S. B. No. 22 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

S. B. No. 22

Senator Seitz

A BILL

To amend sections 926.99, 1333.99, 1707.99, 1716.99,

2909.03, 2909.05, 2909.11, 2913.02, 2913.03,

2913.04, 2913.11, 2913.21, 2913.31, 2913.32,

2913.34, 2913.40, 2913.401, 2913.42, 2913.421,

2913.43, 2913.45, 2913.46, 2913.47, 2913.48,

2913.49, 2913.51, 2913.61, 2915.05, 2917.21,

2917.31, 2917.32, 2919.21, 2921.01, 2921.13,

2921.41, 2923.31, 2929.17, 2967.193, and 2981.07

and to enact section 2921.341 of the Revised Code

to increase from $500 to $750 the threshold amount

that is used in determining increased penalties

for theft-related offenses; to provide that if the

offense of "nonsupport of dependents" is based on

an abandonment of or failure to support a child or

a person to whom a court order requires support

and is a felony the court must sentence the

offender to one or more community control

sanctions and that any residential sanction so

imposed generally must require that the offender

complete a community corrections program; to

remove Department of Rehabilitation and Correction

supervision of a releasee from the definition of

"detention" and specify the method of sanctioning

a person under Department supervision who fails to

comply in a specified manner with that

supervision; and to increase from one day to five

days the credit a prisoner in a state correctional

institution may earn as a monthly deduction from

the prisoner's prison term for productive

participation in specified prison programs, remove

sex offender treatment programs from the type of

programs for which a prisoner can earn the credit,

and prohibit granting the credit to a person

serving a sentence for a sexually oriented

offense.

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

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 ~~five~~seven hundred fifty dollars or	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 ~~five~~seven hundred fifty dollars or more and less than five	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 ~~five~~seven hundred	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 ~~five~~seven hundred fifty	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 ~~five~~seven hundred fifty dollars or more but	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 ~~five~~seven hundred fifty dollars or more and is less than five	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 ~~five~~seven hundred fifty dollars or	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 ~~five~~seven hundred fifty dollars or more;	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 ~~five~~seven	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 ~~five~~	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 ~~five~~seven hundred fifty dollars	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 ~~five~~seven	309
hundred fifty dollars or more, the finding and return shall	310
include a statement that the value or amount was ~~five~~seven	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 ~~five~~seven hundred fifty dollars or more but less than five	327
thousand dollars, a statement that the value or amount was ~~five~~	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 ~~five~~seven hundred	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 ~~five~~seven hundred fifty dollars or more and	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)~~, or (e)~~ of this section, a felony of the fifth degree;	509

(b) If the loss to the victim is ~~five~~seven hundred fifty	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 ~~five~~seven hundred fifty dollars or more and 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 ~~five~~seven hundred fifty dollars or more and is less	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 ~~five~~seven hundred fifty dollars or more and is less	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

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 ~~five~~seven hundred fifty dollars or more but less than	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 ~~five~~seven hundred fifty	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 ~~five~~seven	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 ~~five~~seven hundred fifty dollars or more and is less	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 ~~five~~seven hundred fifty dollars or more	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 ~~five~~	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 ~~five~~seven hundred fifty dollars or more and is less than five	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 ~~five~~seven hundred fifty dollars or more and is less	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 ~~five~~seven hundred fifty	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 ~~five~~seven hundred fifty dollars or	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 ~~five~~seven hundred fifty dollars or more.	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 ~~five~~seven hundred fifty dollars or	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 ~~five~~seven hundred	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 ~~five~~seven hundred fifty	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

~~(c)~~(d) "Aggregate value of the food stamp coupons, WIC	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

~~(d)~~(e) "Total value of any electronically transferred benefit	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
~~five~~seven hundred fifty dollars or more and is less than five	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 ~~five~~seven hundred fifty	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 ~~five~~seven	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 ~~personnel~~personal identifying information or	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 ~~five~~seven hundred fifty dollars or more and is less	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 ~~five~~	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 ~~five~~seven hundred fifty	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 ~~five~~	1952
seven hundred fifty dollars or more, property or services valued	1953
at ~~five~~seven hundred fifty dollars or more and less than five	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 ~~five~~seven hundred fifty dollars or more, it	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 ~~five~~seven hundred	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 ~~five~~seven hundred fifty dollars or	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 ~~five~~	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 ~~five~~seven	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 ~~five~~seven hundred fifty dollars or more but less than five	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. If	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

~~(2)~~(3) Whoever violates division (C) of this section is	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
~~supervision by an employee of the department of rehabilitation and~~	2517
~~correction of a person on any type of release from a state~~	2518
~~correctional institution;~~ or confinement in any vehicle, airplane,	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 ~~five~~seven hundred fifty dollars or more and	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 ~~five~~seven hundred fifty dollars or more	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
~~five~~seven hundred fifty dollars, or any combination of	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 ~~five~~seven	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 ~~five~~seven hundred fifty dollars;	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 ~~five~~seven hundred fifty dollars.	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 ~~one day~~five days of credit as a deduction	3203
from the person's stated prison term for each ~~full~~completed month	3204
during which the person productively participates in an education	3205
program, vocational training, employment in prison industries,	3206
treatment for substance abuse, ~~treatment as a sex offender,~~ or any	3207
other constructive program, other than a sex offender treatment	3208
program, developed by the department with specific standards for	3209
performance by prisoners. ~~At the end of each calendar month in~~	3210
~~which a prisoner productively participates in a program or~~	3211
~~activity listed in this division, the department of rehabilitation~~	3212
~~and correction shall deduct one day from the date on which the~~	3213
~~prisoner's stated prison term will expire.~~ If the prisoner	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

~~If a prisoner is released before the expiration of the~~	3219
~~prisoner's stated prison term by reason of credit earned under~~	3220
~~this section, the department shall retain control of the prisoner~~	3221
~~by means of an appropriate post-release control sanction imposed~~	3222
~~by the parole board until the end of the stated prison term if the~~	3223
~~parole board imposes a post-release control sanction pursuant to~~	3224
~~section 2967.28 of the Revised Code. If the parole board is not~~	3225
~~required to impose a post-release control sanction under section~~	3226
~~2967.28 of the Revised Code, the parole board may elect not to~~	3227
~~impose a post-release control sanction on the prisoner.~~	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 or, who is serving a prison term or a term of	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 ~~five~~seven hundred fifty	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