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|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 565 |
REPRESENTATIVE TERWILLEGER
A BILL
To amend sections 2901.01, 2901.11, 2901.12, 2907.01, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2913.01, 2913.04, 2913.42, 2913.61,
2917.21, and 2923.31 and to enact
sections 2907.324, 2913.05, and 2913.06 of the Revised Code relative to
computer and telecommunications offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2901.01, 2901.11, 2901.12, 2907.01,
2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2913.01,
2913.04, 2913.42, 2913.61, 2917.21, and 2923.31 be
amended and sections 2907.324, 2913.05, and 2913.06 of the Revised Code be
enacted to read as follows:
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing.
(2) "Deadly force" means any force that carries a
substantial risk that it will proximately result in the death of
any person.
(3) "Physical harm to persons" means any injury, illness,
or other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss to its value or interferes with its use or enjoyment.
"Physical harm to property" does not include wear and tear
occasioned by normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as
would normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement, or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering, or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the
property, or requires a substantial amount of time, effort, or
money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the
property, or substantially interferes with its use or enjoyment
for an extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 2905.01,
2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03,
2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of division (A)(1), (2), or
(3) of section 2911.12 of the Revised Code or
felonious sexual penetration in violation of former section 2907.12 of the
Revised Code;
(b) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States,
substantially equivalent to any section or division or offense listed in
division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other state or the United States, committed purposely or
knowingly, and involving physical harm to persons or a risk of
serious physical harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of this section.
(10)(a) "Property" means any property, real or
personal, tangible or intangible, and any interest or license in
that property. "Property" includes, but is not limited to, cable
television service, OTHER TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS
DEVICES, computer data, computer software, financial
instruments associated with computers, and other documents
associated with computers, or copies of the documents, whether in
machine or human readable form, TRADE SECRETS, TRADEMARKS,
COPYRIGHTS, PATENTS, AND PROPERTY PROTECTED BY A TRADEMARK, COPYRIGHT, OR
PATENT. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in this division and division (A)(10)
OF THIS SECTION, "TRADE SECRET" HAS THE SAME MEANING AS IN SECTION 1333.61
of the Revised Code, AND "TELECOMMUNICATIONS SERVICE" HAS THE SAME MEANING AS IN SECTION
2913.01 of the Revised Code.
(c) AS USED IN DIVISIONS (A)(10) AND (13) of
this section, "cable television service," "computer," "computer
software," "computer system," "computer network," and "data,"
AND "TELECOMMUNICATIONS DEVICE" have the same meaning
MEANINGS as in section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer
of a township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code, or state highway patrol
trooper;
(b) An officer, agent, or employee of the state or any of
its agencies, instrumentalities, or political subdivisions, upon
whom, by statute, a duty to conserve the peace or to enforce all
or certain laws is imposed and the authority to arrest violators
is conferred, within the limits of that statutory duty and
authority;
(c) A mayor, in the mayor's capacity as chief conservator of the
peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section
737.01 of the Revised Code as a special patrolling
officer during riot or emergency, for the purposes and during the time when
the person is appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic violence;
(h) A prosecuting attorney, assistant prosecuting
attorney, secret service officer, or municipal prosecutor;
(i) An Ohio veterans' home police officer appointed under
section 5907.02 of the Revised Code;
(j) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the Revised Code.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising out of status, position, office, or relationship, or
growing out of necessity.
(13) "Contraband" means any property described in the
following categories:
(a) Property that in and of itself is unlawful for a
person to acquire or possess;
(b) Property that is not in and of itself unlawful for a
person to acquire or possess, but that has been determined by a
court of this state, in accordance with law, to be contraband
because of its use in an unlawful activity or manner, of its
nature, or of the circumstances of the person who acquires or
possesses it, including, but not limited to, goods and personal
property described in division (D) of section 2913.34 of the Revised Code;
(c) Property that is specifically stated to be contraband
by a section of the Revised Code or by an ordinance, regulation,
or resolution;
(d) Property that is forfeitable pursuant to a section of
the Revised Code, or an ordinance, regulation, or resolution,
including, but not limited to, forfeitable firearms, dangerous
ordnance, obscene materials, and goods and personal
property described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section
3719.01 of the Revised Code, or any device, paraphernalia, money
as defined in section 1301.01 of the Revised Code, or other means
of exchange that has been, is being, or is intended to be used in
an attempt or conspiracy to violate, or in a violation of,
Chapter 2925. or 3719. of the Revised Code;
(f) Any gambling device, paraphernalia, money as defined
in section 1301.01 of the Revised Code, or other means of
exchange that has been, is being, or is intended to be used in an
attempt or conspiracy to violate, or in the violation of, Chapter
2915. of the Revised Code;
(g) Any equipment, machine, device, apparatus, vehicle,
vessel, container, liquid, or substance that has been, is being,
or is intended to be used in an attempt or conspiracy to violate,
or in the violation of, any law of this state relating to alcohol
or tobacco;
(h) Any personal property that has been, is being, or is
intended to be used in an attempt or conspiracy to commit, or in
the commission of, any offense or in the transportation of the
fruits of any offense;
(i) Any property that is acquired through the sale or
other transfer of contraband or through the proceeds of
contraband, other than by a court or a law enforcement agency
acting within the scope of its duties;
(j) Any computer, computer system, computer network, or
computer software, OR OTHER TELECOMMUNICATIONS DEVICE that is
used in a conspiracy to commit, an
attempt to commit, or in the commission of any offense, if the
owner of the computer, computer system, computer network, or computer
software, OR OTHER TELECOMMUNICATIONS DEVICE is convicted of or
pleads guilty to the offense in which it is used.
(14) A person is "not guilty by reason of insanity"
relative to a charge of an offense only if the person proves, in the
manner specified in section 2901.05 of the Revised Code, that at
the time of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section,
as used in any section contained in Title XXIX
of the Revised Code that sets forth a criminal offense,
"person" includes all of the following:
(i) An individual, corporation, business trust, estate, trust,
partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title
XXIX of the Revised Code that does not set forth a
criminal offense, "person" includes an individual, corporation, business
trust, estate, trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the species
homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of
a human fetus at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary artificial
life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no case
shall the portion of the definition of the term "person" that is set forth in
division (B)(1)(a)(ii) of this section be
applied or construed in any section contained in Title XXIX of the Revised
Code that sets forth a criminal offense in any of the following manners:
(a) Except as otherwise provided in division (B)(2)(a) of this section, in a
manner so that the offense prohibits or is construed as
prohibiting any pregnant woman or her physician from performing an abortion
with the consent of the pregnant woman, with the consent of the pregnant
woman implied by law in a medical emergency, or with the approval of one
otherwise authorized by law to consent to medical treatment on behalf of the
pregnant woman. An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.07, 2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code,
as applicable. An abortion that does not violate the conditions
described in the second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2919.15,
2919.17, or 2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13,
section 2919.15, 2919.17, or 2919.18 of the Revised Code, as
applicable. Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant woman, even if
it does not comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or
is construed as applying to a woman based on an act or omission of the woman
that occurs while she is or was pregnant and that results in any of the
following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in
utero of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born
alive but who dies from one or more injuries that are sustained while the
child is a viable, unborn human;
(iv) Her causing her child who is born alive to
sustain one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting
to cause, in any other manner, an injury, illness, or other physiological
impairment, regardless of its duration or gravity, or a mental illness or
condition, regardless of its duration or gravity, to a viable, unborn human
that she is carrying.
Sec. 2901.11. (A) A person is subject to criminal
prosecution and punishment in this state if any of the following
occur:
(1) He THE PERSON commits an offense under the laws of this
state, any element of which takes place in this state;.
(2) While in this state, he THE PERSON conspires or attempts to
commit, or is guilty of complicity in the commission of an
offense in another jurisdiction, which offense is an offense
under both the laws of this state and such other jurisdiction;.
(3) While out of this state, he THE PERSON conspires or
attempts to commit, or is guilty of complicity in the commission of an
offense in this state;.
(4) While out of this state, he THE PERSON omits to perform a
legal
duty imposed by the laws of this state, which omission affects a
legitimate interest of the state in protecting, governing, or
regulating any person, property, thing, transaction, or activity
in this state;.
(5) While out of this state, he THE PERSON unlawfully takes or
retains property and subsequently brings any of such THE UNLAWFULLY
TAKEN OR RETAINED property into this state;.
(6) While out of this state, he THE PERSON unlawfully takes or
entices another and subsequently brings such THE other person
into this state.
(7) THE PERSON, BY MEANS
OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK,
TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR
TELECOMMUNICATIONS SERVICE, CAUSES OR ALLOWS ANY WRITING, DATA,
IMAGE, OR OTHER TELECOMMUNICATION TO BE DISSEMINATED OR TRANSMITTED INTO THIS
STATE IN VIOLATION OF THE LAW OF THIS STATE.
(B) In homicide, the element referred to in division
(A)(1) of this section is either the act which causes death, or
the physical contact which causes death, or the death itself. If
any part of the body of a homicide victim is found in this state,
the death is presumed to have occurred within this state.
(C)(1) This state includes the land and water within its
boundaries and the air space above that land and water, with
respect to which this state has either exclusive or concurrent
legislative jurisdiction. Where the boundary between this state
and another state or foreign country is disputed, the disputed
territory is conclusively presumed to be within this state for
purposes of this section.
(2) The courts of common pleas of Adams, Athens, Belmont,
Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson,
Lawrence, Meigs, Monroe, Scioto, and Washington counties have
jurisdiction beyond the north or northwest shore of the Ohio
river extending to the opposite shore line, between the extended
boundary lines of any adjacent counties or adjacent state. Each
of those courts of common pleas has concurrent jurisdiction on
the Ohio river with any adjacent court of common pleas that
borders on that river and with any court of Kentucky or of West
Virginia that borders on the Ohio river and that has jurisdiction
on the Ohio river under the law of Kentucky or the law of West
Virginia, whichever is applicable, or under federal law.
(D) When an offense is committed under the laws of this
state, and it appears beyond a reasonable doubt that the offense
or any element thereof took place either in Ohio or in another
jurisdiction or jurisdictions, but it cannot reasonably be
determined in which it took place, such offense or element is
conclusively presumed to have taken place in this state for
purposes of this section.
(E) AS USED IN THIS SECTION, "COMPUTER," "COMPUTER
SYSTEM," "COMPUTER NETWORK," "TELECOMMUNICATION,"
"TELECOMMUNICATIONS DEVICE," "TELECOMMUNICATIONS SERVICE," AND
"WRITING" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 of the Revised Code.
Sec. 2901.12. (A) The trial of a criminal case in this
state shall be held in a court having jurisdiction of the subject
matter, and in the territory of which the offense or any element
of the offense was committed.
(B) When the offense or any element of the offense was
committed in an aircraft, motor vehicle, train, watercraft, or
other vehicle, in transit, and it cannot reasonably be determined
in which jurisdiction the offense was committed, the offender may
be tried in any jurisdiction through which the aircraft, motor
vehicle, train, watercraft, or other vehicle passed.
(C) When the offense involved the unlawful taking or
receiving of property or the unlawful taking or enticing of
another, the offender may be tried in any jurisdiction from which
or into which the property or victim was taken, received, or
enticed.
(D) When the offense is conspiracy, attempt, or complicity
cognizable under division (A)(2) of section 2901.11 of the
Revised Code, the offender may be tried in any jurisdiction in
which the conspiracy, attempt, complicity, or any of its elements
occurred.
(E) When the offense is conspiracy or attempt cognizable
under division (A)(3) of section 2901.11 of the Revised Code, the
offender may be tried in any jurisdiction in which the offense
that was the object of the conspiracy or attempt, or any element
thereof, was intended to or could have taken place. When the
offense is complicity cognizable under division (A)(3) of section
2901.11 of the Revised Code, the offender may be tried in any
jurisdiction in which the principal offender may be tried.
(F) When an offense is considered to have been committed
in this state while the offender was out of this state, and the
jurisdiction in this state in which the offense or any material
element of the offense was committed is not reasonably
ascertainable, the offender may be tried in any jurisdiction in
which the offense or element reasonably could have been
committed.
(G) When it appears beyond a reasonable doubt that an
offense or any element of an offense was committed in any of two
or more jurisdictions, but it cannot reasonably be determined in
which jurisdiction the offense or element was committed, the
offender may be tried in any such jurisdiction.
(H) When an offender, as part of a course of criminal
conduct, commits offenses in different jurisdictions, he THE
OFFENDER may be
tried for all of those offenses in any jurisdiction in which one
of those offenses or any element of one of those offenses
occurred. Without limitation on the evidence that may be used to
establish such THE course of criminal conduct, any of the
following is prima-facie evidence of a course of criminal conduct:
(1) The offenses involved the same victim, or victims of
the same type or from the same group.
(2) The offenses were committed by the offender in his THE
OFFENDER'S
same employment, or capacity, or relationship to another.
(3) The offenses were committed as part of the same
transaction or chain of events, or in furtherance of the same
purpose or objective.
(4) The offenses were committed in furtherance of the same
conspiracy.
(5) The offenses involved the same or a similar modus
operandi.
(6) The offenses were committed along the offender's line
of travel in this state, regardless of his THE OFFENDER'S point
of origin or
destination.
(I)(1) When the offense involves a computer, computer
system, or computer network, TELECOMMUNICATION, TELECOMMUNICATIONS
DEVICE, OR TELECOMMUNICATIONS SERVICE, the offender may be tried in
any jurisdiction containing any location of the computer, computer
system, or computer network of the victim of the offense,
IN ANY JURISDICTION FROM WHICH OR INTO WHICH, AS PART OF
THE OFFENSE, ANY WRITING, DATA, OR IMAGE IS DISSEMINATED OR
TRANSMITTED BY MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER
NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR
TELECOMMUNICATIONS SERVICE, or IN any
jurisdiction in which the alleged offender commits any activity
that is an essential part of the offense.
(2) As used in this section, "computer," "computer
system," and "computer network," "TELECOMMUNICATION,"
"TELECOMMUNICATIONS DEVICE," AND "TELECOMMUNICATIONS SERVICE" have
the same meaning MEANINGS as
in section 2913.01 of the Revised Code.
(J) When the offense involves the death of a person, and
it cannot reasonably be determined in which jurisdiction the
offense was committed, the offender may be tried in the
jurisdiction in which the dead person's body or any part of the
dead person's body was found.
(K) Notwithstanding any other requirement for the place of
trial, venue may be changed upon motion of the prosecution, the
defense, or the court, to any court having jurisdiction of the
subject matter outside the county in which trial otherwise would
be held, when it appears that a fair and impartial trial cannot
be held in the jurisdiction in which trial otherwise would be
held, or when it appears that trial should be held in another
jurisdiction for the convenience of the parties and in the
interests of justice.
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of
the Revised Code:
(A) "Sexual conduct" means vaginal intercourse between a
male and female; anal intercourse, fellatio, and
cunnilingus
between persons regardless of sex; and the insertion, however
slight, of any part of the body or any instrument, apparatus, or other object
into the vaginal or anal cavity of another. Penetration, however slight,
is sufficient to complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous
zone of another, including without limitation the thigh,
genitals, buttock, pubic region, or, if the person is a female, a
breast, for the purpose of sexually arousing or gratifying either
person.
(C) "Sexual activity" means sexual conduct or sexual
contact, or both.
(D) "Prostitute" means a male or female who promiscuously
engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another.
(E) Any material or performance is "harmful to juveniles,"
if it is offensive to prevailing standards in the adult community
with respect to what is suitable for juveniles, and if any of the
following apply:
(1) It tends to appeal to the prurient interest of
juveniles;
(2) It contains a display, description, or representation
of sexual activity, masturbation, sexual excitement, or nudity;
(3) It contains a display, description, or representation
of bestiality or extreme or bizarre violence, cruelty, or
brutality;
(4) It contains a display, description, or representation
of human bodily functions of elimination;
(5) It makes repeated use of foul language;
(6) It contains a display, description, or representation
in lurid detail of the violent physical torture, dismemberment,
destruction, or death of a human being;
(7) It contains a display, description, or representation
of criminal activity that tends to glorify or glamorize the
activity, and that, with respect to juveniles, has a dominant
tendency to corrupt.
(F) When considered as a whole, and judged with reference
to ordinary adults or, if it is designed for sexual deviates or
other specially susceptible group, judged with reference to that
group, any material or performance is "obscene" if any of the
following apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying
or depicting sexual activity, masturbation, sexual excitement, or
nudity in a way that tends to represent human beings as mere
objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying
or depicting bestiality or extreme or bizarre violence, cruelty,
or brutality;
(4) Its dominant tendency is to appeal to scatological
interest by displaying or depicting human bodily functions of
elimination in a way that inspires disgust or revulsion in
persons with ordinary sensibilities, without serving any genuine
scientific, educational, sociological, moral, or artistic
purpose;
(5) It contains a series of displays or descriptions of
sexual activity, masturbation, sexual excitement, nudity,
bestiality, extreme or bizarre violence, cruelty, or brutality,
or human bodily functions of elimination, the cumulative effect
of which is a dominant tendency to appeal to prurient or
scatological interest, when the appeal to such an interest is
primarily for its own sake or for commercial exploitation, rather
than primarily for a genuine scientific, educational,
sociological, moral, or artistic purpose.
(G) "Sexual excitement" means the condition of human male
or female genitals when in a state of sexual stimulation or
arousal.
(H) "Nudity" means the showing, representation, or
depiction of human male or female genitals, pubic area, or
buttocks with less than a full, opaque covering, or of a female
breast with less than a full, opaque covering of any portion
thereof below the top of the nipple, or of covered male genitals
in a discernibly turgid state.
(I) "Juvenile" means an unmarried person under the age of
eighteen.
(J) "Material" means any book, magazine, newspaper,
pamphlet, poster, print, picture, figure, image, description,
motion picture film, phonographic record, or tape,
UNDEVELOPED FILM, OR NEGATIVES; DATA THAT IS STORED ON
COMPUTER DISK OR STORED BY ELECTRONIC MEANS AND THAT IS CAPABLE
OF BEING CONVERTED INTO A VISUAL IMAGE; A PICTORIAL
REPRESENTATION PRODUCED OR RECORDED BY ANY MECHANICAL, CHEMICAL,
PHOTOGRAPHIC, OR ELECTRICAL MEANS; or other
tangible thing capable of arousing interest through sight, sound,
or touch.
(K) "Performance" means any motion picture, preview,
trailer, play, show, skit, dance, or other exhibition performed
before an audience.
(L) "Spouse" means a person married to an offender at the
time of an alleged offense, except that such person shall not be
considered the spouse when any of the following apply:
(1) When the parties have entered into a written
separation agreement authorized by section 3103.06 of the Revised
Code;
(2) During the pendency of an action between the parties
for annulment, divorce, dissolution of marriage, or legal
separation;
(3) In the case of an action for legal separation, after
the effective date of the judgment for legal separation.
(M) "Minor" means a person under the age of eighteen.
(N) "COMPUTER," "COMPUTER SYSTEM," "COMPUTER
NETWORK," "TELECOMMUNICATION," "TELECOMMUNICATIONS DEVICE,"
"TELECOMMUNICATIONS SERVICE," AND "WRITING" HAVE THE SAME
MEANINGS AS IN SECTION 2913.01 of the Revised Code.
Sec. 2907.31. (A) No person, with knowledge of its
character or content, shall recklessly do any of the following:
(1) Sell, deliver, furnish, disseminate, provide, exhibit,
rent, or present to a juvenile any material or performance that
is obscene or harmful to juveniles;
(2) Offer or agree to sell, deliver, furnish, disseminate,
provide, exhibit, rent, or present to a juvenile any material or
performance that is obscene or harmful to juveniles;
(3) TRANSMIT, OR OFFER OR AGREE TO TRANSMIT, TO A JUVENILE, BY MEANS OF A
COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE, ANY MATERIAL OR
PERFORMANCE THAT IS OBSCENE OR HARMFUL TO JUVENILES;
(4) Allow any juvenile to review or peruse any material or
view any live performance that is harmful to juveniles.
(B) The following are affirmative defenses to a charge
under this section that involves material or a performance that
is harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian, or spouse of
the juvenile involved.
(2) The juvenile involved, at the time of the conduct in
question, was accompanied by the juvenile's parent or guardian who,
with
knowledge of its character, consented to the material or
performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or to the defendant's
agent
or employee a draft card, driver's license, birth record,
marriage license, or other official or apparently official
document purporting to show that the juvenile was eighteen years
of age or over or married, and the person to whom that document
was exhibited did not otherwise have reasonable cause to believe
that the juvenile was under the age of eighteen and unmarried.
(C)(1) It is an affirmative defense to a charge under this
section, involving material or a performance that is obscene or
harmful to juveniles, that the material or performance was
furnished or presented for a bona fide medical, scientific,
educational, governmental, judicial, or other proper purpose, by
a physician, psychologist, sociologist, scientist, teacher,
librarian, clergyman, prosecutor, judge, or other proper person.
(2) Except as provided in division (B)(3) of this section,
mistake of age is not a defense to a charge under this section.
(D) Whoever violates this section is guilty of
disseminating matter harmful to juveniles. If the material or
performance involved is harmful to juveniles, except
as otherwise provided in this division, a
violation of this section is a misdemeanor of the first degree.
If the material or performance involved is obscene, except as otherwise
provided in this division, a violation of this section is a felony of
the fifth degree. If the material or performance involved is
obscene and the juvenile to whom it is sold, delivered,
furnished, disseminated, provided, exhibited, rented, or
presented, OR TRANSMITTED, the juvenile to whom the offer is
made or who is the
subject of the agreement, or the juvenile who is allowed to
review, peruse, or view it is under thirteen years of age,
violation of this section is a felony of the fourth degree.
Sec. 2907.32. (A) No person, with knowledge of the
character of the material or performance involved, shall do any
of the following:
(1) Create, reproduce, or publish any obscene material,
when the offender knows that the material is to be used for
commercial exploitation or will be publicly disseminated or
displayed, or when the offender is reckless in that regard;
(2) Promote or advertise for sale, delivery, or
dissemination; sell, deliver, publicly disseminate, publicly
display, exhibit, present, rent, or provide; or TRANSMIT BY MEANS OF
A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE; offer or
agree to sell, deliver, publicly disseminate, publicly display, exhibit,
present, rent, or provide; OR OFFER OR AGREE TO
TRANSMIT BY MEANS OF
A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE, any obscene
material;
(3) Create, direct, or produce an obscene performance,
when the offender knows that it is to be used for commercial
exploitation or will be publicly presented, or when the offender is
reckless in that regard;
(4) Advertise or promote an obscene performance for
presentation, or present or participate in presenting an obscene
performance, when the performance is presented publicly, or when
admission is charged;
(5) Buy, procure, possess, or control any obscene material
with purpose to violate division (A)(2) or (4) of this section.
(B) It is an affirmative defense to a charge under this
section, that the material or performance involved was
disseminated or presented for a bona fide medical, scientific,
educational, religious, governmental, judicial, or other proper
purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or
research, librarian, clergyman, prosecutor, judge, or other
person having a proper interest in the material or performance.
(C) Whoever violates this section is guilty of pandering
obscenity, a felony of the fifth degree. If
the offender
previously has been convicted of a violation of this section or
of section 2907.31 of the Revised Code, then pandering obscenity
is a felony of the fourth degree.
Sec. 2907.321. (A) No person, with knowledge of the
character of the material or performance involved, shall do any
of the following:
(1) Create, reproduce, or publish any obscene material
that has a minor as one of its participants or portrayed
observers;
(2) Promote or advertise for sale, DELIVERY, or
dissemination; sell,
deliver, disseminate, display, exhibit, present, rent, or
provide; or offer or agree to sell, deliver, disseminate,
display, exhibit, present, rent, or provide; OR TRANSMIT, RECEIVE,
OR OFFER OR AGREE TO TRANSMIT OR RECEIVE BY MEANS OF A COMPUTER, COMPUTER
SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR
TELECOMMUNICATIONS SERVICE, any obscene material
that has a minor as one of its participants or portrayed
observers;
(3) Create, direct, or produce an obscene performance that
has a minor as one of its participants;
(4) Advertise or promote for presentation, present, or
participate in presenting an obscene performance that has a minor
as one of its participants;
(5) Buy, procure, possess, or control any obscene
material, that has a minor as one of its participants;
(6) Bring or cause to be brought into this state any
obscene material that has a minor as one of its participants or
portrayed observers;
(7) CREATE, REPRODUCE, OR PUBLISH; PROMOTE OR
ADVERTISE FOR SALE, DELIVERY, OR DISSEMINATION; SELL, DELIVER,
DISSEMINATE, DISPLAY, EXHIBIT, PRESENT, RENT, OR PROVIDE, OR
OFFER; AGREE TO SELL, DELIVER, DISSEMINATE, DISPLAY, EXHIBIT,
PRESENT, RENT, OR PROVIDE; TRANSMIT, OR OFFER OR AGREE TO
TRANSMIT, BY MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER
NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR
TELECOMMUNICATIONS SERVICE; BUY, PROCURE, POSSESS, OR CONTROL; OR
BRING OR CAUSE TO BE BROUGHT INTO THIS STATE A
COMPUTER GENERATED, MODIFIED, OR REPRODUCED OBSCENE MATERIAL, OBSCENE IMAGE,
OR OBSCENE GRAPHIC
OF WHAT APPEARS TO BE A MINOR, BUT IS NOT ACTUALLY A MINOR, AS
ONE OF ITS PARTICIPANTS OR PORTRAYED OBSERVERS.
(B)(1) This section does not apply to any material or
performance that is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or
presented for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
clergyman, prosecutor, judge, or other person having a proper
interest in the material or performance.
(2) Mistake of age is not a defense to a charge under this
section.
(3) In a prosecution under this section, the trier of fact
may infer that a person in the material or performance involved
is a minor if the material or performance, through its title,
text, visual representation, or otherwise, represents or depicts
the person as a minor.
(C) Whoever violates this section is guilty of pandering
obscenity involving a minor. Violation of division (A)(1), (2),
(3), (4), or (6) of this section is a felony of the second
degree. Violation of division (A)(5) OR (7) of this section
is a felony of the fourth degree. If the offender previously has been
convicted of or pleaded guilty to a violation of this section or
section 2907.322 or 2907.323 of the Revised Code, pandering
obscenity involving a minor in violation of division (A)(5) OR
(7) of this section is a felony of the third degree.
Sec. 2907.322. (A) No person, with knowledge of the
character of the material or performance involved, shall do any
of the following:
(1) Create, record, photograph, film, develop, reproduce,
or publish any material that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality;
(2) Advertise for sale or dissemination, sell, distribute,
transport, disseminate, exhibit, or display, OR TRANSMIT BY
MEANS OF A COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE any material that
shows a minor participating or engaging in sexual activity, masturbation, or
bestiality;
(3) Create, direct, or produce a performance that shows a
minor participating or engaging in sexual activity, masturbation,
or bestiality;
(4) Advertise for presentation, present, or participate in
presenting a performance that shows a minor participating or
engaging in sexual activity, masturbation, or bestiality;
(5) Solicit, receive, purchase, exchange, possess or
control any material that shows a minor participating or engaging
in sexual activity, masturbation, or bestiality;
(6) Bring or cause to be brought into this state any
material that shows a minor participating or engaging in sexual
activity, masturbation, or bestiality, or bring, cause to be
brought, or finance the bringing of any minor into or across this
state with the intent that the minor engage in sexual activity,
masturbation, or bestiality in a performance or for the purpose
of producing material containing a visual representation
depicting the minor engaged in sexual activity, masturbation, or
bestiality.
(B)(1) This section does not apply to any material or
performance that is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or
presented for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
clergyman, prosecutor, judge, or other person having a proper
interest in the material or performance.
(2) Mistake of age is not a defense to a charge under this
section.
(3) In a prosecution under this section, the trier of fact
may infer that a person in the material or performance involved
is a minor if the material or performance, through its title,
text, visual representation, or otherwise, represents or depicts
the person as a minor.
(C) Whoever violates this section is guilty of pandering
sexually oriented matter involving a minor. Violation of
division (A)(1), (2), (3), (4), or (6) of this section is a
felony of the second degree. Violation of division (A)(5) of
this section is a felony of the fifth degree.
If the
offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.321 or 2907.323 of the
Revised Code, pandering sexually oriented matter involving a
minor in violation of division (A)(5) of this section is a felony
of the fourth degree.
Sec. 2907.323. (A) No person shall do any of the
following:
(1) Photograph any minor who is not the person's child or
ward in a state of nudity, or; create, direct, produce, or
transfer any material or performance that shows the minor in a
state of nudity; OR TRANSMIT BY MEANS OF A COMPUTER, COMPUTER
SYSTEM, COMPUTER NETWORK, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE, OR
TELECOMMUNICATIONS SERVICE ANY MATERIAL OR PERFORMANCE THAT SHOWS THE MINOR IN
A STATE OF NUDITY, unless both of the following apply:
(a) The material or performance is, or is to be, sold,
disseminated, displayed, possessed, controlled, brought or caused
to be brought into this state, or presented for a bona fide
artistic, medical, scientific, educational, religious,
governmental, judicial, or other proper purpose, by or to a
physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, clergyman
CLERGYPERSON, prosecutor, judge, or other person having a proper
interest in the material or performance;
(b) The minor's parents, guardian, or custodian consents
in writing to the photographing of the minor, to the use of the
minor in the material or performance, or to the transfer OR TRANSMITTAL
of the material and to the specific manner in which the material or
performance is to be used.
(2) Consent to the photographing of the person's minor child or
ward, or photograph the person's minor child or ward, in a state of
nudity or consent to the use of the person's minor child or ward in a
state of
nudity in any material or performance, or use or transfer a
material or performance of that nature, unless the material or performance is
sold, disseminated, displayed, possessed, controlled, brought or
caused to be brought into this state, or presented for a bona
fide artistic, medical, scientific, educational, religious,
governmental, judicial, or other proper purpose, by or to a
physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, clergyman
CLERGYPERSON, prosecutor, judge, or other person having a proper
interest in the material or performance;
(3) Possess or view any material or performance that shows
a minor who is not the person's child or ward in a state of
nudity, unless one of the following applies:
(a) The material or performance is sold, disseminated,
displayed, possessed, controlled, brought or caused to be brought
into this state, or presented for a bona fide artistic, medical,
scientific, educational, religious, governmental, judicial, or
other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide
studies or research, librarian, clergyman CLERGYPERSON,
prosecutor, judge, or other person having a proper interest in the material or
performance.
(b) The person knows that the parents, guardian, or
custodian has consented in writing to the photographing or use of
the minor in a state of nudity and to the manner in which the
material or performance is used or transferred.
(B) Whoever violates this section is guilty of illegal use
of a minor in a nudity-oriented material or performance. Whoever
violates division (A)(1) or (2) of this section is guilty of a
felony of the second degree. Whoever violates division (A)(3) of
this section is guilty of a felony of the
fifth degree. If
the offender previously has been convicted of or pleaded guilty
to a violation of this section or section 2907.321 or 2907.322 of
the Revised Code, illegal use of a minor in a nudity-oriented
material or performance in violation of division (A)(3) of this
section is a felony of the fourth degree.
Sec. 2907.324. (A) NO PERSON, KNOWING OR HAVING
REASONABLE CAUSE TO BELIEVE THAT THE MATERIALS ARE INTENDED TO
BE, OR WILL BE, USED TO COMMIT A VIOLATION OF THIS CHAPTER OR A
VIOLATION OF SIMILAR LAWS OF ANOTHER STATE, SHALL COMPILE,
POSSESS, DISSEMINATE, OR REPRODUCE, BY ANY MEANS, ANY STATEMENT,
NOTICE, ADVERTISEMENT, DESCRIPTIVE INFORMATION, OR IDENTIFYING
INFORMATION ABOUT A MINOR, INCLUDING, BUT NOT LIMITED TO, THE
MINOR'S NAME, TELEPHONE NUMBER, PLACE OF RESIDENCE, PHYSICAL
CHARACTERISTICS, SOCIAL SECURITY NUMBER, OR INTERNET
ADDRESS.
(B) WHOEVER VIOLATES THIS
SECTION IS GUILTY OF ILLEGAL USE OF INFORMATION ABOUT A MINOR, A
FELONY OF THE FIFTH DEGREE.
Sec. 2913.01. As used in this chapter:
(A) "Deception" means knowingly deceiving another or
causing another to be deceived by any false or misleading
representation, by withholding information, by preventing another
from acquiring information, or by any other conduct, act, or
omission that creates, confirms, or perpetuates a false
impression in another, including a false impression as to law,
value, state of mind, or other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception,
some benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a
period that appropriates a substantial portion of its value or
use, or with purpose to restore it only upon payment of a reward
or other consideration;
(2) Dispose of property so as to make it unlikely that the
owner will recover it;
(3) Accept, use, or appropriate money, property, or
services, with purpose not to give proper consideration in return
for the money, property, or services, and without reasonable
justification or excuse for not giving proper consideration.
(D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is
the owner of, who has possession or control of, or who has
any license
or interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful.
(E) "Services" include labor, personal services,
professional services, public utility services, common carrier
services, and food, drink, transportation, entertainment, and
cable television services.
(F) "Writing" means any computer software, document,
letter, memorandum, note, paper, plate, data, film, or other
thing having in or upon it any written, typewritten, or printed
matter, and any token, stamp, seal, credit card,
badge, trademark, label, or other symbol of value, right,
privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in
part and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by
that conduct.
(H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic
device designed to do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin,
bill, or token, automatically dispense property, provide a
service, or grant a license.
(J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being
inserted or deposited in a coin machine as an improper substitute
for a genuine coin, bill, or token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, former section
2913.47 or 2913.48, or section 2913.51, 2915.05,
or 2921.41 of the Revised Code;
(2) A violation of an existing or former municipal
ordinance or law of this or any other state, or of the United
States, substantially equivalent to any section listed in
division (K)(1) of this section or a violation of section 2913.41, 2913.81,
or 2915.06 of the Revised Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering,
theft, embezzlement, wrongful conversion, forgery,
counterfeiting, deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in
committing any offense under division (K)(1), (2), or (3) of this
section.
(L) "Computer services" includes, but is not limited to,
the use of a computer system, computer network, computer program,
data that is prepared for computer use, or data that is contained
within a computer system or computer network.
(M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic
device of that nature.
(N) "Computer system" means a computer and related
devices, whether connected or unconnected, including, but not
limited to, data input, output, and storage devices, data
communications links, and computer programs and data that make
the system capable of performing specified special purpose data
processing tasks.
(O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities
through the use of computer facilities.
(P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data.
(Q) "Computer software" means computer programs,
procedures, and other documentation associated with the operation
of a computer system.
(R) "Data" means a representation of information,
knowledge, facts, concepts, or instructions that are being or
have been prepared in a formalized manner and that are intended
for use in a computer system or computer network. For purposes
of section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section.
(S) "Cable television service" means any services provided
by or through the facilities of any cable television system or
other similar closed circuit coaxial cable communications system,
or any microwave or similar transmission service used in
connection with any cable television system or other similar
closed circuit coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer
network.
(U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account
for the purpose of obtaining money, property, labor, or services
on credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine.
(V) "Electronic fund transfer" has the same meaning as in
92 Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the right
of possession and use of the property is for a short and possibly
indeterminate term in return for consideration; the rentee generally controls
the duration of possession of the property, within any applicable minimum or
maximum term; and the amount of consideration generally is determined by the
duration of possession of the property.
(X) "TELECOMMUNICATION" MEANS THE ORIGINATION,
EMISSION, TRANSMISSION, OR RECEPTION OF DATA, IMAGES, SIGNALS,
SOUNDS, OR OTHER INTELLIGENCE OR EQUIVALENCE OF INTELLIGENCE OF
ANY NATURE OVER ANY COMMUNICATIONS SYSTEM BY ANY METHOD,
INCLUDING, BUT NOT LIMITED TO, A FIBER OPTIC, ELECTRONIC,
MAGNETIC, OPTICAL, DIGITAL, OR ANALOG METHOD.
(Y) "TELECOMMUNICATIONS
DEVICE" MEANS ANY INSTRUMENT, EQUIPMENT, MACHINE, OR OTHER
DEVICE THAT FACILITATES TELECOMMUNICATION INCLUDING, BUT NOT
LIMITED TO, A COMPUTER, COMPUTER NETWORK, COMPUTER CHIP, COMPUTER
CIRCUIT, SCANNER, TELEPHONE, CELLULAR TELEPHONE, PAGER, PERSONAL
COMMUNICATIONS DEVICE, TRANSPONDER, RECEIVER, RADIO, MODEM, OR
DEVICE THAT ENABLES THE USE OF A MODEM.
(Z) "TELECOMMUNICATIONS
SERVICE" MEANS THE PROVIDING, ALLOWING, FACILITATING, OR
GENERATING OF ANY FORM OF TELECOMMUNICATION THROUGH THE USE OF A
TELECOMMUNICATIONS DEVICE OVER A TELECOMMUNICATIONS SYSTEM.
(AA) "COUNTERFEIT
TELECOMMUNICATIONS DEVICE" MEANS A TELECOMMUNICATIONS DEVICE THAT,
ALONE OR WITH ANOTHER TELECOMMUNICATIONS DEVICE, HAS BEEN ALTERED,
CONSTRUCTED, MANUFACTURED, OR PROGRAMMED TO ACQUIRE, INTERCEPT, RECEIVE, OR
OTHERWISE
FACILITATE THE USE OF A TELECOMMUNICATIONS SERVICE WITHOUT THE
AUTHORITY OR CONSENT OF THE PROVIDER OF THE TELECOMMUNICATIONS
SERVICE. "COUNTERFEIT TELECOMMUNICATIONS DEVICE" INCLUDES, BUT
IS NOT LIMITED TO, A CLONE TELEPHONE, CLONE MICROCHIP, TUMBLER
TELEPHONE, TUMBLER MICROCHIP; A WIRELESS SCANNING DEVICE
CAPABLE OF ACQUIRING, INTERCEPTING, RECEIVING, OR OTHERWISE
FACILITATING THE USE OF TELECOMMUNICATIONS SERVICE WITHOUT
IMMEDIATE DETECTION; OR A DEVICE, EQUIPMENT, HARDWARE, OR SOFTWARE DESIGNED
FOR, OR CAPABLE OF, ALTERING OR CHANGING THE ELECTRONIC SERIAL NUMBER IN A
WIRELESS TELEPHONE.
Sec. 2913.04. (A) No person shall knowingly use or
operate the property of another without the consent of the owner
or person authorized to give consent.
(B) No person shall knowingly gain access to, attempt to gain
access to, or cause access to be gained to any computer,
computer system, or computer network, TELECOMMUNICATIONS
DEVICE, OR TELECOMMUNICATIONS SERVICE without the consent of, or
beyond the scope of the express or implied consent of, the owner
of the computer, computer system, or computer network,
TELECOMMUNICATIONS DEVICE, OR TELECOMMUNICATIONS SERVICE or other
person
authorized to give consent by the owner.
(C) The affirmative defenses contained in division (C) of
section 2913.03 of the Revised Code are affirmative defenses to a
charge under this section.
(D) Whoever violates division (A) of this
section is guilty of unauthorized use of property. Except as otherwise
provided in this division, unauthorized use of property is a misdemeanor of
the fourth degree.
If unauthorized use of property is committed for the purpose of devising or
executing a scheme to defraud or to obtain property or services, unauthorized
use of property is whichever of the following is applicable:
(1) Except as otherwise provided in division (D)(2), (3),
or (4) of this section, a misdemeanor of the first degree.
(2) If the value of the property or services or the loss to the victim is
five hundred dollars or more and is less than five thousand dollars, a felony
of the fifth degree.
(3) If the value of the property or services or the loss to the victim is
five thousand dollars or more and is less than one hundred thousand dollars, a
felony of the fourth degree.
(4) If the value of the property or services or the loss
to the victim is one hundred thousand dollars or more, a felony
of the third degree.
(E) Whoever violates division (B) of this section is
guilty of unauthorized use of computer OR TELECOMMUNICATION property, a
felony of the fifth degree.
Sec. 2913.05. (A) NO PERSON, WITH PURPOSE TO
DEFRAUD, SHALL
KNOWINGLY TRANSMIT OR CAUSE TO BE TRANSMITTED BY MEANS OF WIRE,
RADIO, SATELLITE, TELECOMMUNICATION, TELECOMMUNICATIONS DEVICE,
OR TELECOMMUNICATIONS SERVICE ANY WRITING, SIGN, SIGNAL, PICTURE,
SOUND, OR IMAGE.
(B) WHOEVER VIOLATES THIS
SECTION IS GUILTY OF TELECOMMUNICATIONS FRAUD. EXCEPT AS
OTHERWISE PROVIDED IN THIS DIVISION, TELECOMMUNICATIONS FRAUD IS
A FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE BENEFIT
OBTAINED BY THE OFFENDER OR OF THE DETRIMENT TO THE VICTIM OF
THE FRAUD IS FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE
HUNDRED THOUSAND DOLLARS, TELECOMMUNICATIONS FRAUD IS A FELONY OF
THE FOURTH DEGREE. IF THE VALUE OF THE BENEFIT OBTAINED BY THE
OFFENDER OR OF THE DETRIMENT TO THE VICTIM OF THE FRAUD IS ONE
HUNDRED THOUSAND DOLLARS OR MORE, TELECOMMUNICATIONS FRAUD IS A
FELONY OF THE THIRD DEGREE.
Sec. 2913.06. (A) NO PERSON SHALL MANUFACTURE,
POSSESS, DELIVER, OFFER TO DELIVER, OR ADVERTISE A COUNTERFEIT
TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE IT CRIMINALLY.
(B) NO PERSON SHALL
MANUFACTURE, POSSESS, DELIVER, OFFER TO DELIVER, OR ADVERTISE A
COUNTERFEIT TELECOMMUNICATIONS DEVICE WITH PURPOSE TO USE THAT DEVICE OR TO
ALLOW THAT DEVICE TO BE USED, OR KNOWING OR HAVING REASON TO
KNOW THAT ANOTHER PERSON MAY USE THAT DEVICE, TO DO ANY OF THE
FOLLOWING:
(1) OBTAIN OR ATTEMPT TO OBTAIN TELECOMMUNICATIONS SERVICE
WITH PURPOSE TO AVOID A LAWFUL CHARGE FOR THAT SERVICE OR AID
OR CAUSE ANOTHER PERSON TO OBTAIN OR ATTEMPT TO OBTAIN
TELECOMMUNICATIONS SERVICE WITH PURPOSE TO AVOID A LAWFUL CHARGE
FOR THAT SERVICE;
(2) CONCEAL THE EXISTENCE, PLACE OF ORIGIN, OR
DESTINATION OF A TELECOMMUNICATIONS SERVICE.
(C) WHOEVER VIOLATES THIS
SECTION IS GUILTY OF UNLAWFUL USE OF A TELECOMMUNICATIONS DEVICE,
A FELONY OF THE FIFTH DEGREE.
(D) THIS SECTION DOES NOT
PROHIBIT OR RESTRICT A PERSON WHO HOLDS AN AMATEUR SERVICE
LICENSE ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION FROM
POSSESSING A RADIO RECEIVER OR TRANSCEIVER THAT IS INTENDED
PRIMARILY OR EXCLUSIVELY FOR USE IN THE AMATEUR RADIO
SERVICE AND IS USED FOR LAWFUL PURPOSES.
(E) THIS SECTION DOES NOT PRECLUDE A PERSON FROM DISPUTING
CHARGES IMPOSED FOR TELECOMMUNICATIONS SERVICE BY THE PROVIDER OF
THAT SERVICE.
Sec. 2913.42. (A) No person, knowing the person has no privilege
to do so, and with purpose to defraud or knowing that the person is
facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or
mutilate any writing, computer software, data,
computer data, or record;
(2) Utter any writing or record, knowing it to have been
tampered with as provided in division (A)(1) of this section.
(B)(1) Whoever violates this section is guilty of tampering with records.
(2) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS
SECTION, IF the offense does not involve data, COMPUTER SOFTWARE, OR
COMPUTER DATA, tampering with records is
whichever of the following is applicable:
(a) If division (B)(2)(b) of this section does not apply, a misdemeanor of
the first degree;
(b) If the writing or record is a will unrevoked at the
time of the offense or a record kept by or belonging to a
governmental agency, a felony of the fifth degree.
(3) If EXCEPT AS PROVIDED IN DIVISION (B)(4) OF THIS
SECTION, IF the offense involves a violation of division (A) of
this section involving data, COMPUTER SOFTWARE, OR COMPUTER
DATA, tampering with records is whichever of the following is
applicable:
(a) Except as otherwise provided in division (B)(3)(b), (c), or (d) of this
section, a misdemeanor of the first degree;
(b) If the value of the data, COMPUTER SOFTWARE, OR COMPUTER
DATA involved in the offense
or the loss to the victim is five hundred dollars or more and is less than
five thousand dollars, a felony of the fifth degree;
(c) If the value of the data, COMPUTER SOFTWARE, OR COMPUTER
DATA involved in the offense or the loss to the
victim is five thousand dollars or more and is less than one hundred thousand
dollars, a felony of the fourth degree;
(d) If the value of the data, COMPUTER SOFTWARE, OR COMPUTER
DATA involved in the offense or
the loss to the victim is one hundred thousand dollars or more or if the
offense is committed for the purpose of
devising or executing a scheme to defraud or to obtain property
or services and the value of the property or services or the loss
to the victim is five thousand dollars or more, a felony
of the third degree.
(4) IF THE WRITING, DATA, COMPUTER SOFTWARE, COMPUTER DATA, OR
RECORD IS KEPT BY OR BELONGS TO A LOCAL, STATE, OR FEDERAL GOVERNMENTAL
ENTITY, A FELONY OF THE THIRD DEGREE.
Sec. 2913.61. (A) When a person is charged with a theft
offense involving property or services valued at five
hundred dollars or more, a theft offense
involving property or services valued at five hundred dollars or
more and less than five thousand dollars, a theft offense involving
property or services valued at five
thousand dollars or more and less than one hundred thousand dollars, or a
theft offense involving property or services valued at one hundred thousand
dollars or more, the jury or court trying the accused
shall determine the value of the property or services as of the
time of the offense and, if a guilty verdict is returned,
shall return the finding of value as part of the verdict. In any
case in which the jury or court determines that the value of the property
or services at the time of the offense was five hundred dollars or more,
it is unnecessary to find and return the exact value, and it is
sufficient if the finding and return is to the effect that the value of the
property or services involved was, five hundred dollars or more and less than
five thousand dollars, was five thousand dollars or more and less than one
hundred thousand dollars, or was one hundred thousand dollars or more.
(B) Where more than one item of property or services is
involved in a theft offense, the value of the property or
services involved for the purpose of determining the value as
required by division (A) of this section, is the aggregate value
of all property or services involved in the offense.
(C)(1) When a series of offenses under section 2913.02 of the
Revised Code is committed by the offender in the offender's same
employment, capacity, or relationship to another, all such offenses shall be
tried as a single offense, and the value of the property or services involved
for the purpose of determining the value as
required by division (A) of this section, is the aggregate value
of all property and services involved in all offenses in the
series. In prosecuting a single offense under this division, it
is not necessary to separately allege and prove each offense in
the series. It is sufficient to allege and prove that the
offender, within a given span of time, committed one or more
theft offenses in the offender's same employment, capacity, or
relationship to another.
(2) IF AN OFFENDER IS BEING TRIED FOR THE
COMMISSION OF A SERIES OF OFFENSES UNDER SECTION 2913.02 OF THE
REVISED
CODE AGAINST MORE THAN ONE
VICTIM PURSUANT TO A SCHEME OR COURSE OF CONDUCT,
THE VALUE OF THE
PROPERTY OR SERVICES INVOLVED, FOR THE PURPOSE OF DETERMINING
THE VALUE AS REQUIRED BY DIVISION (A) OF THIS SECTION, IS THE
AGGREGATE VALUE OF ALL PROPERTY AND SERVICES INVOLVED IN THE
SERIES OF OFFENSES.
(D) The following criteria shall be used in determining
the value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item,
antique, museum piece, manuscript, document, record, or other
thing that has intrinsic worth to its owner and
that either is
irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, is the amount that would
compensate the owner for its loss.
(2) The value of personal effects and household goods, and
of materials, supplies, equipment, and fixtures used in the
profession, business, trade, occupation, or avocation of its
owner, which property is not covered under division (D)(1) of
this section and which retains substantial utility for its
purpose regardless of its age or condition, is the cost of
replacing the property with new property of like kind and
quality.
(3) The value of any property, real or personal, not
covered under division (D)(1) or (2) of this section, and the
value of services, is the fair market value of the property or
services. As used in this section, "fair market value" is the
money consideration that a buyer would give and a seller would
accept for property or services, assuming that the buyer is
willing to buy and the seller is willing to sell, that both are
fully informed as to all facts material to the transaction, and
that neither is under any compulsion to act.
(E) Without limitation on the evidence that may be used to establish the
value of property or services involved in a theft offense:
(1) When the property involved is personal property held
for sale at wholesale or retail, the price at which the property
was held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity
traded on an exchange, the closing price or, if there is no
closing price, the asked price, given in the latest market
quotation prior to the offense, is prima-facie evidence of the
value of the security or commodity.
(3) When the property involved is livestock, poultry, or
raw agricultural products for which a local market price is
available, the latest local market price prior to the offense is
prima-facie evidence of the value of the livestock, poultry, or
products.
(4) When the property involved is a negotiable instrument,
the face value is prima-facie evidence of the value of the
instrument.
(5) When the property involved is a warehouse receipt,
bill of lading, pawn ticket, claim check, or other instrument
entitling the holder or bearer to receive property, the face
value or, if there is no face value, the value of the property
covered by the instrument less any payment necessary to receive
the property, is prima-facie evidence of the value of the
instrument.
(6) When the property involved is a ticket of admission,
ticket for transportation, coupon, token, or other instrument
entitling the holder or bearer to receive property or services,
the face value or, if there is no face value, the value of the
property or services that may be received thereby, is
prima-facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity,
water, telephone, transportation, shipping, or other services for
which the rate is established by law, the duly established rate
is prima-facie evidence of the value of the services.
(8) When the services involved are services for which the
rate is not established by law, and the offender has been
notified prior to the offense of the rate for the services,
either in writing, or orally, or by posting in a manner
reasonably calculated to come to the attention of potential
offenders, the rate contained in the notice is prima-facie
evidence of the value of the services.
Sec. 2917.21. (A) No person shall knowingly make or cause
to be made a telephone call TELECOMMUNICATION, or knowingly
permit a telephone call TELECOMMUNICATION to be made from a
telephone TELECOMMUNICATIONS DEVICE under the person's control,
to another, if the caller does any of the following:
(1) Fails to identify the caller to the recipient of the
telephone call TELECOMMUNICATION and makes the telephone
call TELECOMMUNICATION with purpose to
harass, abuse, or annoy any person at the premises to which the telephone
call TELECOMMUNICATION is made, whether or not conversation
ACTUAL COMMUNICATION takes place during the telephone call
BETWEEN THE CALLER AND A RECIPIENT;
(2) Describes, suggests, requests, or proposes that the
caller, recipient of the telephone call TELECOMMUNICATION, or
any other person engage in, any sexual activity as defined in
division (C) of
section 2907.01 of the Revised Code, and the recipient of the
telephone call, or another person at the premises to which the
telephone call TELECOMMUNICATION is made, has requested,
in a previous telephone
call TELECOMMUNICATION or in the immediate telephone call
TELECOMMUNICATION, the caller not to make a telephone call
TELECOMMUNICATION to the recipient of the telephone call or to
the premises to which the telephone call TELECOMMUNICATION is
made;
(3) During the telephone call TELECOMMUNICATION, violates
section 2903.21 of the Revised Code;
(4) Knowingly states to the recipient of the telephone
call TELECOMMUNICATION that the caller intends to cause damage to
or destroy public or private property, and the recipient of the telephone
call, any
member of the RECIPIENT'S family of the recipient of the telephone
call, or
any other person who resides at the premises to which the
telephone call TELECOMMUNICATION is made owns, leases, resides,
or works in, will
at the time of the destruction or damaging be near or in, has the
responsibility of protecting, or insures the property that will
be destroyed or damaged;
(5) Knowingly makes the telephone call TELECOMMUNICATION to the
recipient of the telephone call TELECOMMUNICATION, to another
person at the premises to which
the telephone call TELECOMMUNICATION is made, or to the
THOSE premises to which the
telephone call is made, and the recipient of the telephone call, or
another person at the premises to which the telephone call is
made, previously has told the caller not to call MAKE A
TELECOMMUNICATION TO the premises to which the telephone call is
made or not to call any persons at the premises to which
the telephone call is made.
(B) No person shall make or cause to be made a telephone
call TELECOMMUNICATION, or permit a telephone call
TELECOMMUNICATION to be made from a telephone
TELECOMMUNICATIONS DEVICE under the person's control, with purpose to
abuse, threaten, annoy, or harass another person.
(C) Whoever violates this section is guilty of telephone
TELECOMMUNICATION harassment, a misdemeanor of the first degree on a
first offense and a
felony of the fifth degree on each subsequent offense involving the
same person CALLER, recipient, or premises.
(D) AS USED IN THIS SECTION:
(1) "CALLER" MEANS THE PERSON DESCRIBED IN DIVISION
(A) OF THIS SECTION WHO MAKES
OR CAUSES TO BE MADE A TELECOMMUNICATION OR WHO PERMITS A
TELECOMMUNICATION TO BE MADE FROM A TELECOMMUNICATIONS DEVICE
UNDER THAT PERSON'S CONTROL.
(2) "TELECOMMUNICATION" AND "TELECOMMUNICATIONS DEVICE"
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE
REVISED
CODE.
(3) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION
2907.01 OF THE REVISED
CODE.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of
the Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a
trust in which the trustee holds title to personal or real
property;
(2) The interest of a person as a beneficiary under any
other trust arrangement under which any other person holds title
to personal or real property for the benefit of such person;
(3) The interest of a person under any other form of
express fiduciary arrangement under which any other person holds
title to personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as
well as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2923.32 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more
incidents of corrupt activity, whether or not there has been a
prior conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall
occur on or after January 1, 1986. Unless any incident was an
aggravated murder or murder, the last of the incidents forming
the pattern shall occur within six years after the commission of
any prior incident forming the pattern, excluding any period of
imprisonment served by any person engaging in the corrupt
activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United States or of any other state, shall
constitute a felony under the law of the United States or
the other state and would be a criminal offense under the law of this
state if committed in this state.
(F) "Pecuniary value" means money, a negotiable
instrument, a commercial interest, or anything of value, as
defined in section 1.03 of the Revised Code, or any other
property or service that has a value in excess of one hundred
dollars.
(G) "Person" means any person, as defined in section 1.59
of the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05, 2913.06,
2921.02,
2921.03,
2921.04, 2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43,
2923.12, or 2923.17; division (F)(1)(a), (b), or (c) of section
1315.53; division (A)(1) or (2) of section 1707.042; division (B),
(C)(4), (D), (E), or (F) of section 1707.44; division
(A)(1) or (2) of section 2923.20; division (J)(1) of
section 4712.02; section 4719.02, 4719.05, or 4719.06; division (C), (D), or
(E) of section 4719.07; section 4719.08; or division (A) of section 4719.09 of
the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs on or after
July 1, 1996, and that, had it occurred prior to that date, would have been a
violation of section 3769.11 of the Revised Code
as it existed prior to that date, or any violation of section 2915.05 of the
Revised Code that occurs on or after July 1, 1996, and
that, had it occurred prior to that date, would
have been a violation of section 3769.15, 3769.16, or 3769.19 of the Revised
Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 of the
Revised Code, any violation of section 2925.11 of the Revised Code that is a
felony of the first, second, third, or fourth degree and that occurs on or
after July 1, 1996, any violation of section 2915.02 of the Revised Code
that occurred prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had it occurred
prior to that date, would not
have been a violation of section 3769.11 of the Revised Code as it existed
prior to that date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of section 2915.05 of the Revised Code as it
exists on and after July 1, 1996, when the proceeds of the violation, the
payments made in the violation, the amount of a claim for payment or for
any other benefit that is false or deceptive and that is involved
in the violation, or the value of the contraband or other
property illegally possessed, sold, or purchased in the violation
exceeds five hundred dollars, or any combination of violations described in
division (I)(2)(c) of this section when the total proceeds of the combination
of violations, payments made in the combination of violations,
amount of the claims for payment or for other benefits that is
false or deceptive and that is involved in the combination of
violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed, sold, or purchased in the violation or combination of
violations exceeds five hundred dollars;
(f) Any combination of violations described in division (I)(2)(c) of this
section and violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the combination of violations, payments made in
the combination of violations, amount of the claims for payment
or for other benefits that is false or deceptive and that is
involved in the combination of violations, or value of the
contraband or other property illegally possessed, sold, or
purchased in the combination of violations exceeds five hundred
dollars.
(3) Conduct constituting a violation of any law of any
state other than this state that is substantially similar to the
conduct described in division (I)(2) of this section, provided
the defendant was convicted of the conduct in a criminal
proceeding in the other state.
(J) "Real property" means any real property or any
interest in real property, including, but not limited to, any
lease of, or mortgage upon, real property. Real property and any
beneficial interest in it is deemed to be located where the real
property is located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which
the trustee holds title to personal or real property;
(2) Any person who holds title to personal or real
property for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with the will annexed, testamentary trustee, guardian, or
committee, appointed by, under the control of, or accountable
to a court.
(L) "Unlawful debt" means any money or other thing of
value constituting principal or interest of a debt that is
legally unenforceable in this state in whole or in part because
the debt was incurred or contracted in violation of any federal
or state law relating to the business of gambling activity or
relating to the business of lending money at an usurious rate
unless the creditor proves, by a preponderance of the evidence,
that the usurious rate was not intentionally set and that it
resulted from a good faith error by the creditor, notwithstanding
the maintenance of procedures that were adopted by the creditor
to avoid an error of that nature.
Section 2. That existing sections 2901.01, 2901.11, 2901.12,
2907.01, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2913.01, 2913.04, 2913.42, 2913.61, 2917.21, and
2923.31 of the Revised Code are hereby repealed.
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