crime | 2503 |
in this state or another state or under the laws of the United | 2504 |
States or alleged or found to be a delinquent child or unruly | 2505 |
child in this state or another state or under the laws of the | 2506 |
United States; hospitalization, institutionalization, or | 2507 |
confinement in any public or private facility that is ordered | 2508 |
pursuant to or under the authority of section 2945.37, 2945.371, | 2509 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 2510 |
Code; confinement in any vehicle for transportation to or from any | 2511 |
facility of any of those natures; detention for extradition or | 2512 |
deportation; except as provided in this division, supervision by | 2513 |
any employee of any facility of any of those natures that is | 2514 |
incidental to hospitalization, institutionalization, or | 2515 |
confinement in the facility but that occurs outside the facility; | 2516 |
2517 | |
2518 | |
2519 | |
or place while being returned from outside of this state into this | 2520 |
state by a private person or entity pursuant to a contract entered | 2521 |
into under division (E) of section 311.29 of the Revised Code or | 2522 |
division (B) of section 5149.03 of the Revised Code. For a person | 2523 |
confined in a county jail who participates in a county jail | 2524 |
industry program pursuant to section 5147.30 of the Revised Code, | 2525 |
"detention" includes time spent at an assigned work site and going | 2526 |
to and from the work site. | 2527 |
(F) "Detention facility" means any public or private place | 2528 |
used for the confinement of a person charged with or convicted of | 2529 |
any crime in this state or another state or under the laws of the | 2530 |
United States or alleged or found to be a delinquent child or | 2531 |
unruly child in this state or another state or under the laws of | 2532 |
the United States. | 2533 |
(G) "Valuable thing or valuable benefit" includes, but is not | 2534 |
limited to, a contribution. This inclusion does not indicate or | 2535 |
imply that a contribution was not included in those terms before | 2536 |
September 17, 1986. | 2537 |
(H) "Campaign committee," "contribution," "political action | 2538 |
committee," "legislative campaign fund," "political party," and | 2539 |
"political contributing entity" have the same meanings as in | 2540 |
section 3517.01 of the Revised Code. | 2541 |
(I) "Provider agreement" and "medical assistance program" | 2542 |
have the same meanings as in section 2913.40 of the Revised Code. | 2543 |
Sec. 2921.13. (A) No person shall knowingly make a false | 2544 |
statement, or knowingly swear or affirm the truth of a false | 2545 |
statement previously made, when any of the following applies: | 2546 |
(1) The statement is made in any official proceeding. | 2547 |
(2) The statement is made with purpose to incriminate | 2548 |
another. | 2549 |
(3) The statement is made with purpose to mislead a public | 2550 |
official in performing the public official's official function. | 2551 |
(4) The statement is made with purpose to secure the payment | 2552 |
of unemployment compensation; Ohio works first; prevention, | 2553 |
retention, and contingency benefits and services; disability | 2554 |
financial assistance; retirement benefits; economic development | 2555 |
assistance, as defined in section 9.66 of the Revised Code; or | 2556 |
other benefits administered by a governmental agency or paid out | 2557 |
of a public treasury. | 2558 |
(5) The statement is made with purpose to secure the issuance | 2559 |
by a governmental agency of a license, permit, authorization, | 2560 |
certificate, registration, release, or provider agreement. | 2561 |
(6) The statement is sworn or affirmed before a notary public | 2562 |
or another person empowered to administer oaths. | 2563 |
(7) The statement is in writing on or in connection with a | 2564 |
report or return that is required or authorized by law. | 2565 |
(8) The statement is in writing and is made with purpose to | 2566 |
induce another to extend credit to or employ the offender, to | 2567 |
confer any degree, diploma, certificate of attainment, award of | 2568 |
excellence, or honor on the offender, or to extend to or bestow | 2569 |
upon the offender any other valuable benefit or distinction, when | 2570 |
the person to whom the statement is directed relies upon it to | 2571 |
that person's detriment. | 2572 |
(9) The statement is made with purpose to commit or | 2573 |
facilitate the commission of a theft offense. | 2574 |
(10) The statement is knowingly made to a probate court in | 2575 |
connection with any action, proceeding, or other matter within its | 2576 |
jurisdiction, either orally or in a written document, including, | 2577 |
but not limited to, an application, petition, complaint, or other | 2578 |
pleading, or an inventory, account, or report. | 2579 |
(11) The statement is made on an account, form, record, | 2580 |
stamp, label, or other writing that is required by law. | 2581 |
(12) The statement is made in connection with the purchase of | 2582 |
a firearm, as defined in section 2923.11 of the Revised Code, and | 2583 |
in conjunction with the furnishing to the seller of the firearm of | 2584 |
a fictitious or altered driver's or commercial driver's license or | 2585 |
permit, a fictitious or altered identification card, or any other | 2586 |
document that contains false information about the purchaser's | 2587 |
identity. | 2588 |
(13) The statement is made in a document or instrument of | 2589 |
writing that purports to be a judgment, lien, or claim of | 2590 |
indebtedness and is filed or recorded with the secretary of state, | 2591 |
a county recorder, or the clerk of a court of record. | 2592 |
(14) The statement is made with purpose to obtain an Ohio's | 2593 |
best Rx program enrollment card under section 173.773 of the | 2594 |
Revised Code or a payment under section 173.801 of the Revised | 2595 |
Code. | 2596 |
(15) The statement is made in an application filed with a | 2597 |
county sheriff pursuant to section 2923.125 of the Revised Code in | 2598 |
order to obtain or renew a license to carry a concealed handgun or | 2599 |
is made in an affidavit submitted to a county sheriff to obtain a | 2600 |
temporary emergency license to carry a concealed handgun under | 2601 |
section 2923.1213 of the Revised Code. | 2602 |
(16) The statement is required under section 5743.71 of the | 2603 |
Revised Code in connection with the person's purchase of | 2604 |
cigarettes or tobacco products in a delivery sale. | 2605 |
(B) No person, in connection with the purchase of a firearm, | 2606 |
as defined in section 2923.11 of the Revised Code, shall knowingly | 2607 |
furnish to the seller of the firearm a fictitious or altered | 2608 |
driver's or commercial driver's license or permit, a fictitious or | 2609 |
altered identification card, or any other document that contains | 2610 |
false information about the purchaser's identity. | 2611 |
(C) No person, in an attempt to obtain a license to carry a | 2612 |
concealed handgun under section 2923.125 of the Revised Code, | 2613 |
shall knowingly present to a sheriff a fictitious or altered | 2614 |
document that purports to be certification of the person's | 2615 |
competence in handling a handgun as described in division (B)(3) | 2616 |
of section 2923.125 of the Revised Code. | 2617 |
(D) It is no defense to a charge under division (A)(6) of | 2618 |
this section that the oath or affirmation was administered or | 2619 |
taken in an irregular manner. | 2620 |
(E) If contradictory statements relating to the same fact are | 2621 |
made by the offender within the period of the statute of | 2622 |
limitations for falsification, it is not necessary for the | 2623 |
prosecution to prove which statement was false but only that one | 2624 |
or the other was false. | 2625 |
(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 2626 |
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is | 2627 |
guilty of falsification, a misdemeanor of the first degree. | 2628 |
(2) Whoever violates division (A)(9) of this section is | 2629 |
guilty of falsification in a theft offense. Except as otherwise | 2630 |
provided in this division, falsification in a theft offense is a | 2631 |
misdemeanor of the first degree. If the value of the property or | 2632 |
services stolen is | 2633 |
is less than five thousand dollars, falsification in a theft | 2634 |
offense is a felony of the fifth degree. If the value of the | 2635 |
property or services stolen is five thousand dollars or more and | 2636 |
is less than one hundred thousand dollars, falsification in a | 2637 |
theft offense is a felony of the fourth degree. If the value of | 2638 |
the property or services stolen is one hundred thousand dollars or | 2639 |
more, falsification in a theft offense is a felony of the third | 2640 |
degree. | 2641 |
(3) Whoever violates division (A)(12) or (B) of this section | 2642 |
is guilty of falsification to purchase a firearm, a felony of the | 2643 |
fifth degree. | 2644 |
(4) Whoever violates division (A)(15) or (C) of this section | 2645 |
is guilty of falsification to obtain a concealed handgun license, | 2646 |
a felony of the fourth degree. | 2647 |
(G) A person who violates this section is liable in a civil | 2648 |
action to any person harmed by the violation for injury, death, or | 2649 |
loss to person or property incurred as a result of the commission | 2650 |
of the offense and for reasonable attorney's fees, court costs, | 2651 |
and other expenses incurred as a result of prosecuting the civil | 2652 |
action commenced under this division. A civil action under this | 2653 |
division is not the exclusive remedy of a person who incurs | 2654 |
injury, death, or loss to person or property as a result of a | 2655 |
violation of this section. | 2656 |
Sec. 2921.341. (A) A person under the lawful supervision of | 2657 |
an employee of the department of rehabilitation and correction | 2658 |
while on any type of release from a state correctional | 2659 |
institution, other than a judicial release under section 2929.20 | 2660 |
of the Revised Code or release while under transitional control | 2661 |
under section 2967.26 of the Revised Code, shall not do any of the | 2662 |
following: | 2663 |
(1) Knowingly leave this state without permission of the | 2664 |
adult parole authority; | 2665 |
(2) Evade, flee, or avoid the supervision for more than six | 2666 |
consecutive months; | 2667 |
(3) Fail to maintain contacts required under the supervision | 2668 |
for more than six consecutive months. | 2669 |
(B) If a person who is subject to division (A) of this | 2670 |
section does anything specified in division (A)(1), (2), or (3) of | 2671 |
this section, the person shall be treated as a releasee for | 2672 |
purposes of section 2967.15 of the Revised Code and shall be | 2673 |
subject to all of the provisions of that section. | 2674 |
Sec. 2921.41. (A) No public official or party official shall | 2675 |
commit any theft offense, as defined in division (K) of section | 2676 |
2913.01 of the Revised Code, when either of the following applies: | 2677 |
(1) The offender uses the offender's office in aid of | 2678 |
committing the offense or permits or assents to its use in aid of | 2679 |
committing the offense; | 2680 |
(2) The property or service involved is owned by this state, | 2681 |
any other state, the United States, a county, a municipal | 2682 |
corporation, a township, or any political subdivision, department, | 2683 |
or agency of any of them, is owned by a political party, or is | 2684 |
part of a political campaign fund. | 2685 |
(B) Whoever violates this section is guilty of theft in | 2686 |
office. Except as otherwise provided in this division, theft in | 2687 |
office is a felony of the fifth degree. If the value of property | 2688 |
or services stolen is
| 2689 |
and is less than five thousand dollars, theft in office is a | 2690 |
felony of the fourth degree. If the value of property or services | 2691 |
stolen is five thousand dollars or more, theft in office is a | 2692 |
felony of the third degree. | 2693 |
(C)(1) A public official or party official who pleads guilty | 2694 |
to theft in office and whose plea is accepted by the court or a | 2695 |
public official or party official against whom a verdict or | 2696 |
finding of guilt for committing theft in office is returned is | 2697 |
forever disqualified from holding any public office, employment, | 2698 |
or position of trust in this state. | 2699 |
(2)(a) A court that imposes sentence for a violation of this | 2700 |
section based on conduct described in division (A)(2) of this | 2701 |
section shall require the public official or party official who is | 2702 |
convicted of or pleads guilty to the offense to make restitution | 2703 |
for all of the property or the service that is the subject of the | 2704 |
offense, in addition to the term of imprisonment and any fine | 2705 |
imposed. A court that imposes sentence for a violation of this | 2706 |
section based on conduct described in division (A)(1) of this | 2707 |
section and that determines at trial that this state or a | 2708 |
political subdivision of this state if the offender is a public | 2709 |
official, or a political party in the United States or this state | 2710 |
if the offender is a party official, suffered actual loss as a | 2711 |
result of the offense shall require the offender to make | 2712 |
restitution to the state, political subdivision, or political | 2713 |
party for all of the actual loss experienced, in addition to the | 2714 |
term of imprisonment and any fine imposed. | 2715 |
(b)(i) In any case in which a sentencing court is required to | 2716 |
order restitution under division (C)(2)(a) of this section and in | 2717 |
which the offender, at the time of the commission of the offense | 2718 |
or at any other time, was a member of the public employees | 2719 |
retirement system, the Ohio police and fire pension fund, the | 2720 |
state teachers retirement system, the school employees retirement | 2721 |
system, or the state highway patrol retirement system; was an | 2722 |
electing employee, as defined in section 3305.01 of the Revised | 2723 |
Code, participating in an alternative retirement plan provided | 2724 |
pursuant to Chapter 3305. of the Revised Code; was a participating | 2725 |
employee or continuing member, as defined in section 148.01 of the | 2726 |
Revised Code, in a deferred compensation program offered by the | 2727 |
Ohio public employees deferred compensation board; was an officer | 2728 |
or employee of a municipal corporation who was a participant in a | 2729 |
deferred compensation program offered by that municipal | 2730 |
corporation; was an officer or employee of a government unit, as | 2731 |
defined in section 148.06 of the Revised Code, who was a | 2732 |
participant in a deferred compensation program offered by that | 2733 |
government unit, or was a participating employee, continuing | 2734 |
member, or participant in any deferred compensation program | 2735 |
described in this division and a member of a retirement system | 2736 |
specified in this division or a retirement system of a municipal | 2737 |
corporation, the entity to which restitution is to be made may | 2738 |
file a motion with the sentencing court specifying any retirement | 2739 |
system, any provider as defined in section 3305.01 of the Revised | 2740 |
Code, and any deferred compensation program of which the offender | 2741 |
was a member, electing employee, participating employee, | 2742 |
continuing member, or participant and requesting the court to | 2743 |
issue an order requiring the specified retirement system, the | 2744 |
specified provider under the alternative retirement plan, or the | 2745 |
specified deferred compensation program, or, if more than one is | 2746 |
specified in the motion, the applicable combination of these, to | 2747 |
withhold the amount required as restitution from any payment that | 2748 |
is to be made under a pension, annuity, or allowance, under an | 2749 |
option in the alternative retirement plan, under a participant | 2750 |
account, as defined in section 148.01 of the Revised Code, or | 2751 |
under any other type of benefit, other than a survivorship | 2752 |
benefit, that has been or is in the future granted to the | 2753 |
offender, from any payment of accumulated employee contributions | 2754 |
standing to the offender's credit with that retirement system, | 2755 |
that provider of the option under the alternative retirement plan, | 2756 |
or that deferred compensation program, or, if more than one is | 2757 |
specified in the motion, the applicable combination of these, and | 2758 |
from any payment of any other amounts to be paid to the offender | 2759 |
upon the offender's withdrawal of the offender's contributions | 2760 |
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of | 2761 |
the Revised Code. A motion described in this division may be filed | 2762 |
at any time subsequent to the conviction of the offender or entry | 2763 |
of a guilty plea. Upon the filing of the motion, the clerk of the | 2764 |
court in which the motion is filed shall notify the offender, the | 2765 |
specified retirement system, the specified provider under the | 2766 |
alternative retirement plan, or the specified deferred | 2767 |
compensation program, or, if more than one is specified in the | 2768 |
motion, the applicable combination of these, in writing, of all of | 2769 |
the following: that the motion was filed; that the offender will | 2770 |
be granted a hearing on the issuance of the requested order if the | 2771 |
offender files a written request for a hearing with the clerk | 2772 |
prior to the expiration of thirty days after the offender receives | 2773 |
the notice; that, if a hearing is requested, the court will | 2774 |
schedule a hearing as soon as possible and notify the offender, | 2775 |
any specified retirement system, any specified provider under an | 2776 |
alternative retirement plan, and any specified deferred | 2777 |
compensation program of the date, time, and place of the hearing; | 2778 |
that, if a hearing is conducted, it will be limited only to a | 2779 |
consideration of whether the offender can show good cause why the | 2780 |
requested order should not be issued; that, if a hearing is | 2781 |
conducted, the court will not issue the requested order if the | 2782 |
court determines, based on evidence presented at the hearing by | 2783 |
the offender, that there is good cause for the requested order not | 2784 |
to be issued; that the court will issue the requested order if a | 2785 |
hearing is not requested or if a hearing is conducted but the | 2786 |
court does not determine, based on evidence presented at the | 2787 |
hearing by the offender, that there is good cause for the | 2788 |
requested order not to be issued; and that, if the requested order | 2789 |
is issued, any retirement system, any provider under an | 2790 |
alternative retirement plan, and any deferred compensation program | 2791 |
specified in the motion will be required to withhold the amount | 2792 |
required as restitution from payments to the offender. | 2793 |
(ii) In any case in which a sentencing court is required to | 2794 |
order restitution under division (C)(2)(a) of this section and in | 2795 |
which a motion requesting the issuance of a withholding order as | 2796 |
described in division (C)(2)(b)(i) of this section is filed, the | 2797 |
offender may receive a hearing on the motion by delivering a | 2798 |
written request for a hearing to the court prior to the expiration | 2799 |
of thirty days after the offender's receipt of the notice provided | 2800 |
pursuant to division (C)(2)(b)(i) of this section. If a request | 2801 |
for a hearing is made by the offender within the prescribed time, | 2802 |
the court shall schedule a hearing as soon as possible after the | 2803 |
request is made and shall notify the offender, the specified | 2804 |
retirement system, the specified provider under the alternative | 2805 |
retirement plan, or the specified deferred compensation program, | 2806 |
or, if more than one is specified in the motion, the applicable | 2807 |
combination of these, of the date, time, and place of the hearing. | 2808 |
A hearing scheduled under this division shall be limited to a | 2809 |
consideration of whether there is good cause, based on evidence | 2810 |
presented by the offender, for the requested order not to be | 2811 |
issued. If the court determines, based on evidence presented by | 2812 |
the offender, that there is good cause for the order not to be | 2813 |
issued, the court shall deny the motion and shall not issue the | 2814 |
requested order. If the offender does not request a hearing | 2815 |
within the prescribed time or if the court conducts a hearing but | 2816 |
does not determine, based on evidence presented by the offender, | 2817 |
that there is good cause for the order not to be issued, the court | 2818 |
shall order the specified retirement system, the specified | 2819 |
provider under the alternative retirement plan, or the specified | 2820 |
deferred compensation program, or, if more than one is specified | 2821 |
in the motion, the applicable combination of these, to withhold | 2822 |
the amount required as restitution under division (C)(2)(a) of | 2823 |
this section from any payments to be made under a pension, | 2824 |
annuity, or allowance, under a participant account, as defined in | 2825 |
section 148.01 of the Revised Code, under an option in the | 2826 |
alternative retirement plan, or under any other type of benefit, | 2827 |
other than a survivorship benefit, that has been or is in the | 2828 |
future granted to the offender, from any payment of accumulated | 2829 |
employee contributions standing to the offender's credit with that | 2830 |
retirement system, that provider under the alternative retirement | 2831 |
plan, or that deferred compensation program, or, if more than one | 2832 |
is specified in the motion, the applicable combination of these, | 2833 |
and from any payment of any other amounts to be paid to the | 2834 |
offender upon the offender's withdrawal of the offender's | 2835 |
contributions pursuant to Chapter 145., 148., 742., 3307., 3309., | 2836 |
or 5505. of the Revised Code, and to continue the withholding for | 2837 |
that purpose, in accordance with the order, out of each payment to | 2838 |
be made on or after the date of issuance of the order, until | 2839 |
further order of the court. Upon receipt of an order issued under | 2840 |
this division, the public employees retirement system, the Ohio | 2841 |
police and fire pension fund, the state teachers retirement | 2842 |
system, the school employees retirement system, the state highway | 2843 |
patrol retirement system, a municipal corporation retirement | 2844 |
system, the provider under the alternative retirement plan, and | 2845 |
the deferred compensation program offered by the Ohio public | 2846 |
employees deferred compensation board, a municipal corporation, or | 2847 |
a government unit, as defined in section 148.06 of the Revised | 2848 |
Code, whichever are applicable, shall withhold the amount required | 2849 |
as restitution, in accordance with the order, from any such | 2850 |
payments and immediately shall forward the amount withheld to the | 2851 |
clerk of the court in which the order was issued for payment to | 2852 |
the entity to which restitution is to be made. | 2853 |
(iii) Service of a notice required by division (C)(2)(b)(i) | 2854 |
or (ii) of this section shall be effected in the same manner as | 2855 |
provided in the Rules of Civil Procedure for the service of | 2856 |
process. | 2857 |
(D) Upon the filing of charges against a person under this | 2858 |
section, the prosecutor, as defined in section 2935.01 of the | 2859 |
Revised Code, who is assigned the case shall send written notice | 2860 |
that charges have been filed against that person to the public | 2861 |
employees retirement system, the Ohio police and fire pension | 2862 |
fund, the state teachers retirement system, the school employees | 2863 |
retirement system, the state highway patrol retirement system, the | 2864 |
provider under an alternative retirement plan, any municipal | 2865 |
corporation retirement system in this state, and the deferred | 2866 |
compensation program offered by the Ohio public employees deferred | 2867 |
compensation board, a municipal corporation, or a government unit, | 2868 |
as defined in section 148.06 of the Revised Code. The written | 2869 |
notice shall specifically identify the person charged. | 2870 |
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 2871 |
Revised Code: | 2872 |
(A) "Beneficial interest" means any of the following: | 2873 |
(1) The interest of a person as a beneficiary under a trust | 2874 |
in which the trustee holds title to personal or real property; | 2875 |
(2) The interest of a person as a beneficiary under any other | 2876 |
trust arrangement under which any other person holds title to | 2877 |
personal or real property for the benefit of such person; | 2878 |
(3) The interest of a person under any other form of express | 2879 |
fiduciary arrangement under which any other person holds title to | 2880 |
personal or real property for the benefit of such person. | 2881 |
"Beneficial interest" does not include the interest of a | 2882 |
stockholder in a corporation or the interest of a partner in | 2883 |
either a general or limited partnership. | 2884 |
(B) "Costs of investigation and prosecution" and "costs of | 2885 |
investigation and litigation" mean all of the costs incurred by | 2886 |
the state or a county or municipal corporation under sections | 2887 |
2923.31 to 2923.36 of the Revised Code in the prosecution and | 2888 |
investigation of any criminal action or in the litigation and | 2889 |
investigation of any civil action, and includes, but is not | 2890 |
limited to, the costs of resources and personnel. | 2891 |
(C) "Enterprise" includes any individual, sole | 2892 |
proprietorship, partnership, limited partnership, corporation, | 2893 |
trust, union, government agency, or other legal entity, or any | 2894 |
organization, association, or group of persons associated in fact | 2895 |
although not a legal entity. "Enterprise" includes illicit as well | 2896 |
as licit enterprises. | 2897 |
(D) "Innocent person" includes any bona fide purchaser of | 2898 |
property that is allegedly involved in a violation of section | 2899 |
2923.32 of the Revised Code, including any person who establishes | 2900 |
a valid claim to or interest in the property in accordance with | 2901 |
division (E) of section 2981.04 of the Revised Code, and any | 2902 |
victim of an alleged violation of that section or of any | 2903 |
underlying offense involved in an alleged violation of that | 2904 |
section. | 2905 |
(E) "Pattern of corrupt activity" means two or more incidents | 2906 |
of corrupt activity, whether or not there has been a prior | 2907 |
conviction, that are related to the affairs of the same | 2908 |
enterprise, are not isolated, and are not so closely related to | 2909 |
each other and connected in time and place that they constitute a | 2910 |
single event. | 2911 |
At least one of the incidents forming the pattern shall occur | 2912 |
on or after January 1, 1986. Unless any incident was an aggravated | 2913 |
murder or murder, the last of the incidents forming the pattern | 2914 |
shall occur within six years after the commission of any prior | 2915 |
incident forming the pattern, excluding any period of imprisonment | 2916 |
served by any person engaging in the corrupt activity. | 2917 |
For the purposes of the criminal penalties that may be | 2918 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 2919 |
one of the incidents forming the pattern shall constitute a felony | 2920 |
under the laws of this state in existence at the time it was | 2921 |
committed or, if committed in violation of the laws of the United | 2922 |
States or of any other state, shall constitute a felony under the | 2923 |
law of the United States or the other state and would be a | 2924 |
criminal offense under the law of this state if committed in this | 2925 |
state. | 2926 |
(F) "Pecuniary value" means money, a negotiable instrument, a | 2927 |
commercial interest, or anything of value, as defined in section | 2928 |
1.03 of the Revised Code, or any other property or service that | 2929 |
has a value in excess of one hundred dollars. | 2930 |
(G) "Person" means any person, as defined in section 1.59 of | 2931 |
the Revised Code, and any governmental officer, employee, or | 2932 |
entity. | 2933 |
(H) "Personal property" means any personal property, any | 2934 |
interest in personal property, or any right, including, but not | 2935 |
limited to, bank accounts, debts, corporate stocks, patents, or | 2936 |
copyrights. Personal property and any beneficial interest in | 2937 |
personal property are deemed to be located where the trustee of | 2938 |
the property, the personal property, or the instrument evidencing | 2939 |
the right is located. | 2940 |
(I) "Corrupt activity" means engaging in, attempting to | 2941 |
engage in, conspiring to engage in, or soliciting, coercing, or | 2942 |
intimidating another person to engage in any of the following: | 2943 |
(1) Conduct defined as "racketeering activity" under the | 2944 |
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. | 2945 |
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; | 2946 |
(2) Conduct constituting any of the following: | 2947 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 2948 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 2949 |
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 2950 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 2951 |
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, | 2952 |
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32, | 2953 |
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 2954 |
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 2955 |
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 2956 |
section 1707.44; division (A)(1) or (2) of section 2923.20; | 2957 |
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or | 2958 |
4719.06; division (C), (D), or (E) of section 4719.07; section | 2959 |
4719.08; or division (A) of section 4719.09 of the Revised Code. | 2960 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 2961 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 2962 |
any violation of section 2915.02 of the Revised Code that occurs | 2963 |
on or after July 1, 1996, and that, had it occurred prior to that | 2964 |
date, would have been a violation of section 3769.11 of the | 2965 |
Revised Code as it existed prior to that date, or any violation of | 2966 |
section 2915.05 of the Revised Code that occurs on or after July | 2967 |
1, 1996, and that, had it occurred prior to that date, would have | 2968 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 2969 |
Revised Code as it existed prior to that date. | 2970 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 2971 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 2972 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 2973 |
of the Revised Code, any violation of section 2925.11 of the | 2974 |
Revised Code that is a felony of the first, second, third, or | 2975 |
fourth degree and that occurs on or after July 1, 1996, any | 2976 |
violation of section 2915.02 of the Revised Code that occurred | 2977 |
prior to July 1, 1996, any violation of section 2915.02 of the | 2978 |
Revised Code that occurs on or after July 1, 1996, and that, had | 2979 |
it occurred prior to that date, would not have been a violation of | 2980 |
section 3769.11 of the Revised Code as it existed prior to that | 2981 |
date, any violation of section 2915.06 of the Revised Code as it | 2982 |
existed prior to July 1, 1996, or any violation of division (B) of | 2983 |
section 2915.05 of the Revised Code as it exists on and after July | 2984 |
1, 1996, when the proceeds of the violation, the payments made in | 2985 |
the violation, the amount of a claim for payment or for any other | 2986 |
benefit that is false or deceptive and that is involved in the | 2987 |
violation, or the value of the contraband or other property | 2988 |
illegally possessed, sold, or purchased in the violation exceeds | 2989 |
2990 | |
violations described in division (I)(2)(c) of this section when | 2991 |
the total proceeds of the combination of violations, payments made | 2992 |
in the combination of violations, amount of the claims for payment | 2993 |
or for other benefits that is false or deceptive and that is | 2994 |
involved in the combination of violations, or value of the | 2995 |
contraband or other property illegally possessed, sold, or | 2996 |
purchased in the combination of
violations exceeds | 2997 |
hundred fifty dollars; | 2998 |
(d) Any violation of section 5743.112 of the Revised Code | 2999 |
when the amount of unpaid tax exceeds one hundred dollars; | 3000 |
(e) Any violation or combination of violations of section | 3001 |
2907.32 of the Revised Code involving any material or performance | 3002 |
containing a display of bestiality or of sexual conduct, as | 3003 |
defined in section 2907.01 of the Revised Code, that is explicit | 3004 |
and depicted with clearly visible penetration of the genitals or | 3005 |
clearly visible penetration by the penis of any orifice when the | 3006 |
total proceeds of the violation or combination of violations, the | 3007 |
payments made in the violation or combination of violations, or | 3008 |
the value of the contraband or other property illegally possessed, | 3009 |
sold, or purchased in the violation or combination of violations | 3010 |
exceeds | 3011 |
(f) Any combination of violations described in division | 3012 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 3013 |
Revised Code involving any material or performance containing a | 3014 |
display of bestiality or of sexual conduct, as defined in section | 3015 |
2907.01 of the Revised Code, that is explicit and depicted with | 3016 |
clearly visible penetration of the genitals or clearly visible | 3017 |
penetration by the penis of any orifice when the total proceeds of | 3018 |
the combination of violations, payments made in the combination of | 3019 |
violations, amount of the claims for payment or for other benefits | 3020 |
that is false or deceptive and that is involved in the combination | 3021 |
of violations, or value of the contraband or other property | 3022 |
illegally possessed, sold, or purchased in the combination of | 3023 |
violations exceeds | 3024 |
(3) Conduct constituting a violation of any law of any state | 3025 |
other than this state that is substantially similar to the conduct | 3026 |
described in division (I)(2) of this section, provided the | 3027 |
defendant was convicted of the conduct in a criminal proceeding in | 3028 |
the other state; | 3029 |
(4) Animal or ecological terrorism; | 3030 |
(5)(a) Conduct constituting any of the following: | 3031 |
(i) Organized retail theft; | 3032 |
(ii) Conduct that constitutes one or more violations of any | 3033 |
law of any state other than this state, that is substantially | 3034 |
similar to organized retail theft, and that if committed in this | 3035 |
state would be organized retail theft, if the defendant was | 3036 |
convicted of or pleaded guilty to the conduct in a criminal | 3037 |
proceeding in the other state. | 3038 |
(b) By enacting division (I)(5)(a) of this section, it is the | 3039 |
intent of the general assembly to add organized retail theft and | 3040 |
the conduct described in division (I)(5)(a)(ii) of this section as | 3041 |
conduct constituting corrupt activity. The enactment of division | 3042 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 3043 |
of this section of organized retail theft and the conduct | 3044 |
described in division (I)(5)(a)(ii) of this section as conduct | 3045 |
constituting corrupt activity does not limit or preclude, and | 3046 |
shall not be construed as limiting or precluding, any prosecution | 3047 |
for a violation of section 2923.32 of the Revised Code that is | 3048 |
based on one or more violations of section 2913.02 or 2913.51 of | 3049 |
the Revised Code, one or more similar offenses under the laws of | 3050 |
this state or any other state, or any combination of any of those | 3051 |
violations or similar offenses, even though the conduct | 3052 |
constituting the basis for those violations or offenses could be | 3053 |
construed as also constituting organized retail theft or conduct | 3054 |
of the type described in division (I)(5)(a)(ii) of this section. | 3055 |
(J) "Real property" means any real property or any interest | 3056 |
in real property, including, but not limited to, any lease of, or | 3057 |
mortgage upon, real property. Real property and any beneficial | 3058 |
interest in it is deemed to be located where the real property is | 3059 |
located. | 3060 |
(K) "Trustee" means any of the following: | 3061 |
(1) Any person acting as trustee under a trust in which the | 3062 |
trustee holds title to personal or real property; | 3063 |
(2) Any person who holds title to personal or real property | 3064 |
for which any other person has a beneficial interest; | 3065 |
(3) Any successor trustee. | 3066 |
"Trustee" does not include an assignee or trustee for an | 3067 |
insolvent debtor or an executor, administrator, administrator with | 3068 |
the will annexed, testamentary trustee, guardian, or committee, | 3069 |
appointed by, under the control of, or accountable to a court. | 3070 |
(L) "Unlawful debt" means any money or other thing of value | 3071 |
constituting principal or interest of a debt that is legally | 3072 |
unenforceable in this state in whole or in part because the debt | 3073 |
was incurred or contracted in violation of any federal or state | 3074 |
law relating to the business of gambling activity or relating to | 3075 |
the business of lending money at an usurious rate unless the | 3076 |
creditor proves, by a preponderance of the evidence, that the | 3077 |
usurious rate was not intentionally set and that it resulted from | 3078 |
a good faith error by the creditor, notwithstanding the | 3079 |
maintenance of procedures that were adopted by the creditor to | 3080 |
avoid an error of that nature. | 3081 |
(M) "Animal activity" means any activity that involves the | 3082 |
use of animals or animal parts, including, but not limited to, | 3083 |
hunting, fishing, trapping, traveling, camping, the production, | 3084 |
preparation, or processing of food or food products, clothing or | 3085 |
garment manufacturing, medical research, other research, | 3086 |
entertainment, recreation, agriculture, biotechnology, or service | 3087 |
activity that involves the use of animals or animal parts. | 3088 |
(N) "Animal facility" means a vehicle, building, structure, | 3089 |
nature preserve, or other premises in which an animal is lawfully | 3090 |
kept, handled, housed, exhibited, bred, or offered for sale, | 3091 |
including, but not limited to, a zoo, rodeo, circus, amusement | 3092 |
park, hunting preserve, or premises in which a horse or dog event | 3093 |
is held. | 3094 |
(O) "Animal or ecological terrorism" means the commission of | 3095 |
any felony that involves causing or creating a substantial risk of | 3096 |
physical harm to any property of another, the use of a deadly | 3097 |
weapon or dangerous ordnance, or purposely, knowingly, or | 3098 |
recklessly causing serious physical harm to property and that | 3099 |
involves an intent to obstruct, impede, or deter any person from | 3100 |
participating in a lawful animal activity, from mining, foresting, | 3101 |
harvesting, gathering, or processing natural resources, or from | 3102 |
being lawfully present in or on an animal facility or research | 3103 |
facility. | 3104 |
(P) "Research facility" means a place, laboratory, | 3105 |
institution, medical care facility, government facility, or public | 3106 |
or private educational institution in which a scientific test, | 3107 |
experiment, or investigation involving the use of animals or other | 3108 |
living organisms is lawfully carried out, conducted, or | 3109 |
attempted. | 3110 |
(Q) "Organized retail theft" means the theft of retail | 3111 |
property with a retail value of five hundred dollars or more from | 3112 |
one or more retail establishments with the intent to sell, | 3113 |
deliver, or transfer that property to a retail property fence. | 3114 |
(R) "Retail property" means any tangible personal property | 3115 |
displayed, held, stored, or offered for sale in or by a retail | 3116 |
establishment. | 3117 |
(S) "Retail property fence" means a person who possesses, | 3118 |
procures, receives, or conceals retail property that was | 3119 |
represented to the person as being stolen or that the person knows | 3120 |
or believes to be stolen. | 3121 |
(T) "Retail value" means the full retail value of the retail | 3122 |
property. In determining whether the retail value of retail | 3123 |
property equals or exceeds five hundred dollars, the value of all | 3124 |
retail property stolen from the retail establishment or retail | 3125 |
establishments by the same person or persons within any | 3126 |
one-hundred-eighty-day period shall be aggregated. | 3127 |
Sec. 2929.17. Except as provided in this section, the court | 3128 |
imposing a sentence for a felony upon an offender who is not | 3129 |
required to serve a mandatory prison term may impose any | 3130 |
nonresidential sanction or combination of nonresidential sanctions | 3131 |
authorized under this section. If the court imposes one or more | 3132 |
nonresidential sanctions authorized under this section, the court | 3133 |
shall impose as a condition of the sanction that, during the | 3134 |
period of the nonresidential sanction, the offender shall abide by | 3135 |
the law and shall not leave the state without the permission of | 3136 |
the court or the offender's probation officer. | 3137 |
The court imposing a sentence for a fourth degree felony OVI | 3138 |
offense under division (G)(1) or (2) of section 2929.13 of the | 3139 |
Revised Code or for a third degree felony OVI offense under | 3140 |
division (G)(2) of that section may impose upon the offender, in | 3141 |
addition to the mandatory term of local incarceration or mandatory | 3142 |
prison term imposed under the applicable division, a | 3143 |
nonresidential sanction or combination of nonresidential sanctions | 3144 |
under this section, and the offender shall serve or satisfy the | 3145 |
sanction or combination of sanctions after the offender has served | 3146 |
the mandatory term of local incarceration or mandatory prison term | 3147 |
required for the offense. The court shall not impose a term in a | 3148 |
drug treatment program as described in division (D) of this | 3149 |
section until after considering an assessment by a properly | 3150 |
credentialed treatment professional, if available. Nonresidential | 3151 |
sanctions include, but are not limited to, the following: | 3152 |
(A) A term of day reporting; | 3153 |
(B) A term of house arrest with electronic monitoring or | 3154 |
continuous alcohol monitoring or both electronic monitoring and | 3155 |
continuous alcohol monitoring, a term of electronic monitoring or | 3156 |
continuous alcohol monitoring without house arrest, or a term of | 3157 |
house arrest without electronic monitoring or continuous alcohol | 3158 |
monitoring; | 3159 |
(C) A term of community service of up to five hundred hours | 3160 |
pursuant to division (B) of section 2951.02 of the Revised Code | 3161 |
or, if the court determines that the offender is financially | 3162 |
incapable of fulfilling a financial sanction described in section | 3163 |
2929.18 of the Revised Code, a term of community service as an | 3164 |
alternative to a financial sanction; | 3165 |
(D) A term in a drug treatment program with a level of | 3166 |
security for the offender as determined by the court; | 3167 |
(E) A term of intensive probation supervision; | 3168 |
(F) A term of basic probation supervision; | 3169 |
(G) A term of monitored time; | 3170 |
(H) A term of drug and alcohol use monitoring, including | 3171 |
random drug testing; | 3172 |
(I) A curfew term; | 3173 |
(J) A requirement that the offender obtain employment; | 3174 |
(K) A requirement that the offender obtain education or | 3175 |
training; | 3176 |
(L) Provided the court obtains the prior approval of the | 3177 |
victim, a requirement that the offender participate in | 3178 |
victim-offender mediation; | 3179 |
(M) A license violation report; | 3180 |
(N) If the offense is a violation of section 2919.25 or a | 3181 |
violation of section 2903.11, 2903.12, or 2903.13 of the Revised | 3182 |
Code involving a person who was a family or household member at | 3183 |
the time of the violation, if the offender committed the offense | 3184 |
in the vicinity of one or more children who are not victims of the | 3185 |
offense, and if the offender or the victim of the offense is a | 3186 |
parent, guardian, custodian, or person in loco parentis of one or | 3187 |
more of those children, a requirement that the offender obtain | 3188 |
counseling. This division does not limit the court in requiring | 3189 |
the offender to obtain counseling for any offense or in any | 3190 |
circumstance not specified in this division. | 3191 |
(O) If the offense is a felony violation of division (A)(2) | 3192 |
or (B) of section 2919.21 of the Revised Code, a requirement that | 3193 |
the offender participate in and complete a community corrections | 3194 |
program, as established under sections 5149.30 to 5149.37 of the | 3195 |
Revised Code, unless the offender has previously participated in a | 3196 |
community corrections program within the past three years, if | 3197 |
available in the county in which the court imposing the sentence | 3198 |
is located. | 3199 |
Sec. 2967.193. (A) Except as provided in division (C) of | 3200 |
this section or in section 2929.13, 2929.14, or 2967.13 of the | 3201 |
Revised Code, a person confined in a state correctional | 3202 |
institution may earn | 3203 |
from the
person's stated prison term for each | 3204 |
during which the person productively participates in an education | 3205 |
program, vocational training, employment in prison industries, | 3206 |
treatment for substance
abuse, | 3207 |
other constructive program, other than a sex offender treatment | 3208 |
program, developed by the department with specific standards for | 3209 |
performance by
prisoners. | 3210 |
3211 | |
3212 | |
3213 | |
3214 | |
violates prison rules, the department may deny the prisoner a | 3215 |
credit that otherwise could have been awarded to the prisoner or | 3216 |
may withdraw one or more credits previously earned by the | 3217 |
prisoner. | 3218 |
| 3219 |
3220 | |
3221 | |
3222 | |
3223 | |
3224 | |
3225 | |
3226 | |
3227 | |
3228 |
(B) The department of rehabilitation and correction shall | 3229 |
adopt rules that specify the programs or activities for which | 3230 |
credit may be earned under this section, the criteria for | 3231 |
determining productive participation in the programs or activities | 3232 |
and for awarding credit, and the criteria for denying or | 3233 |
withdrawing previously earned credit as a result of a violation of | 3234 |
prison rules. | 3235 |
(C) No person who is serving a sentence of life imprisonment | 3236 |
without parole imposed pursuant to section 2929.03 or 2929.06 of | 3237 |
the Revised
Code | 3238 |
life imprisonment without parole imposed pursuant to section | 3239 |
2971.03 of the Revised Code, or who is serving a sentence for a | 3240 |
sexually oriented offense shall be awarded any days of credit | 3241 |
under division (A) of this section. | 3242 |
(D) As used in this section, "sexually oriented offense" has | 3243 |
the same meaning as in section 2950.01 of the Revised Code. | 3244 |
Sec. 2981.07. (A) No person shall destroy, damage, remove, | 3245 |
or transfer property that is subject to forfeiture or otherwise | 3246 |
take any action in regard to property that is subject to | 3247 |
forfeiture with purpose to do any of the following: | 3248 |
(1) Prevent or impair the state's or political subdivision's | 3249 |
lawful authority to take the property into its custody or control | 3250 |
under this chapter or to continue holding the property under its | 3251 |
lawful custody or control; | 3252 |
(2) Impair or defeat the court's continuing jurisdiction over | 3253 |
the person and property; | 3254 |
(3) Devalue property that the person knows, or has reasonable | 3255 |
cause to believe, is subject to forfeiture proceedings under this | 3256 |
chapter. | 3257 |
(B)(1) Whoever violates this section is guilty of | 3258 |
interference with or diminishing forfeitable property. | 3259 |
(2) Except as otherwise provided in divisions (B)(3), (4), | 3260 |
and (5) of this section, interference with or diminishing | 3261 |
forfeitable property is a misdemeanor of the first degree. | 3262 |
(3) If the value of the property is | 3263 |
dollars or more but less than five thousand dollars, interference | 3264 |
with or diminishing forfeitable property is a felony of the fifth | 3265 |
degree. | 3266 |
(4) If the value of the property is five thousand dollars or | 3267 |
more but less than one hundred thousand dollars, interference with | 3268 |
or diminishing forfeitable property is a felony of the fourth | 3269 |
degree. | 3270 |
(5) If the value of the property is one hundred thousand | 3271 |
dollars or more, interference with or diminishing forfeitable | 3272 |
property is a felony of the third degree. | 3273 |
Section 2. That existing sections 926.99, 1333.99, 1707.99, | 3274 |
1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, | 3275 |
2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, | 3276 |
2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, | 3277 |
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, | 3278 |
2919.21, 2921.01, 2921.13, 2921.41, 2923.31, 2929.17, 2967.193, | 3279 |
and 2981.07 of the Revised Code are hereby repealed. | 3280 |
Section 3. The amendments to sections 926.99, 1333.99, | 3281 |
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, | 3282 |
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, | 3283 |
2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, | 3284 |
2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, | 3285 |
2917.32, 2921.13, 2921.41, 2923.31, and 2981.07 of the Revised | 3286 |
Code that are made in this act apply to a person who commits an | 3287 |
offense specified or penalized under those sections on or after | 3288 |
the effective date of this act and to a person to whom division | 3289 |
(B) of section 1.58 of the Revised Code makes the amendment | 3290 |
applicable. | 3291 |
The provisions of sections 926.99, 1333.99, 1707.99, 1716.99, | 3292 |
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11, | 3293 |
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42, | 3294 |
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, | 3295 |
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13, | 3296 |
2921.41, 2923.31, and 2981.07 of the Revised Code in existence | 3297 |
prior to the effective date of this act shall apply to a person | 3298 |
upon whom a court imposed sentence prior to the effective date of | 3299 |
this act for an offense specified or penalized under those | 3300 |
sections. The amendments to sections 926.99, 1333.99, 1707.99, | 3301 |
1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, | 3302 |
2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, | 3303 |
2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, | 3304 |
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, | 3305 |
2921.13, 2921.41, 2923.31, and 2981.07 of the Revised Code that | 3306 |
are made in this act do not apply to a person who upon whom a | 3307 |
court imposed sentence prior to the effective date of this act | 3308 |
for an offense specified or penalized under those sections. | 3309 |
Section 4. Section 1716.99 of the Revised Code is presented | 3310 |
in this act as a composite of the section as amended by both Am. | 3311 |
Sub. H.B. 59 and Sub. S.B. 2 of the 123rd General Assembly. | 3312 |
Section 2913.46 of the Revised Code is presented in this act as a | 3313 |
composite of the section as amended by Am. Sub. S.B. 107, Am. | 3314 |
Sub. S.B. 269, and Am. Sub. S.B. 293, all of the 121st General | 3315 |
Assembly. Section 2917.21 of the Revised Code is presented in | 3316 |
this act as a composite of the section as amended by both Am. | 3317 |
Sub. H.B. 565 and Sub. S.B. 215 of the 122nd General Assembly. | 3318 |
Section 2967.193 of the Revised Code is presented in this act as a | 3319 |
composite of the section as amended by both Am. Sub. S.B. 269 and | 3320 |
Am. Sub. H.B. 180 of the 121st General Assembly. The General | 3321 |
Assembly, applying the principle stated in division (B) of | 3322 |
section 1.52 of the Revised Code that amendments are to be | 3323 |
harmonized if reasonably capable of simultaneous operation, finds | 3324 |
that the composites are the resulting versions of the sections | 3325 |
in effect prior to the effective date of the sections as | 3326 |
presented in this act. | 3327 |