As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Sub. S. B. No. 235

Senators Fedor, Grendell 

Cosponsors: Senators Cafaro, Miller, R., Schaffer, Jones, Smith, Hughes, Wagoner, Goodman, Strahorn, Sawyer, Widener, Carey, Schuring, Patton, Husted, Morano, Schiavoni, Turner, Wilson, Buehrer, Miller, D., Kearney, Stewart, Gibbs, Niehaus, Coughlin, Gillmor, Harris 

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A BILL

To amend sections 2901.01, 2905.01, 2905.02, 2907.21,

1

2923.01, 2923.31, 2929.01, and 2933.51 and to

2

enact sections 2905.31, 2905.32, and 2905.33 of

3

the Revised Code to create the offenses of

4

trafficking in persons and unlawful conduct with

5

respect to documents; to revise the involuntary

6

servitude-related elements of, and the penalty

7

for, the offense of kidnapping; to increase the

8

penalty for the offense of abduction based on

9

involuntary servitude; to clarify an element of

10

the offense of compelling prostitution that

11

relates to the compelling of another to engage in

12

specified conduct; to include abduction and

13

trafficking in persons within the offense of

14

conspiracy; to include trafficking in persons in

15

the definitions of "offense of violence" and

16

"corrupt activity" and the list of offenses that

17

are subject to the Communications Interception

18

Law; and to include involuntary servitude and

19

trafficking in persons within the definition of

20

"human trafficking."

21

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

Section 1. That sections 2901.01, 2905.01, 2905.02, 2907.21,	22
2923.01, 2923.31, 2929.01, and 2933.51 be amended and sections	23
2905.31, 2905.32, and 2905.33 of the Revised Code be enacted to	24
read as follows:	25

Sec. 2901.01.  (A) As used in the Revised Code:

26

(1) "Force" means any violence, compulsion, or constraint	27
physically exerted by any means upon or against a person or thing.	28

(2) "Deadly force" means any force that carries a substantial	29
risk that it will proximately result in the death of any person.	30

(3) "Physical harm to persons" means any injury, illness, or	31
other physiological impairment, regardless of its gravity or	32
duration.	33

(4) "Physical harm to property" means any tangible or	34
intangible damage to property that, in any degree, results in loss	35
to its value or interferes with its use or enjoyment. "Physical	36
harm to property" does not include wear and tear occasioned by	37
normal use.	38

(5) "Serious physical harm to persons" means any of the	39
following:	40

(a) Any mental illness or condition of such gravity as would	41
normally require hospitalization or prolonged psychiatric	42
treatment;	43

(b) Any physical harm that carries a substantial risk of	44
death;	45

(c) Any physical harm that involves some permanent	46
incapacity, whether partial or total, or that involves some	47
temporary, substantial incapacity;	48

(d) Any physical harm that involves some permanent	49
disfigurement or that involves some temporary, serious	50
disfigurement;	51

(e) Any physical harm that involves acute pain of such	52
duration as to result in substantial suffering or that involves	53
any degree of prolonged or intractable pain.	54

(6) "Serious physical harm to property" means any physical	55
harm to property that does either of the following:	56

(a) Results in substantial loss to the value of the property	57
or requires a substantial amount of time, effort, or money to	58
repair or replace;	59

(b) Temporarily prevents the use or enjoyment of the property	60
or substantially interferes with its use or enjoyment for an	61
extended period of time.	62

(7) "Risk" means a significant possibility, as contrasted	63
with a remote possibility, that a certain result may occur or that	64
certain circumstances may exist.	65

(8) "Substantial risk" means a strong possibility, as	66
contrasted with a remote or significant possibility, that a	67
certain result may occur or that certain circumstances may exist.	68

(9) "Offense of violence" means any of the following:

69

(a) A violation of section 2903.01, 2903.02, 2903.03,	70
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	71
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	72
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	73
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	74
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section	75
2911.12, or of division (B)(1), (2), (3), or (4) of section	76
2919.22 of the Revised Code or felonious sexual penetration in	77
violation of former section 2907.12 of the Revised Code;	78

(b) A violation of an existing or former municipal ordinance	79
or law of this or any other state or the United States,	80
substantially equivalent to any section, division, or offense	81
listed in division (A)(9)(a) of this section;	82

(c) An offense, other than a traffic offense, under an	83
existing or former municipal ordinance or law of this or any other	84
state or the United States, committed purposely or knowingly, and	85
involving physical harm to persons or a risk of serious physical	86
harm to persons;	87

(d) A conspiracy or attempt to commit, or complicity in	88
committing, any offense under division (A)(9)(a), (b), or (c) of	89
this section.	90

(10)(a) "Property" means any property, real or personal,	91
tangible or intangible, and any interest or license in that	92
property. "Property" includes, but is not limited to, cable	93
television service, other telecommunications service,	94
telecommunications devices, information service, computers, data,	95
computer software, financial instruments associated with	96
computers, other documents associated with computers, or copies of	97
the documents, whether in machine or human readable form, trade	98
secrets, trademarks, copyrights, patents, and property protected	99
by a trademark, copyright, or patent. "Financial instruments	100
associated with computers" include, but are not limited to,	101
checks, drafts, warrants, money orders, notes of indebtedness,	102
certificates of deposit, letters of credit, bills of credit or	103
debit cards, financial transaction authorization mechanisms,	104
marketable securities, or any computer system representations of	105
any of them.	106

(b) As used in division (A)(10) of this section, "trade	107
secret" has the same meaning as in section 1333.61 of the Revised	108
Code, and "telecommunications service" and "information service"	109
have the same meanings as in section 2913.01 of the Revised Code.	110

(c) As used in divisions (A)(10) and (13) of this section,	111
"cable television service," "computer," "computer software,"	112
"computer system," "computer network," "data," and	113
"telecommunications device" have the same meanings as in section	114
2913.01 of the Revised Code.	115

(11) "Law enforcement officer" means any of the following:

116

(a) A sheriff, deputy sheriff, constable, police officer of a	117
township or joint township police district, marshal, deputy	118
marshal, municipal police officer, member of a police force	119
employed by a metropolitan housing authority under division (D) of	120
section 3735.31 of the Revised Code, or state highway patrol	121
trooper;	122

(b) An officer, agent, or employee of the state or any of its	123
agencies, instrumentalities, or political subdivisions, upon whom,	124
by statute, a duty to conserve the peace or to enforce all or	125
certain laws is imposed and the authority to arrest violators is	126
conferred, within the limits of that statutory duty and authority;	127

(c) A mayor, in the mayor's capacity as chief conservator of	128
the peace within the mayor's municipal corporation;	129

(d) A member of an auxiliary police force organized by	130
county, township, or municipal law enforcement authorities, within	131
the scope of the member's appointment or commission;	132

(e) A person lawfully called pursuant to section 311.07 of	133
the Revised Code to aid a sheriff in keeping the peace, for the	134
purposes and during the time when the person is called;	135

(f) A person appointed by a mayor pursuant to section 737.01	136
of the Revised Code as a special patrolling officer during riot or	137
emergency, for the purposes and during the time when the person is	138
appointed;	139

(g) A member of the organized militia of this state or the	140
armed forces of the United States, lawfully called to duty to aid	141
civil authorities in keeping the peace or protect against domestic	142
violence;	143

(h) A prosecuting attorney, assistant prosecuting attorney,	144
secret service officer, or municipal prosecutor;	145

(i) A veterans' home police officer appointed under section	146
5907.02 of the Revised Code;	147

(j) A member of a police force employed by a regional transit	148
authority under division (Y) of section 306.35 of the Revised	149
Code;	150

(k) A special police officer employed by a port authority	151
under section 4582.04 or 4582.28 of the Revised Code;	152

(l) The house of representatives sergeant at arms if the	153
house of representatives sergeant at arms has arrest authority	154
pursuant to division (E)(1) of section 101.311 of the Revised Code	155
and an assistant house of representatives sergeant at arms;	156

(m) A special police officer employed by a municipal	157
corporation at a municipal airport, or other municipal air	158
navigation facility, that has scheduled operations, as defined in	159
section 119.3 of Title 14 of the Code of Federal Regulations, 14	160
C.F.R. 119.3, as amended, and that is required to be under a	161
security program and is governed by aviation security rules of the	162
transportation security administration of the United States	163
department of transportation as provided in Parts 1542. and 1544.	164
of Title 49 of the Code of Federal Regulations, as amended.	165

(12) "Privilege" means an immunity, license, or right	166
conferred by law, bestowed by express or implied grant, arising	167
out of status, position, office, or relationship, or growing out	168
of necessity.	169

(13) "Contraband" means any property that is illegal for a	170
person to acquire or possess under a statute, ordinance, or rule,	171
or that a trier of fact lawfully determines to be illegal to	172
possess by reason of the property's involvement in an offense.	173
"Contraband" includes, but is not limited to, all of the	174
following:	175

(a) Any controlled substance, as defined in section 3719.01	176
of the Revised Code, or any device or paraphernalia;	177

(b) Any unlawful gambling device or paraphernalia;

178

(c) Any dangerous ordnance or obscene material.

179

(14) A person is "not guilty by reason of insanity" relative	180
to a charge of an offense only if the person proves, in the manner	181
specified in section 2901.05 of the Revised Code, that at the time	182
of the commission of the offense, the person did not know, as a	183
result of a severe mental disease or defect, the wrongfulness of	184
the person's acts.	185

(B)(1)(a) Subject to division (B)(2) of this section, as used	186
in any section contained in Title XXIX of the Revised Code that	187
sets forth a criminal offense, "person" includes all of the	188
following:	189

(i) An individual, corporation, business trust, estate,	190
trust, partnership, and association;	191

(ii) An unborn human who is viable.

192

(b) As used in any section contained in Title XXIX of the	193
Revised Code that does not set forth a criminal offense, "person"	194
includes an individual, corporation, business trust, estate,	195
trust, partnership, and association.	196

(c) As used in division (B)(1)(a) of this section:

197

(i) "Unborn human" means an individual organism of the	198
species Homo sapiens from fertilization until live birth.	199

(ii) "Viable" means the stage of development of a human fetus	200
at which there is a realistic possibility of maintaining and	201
nourishing of a life outside the womb with or without temporary	202
artificial life-sustaining support.	203

(2) Notwithstanding division (B)(1)(a) of this section, in no	204
case shall the portion of the definition of the term "person" that	205
is set forth in division (B)(1)(a)(ii) of this section be applied	206
or construed in any section contained in Title XXIX of the Revised	207
Code that sets forth a criminal offense in any of the following	208
manners:	209

(a) Except as otherwise provided in division (B)(2)(a) of	210
this section, in a manner so that the offense prohibits or is	211
construed as prohibiting any pregnant woman or her physician from	212
performing an abortion with the consent of the pregnant woman,	213
with the consent of the pregnant woman implied by law in a medical	214
emergency, or with the approval of one otherwise authorized by law	215
to consent to medical treatment on behalf of the pregnant woman.	216
An abortion that violates the conditions described in the	217
immediately preceding sentence may be punished as a violation of	218
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	219
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	220
of the Revised Code, as applicable. An abortion that does not	221
violate the conditions described in the second immediately	222
preceding sentence, but that does violate section 2919.12,	223
division (B) of section 2919.13, or section 2919.151, 2919.17, or	224
2919.18 of the Revised Code, may be punished as a violation of	225
section 2919.12, division (B) of section 2919.13, or section	226
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	227
Consent is sufficient under this division if it is of the type	228
otherwise adequate to permit medical treatment to the pregnant	229
woman, even if it does not comply with section 2919.12 of the	230
Revised Code.	231

(b) In a manner so that the offense is applied or is	232
construed as applying to a woman based on an act or omission of	233
the woman that occurs while she is or was pregnant and that	234
results in any of the following:	235

(i) Her delivery of a stillborn baby;

236

(ii) Her causing, in any other manner, the death in utero of	237
a viable, unborn human that she is carrying;	238

(iii) Her causing the death of her child who is born alive	239
but who dies from one or more injuries that are sustained while	240
the child is a viable, unborn human;	241

(iv) Her causing her child who is born alive to sustain one	242
or more injuries while the child is a viable, unborn human;	243

(v) Her causing, threatening to cause, or attempting to	244
cause, in any other manner, an injury, illness, or other	245
physiological impairment, regardless of its duration or gravity,	246
or a mental illness or condition, regardless of its duration or	247
gravity, to a viable, unborn human that she is carrying.	248

(C) As used in Title XXIX of the Revised Code:

249

(1) "School safety zone" consists of a school, school	250
building, school premises, school activity, and school bus.	251

(2) "School," "school building," and "school premises" have	252
the same meanings as in section 2925.01 of the Revised Code.	253

(3) "School activity" means any activity held under the	254
auspices of a board of education of a city, local, exempted	255
village, joint vocational, or cooperative education school	256
district; a governing authority of a community school established	257
under Chapter 3314. of the Revised Code; a governing board of an	258
educational service center, or the governing body of a school for	259
which the state board of education prescribes minimum standards	260
under section 3301.07 of the Revised Code.	261

(4) "School bus" has the same meaning as in section 4511.01	262
of the Revised Code.	263

Sec. 2905.01.  (A) No person, by force, threat, or deception,	264
or, in the case of a victim under the age of thirteen or mentally	265
incompetent, by any means, shall remove another from the place	266
where the other person is found or restrain the liberty of the	267
other person, for any of the following purposes:	268

(1) To hold for ransom, or as a shield or hostage;

269

(2) To facilitate the commission of any felony or flight	270
thereafter;	271

(3) To terrorize, or to inflict serious physical harm on the	272
victim or another;	273

(4) To engage in sexual activity, as defined in section	274
2907.01 of the Revised Code, with the victim against the victim's	275
will;	276

(5) To hinder, impede, or obstruct a function of government,	277
or to force any action or concession on the part of governmental	278
authority;	279

(6) To hold in a condition of involuntary servitude.

280

(B) No person, by force, threat, or deception, or, in the	281
case of a victim under the age of thirteen or mentally	282
incompetent, by any means, shall knowingly do any of the	283
following, under circumstances that create a substantial risk of	284
serious physical harm to the victim or, in the case of a minor	285
victim, under circumstances that either create a substantial risk	286
of serious physical harm to the victim or cause physical harm to	287
the victim:	288

(1) Remove another from the place where the other person is	289
found;	290

(2) Restrain another of the other person's liberty;

291

(3) Hold another in a condition of involuntary servitude.

292

(C)(1) Whoever violates this section is guilty of kidnapping.	293
Except as otherwise provided in this division or division (C)(2)	294
or (3) of this section, kidnapping is a felony of the first	295
degree. Except as otherwise provided in this division or division	296
(C)(2) or (3) of this section, if thean offender who violates	297
division (A)(1) to (5), (B)(1), or (B)(2) of this section releases	298
the victim in a safe place unharmed, kidnapping is a felony of the	299
second degree.	300

(2) If the offender in any case also is convicted of or	301
pleads guilty to a specification as described in section 2941.1422	302
of the Revised Code that was included in the indictment, count in	303
the indictment, or information charging the offense, the court	304
shall order the offender to make restitution as provided in	305
division (B)(8) of section 2929.18 of the Revised Code and, except	306
as otherwise provided in division (C)(3) of this section, shall	307
sentence the offender to a mandatory prison term as provided in	308
division (D)(7) of section 2929.14 of the Revised Code.	309

(3) If the victim of the offense is less than thirteen years	310
of age and if the offender also is convicted of or pleads guilty	311
to a sexual motivation specification that was included in the	312
indictment, count in the indictment, or information charging the	313
offense, kidnapping is a felony of the first degree, and,	314
notwithstanding the definite sentence provided for a felony of the	315
first degree in section 2929.14 of the Revised Code, the offender	316
shall be sentenced pursuant to section 2971.03 of the Revised Code	317
as follows:	318

(a) Except as otherwise provided in division (C)(3)(b) of	319
this section, the offender shall be sentenced pursuant to that	320
section to an indefinite prison term consisting of a minimum term	321
of fifteen years and a maximum term of life imprisonment.	322

(b) If the offender releases the victim in a safe place	323
unharmed, the offender shall be sentenced pursuant to that section	324
to an indefinite term consisting of a minimum term of ten years	325
and a maximum term of life imprisonment.	326

(D) As used in this section, "sexual:

327

(1) "Involuntary servitude" has the same meaning as in	328
section 2905.31 of the Revised Code.	329

(2) "Sexual motivation specification" has the same meaning as	330
in section 2971.01 of the Revised Code.	331

Sec. 2905.02.  (A) No person, without privilege to do so,	332
shall knowingly do any of the following:	333

(1) By force or threat, remove another from the place where	334
the other person is found;	335

(2) By force or threat, restrain the liberty of another	336
person under circumstances that create a risk of physical harm to	337
the victim or place the other person in fear;	338

(3) Hold another in a condition of involuntary servitude.

339

(B) No person, with a sexual motivation, shall violate	340
division (A) of this section.	341

(C) Whoever violates this section is guilty of abduction,. A	342
violation of division (A)(1) or (2) of this section or a violation	343
of division (B) of this section involving conduct of the type	344
described in division (A)(1) or (2) of this section is a felony of	345
the third degree. A violation of division (A)(3) of this section	346
or a violation of division (B) of this section involving conduct	347
of the type described in division (A)(3) of this section is a	348
felony of the second degree. If the offender in any case also is	349
convicted of or pleads guilty to a specification as described in	350
section 2941.1422 of the Revised Code that was included in the	351
indictment, count in the indictment, or information charging the	352
offense, the court shall sentence the offender to a mandatory	353
prison term as provided in division (D)(7) of section 2929.14 of	354
the Revised Code and shall order the offender to make restitution	355
as provided in division (B)(8) of section 2929.18 of the Revised	356
Code.	357

(D) As used in this section, "sexual:

358

(1) "Involuntary servitude" has the same meaning as in	359
section 2905.31 of the Revised Code.	360

(2) "Sexual motivation" has the same meaning as in section	361
2971.01 of the Revised Code.	362

Sec. 2905.31.  As used in sections 2905.31 to 2905.33 of the	363
Revised Code:	364

(A) "Involuntary servitude" means being compelled to perform	365
labor or services for another against one's will.	366

(B) "Material that is obscene, sexually oriented, or nudity	367
oriented" and "performance that is obscene, sexually oriented, or	368
nudity oriented" have the same meanings as in section 2929.01 of	369
the Revised Code.	370

Sec. 2905.32. (A) No person shall knowingly recruit, lure,	371
entice, isolate, harbor, transport, provide, obtain, or maintain,	372
or knowingly attempt to recruit, lure, entice, isolate, harbor,	373
transport, provide, obtain, or maintain, another person knowing	374
that the person will be subjected to involuntary servitude or be	375
compelled to engage in sexual activity for hire, engage in a	376
performance that is obscene, sexually oriented, or nudity	377
oriented, or be a model or participant in the production of	378
material that is obscene, sexually oriented, or nudity oriented.	379

(B) For a prosecution under this section, the element	380
"compelled" does not require that the compulsion be openly	381
displayed or physically exerted. The element "compelled" has been	382
established if the state proves that the victim's will was	383
overcome by force, fear, duress, or intimidation.	384

(C) In a prosecution under this section, proof that the	385
defendant engaged in sexual activity with any person, or solicited	386
sexual activity with any person, whether or not for hire, without	387
more, does not constitute a violation of this section.	388

(D) A prosecution for a violation of this section does not	389
preclude a prosecution of a violation of any other section of the	390
Revised Code. One or more acts, a series of acts, or a course of	391
behavior that can be prosecuted under this section or any other	392
section of the Revised Code may be prosecuted under this section,	393
the other section of the Revised Code, or both sections. However,	394
if an offender is convicted of or pleads guilty to a violation of	395
this section and also is convicted of or pleads guilty to any	396
other offense based on the same conduct involving the same victim	397
that was the basis of the violation of this section, the two	398
offenses are allied offenses of similar import under section	399
2941.25 of the Revised Code.	400

(E) Whoever violates this section is guilty of trafficking in	401
persons, a felony of the second degree.	402

Sec. 2905.33. (A) No person, without privilege to do so,	403
shall knowingly destroy, conceal, remove, confiscate, or possess	404
any actual or purported government identification document or	405
passport of another person in the course of a violation of, with	406
intent to violate, or with intent to facilitate a violation of	407
section 2905.01, 2905.02, 2905.32, 2907.21, 2907.22, 2907.32,	408
2907.321, 2907.322, or 2907.323 of the Revised Code.	409

(B) Whoever violates this section is guilty of unlawful	410
conduct with respect to documents, a felony of the third degree.	411

Sec. 2907.21.  (A) No person shall knowingly do any of the	412
following:	413

(1) Compel another to engage in sexual activity for hire;

414

(2) Induce, procure, encourage, solicit, request, or	415
otherwise facilitate either of the following:	416

(a) A minor to engage in sexual activity for hire, whether or	417
not the offender knows the age of the minor;	418

(b) A person the offender believes to be a minor to engage in	419
sexual activity for hire, whether or not the person is a minor.	420

(3)(a) Pay or agree to pay a minor, either directly or	421
through the minor's agent, so that the minor will engage in sexual	422
activity, whether or not the offender knows the age of the minor;	423

(b) Pay or agree to pay a person the offender believes to be	424
a minor, either directly or through the person's agent, so that	425
the person will engage in sexual activity, whether or not the	426
person is a minor.	427

(4)(a) Pay a minor, either directly or through the minor's	428
agent, for the minor having engaged in sexual activity pursuant to	429
a prior agreement, whether or not the offender knows the age of	430
the minor;	431

(b) Pay a person the offender believes to be a minor, either	432
directly or through the person's agent, for the person having	433
engaged in sexual activity pursuant to a prior agreement, whether	434
or not the person is a minor.	435

(5)(a) Allow a minor to engage in sexual activity for hire if	436
the person allowing the child to engage in sexual activity for	437
hire is the parent, guardian, custodian, person having custody or	438
control, or person in loco parentis of the minor;	439

(b) Allow a person the offender believes to be a minor to	440
engage in sexual activity for hire if the person allowing the	441
person to engage in sexual activity for hire is the parent,	442
guardian, custodian, person having custody or control, or person	443
in loco parentis of the person the offender believes to be a	444
minor, whether or not the person is a minor.	445

(B) For a prosecution under division (A)(1) of this section,	446
the element "compel" does not require that the compulsion be	447
openly displayed or physically exerted. The element "compel" has	448
been established if the state proves that the victim's will was	449
overcome by force, fear, duress, or intimidation.	450

(C) Whoever violates this section is guilty of compelling	451
prostitution. Except as otherwise provided in this division,	452
compelling prostitution is a felony of the third degree. If the	453
offender commits a violation of division (A)(1) of this section	454
and the person compelled to engage in sexual activity for hire in	455
violation of that division is sixteen years of age or older but	456
less than sixteeneighteen years of age, compelling prostitution	457
is a felony of the second degree. If the offender commits a	458
violation of division (A)(1) of this section and the person	459
compelled to engage in sexual activity for hire in violation of	460
that division is less than sixteen years of age, compelling	461
prostitution is a felony of the first degree. If the offender in	462
any case also is convicted of or pleads guilty to a specification	463
as described in section 2941.1422 of the Revised Code that was	464
included in the indictment, count in the indictment, or	465
information charging the offense, the court shall sentence the	466
offender to a mandatory prison term as provided in division (D)(7)	467
of section 2929.14 of the Revised Code and shall order the	468
offender to make restitution as provided in division (B)(8) of	469
section 2929.18 of the Revised Code.	470

Sec. 2923.01.  (A) No person, with purpose to commit or to	471
promote or facilitate the commission of aggravated murder, murder,	472
kidnapping, abduction, compelling prostitution, promoting	473
prostitution, trafficking in persons, aggravated arson, arson,	474
aggravated robbery, robbery, aggravated burglary, burglary,	475
engaging in a pattern of corrupt activity, corrupting another with	476
drugs, a felony drug trafficking, manufacturing, processing, or	477
possession offense, theft of drugs, or illegal processing of drug	478
documents, the commission of a felony offense of unauthorized use	479
of a vehicle, illegally transmitting multiple commercial	480
electronic mail messages or unauthorized access of a computer in	481
violation of section 2923.421 of the Revised Code, or the	482
commission of a violation of any provision of Chapter 3734. of the	483
Revised Code, other than section 3734.18 of the Revised Code, that	484
relates to hazardous wastes, shall do either of the following:	485

(1) With another person or persons, plan or aid in planning	486
the commission of any of the specified offenses;	487

(2) Agree with another person or persons that one or more of	488
them will engage in conduct that facilitates the commission of any	489
of the specified offenses.	490

(B) No person shall be convicted of conspiracy unless a	491
substantial overt act in furtherance of the conspiracy is alleged	492
and proved to have been done by the accused or a person with whom	493
the accused conspired, subsequent to the accused's entrance into	494
the conspiracy. For purposes of this section, an overt act is	495
substantial when it is of a character that manifests a purpose on	496
the part of the actor that the object of the conspiracy should be	497
completed.	498

(C) When the offender knows or has reasonable cause to	499
believe that a person with whom the offender conspires also has	500
conspired or is conspiring with another to commit the same	501
offense, the offender is guilty of conspiring with that other	502
person, even though the other person's identity may be unknown to	503
the offender.	504

(D) It is no defense to a charge under this section that, in	505
retrospect, commission of the offense that was the object of the	506
conspiracy was impossible under the circumstances.	507

(E) A conspiracy terminates when the offense or offenses that	508
are its objects are committed or when it is abandoned by all	509
conspirators. In the absence of abandonment, it is no defense to a	510
charge under this section that no offense that was the object of	511
the conspiracy was committed.	512

(F) A person who conspires to commit more than one offense is	513
guilty of only one conspiracy, when the offenses are the object of	514
the same agreement or continuous conspiratorial relationship.	515

(G) When a person is convicted of committing or attempting to	516
commit a specific offense or of complicity in the commission of or	517
attempt to commit the specific offense, the person shall not be	518
convicted of conspiracy involving the same offense.	519

(H)(1) No person shall be convicted of conspiracy upon the	520
testimony of a person with whom the defendant conspired,	521
unsupported by other evidence.	522

(2) If a person with whom the defendant allegedly has	523
conspired testifies against the defendant in a case in which the	524
defendant is charged with conspiracy and if the testimony is	525
supported by other evidence, the court, when it charges the jury,	526
shall state substantially the following:	527

"The testimony of an accomplice that is supported by other	528
evidence does not become inadmissible because of the accomplice's	529
complicity, moral turpitude, or self-interest, but the admitted or	530
claimed complicity of a witness may affect the witness'	531
credibility and make the witness' testimony subject to grave	532
suspicion, and require that it be weighed with great caution.	533

It is for you, as jurors, in the light of all the facts	534
presented to you from the witness stand, to evaluate such	535
testimony and to determine its quality and worth or its lack of	536
quality and worth."	537

(3) "Conspiracy," as used in division (H)(1) of this section,	538
does not include any conspiracy that results in an attempt to	539
commit an offense or in the commission of an offense.	540

(I) The following are affirmative defenses to a charge of	541
conspiracy:	542

(1) After conspiring to commit an offense, the actor thwarted	543
the success of the conspiracy under circumstances manifesting a	544
complete and voluntary renunciation of the actor's criminal	545
purpose.	546

(2) After conspiring to commit an offense, the actor	547
abandoned the conspiracy prior to the commission of or attempt to	548
commit any offense that was the object of the conspiracy, either	549
by advising all other conspirators of the actor's abandonment, or	550
by informing any law enforcement authority of the existence of the	551
conspiracy and of the actor's participation in the conspiracy.	552

(J) Whoever violates this section is guilty of conspiracy,	553
which is one of the following:	554

(1) A felony of the first degree, when one of the objects of	555
the conspiracy is aggravated murder, murder, or an offense for	556
which the maximum penalty is imprisonment for life;	557

(2) A felony of the next lesser degree than the most serious	558
offense that is the object of the conspiracy, when the most	559
serious offense that is the object of the conspiracy is a felony	560
of the first, second, third, or fourth degree;	561

(3) A felony punishable by a fine of not more than	562
twenty-five thousand dollars or imprisonment for not more than	563
eighteen months, or both, when the offense that is the object of	564
the conspiracy is a violation of any provision of Chapter 3734. of	565
the Revised Code, other than section 3734.18 of the Revised Code,	566
that relates to hazardous wastes;	567

(4) A misdemeanor of the first degree, when the most serious	568
offense that is the object of the conspiracy is a felony of the	569
fifth degree.	570

(K) This section does not define a separate conspiracy	571
offense or penalty where conspiracy is defined as an offense by	572
one or more sections of the Revised Code, other than this section.	573
In such a case, however:	574

(1) With respect to the offense specified as the object of	575
the conspiracy in the other section or sections, division (A) of	576
this section defines the voluntary act or acts and culpable mental	577
state necessary to constitute the conspiracy;	578

(2) Divisions (B) to (I) of this section are incorporated by	579
reference in the conspiracy offense defined by the other section	580
or sections of the Revised Code.	581

(L)(1) In addition to the penalties that otherwise are	582
imposed for conspiracy, a person who is found guilty of conspiracy	583
to engage in a pattern of corrupt activity is subject to divisions	584
(B)(2) and (3) of section 2923.32, division (A) of section	585
2981.04, and division (D) of section 2981.06 of the Revised Code.	586

(2) If a person is convicted of or pleads guilty to	587
conspiracy and if the most serious offense that is the object of	588
the conspiracy is a felony drug trafficking, manufacturing,	589
processing, or possession offense, in addition to the penalties or	590
sanctions that may be imposed for the conspiracy under division	591
(J)(2) or (4) of this section and Chapter 2929. of the Revised	592
Code, both of the following apply:	593

(a) The provisions of divisions (D), (F), and (G) of section	594
2925.03, division (D) of section 2925.04, division (D) of section	595
2925.05, division (D) of section 2925.06, and division (E) of	596
section 2925.11 of the Revised Code that pertain to mandatory and	597
additional fines, driver's or commercial driver's license or	598
permit suspensions, and professionally licensed persons and that	599
would apply under the appropriate provisions of those divisions to	600
a person who is convicted of or pleads guilty to the felony drug	601
trafficking, manufacturing, processing, or possession offense that	602
is the most serious offense that is the basis of the conspiracy	603
shall apply to the person who is convicted of or pleads guilty to	604
the conspiracy as if the person had been convicted of or pleaded	605
guilty to the felony drug trafficking, manufacturing, processing,	606
or possession offense that is the most serious offense that is the	607
basis of the conspiracy.	608

(b) The court that imposes sentence upon the person who is	609
convicted of or pleads guilty to the conspiracy shall comply with	610
the provisions identified as being applicable under division	611
(L)(2) of this section, in addition to any other penalty or	612
sanction that it imposes for the conspiracy under division (J)(2)	613
or (4) of this section and Chapter 2929. of the Revised Code.	614

(M) As used in this section:

615

(1) "Felony drug trafficking, manufacturing, processing, or	616
possession offense" means any of the following that is a felony:	617

(a) A violation of section 2925.03, 2925.04, 2925.05, or	618
2925.06 of the Revised Code;	619

(b) A violation of section 2925.11 of the Revised Code that	620
is not a minor drug possession offense.	621

(2) "Minor drug possession offense" has the same meaning as	622
in section 2925.01 of the Revised Code.	623

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	624
Revised Code:	625

(A) "Beneficial interest" means any of the following:

626

(1) The interest of a person as a beneficiary under a trust	627
in which the trustee holds title to personal or real property;	628

(2) The interest of a person as a beneficiary under any other	629
trust arrangement under which any other person holds title to	630
personal or real property for the benefit of such person;	631

(3) The interest of a person under any other form of express	632
fiduciary arrangement under which any other person holds title to	633
personal or real property for the benefit of such person.	634

"Beneficial interest" does not include the interest of a	635
stockholder in a corporation or the interest of a partner in	636
either a general or limited partnership.	637

(B) "Costs of investigation and prosecution" and "costs of	638
investigation and litigation" mean all of the costs incurred by	639
the state or a county or municipal corporation under sections	640
2923.31 to 2923.36 of the Revised Code in the prosecution and	641
investigation of any criminal action or in the litigation and	642
investigation of any civil action, and includes, but is not	643
limited to, the costs of resources and personnel.	644

(C) "Enterprise" includes any individual, sole	645
proprietorship, partnership, limited partnership, corporation,	646
trust, union, government agency, or other legal entity, or any	647
organization, association, or group of persons associated in fact	648
although not a legal entity. "Enterprise" includes illicit as well	649
as licit enterprises.	650

(D) "Innocent person" includes any bona fide purchaser of	651
property that is allegedly involved in a violation of section	652
2923.32 of the Revised Code, including any person who establishes	653
a valid claim to or interest in the property in accordance with	654
division (E) of section 2981.04 of the Revised Code, and any	655
victim of an alleged violation of that section or of any	656
underlying offense involved in an alleged violation of that	657
section.	658

(E) "Pattern of corrupt activity" means two or more incidents	659
of corrupt activity, whether or not there has been a prior	660
conviction, that are related to the affairs of the same	661
enterprise, are not isolated, and are not so closely related to	662
each other and connected in time and place that they constitute a	663
single event.	664

At least one of the incidents forming the pattern shall occur	665
on or after January 1, 1986. Unless any incident was an aggravated	666
murder or murder, the last of the incidents forming the pattern	667
shall occur within six years after the commission of any prior	668
incident forming the pattern, excluding any period of imprisonment	669
served by any person engaging in the corrupt activity.	670

For the purposes of the criminal penalties that may be	671
imposed pursuant to section 2923.32 of the Revised Code, at least	672
one of the incidents forming the pattern shall constitute a felony	673
under the laws of this state in existence at the time it was	674
committed or, if committed in violation of the laws of the United	675
States or of any other state, shall constitute a felony under the	676
law of the United States or the other state and would be a	677
criminal offense under the law of this state if committed in this	678
state.	679

(F) "Pecuniary value" means money, a negotiable instrument, a	680
commercial interest, or anything of value, as defined in section	681
1.03 of the Revised Code, or any other property or service that	682
has a value in excess of one hundred dollars.	683

(G) "Person" means any person, as defined in section 1.59 of	684
the Revised Code, and any governmental officer, employee, or	685
entity.	686

(H) "Personal property" means any personal property, any	687
interest in personal property, or any right, including, but not	688
limited to, bank accounts, debts, corporate stocks, patents, or	689
copyrights. Personal property and any beneficial interest in	690
personal property are deemed to be located where the trustee of	691
the property, the personal property, or the instrument evidencing	692
the right is located.	693

(I) "Corrupt activity" means engaging in, attempting to	694
engage in, conspiring to engage in, or soliciting, coercing, or	695
intimidating another person to engage in any of the following:	696

(1) Conduct defined as "racketeering activity" under the	697
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	698
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	699

(2) Conduct constituting any of the following:

700

(a) A violation of section 1315.55, 1322.02, 2903.01,	701
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	702
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	703
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	704
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	705
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	706
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	707
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	708
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	709
section 1707.44; division (A)(1) or (2) of section 2923.20;	710
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	711
4719.06; division (C), (D), or (E) of section 4719.07; section	712
4719.08; or division (A) of section 4719.09 of the Revised Code.	713

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	714
3769.19 of the Revised Code as it existed prior to July 1, 1996,	715
any violation of section 2915.02 of the Revised Code that occurs	716
on or after July 1, 1996, and that, had it occurred prior to that	717
date, would have been a violation of section 3769.11 of the	718
Revised Code as it existed prior to that date, or any violation of	719
section 2915.05 of the Revised Code that occurs on or after July	720
1, 1996, and that, had it occurred prior to that date, would have	721
been a violation of section 3769.15, 3769.16, or 3769.19 of the	722
Revised Code as it existed prior to that date.	723

(c) Any violation of section 2907.21, 2907.22, 2907.31,	724
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	725
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	726
of the Revised Code, any violation of section 2925.11 of the	727
Revised Code that is a felony of the first, second, third, or	728
fourth degree and that occurs on or after July 1, 1996, any	729
violation of section 2915.02 of the Revised Code that occurred	730
prior to July 1, 1996, any violation of section 2915.02 of the	731
Revised Code that occurs on or after July 1, 1996, and that, had	732
it occurred prior to that date, would not have been a violation of	733
section 3769.11 of the Revised Code as it existed prior to that	734
date, any violation of section 2915.06 of the Revised Code as it	735
existed prior to July 1, 1996, or any violation of division (B) of	736
section 2915.05 of the Revised Code as it exists on and after July	737
1, 1996, when the proceeds of the violation, the payments made in	738
the violation, the amount of a claim for payment or for any other	739
benefit that is false or deceptive and that is involved in the	740
violation, or the value of the contraband or other property	741
illegally possessed, sold, or purchased in the violation exceeds	742
five hundred dollars, or any combination of violations described	743
in division (I)(2)(c) of this section when the total proceeds of	744
the combination of violations, payments made in the combination of	745
violations, amount of the claims for payment or for other benefits	746
that is false or deceptive and that is involved in the combination	747
of violations, or value of the contraband or other property	748
illegally possessed, sold, or purchased in the combination of	749
violations exceeds five hundred dollars;	750

(d) Any violation of section 5743.112 of the Revised Code	751
when the amount of unpaid tax exceeds one hundred dollars;	752

(e) Any violation or combination of violations of section	753
2907.32 of the Revised Code involving any material or performance	754
containing a display of bestiality or of sexual conduct, as	755
defined in section 2907.01 of the Revised Code, that is explicit	756
and depicted with clearly visible penetration of the genitals or	757
clearly visible penetration by the penis of any orifice when the	758
total proceeds of the violation or combination of violations, the	759
payments made in the violation or combination of violations, or	760
the value of the contraband or other property illegally possessed,	761
sold, or purchased in the violation or combination of violations	762
exceeds five hundred dollars;	763

(f) Any combination of violations described in division	764
(I)(2)(c) of this section and violations of section 2907.32 of the	765
Revised Code involving any material or performance containing a	766
display of bestiality or of sexual conduct, as defined in section	767
2907.01 of the Revised Code, that is explicit and depicted with	768
clearly visible penetration of the genitals or clearly visible	769
penetration by the penis of any orifice when the total proceeds of	770
the combination of violations, payments made in the combination of	771
violations, amount of the claims for payment or for other benefits	772
that is false or deceptive and that is involved in the combination	773
of violations, or value of the contraband or other property	774
illegally possessed, sold, or purchased in the combination of	775
violations exceeds five hundred dollars;	776

(g) Any violation of section 2905.32 of the Revised Code to	777
the extent the violation is not based solely on the same conduct	778
that constitutes corrupt activity pursuant to division (I)(2)(c)	779
of this section due to the conduct being in violation of section	780
2907.21 of the Revised Code.	781

(3) Conduct constituting a violation of any law of any state	782
other than this state that is substantially similar to the conduct	783
described in division (I)(2) of this section, provided the	784
defendant was convicted of the conduct in a criminal proceeding in	785
the other state;	786

(4) Animal or ecological terrorism;

787

(5)(a) Conduct constituting any of the following:

788

(i) Organized retail theft;

789

(ii) Conduct that constitutes one or more violations of any	790
law of any state other than this state, that is substantially	791
similar to organized retail theft, and that if committed in this	792
state would be organized retail theft, if the defendant was	793
convicted of or pleaded guilty to the conduct in a criminal	794
proceeding in the other state.	795

(b) By enacting division (I)(5)(a) of this section, it is the	796
intent of the general assembly to add organized retail theft and	797
the conduct described in division (I)(5)(a)(ii) of this section as	798
conduct constituting corrupt activity. The enactment of division	799
(I)(5)(a) of this section and the addition by division (I)(5)(a)	800
of this section of organized retail theft and the conduct	801
described in division (I)(5)(a)(ii) of this section as conduct	802
constituting corrupt activity does not limit or preclude, and	803
shall not be construed as limiting or precluding, any prosecution	804
for a violation of section 2923.32 of the Revised Code that is	805
based on one or more violations of section 2913.02 or 2913.51 of	806
the Revised Code, one or more similar offenses under the laws of	807
this state or any other state, or any combination of any of those	808
violations or similar offenses, even though the conduct	809
constituting the basis for those violations or offenses could be	810
construed as also constituting organized retail theft or conduct	811
of the type described in division (I)(5)(a)(ii) of this section.	812

(J) "Real property" means any real property or any interest	813
in real property, including, but not limited to, any lease of, or	814
mortgage upon, real property. Real property and any beneficial	815
interest in it is deemed to be located where the real property is	816
located.	817

(K) "Trustee" means any of the following:

818

(1) Any person acting as trustee under a trust in which the	819
trustee holds title to personal or real property;	820

(2) Any person who holds title to personal or real property	821
for which any other person has a beneficial interest;	822

(3) Any successor trustee.

823

"Trustee" does not include an assignee or trustee for an	824
insolvent debtor or an executor, administrator, administrator with	825
the will annexed, testamentary trustee, guardian, or committee,	826
appointed by, under the control of, or accountable to a court.	827

(L) "Unlawful debt" means any money or other thing of value	828
constituting principal or interest of a debt that is legally	829
unenforceable in this state in whole or in part because the debt	830
was incurred or contracted in violation of any federal or state	831
law relating to the business of gambling activity or relating to	832
the business of lending money at an usurious rate unless the	833
creditor proves, by a preponderance of the evidence, that the	834
usurious rate was not intentionally set and that it resulted from	835
a good faith error by the creditor, notwithstanding the	836
maintenance of procedures that were adopted by the creditor to	837
avoid an error of that nature.	838

(M) "Animal activity" means any activity that involves the	839
use of animals or animal parts, including, but not limited to,	840
hunting, fishing, trapping, traveling, camping, the production,	841
preparation, or processing of food or food products, clothing or	842
garment manufacturing, medical research, other research,	843
entertainment, recreation, agriculture, biotechnology, or service	844
activity that involves the use of animals or animal parts.	845

(N) "Animal facility" means a vehicle, building, structure,	846
nature preserve, or other premises in which an animal is lawfully	847
kept, handled, housed, exhibited, bred, or offered for sale,	848
including, but not limited to, a zoo, rodeo, circus, amusement	849
park, hunting preserve, or premises in which a horse or dog event	850
is held.	851

(O) "Animal or ecological terrorism" means the commission of	852
any felony that involves causing or creating a substantial risk of	853
physical harm to any property of another, the use of a deadly	854
weapon or dangerous ordnance, or purposely, knowingly, or	855
recklessly causing serious physical harm to property and that	856
involves an intent to obstruct, impede, or deter any person from	857
participating in a lawful animal activity, from mining, foresting,	858
harvesting, gathering, or processing natural resources, or from	859
being lawfully present in or on an animal facility or research	860
facility.	861

(P) "Research facility" means a place, laboratory,	862
institution, medical care facility, government facility, or public	863
or private educational institution in which a scientific test,	864
experiment, or investigation involving the use of animals or other	865
living organisms is lawfully carried out, conducted, or attempted.	866

(Q) "Organized retail theft" means the theft of retail	867
property with a retail value of five hundred dollars or more from	868
one or more retail establishments with the intent to sell,	869
deliver, or transfer that property to a retail property fence.	870

(R) "Retail property" means any tangible personal property	871
displayed, held, stored, or offered for sale in or by a retail	872
establishment.	873

(S) "Retail property fence" means a person who possesses,	874
procures, receives, or conceals retail property that was	875
represented to the person as being stolen or that the person knows	876
or believes to be stolen.	877

(T) "Retail value" means the full retail value of the retail	878
property. In determining whether the retail value of retail	879
property equals or exceeds five hundred dollars, the value of all	880
retail property stolen from the retail establishment or retail	881
establishments by the same person or persons within any	882
one-hundred-eighty-day period shall be aggregated.	883

Sec. 2929.01.  As used in this chapter:

884

(A)(1) "Alternative residential facility" means, subject to	885
division (A)(2) of this section, any facility other than an	886
offender's home or residence in which an offender is assigned to	887
live and that satisfies all of the following criteria:	888

(a) It provides programs through which the offender may seek	889
or maintain employment or may receive education, training,	890
treatment, or habilitation.	891

(b) It has received the appropriate license or certificate	892
for any specialized education, training, treatment, habilitation,	893
or other service that it provides from the government agency that	894
is responsible for licensing or certifying that type of education,	895
training, treatment, habilitation, or service.	896

(2) "Alternative residential facility" does not include a	897
community-based correctional facility, jail, halfway house, or	898
prison.	899

(B) "Basic probation supervision" means a requirement that	900
the offender maintain contact with a person appointed to supervise	901
the offender in accordance with sanctions imposed by the court or	902
imposed by the parole board pursuant to section 2967.28 of the	903
Revised Code. "Basic probation supervision" includes basic parole	904
supervision and basic post-release control supervision.	905

(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	906
"unit dose" have the same meanings as in section 2925.01 of the	907
Revised Code.	908

(D) "Community-based correctional facility" means a	909
community-based correctional facility and program or district	910
community-based correctional facility and program developed	911
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	912

(E) "Community control sanction" means a sanction that is not	913
a prison term and that is described in section 2929.15, 2929.16,	914
2929.17, or 2929.18 of the Revised Code or a sanction that is not	915
a jail term and that is described in section 2929.26, 2929.27, or	916
2929.28 of the Revised Code. "Community control sanction" includes	917
probation if the sentence involved was imposed for a felony that	918
was committed prior to July 1, 1996, or if the sentence involved	919
was imposed for a misdemeanor that was committed prior to January	920
1, 2004.	921

(F) "Controlled substance," "marihuana," "schedule I," and	922
"schedule II" have the same meanings as in section 3719.01 of the	923
Revised Code.	924

(G) "Curfew" means a requirement that an offender during a	925
specified period of time be at a designated place.	926

(H) "Day reporting" means a sanction pursuant to which an	927
offender is required each day to report to and leave a center or	928
other approved reporting location at specified times in order to	929
participate in work, education or training, treatment, and other	930
approved programs at the center or outside the center.	931

(I) "Deadly weapon" has the same meaning as in section	932
2923.11 of the Revised Code.	933

(J) "Drug and alcohol use monitoring" means a program under	934
which an offender agrees to submit to random chemical analysis of	935
the offender's blood, breath, or urine to determine whether the	936
offender has ingested any alcohol or other drugs.	937

(K) "Drug treatment program" means any program under which a	938
person undergoes assessment and treatment designed to reduce or	939
completely eliminate the person's physical or emotional reliance	940
upon alcohol, another drug, or alcohol and another drug and under	941
which the person may be required to receive assessment and	942
treatment on an outpatient basis or may be required to reside at a	943
facility other than the person's home or residence while	944
undergoing assessment and treatment.	945

(L) "Economic loss" means any economic detriment suffered by	946
a victim as a direct and proximate result of the commission of an	947
offense and includes any loss of income due to lost time at work	948
because of any injury caused to the victim, and any property loss,	949
medical cost, or funeral expense incurred as a result of the	950
commission of the offense. "Economic loss" does not include	951
non-economic loss or any punitive or exemplary damages.	952

(M) "Education or training" includes study at, or in	953
conjunction with a program offered by, a university, college, or	954
technical college or vocational study and also includes the	955
completion of primary school, secondary school, and literacy	956
curricula or their equivalent.	957

(N) "Firearm" has the same meaning as in section 2923.11 of	958
the Revised Code.	959

(O) "Halfway house" means a facility licensed by the division	960
of parole and community services of the department of	961
rehabilitation and correction pursuant to section 2967.14 of the	962
Revised Code as a suitable facility for the care and treatment of	963
adult offenders.	964

(P) "House arrest" means a period of confinement of an	965
offender that is in the offender's home or in other premises	966
specified by the sentencing court or by the parole board pursuant	967
to section 2967.28 of the Revised Code and during which all of the	968
following apply:	969

(1) The offender is required to remain in the offender's home	970
or other specified premises for the specified period of	971
confinement, except for periods of time during which the offender	972
is at the offender's place of employment or at other premises as	973
authorized by the sentencing court or by the parole board.	974

(2) The offender is required to report periodically to a	975
person designated by the court or parole board.	976

(3) The offender is subject to any other restrictions and	977
requirements that may be imposed by the sentencing court or by the	978
parole board.	979

(Q) "Intensive probation supervision" means a requirement	980
that an offender maintain frequent contact with a person appointed	981
by the court, or by the parole board pursuant to section 2967.28	982
of the Revised Code, to supervise the offender while the offender	983
is seeking or maintaining necessary employment and participating	984
in training, education, and treatment programs as required in the	985
court's or parole board's order. "Intensive probation supervision"	986
includes intensive parole supervision and intensive post-release	987
control supervision.	988

(R) "Jail" means a jail, workhouse, minimum security jail, or	989
other residential facility used for the confinement of alleged or	990
convicted offenders that is operated by a political subdivision or	991
a combination of political subdivisions of this state.	992

(S) "Jail term" means the term in a jail that a sentencing	993
court imposes or is authorized to impose pursuant to section	994
2929.24 or 2929.25 of the Revised Code or pursuant to any other	995
provision of the Revised Code that authorizes a term in a jail for	996
a misdemeanor conviction.	997

(T) "Mandatory jail term" means the term in a jail that a	998
sentencing court is required to impose pursuant to division (G) of	999
section 1547.99 of the Revised Code, division (E) of section	1000
2903.06 or division (D) of section 2903.08 of the Revised Code,	1001
division (E) or (G) of section 2929.24 of the Revised Code,	1002
division (B) of section 4510.14 of the Revised Code, or division	1003
(G) of section 4511.19 of the Revised Code or pursuant to any	1004
other provision of the Revised Code that requires a term in a jail	1005
for a misdemeanor conviction.	1006

(U) "Delinquent child" has the same meaning as in section	1007
2152.02 of the Revised Code.	1008

(V) "License violation report" means a report that is made by	1009
a sentencing court, or by the parole board pursuant to section	1010
2967.28 of the Revised Code, to the regulatory or licensing board	1011
or agency that issued an offender a professional license or a	1012
license or permit to do business in this state and that specifies	1013
that the offender has been convicted of or pleaded guilty to an	1014
offense that may violate the conditions under which the offender's	1015
professional license or license or permit to do business in this	1016
state was granted or an offense for which the offender's	1017
professional license or license or permit to do business in this	1018
state may be revoked or suspended.	1019

(W) "Major drug offender" means an offender who is convicted	1020
of or pleads guilty to the possession of, sale of, or offer to	1021
sell any drug, compound, mixture, preparation, or substance that	1022
consists of or contains at least one thousand grams of hashish; at	1023
least one hundred grams of crack cocaine; at least one thousand	1024
grams of cocaine that is not crack cocaine; at least two thousand	1025
five hundred unit doses or two hundred fifty grams of heroin; at	1026
least five thousand unit doses of L.S.D. or five hundred grams of	1027
L.S.D. in a liquid concentrate, liquid extract, or liquid	1028
distillate form; or at least one hundred times the amount of any	1029
other schedule I or II controlled substance other than marihuana	1030
that is necessary to commit a felony of the third degree pursuant	1031
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	1032
Code that is based on the possession of, sale of, or offer to sell	1033
the controlled substance.	1034

(X) "Mandatory prison term" means any of the following:

1035

(1) Subject to division (X)(2) of this section, the term in	1036
prison that must be imposed for the offenses or circumstances set	1037
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	1038
2929.13 and division (D) of section 2929.14 of the Revised Code.	1039
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1040
and 2925.11 of the Revised Code, unless the maximum or another	1041
specific term is required under section 2929.14 or 2929.142 of the	1042
Revised Code, a mandatory prison term described in this division	1043
may be any prison term authorized for the level of offense.	1044

(2) The term of sixty or one hundred twenty days in prison	1045
that a sentencing court is required to impose for a third or	1046
fourth degree felony OVI offense pursuant to division (G)(2) of	1047
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1048
of the Revised Code or the term of one, two, three, four, or five	1049
years in prison that a sentencing court is required to impose	1050
pursuant to division (G)(2) of section 2929.13 of the Revised	1051
Code.	1052

(3) The term in prison imposed pursuant to division (A) of	1053
section 2971.03 of the Revised Code for the offenses and in the	1054
circumstances described in division (F)(11) of section 2929.13 of	1055
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1056
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1057
2971.03 of the Revised Code and that term as modified or	1058
terminated pursuant to section 2971.05 of the Revised Code.	1059

(Y) "Monitored time" means a period of time during which an	1060
offender continues to be under the control of the sentencing court	1061
or parole board, subject to no conditions other than leading a	1062
law-abiding life.	1063

(Z) "Offender" means a person who, in this state, is	1064
convicted of or pleads guilty to a felony or a misdemeanor.	1065

(AA) "Prison" means a residential facility used for the	1066
confinement of convicted felony offenders that is under the	1067
control of the department of rehabilitation and correction but	1068
does not include a violation sanction center operated under	1069
authority of section 2967.141 of the Revised Code.	1070

(BB) "Prison term" includes either of the following sanctions	1071
for an offender:	1072

(1) A stated prison term;

1073

(2) A term in a prison shortened by, or with the approval of,	1074
the sentencing court pursuant to section 2929.20, 2967.26,	1075
5120.031, 5120.032, or 5120.073 of the Revised Code.	1076

(CC) "Repeat violent offender" means a person about whom both	1077
of the following apply:	1078

(1) The person is being sentenced for committing or for	1079
complicity in committing any of the following:	1080

(a) Aggravated murder, murder, any felony of the first or	1081
second degree that is an offense of violence, or an attempt to	1082
commit any of these offenses if the attempt is a felony of the	1083
first or second degree;	1084

(b) An offense under an existing or former law of this state,	1085
another state, or the United States that is or was substantially	1086
equivalent to an offense described in division (CC)(1)(a) of this	1087
section.	1088

(2) The person previously was convicted of or pleaded guilty	1089
to an offense described in division (CC)(1)(a) or (b) of this	1090
section.	1091

(DD) "Sanction" means any penalty imposed upon an offender	1092
who is convicted of or pleads guilty to an offense, as punishment	1093
for the offense. "Sanction" includes any sanction imposed pursuant	1094
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1095
2929.28 of the Revised Code.	1096

(EE) "Sentence" means the sanction or combination of	1097
sanctions imposed by the sentencing court on an offender who is	1098
convicted of or pleads guilty to an offense.	1099

(FF) "Stated prison term" means the prison term, mandatory	1100
prison term, or combination of all prison terms and mandatory	1101
prison terms imposed by the sentencing court pursuant to section	1102
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1103
2919.25 of the Revised Code. "Stated prison term" includes any	1104
credit received by the offender for time spent in jail awaiting	1105
trial, sentencing, or transfer to prison for the offense and any	1106
time spent under house arrest or house arrest with electronic	1107
monitoring imposed after earning credits pursuant to section	1108
2967.193 of the Revised Code.	1109

(GG) "Victim-offender mediation" means a reconciliation or	1110
mediation program that involves an offender and the victim of the	1111
offense committed by the offender and that includes a meeting in	1112
which the offender and the victim may discuss the offense, discuss	1113
restitution, and consider other sanctions for the offense.	1114

(HH) "Fourth degree felony OVI offense" means a violation of	1115
division (A) of section 4511.19 of the Revised Code that, under	1116
division (G) of that section, is a felony of the fourth degree.	1117

(II) "Mandatory term of local incarceration" means the term	1118
of sixty or one hundred twenty days in a jail, a community-based	1119
correctional facility, a halfway house, or an alternative	1120
residential facility that a sentencing court may impose upon a	1121
person who is convicted of or pleads guilty to a fourth degree	1122
felony OVI offense pursuant to division (G)(1) of section 2929.13	1123
of the Revised Code and division (G)(1)(d) or (e) of section	1124
4511.19 of the Revised Code.	1125

(JJ) "Designated homicide, assault, or kidnapping offense,"	1126
"violent sex offense," "sexual motivation specification,"	1127
"sexually violent offense," "sexually violent predator," and	1128
"sexually violent predator specification" have the same meanings	1129
as in section 2971.01 of the Revised Code.	1130

(KK) "Sexually oriented offense," "child-victim oriented	1131
offense," and "tier III sex offender/child-victim offender," have	1132
the same meanings as in section 2950.01 of the Revised Code.	1133

(LL) An offense is "committed in the vicinity of a child" if	1134
the offender commits the offense within thirty feet of or within	1135
the same residential unit as a child who is under eighteen years	1136
of age, regardless of whether the offender knows the age of the	1137
child or whether the offender knows the offense is being committed	1138
within thirty feet of or within the same residential unit as the	1139
child and regardless of whether the child actually views the	1140
commission of the offense.	1141

(MM) "Family or household member" has the same meaning as in	1142
section 2919.25 of the Revised Code.	1143

(NN) "Motor vehicle" and "manufactured home" have the same	1144
meanings as in section 4501.01 of the Revised Code.	1145

(OO) "Detention" and "detention facility" have the same	1146
meanings as in section 2921.01 of the Revised Code.	1147

(PP) "Third degree felony OVI offense" means a violation of	1148
division (A) of section 4511.19 of the Revised Code that, under	1149
division (G) of that section, is a felony of the third degree.	1150

(QQ) "Random drug testing" has the same meaning as in section	1151
5120.63 of the Revised Code.	1152

(RR) "Felony sex offense" has the same meaning as in section	1153
2967.28 of the Revised Code.	1154

(SS) "Body armor" has the same meaning as in section	1155
2941.1411 of the Revised Code.	1156

(TT) "Electronic monitoring" means monitoring through the use	1157
of an electronic monitoring device.	1158

(UU) "Electronic monitoring device" means any of the	1159
following:	1160

(1) Any device that can be operated by electrical or battery	1161
power and that conforms with all of the following:	1162

(a) The device has a transmitter that can be attached to a	1163
person, that will transmit a specified signal to a receiver of the	1164
type described in division (UU)(1)(b) of this section if the	1165
transmitter is removed from the person, turned off, or altered in	1166
any manner without prior court approval in relation to electronic	1167
monitoring or without prior approval of the department of	1168
rehabilitation and correction in relation to the use of an	1169
electronic monitoring device for an inmate on transitional control	1170
or otherwise is tampered with, that can transmit continuously and	1171
periodically a signal to that receiver when the person is within a	1172
specified distance from the receiver, and that can transmit an	1173
appropriate signal to that receiver if the person to whom it is	1174
attached travels a specified distance from that receiver.	1175

(b) The device has a receiver that can receive continuously	1176
the signals transmitted by a transmitter of the type described in	1177
division (UU)(1)(a) of this section, can transmit continuously	1178
those signals by a wireless or landline telephone connection to a	1179
central monitoring computer of the type described in division	1180
(UU)(1)(c) of this section, and can transmit continuously an	1181
appropriate signal to that central monitoring computer if the	1182
device has been turned off or altered without prior court approval	1183
or otherwise tampered with. The device is designed specifically	1184
for use in electronic monitoring, is not a converted wireless	1185
phone or another tracking device that is clearly not designed for	1186
electronic monitoring, and provides a means of text-based or voice	1187
communication with the person.	1188

(c) The device has a central monitoring computer that can	1189
receive continuously the signals transmitted by a wireless or	1190
landline telephone connection by a receiver of the type described	1191
in division (UU)(1)(b) of this section and can monitor	1192
continuously the person to whom an electronic monitoring device of	1193
the type described in division (UU)(1)(a) of this section is	1194
attached.	1195

(2) Any device that is not a device of the type described in	1196
division (UU)(1) of this section and that conforms with all of the	1197
following:	1198

(a) The device includes a transmitter and receiver that can	1199
monitor and determine the location of a subject person at any	1200
time, or at a designated point in time, through the use of a	1201
central monitoring computer or through other electronic means.	1202

(b) The device includes a transmitter and receiver that can	1203
determine at any time, or at a designated point in time, through	1204
the use of a central monitoring computer or other electronic means	1205
the fact that the transmitter is turned off or altered in any	1206
manner without prior approval of the court in relation to the	1207
electronic monitoring or without prior approval of the department	1208
of rehabilitation and correction in relation to the use of an	1209
electronic monitoring device for an inmate on transitional control	1210
or otherwise is tampered with.	1211

(3) Any type of technology that can adequately track or	1212
determine the location of a subject person at any time and that is	1213
approved by the director of rehabilitation and correction,	1214
including, but not limited to, any satellite technology, voice	1215
tracking system, or retinal scanning system that is so approved.	1216

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1217
a victim of an offense as a result of or related to the commission	1218
of the offense, including, but not limited to, pain and suffering;	1219
loss of society, consortium, companionship, care, assistance,	1220
attention, protection, advice, guidance, counsel, instruction,	1221
training, or education; mental anguish; and any other intangible	1222
loss.	1223

(WW) "Prosecutor" has the same meaning as in section 2935.01	1224
of the Revised Code.	1225

(XX) "Continuous alcohol monitoring" means the ability to	1226
automatically test and periodically transmit alcohol consumption	1227
levels and tamper attempts at least every hour, regardless of the	1228
location of the person who is being monitored.	1229

(YY) A person is "adjudicated a sexually violent predator" if	1230
the person is convicted of or pleads guilty to a violent sex	1231
offense and also is convicted of or pleads guilty to a sexually	1232
violent predator specification that was included in the	1233
indictment, count in the indictment, or information charging that	1234
violent sex offense or if the person is convicted of or pleads	1235
guilty to a designated homicide, assault, or kidnapping offense	1236
and also is convicted of or pleads guilty to both a sexual	1237
motivation specification and a sexually violent predator	1238
specification that were included in the indictment, count in the	1239
indictment, or information charging that designated homicide,	1240
assault, or kidnapping offense.	1241

(ZZ) An offense is "committed in proximity to a school" if	1242
the offender commits the offense in a school safety zone or within	1243
five hundred feet of any school building or the boundaries of any	1244
school premises, regardless of whether the offender knows the	1245
offense is being committed in a school safety zone or within five	1246
hundred feet of any school building or the boundaries of any	1247
school premises.	1248

(AAA) "Human trafficking" means a scheme or plan to which all	1249
of the following apply:	1250

(1) Its object is to subject a victim or victims to	1251
involuntary servitude, as defined in section 2905.31 of the	1252
Revised Code, to compel a victim or victims to engage in sexual	1253
activity for hire, to engage in a performance that is obscene,	1254
sexually oriented, or nudity oriented, or to be a model or	1255
participant in the production of material that is obscene,	1256
sexually oriented, or nudity oriented.	1257

(2) It involves at least two felony offenses, whether or not	1258
there has been a prior conviction for any of the felony offenses,	1259
to which all of the following apply:	1260

(a) Each of the felony offenses is a violation of section	1261
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	1262
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	1263
(4), or (5) of section 2919.22 of the Revised Code or is a	1264
violation of a law of any state other than this state that is	1265
substantially similar to any of the sections or divisions of the	1266
Revised Code identified in this division.	1267

(b) At least one of the felony offenses was committed in this	1268
state.	1269

(c) The felony offenses are related to the same scheme or	1270
plan,and are not isolated instances, and are not so closely	1271
related to each other and connected in time and place that they	1272
constitute a single event or transaction.	1273

(BBB) "Material," "nudity," "obscene," "performance," and	1274
"sexual activity" have the same meanings as in section 2907.01 of	1275
the Revised Code.	1276

(CCC) "Material that is obscene, sexually oriented, or nudity	1277
oriented" means any material that is obscene, that shows a person	1278
participating or engaging in sexual activity, masturbation, or	1279
bestiality, or that shows a person in a state of nudity.	1280

(DDD) "Performance that is obscene, sexually oriented, or	1281
nudity oriented" means any performance that is obscene, that shows	1282
a person participating or engaging in sexual activity,	1283
masturbation, or bestiality, or that shows a person in a state of	1284
nudity.	1285

Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the	1286
Revised Code:	1287

(A) "Wire communication" means an aural transfer that is made	1288
in whole or in part through the use of facilities for the	1289
transmission of communications by the aid of wires or similar	1290
methods of connecting the point of origin of the communication and	1291
the point of reception of the communication, including the use of	1292
a method of connecting the point of origin and the point of	1293
reception of the communication in a switching station, if the	1294
facilities are furnished or operated by a person engaged in	1295
providing or operating the facilities for the transmission of	1296
communications. "Wire communication" includes an electronic	1297
storage of a wire communication.	1298

(B) "Oral communication" means an oral communication uttered	1299
by a person exhibiting an expectation that the communication is	1300
not subject to interception under circumstances justifying that	1301
expectation. "Oral communication" does not include an electronic	1302
communication.	1303

(C) "Intercept" means the aural or other acquisition of the	1304
contents of any wire, oral, or electronic communication through	1305
the use of an interception device.	1306

(D) "Interception device" means an electronic, mechanical, or	1307
other device or apparatus that can be used to intercept a wire,	1308
oral, or electronic communication. "Interception device" does not	1309
mean any of the following:	1310

(1) A telephone or telegraph instrument, equipment, or	1311
facility, or any of its components, if the instrument, equipment,	1312
facility, or component is any of the following:	1313

(a) Furnished to the subscriber or user by a provider of wire	1314
or electronic communication service in the ordinary course of its	1315
business and being used by the subscriber or user in the ordinary	1316
course of its business;	1317

(b) Furnished by a subscriber or user for connection to the	1318
facilities of a provider of wire or electronic communication	1319
service and used in the ordinary course of that subscriber's or	1320
user's business;	1321

(c) Being used by a provider of wire or electronic	1322
communication service in the ordinary course of its business or by	1323
an investigative or law enforcement officer in the ordinary course	1324
of the officer's duties that do not involve the interception of	1325
wire, oral, or electronic communications.	1326

(2) A hearing aid or similar device being used to correct	1327
subnormal hearing to not better than normal.	1328

(E) "Investigative officer" means any of the following:

1329

(1) An officer of this state or a political subdivision of	1330
this state, who is empowered by law to conduct investigations or	1331
to make arrests for a designated offense;	1332

(2) A person described in divisions (A)(11)(a) and (b) of	1333
section 2901.01 of the Revised Code;	1334

(3) An attorney authorized by law to prosecute or participate	1335
in the prosecution of a designated offense;	1336

(4) A secret service officer appointed pursuant to section	1337
309.07 of the Revised Code;	1338

(5) An officer of the United States, a state, or a political	1339
subdivision of a state who is authorized to conduct investigations	1340
pursuant to the "Electronic Communications Privacy Act of 1986,"	1341
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.	1342

(F) "Interception warrant" means a court order that	1343
authorizes the interception of wire, oral, or electronic	1344
communications and that is issued pursuant to sections 2933.53 to	1345
2933.56 of the Revised Code.	1346

(G) "Contents," when used with respect to a wire, oral, or	1347
electronic communication, includes any information concerning the	1348
substance, purport, or meaning of the communication.	1349

(H) "Communications common carrier" means a person who is	1350
engaged as a common carrier for hire in intrastate, interstate, or	1351
foreign communications by wire, radio, or radio transmission of	1352
energy. "Communications common carrier" does not include, to the	1353
extent that the person is engaged in radio broadcasting, a person	1354
engaged in radio broadcasting.	1355

(I) "Designated offense" means any of the following:

1356

(1) A felony violation of section 1315.53, 1315.55, 2903.01,	1357
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32,	1358
2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22,	1359
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	1360
2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51,	1361
2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04,	1362
2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or	1363
2925.06 or of division (B) of section 2915.05 of the Revised Code;	1364

(2) A violation of section 2919.23 of the Revised Code that,	1365
had it occurred prior to July 1, 1996, would have been a violation	1366
of section 2905.04 of the Revised Code as it existed prior to that	1367
date;	1368

(3) A felony violation of section 2925.11 of the Revised Code	1369
that is not a minor drug possession offense, as defined in section	1370
2925.01 of the Revised Code;	1371

(4) Complicity in the commission of a felony violation of a	1372
section listed in division (I)(1), (2), or (3) of this section;	1373

(5) An attempt to commit, or conspiracy in the commission of,	1374
a felony violation of a section listed in division (I)(1), (2), or	1375
(3) of this section, if the attempt or conspiracy is punishable by	1376
a term of imprisonment of more than one year.	1377

(J) "Aggrieved person" means a person who was a party to an	1378
intercepted wire, oral, or electronic communication or a person	1379
against whom the interception of the communication was directed.	1380

(K) "Person" means a person, as defined in section 1.59 of	1381
the Revised Code, or a governmental officer, employee, or entity.	1382

(L) "Special need" means a showing that a licensed physician,	1383
licensed practicing psychologist, attorney, practicing cleric,	1384
journalist, or either spouse is personally engaging in continuing	1385
criminal activity, was engaged in continuing criminal activity	1386
over a period of time, or is committing, has committed, or is	1387
about to commit, a designated offense, or a showing that specified	1388
public facilities are being regularly used by someone who is	1389
personally engaging in continuing criminal activity, was engaged	1390
in continuing criminal activity over a period of time, or is	1391
committing, has committed, or is about to commit, a designated	1392
offense.	1393

(M) "Journalist" means a person engaged in, connected with,	1394
or employed by, any news media, including a newspaper, magazine,	1395
press association, news agency, or wire service, a radio or	1396
television station, or a similar media, for the purpose of	1397
gathering, processing, transmitting, compiling, editing, or	1398
disseminating news for the general public.	1399

(N) "Electronic communication" means a transfer of a sign,	1400
signal, writing, image, sound, datum, or intelligence of any	1401
nature that is transmitted in whole or in part by a wire, radio,	1402
electromagnetic, photoelectronic, or photo-optical system.	1403
"Electronic communication" does not mean any of the following:	1404

(1) A wire or oral communication;

1405

(2) A communication made through a tone-only paging device;

1406

(3) A communication from an electronic or mechanical tracking	1407
device that permits the tracking of the movement of a person or	1408
object.	1409

(O) "User" means a person or entity that uses an electronic	1410
communication service and is duly authorized by the provider of	1411
the service to engage in the use of the electronic communication	1412
service.	1413

(P) "Electronic communications system" means a wire, radio,	1414
electromagnetic, photoelectronic, or photo-optical facility for	1415
the transmission of electronic communications, and a computer	1416
facility or related electronic equipment for the electronic	1417
storage of electronic communications.	1418

(Q) "Electronic communication service" means a service that	1419
provides to users of the service the ability to send or receive	1420
wire or electronic communications.	1421

(R) "Readily accessible to the general public" means, with	1422
respect to a radio communication, that the communication is none	1423
of the following:	1424

(1) Scrambled or encrypted;

1425

(2) Transmitted using a modulation technique, the essential	1426
parameters of which have been withheld from the public with the	1427
intention of preserving the privacy of the communication;	1428

(3) Carried on a subcarrier or other signal subsidiary to a	1429
radio transmission;	1430

(4) Transmitted over a communications system provided by a	1431
communications common carrier, unless the communication is a	1432
tone-only paging system communication;	1433

(5) Transmitted on a frequency allocated under part 25,	1434
subpart D, E, or F of part 74, or part 94 of the Rules of the	1435
Federal Communications Commission, as those provisions existed on	1436
July 1, 1996, unless, in the case of a communication transmitted	1437
on a frequency allocated under part 74 that is not exclusively	1438
allocated to broadcast auxiliary services, the communication is a	1439
two-way voice communication by radio.	1440

(S) "Electronic storage" means a temporary, intermediate	1441
storage of a wire or electronic communication that is incidental	1442
to the electronic transmission of the communication, and a storage	1443
of a wire or electronic communication by an electronic	1444
communication service for the purpose of backup protection of the	1445
communication.	1446

(T) "Aural transfer" means a transfer containing the human	1447
voice at a point between and including the point of origin and the	1448
point of reception.	1449

(U) "Pen register" means a device that records or decodes	1450
electronic impulses that identify the numbers dialed, pulsed, or	1451
otherwise transmitted on telephone lines to which the device is	1452
attached.	1453

(V) "Trap and trace device" means a device that captures the	1454
incoming electronic or other impulses that identify the	1455
originating number of an instrument or device from which a wire	1456
communication or electronic communication was transmitted but that	1457
does not intercept the contents of the wire communication or	1458
electronic communication.	1459

(W) "Judge of a court of common pleas" means a judge of that	1460
court who is elected or appointed as a judge of general	1461
jurisdiction or as a judge who exercises both general jurisdiction	1462
and probate, domestic relations, or juvenile jurisdiction. "Judge	1463
of a court of common pleas" does not mean a judge of that court	1464
who is elected or appointed specifically as a probate, domestic	1465
relations, or juvenile judge.	1466

Section 2. That existing sections 2901.01, 2905.01, 2905.02,	1467
2907.21, 2923.01, 2923.31, 2929.01, and 2933.51 of the Revised	1468
Code are hereby repealed.	1469