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(123rd General Assembly)(Substitute House Bill Number 2)
AN ACT
To amend sections 301.27, 2913.01, 2913.02, 2913.03, 2913.04, 2913.21,
2913.31, 2913.43, and 2913.61 and to enact
section 2913.73 of the Revised Code to enhance the penalty
for committing the offenses of theft, unauthorized use of a vehicle,
unauthorized use of
property, misuse of credit cards in specified circumstances, fraud, and
securing writings by deception when the
victim of the offense is an elderly person or disabled adult,
to permit
for sentencing purposes the aggregation in accordance with specific statutory
guidelines of all property, services, losses to
the victims, and debts for which credit cards are held for security
involved in the commission of any of those offenses as part of a course of
conduct
involving those theft offenses
when the victim of the offense is an elderly person or
disabled adult, and to permit
evidence that a victim lacked the capacity
to give consent to be admitted in the prosecution of a theft
offense to show that the victim did
not give consent.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 301.27, 2913.01, 2913.02, 2913.03, 2913.04, 2913.21,
2913.31,
2913.43, and 2913.61 be amended and section 2913.73 of the Revised Code be
enacted to read as follows:
Sec. 301.27. (A) As used in this section: (1) "Credit card" includes a gasoline credit card and a
telephone credit card. (2) "Officer" includes an individual who also is an
appointing authority. (3) "Gasoline and oil expenses," "minor motor vehicle
maintenance expenses," and "emergency motor vehicle repair
expenses" refer to only those expenses incurred for motor
vehicles owned or leased by the county. (B) A credit card held by a board of county commissioners
or the office of any other county appointing authority shall be
used only to pay work-related food, transportation, gasoline and oil, minor
motor
vehicle maintenance, emergency motor vehicle repair, telephone, lodging, and
internet service provider expenses. (C) A county appointing authority may apply to the board
of county commissioners for authorization to have an officer or
employee of the appointing authority use a credit card held by
that appointing authority. The authorization request shall state
whether the card is to be issued only in the name of the office
of the appointing authority itself or whether the issued card
shall also include the name of a specified officer or employee. (D) The debt incurred as a result of the use of a credit
card pursuant to this section shall be paid from moneys
appropriated to the appointing authority for work-related food,
transportation,
gasoline and oil, minor motor vehicle maintenance, emergency
motor vehicle repair, telephone, lodging, and internet service provider
expenses. (E)(1) Except as otherwise provided in division (E)(2) of
this section, every officer or employee authorized to use a
credit card held by the board or appointing authority shall
submit to the board by the first day of each month an estimate of
the officer's or employee's work-related food, transportation, gasoline and
oil, minor motor vehicle
maintenance, emergency motor vehicle repair, telephone, lodging, and internet
service provider expenses for that month, unless the
board authorizes, by
resolution, the officer or employee to submit to the board such
an estimate for a period longer than one month. The board may
revise the estimate and determine the amount it approves, if any,
not to exceed the estimated amount. The board shall certify the
amount of its determination to the county auditor along with the
necessary information for the auditor to determine the
appropriate appropriation line item from which such expenditures
are to be made. After receiving certification from the county
auditor that the determined sum of money is in the treasury or in
the process of collection to the credit of the appropriate
appropriation line item for which the credit card is approved for
use, and is free from previous and then-outstanding obligations
or certifications, the board shall authorize the officer or
employee to incur debt for such expenses against the county's
credit up to the authorized amount. (2) In lieu of following the procedure set forth in
division (E)(1) of this section, a board of county commissioners
may adopt a resolution authorizing an officer or employee of an
appointing authority to use a county credit card to pay for
specific classes of the work-related expenses listed in division
(B) of this section, or use a specific credit card for any of
those work-related expenses listed in division (B) of this
section, without submitting an estimate of those expenses to the
board as required by division (E)(1) of this section. Prior to
adopting the resolution, the board shall notify the county
auditor. The resolution shall specify whether the officer's or
employee's exemption extends to the use of a specific card, which
card shall be identified by its number, or to one or more
specific work-related uses from the classes of uses permitted
under division (B) of this section. Before any credit card
exempted for specific uses may be used to make purchases for
uses other than those specific uses listed in the resolution, the
procedures outlined in division (E)(1) of this section must be
followed or the use shall be considered an unauthorized use. Use
of any credit card under division (E)(2) of this section shall be
limited to the amount appropriated and encumbered in a specific
appropriation line item for the permitted use or uses designated
in the authorizing resolution, or, in the case of a resolution
that authorizes use of a specific credit card, for each of the
permitted uses listed in division (B) of this section, but only
to the extent the moneys in such appropriations are not otherwise
encumbered. (F)(1) Any time a county credit card approved for use for
an authorized amount under division (E)(1) of this section is
used for more than that authorized amount, the appointing
authority may request the board of county commissioners to
authorize after the fact the expenditure of any amount charged
beyond the originally authorized amount if, upon the board's
request, the county auditor certifies that sum of money is in the
treasury or in the process of collection to the credit of the
appropriate appropriation line item for which the credit card was
used and is free from previous and then-outstanding obligations
or certifications. If the card is used for more than the amount
originally authorized and if for any reason that amount is not
authorized after the fact, then the county treasury shall be
reimbursed for any amount spent beyond the originally authorized
amount in the following manner: (a) If the card is issued in the name of a specific
officer or employee, then that officer or employee is liable in
person and upon any official bond the officer or employee has
given to the county to
reimburse the county treasury for the amount charged to the
county beyond the originally authorized amount. (b) If the card was issued to the office of the appointing
authority, then the appointing authority is liable in person and
upon any official bond the appointing authority has given to
the county for the amount
charged to the county beyond the originally authorized amount. (2) Any time a county credit card authorized for use under
division (E)(2) of this section is used for more than the amount
appropriated under that division, the appointing authority may
request the board of county commissioners to issue a supplemental
appropriation or make a transfer to the proper line item account
as permitted in section 5705.40 of the Revised Code, to cover the
amount charged beyond the originally appropriated amount. If the
card is used for more than the amount originally appropriated and
if for any reason that amount is not appropriated or transferred
as permitted by this section, then the county treasury shall be
reimbursed for any amount spent beyond the originally
appropriated amount in the following manner: (a) If the card is issued in the name of a specific
officer or employee, then that officer or employee is liable in
person and upon any official bond the officer or employee has
given to the county for
reimbursing the county treasury for any amount charged on the
card beyond the originally appropriated amount. (b) If the card is issued in the name of the office of the
appointing authority, then the appointing authority is liable in
person and upon any official bond the appointing authority
has given to the county for
reimbursement for any amount charged on the card beyond the
originally appropriated amount. (3) Whenever any officer or employee authorized to use a
credit card held by the board or the office of any other county
appointing authority suspects the loss, theft, or possibility of
unauthorized use of the county credit card the officer or
employee is authorized to
use, the officer or employee shall so notify
the officer's or employee's appointing authority or the board
immediately and in writing. (4) If the county auditor determines there has been a
credit card expenditure beyond the appropriated or authorized
amount as provided in division (E) of this section, the auditor
immediately shall notify the board of county
commissioners of this
fact. When the board of county commissioners determines on its
own or after notification from the county auditor that the county
treasury should be reimbursed for credit card expenditures beyond
the appropriated or authorized amount as provided in divisions
(F)(1) and (2) of this section, it shall give written notice to
the officer or employee or appointing authority
liable to the
treasury as provided in divisions (F)(1) and (2) of this section.
If, within thirty days after issuance of this written notice the
county treasury is not reimbursed for the amount shown on the
written notice, the prosecuting attorney of the county shall
recover that amount from the officer or employee or appointing
authority who is liable under this section by civil action in any
court of appropriate jurisdiction. (G) Use of a county credit card for any use other than
those permitted under division (B) of this section is a violation
of law for the purposes of division (D) of section
2913.21 of the Revised Code. Sec. 2913.01. As used in this chapter, unless the context requires
that a term be given a different meaning: (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, 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, dissemination, 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 or information
service without the
authority or consent of the provider of the telecommunications
service or information service. "Counterfeit telecommunications device"
includes, but
is not limited to, a clone telephone, clone microchip, tumbler
telephone, or tumbler microchip; a wireless scanning device
capable of acquiring, intercepting, receiving, or otherwise
facilitating the use of telecommunications service or information 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. (BB)(1) "Information
service" means, subject to division
(BB)(2) of this section, the
offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making
available information via telecommunications, including, but not
limited to, electronic publishing. (2) "Information service" does not include any use of a
capability of a type described in division
(BB)(1) of this section for the
management, control, or operation of a telecommunications system
or the management of a telecommunications service. (CC) "Elderly person" means a person who is sixty-five
years of age or older. (DD) "Disabled adult" means a person who is eighteen years of age
or older
and has some impairment of body or mind that makes the person unfit to work
at any substantially remunerative employment that the person
otherwise would be able to perform and that will, with reasonable
probability, continue for a period of at least twelve months
without any present indication of recovery from the impairment, or who is
eighteen years of age or older and has been certified as permanently and
totally disabled by an agency
of this state or the United States that has the function of
so classifying persons. (EE) "Firearm" and "dangerous ordnance" have the same meanings as
in section 2923.11 of the Revised Code. (FF) "Motor vehicle" has the same meaning as in section 4501.01
of the Revised Code. (GG) "Dangerous drug" has the same meaning as in section 4729.01
of the Revised Code. (HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code. Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways: (1) Without the consent of the owner or person authorized
to give consent; (2) Beyond the scope of the express or implied consent of
the owner or person authorized to give consent; (3) By deception; (4) By threat; (5) By intimidation. (B)(1) Whoever violates this section is guilty of theft.
Except (2) Except as
otherwise
provided in this division or division (B)(3), (4), (5), or (6) of
this section, a violation of this section is petty theft, a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars or if the property stolen is any of the
property listed in section 2913.71 of the Revised Code, a
violation of this section is theft, a felony of the fifth
degree. If the value of the property or services stolen is five
thousand dollars or more and is less than one hundred thousand
dollars or if the property stolen is a firearm or dangerous ordnance,
as defined in section 2923.11 of the Revised Code, a violation of this
section is grand theft, a felony of the fourth degree. If the property
stolen
is a motor vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a felony of the
fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more, a
violation of this section is aggravated theft, a felony of the
third degree. If (3) Except as otherwise provided in division (B)(4),
(5), or (6)
of this section, if the victim of the offense is an elderly person or
disabled adult, a violation
of this section is theft from an elderly person or disabled adult, and
division (B)(3) of this section applies. Except as
otherwise provided in this division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, theft from an elderly person or disabled
adult is a felony of the fourth degree. If the value of the
property or services stolen is five thousand dollars or more and
is less than twenty-five thousand dollars, theft from an elderly
person or disabled adult is a felony of the third degree. If the
value of the property or services stolen is twenty-five thousand
dollars or more,
theft from an elderly person or disabled adult is a felony of the
second degree. (4) If the property stolen is a firearm or dangerous ordnance,
a violation of
this section is grand theft, a felony of the fourth degree. (5) If the property stolen is a motor vehicle,
a violation of this section
is grand theft of a motor vehicle, a felony of the fourth degree. (6) If
the property stolen is any dangerous drug, as
defined in section 4729.01 of the Revised Code, a
violation of
this section is theft of drugs, a felony of the fourth degree,
or, if the offender previously has been convicted of a felony
drug abuse offense, as defined in section 2925.01 of the Revised
Code, a felony of the third degree. Sec. 2913.03. (A) No person shall knowingly use or
operate an aircraft, motor vehicle, motorcycle, motorboat, or
other motor-propelled vehicle without the consent of the owner or
person authorized to give consent. (B) No person shall knowingly use or operate an aircraft,
motor vehicle, motorboat, or other motor-propelled vehicle
without the consent of the owner or person authorized to give
consent, and either remove it from this state or keep possession
of it for more than forty-eight hours. (C) The following are affirmative defenses to a charge
under this section: (1) At the time of the alleged offense, the actor, though
mistaken, reasonably believed that the actor was authorized to use
or operate the property. (2) At the time of the alleged offense, the actor
reasonably believed that the owner or person empowered to give
consent would authorize the actor to use or operate the property. (D)(1) Whoever violates this section is guilty of
unauthorized use of a vehicle. A (2) Except as otherwise provided in division (D)(4) of
this section, a violation of division (A)
of this section is a misdemeanor of the first degree. A (3) Except as otherwise provided in division (D)(4)
of this section, a violation of division
(B) of this section is a felony of the fifth degree. (4) If the victim of the offense is an elderly person or
disabled adult and if the victim incurs a
loss as a result of the violation, a violation of division (A) or
(B) of this section is whichever of the following is applicable: (a) Except as otherwise provided in division
(D)(4)(b), (c), (d), or
(e) of this section, a felony of the fifth degree; (b) If the loss to the victim is five hundred dollars or more and
is less than five thousand dollars, a felony of the fourth degree; (c) If the loss to the victim is five thousand dollars or more
and is less than twenty-five thousand dollars, a felony of the third degree; (d) If the loss to the victim is twenty-five thousand dollars or
more, a felony of the second degree. 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, computer network, telecommunications
device, telecommunications service, or information service without the
consent of, or beyond the scope of the express or implied consent of, the
owner of the computer, computer system, computer network,
telecommunications device, telecommunications service, or information
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)(1) Whoever violates division (A) of this
section is guilty of unauthorized use of property. Except (2) Except as otherwise
provided in this division (D)(3) or (4) of this
section, unauthorized use of property is a misdemeanor of
the fourth degree. If (3) Except as otherwise provided in division
(D)(4) of this section, 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)(a) Except as otherwise provided in division
(D)(2), (3),
or (4) (b), (c), or (d) of this section, a
misdemeanor of the first degree.
(2)(b) 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)(c) 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)(d) 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.
(4) If the victim of the offense is an elderly person or
disabled adult, unauthorized use of property
is whichever of the
following is applicable: (a) Except as otherwise provided in division
(D)(4)(b), (c), (d), or
(e) of this section, a felony
of the fifth degree; (b) If the value of the property or services or loss to the
victim is five hundred dollars or more and is less than five thousand dollars,
a felony of the fourth degree; (c) If the value of the property or services or loss to the
victim is five thousand dollars or more and is less than twenty-five thousand
dollars,
a felony of the third degree; (d) If the value of the property or services or loss to the
victim is twenty-five thousand dollars or more,
a felony of the second 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. 2913.21. (A) No person shall do any of the
following: (1) Practice deception for the purpose of procuring the
issuance of a credit card, when a credit card is issued in actual
reliance thereon; (2) Knowingly buy or sell a credit card from or to a
person other than the issuer. (B) No person, with purpose to defraud, shall do any of
the following: (1) Obtain control over a credit card as security for a
debt; (2) Obtain property or services by the use of a credit
card, in one or more transactions, knowing or having reasonable
cause to believe that the card has expired or been revoked, or
was obtained, is retained, or is being used in violation of law; (3) Furnish property or services upon presentation of a
credit card, knowing that the card is being used in violation of
law; (4) Represent or cause to be represented to the issuer of
a credit card that property or services have been furnished,
knowing that the representation is false. (C) No person, with purpose to violate this section, shall
receive, possess, control, or dispose of a credit card. (D)(1) Whoever violates this section is guilty of misuse
of credit cards. (2) A Except as otherwise provided in division (D)(4) of
this section, a violation of division (A), (B)(1), or (C) of this
section is a misdemeanor of the first degree. (3) Except as otherwise provided in this division or division
(D)(4) of this section, a violation of division
(B)(2), (3), or (4) of this section is a misdemeanor of the first degree. If
the cumulative retail value of the property and services involved in one or
more
violations of division (B)(2), (3), or (4) of this section, which
violations involve one or more credit card accounts and occur
within a period of ninety consecutive days commencing on the date
of the first violation, is five hundred dollars or more and is
less than five thousand dollars, misuse of credit
cards in violation of any of those divisions is a felony of the
fifth degree. If the cumulative retail
value of the property and services involved in one or more
violations of division (B)(2), (3), or (4) of this section, which
violations involve one or more credit card accounts and occur
within a period of ninety consecutive days commencing on the date
of the first violation, is five thousand dollars or more and is
less than one hundred thousand dollars,
misuse of credit cards in violation of any of those divisions is a
felony of the fourth degree. If the
cumulative retail value of the property and services involved in
one or more violations of division (B)(2), (3), or (4) of this
section, which violations involve one or more credit card
accounts and occur within a period of ninety consecutive days
commencing on the date of the first violation, is one hundred
thousand dollars or more, misuse of credit cards in violation
of any of those divisions is a felony
of the third degree. (4) If the victim of the offense is an elderly person or
disabled adult, and if the offense involves
a violation of division (B)(1) or (2) of this section, division
(D)(4) of this section applies. Except as otherwise provided in
division (D)(4) of this section, a violation of division
(B)(1) or (2) of this section is a felony of the fifth degree. If
the debt for which the card is held as security or the cumulative retail value
of the property or services involved in the violation is five hundred dollars
or more and is less than five thousand dollars, a violation of either of those
divisions is a felony of the fourth degree. If the debt for which the card is
held as security or the cumulative retail value of the property or services
involved in the violation is five thousand dollars or more and is less than
twenty-five thousand dollars, a violation of either of those divisions is a
felony of the third degree. If the debt for which the card is held as
security or the cumulative retail value of the property or services involved
in the violation is twenty-five thousand dollars or more,
a violation of either of those divisions is a felony
of the second degree. Sec. 2913.31. (A) No person, with purpose to defraud, or
knowing that the person is facilitating a fraud, shall do any of the
following: (1) Forge any writing of another without the other person's
authority; (2) Forge any writing so that it purports to be genuine
when it actually is spurious, or to be the act of another who did
not authorize that act, or to have been executed at a time or
place or with terms different from what in fact was the case, or
to be a copy of an original when no such original existed; (3) Utter, or possess with purpose to utter, any writing
that the person knows to have been forged. (B) No person shall knowingly do either of the following: (1) Forge an identification card; (2) Sell or otherwise distribute a card that purports to
be an identification card, knowing it to have been forged. As used in this division, "identification card" means a
card that includes personal information or characteristics of an
individual, a purpose of which is to establish the identity of
the bearer described on the card, whether the words "identity,"
"identification," "identification card," or other similar words
appear on the card. (C)(1)(a) Whoever violates division (A) of this section is
guilty of forgery. Except (b) Except as otherwise provided in this
division or division (C)(1)(c) of this
section, forgery is a felony of the fifth degree.
If property or services are involved in the offense or the victim suffers a
loss and if, forgery is one of the following: (i) 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,
forgery
is a felony of the fourth degree. If property or services are involved
in the
offense or the victim suffers a loss and if; (ii) If the value of the property or
services or
the loss to the victim is one hundred thousand dollars or more, forgery
is
a felony of the third degree. (c) If the victim of the offense is an elderly person or
disabled adult, division (C)(1)(c) of this section
applies to the forgery. Except as
otherwise provided in division (C)(1)(c) of this
section, forgery is a felony of the fifth
degree. If property or services are involved in the offense or if the
victim suffers a loss, forgery is one of the following: (i) 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 fourth
degree; (ii) If
the value of the property or
services or the loss to the victim is five thousand dollars or
more and is less than twenty-five thousand dollars, a
felony of the third degree; (iii) If the value of
the property or services or the loss to the victim is twenty-five
thousand dollars or more, a felony of the second degree. (2) Whoever violates division (B) of this section is
guilty of forging identification cards or selling or distributing
forged identification cards. Except as otherwise provided
in this division, forging identification cards or selling or distributing
forged identification cards is a misdemeanor of the first degree.
If the offender previously has been convicted of a violation of
division (B) of this section, forging identification
cards or selling or
distributing forged identification cards is a misdemeanor of the
first degree and, in addition, the court shall impose upon the
offender a fine of not less than two hundred fifty dollars. Sec. 2913.43. (A) No person, by deception, shall cause
another to execute any writing that disposes of or encumbers
property, or by which a pecuniary obligation is incurred. (B)(1) Whoever violates this section is guilty of securing writings
by
deception. Except (2) Except as otherwise provided in this division or
division (B)(3) of this section, securing
writings
by deception is a misdemeanor of the first degree. If the value of the
property or the obligation involved is five hundred dollars or more and less
than five thousand dollars, securing writings by deception is a felony of the
fifth degree. If the value of the property or the obligation involved is five
thousand dollars or more and is less than one hundred thousand dollars,
securing writings by deception is a felony of the fourth degree. If the value
of the property or the obligation involved is one hundred thousand dollars or
more, securing writings by deception is a felony of the third degree. (3) If the victim of the offense is an elderly person or
disabled adult, division
(B)(3) of this section
applies. Except as otherwise provided in division (B)(3) of this
section, securing writings by
deception is a felony of the fifth degree. If the value of the property or
obligation involved is
five hundred dollars or more and is less than five thousand
dollars, securing writings by deception is a felony of the fourth
degree. If the value of the property or obligation involved is
five thousand dollars or more and is less than twenty-five
thousand dollars, securing writings by deception is a felony of
the third degree. If the value of the property or obligation
involved is twenty-five thousand dollars or more,
securing writings by deception is a felony of the second 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 twenty-five thousand dollars, a
theft offense involving property or services valued at twenty-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
twenty-five thousand dollars, was twenty-five thousand dollars or more and
less than one
hundred thousand dollars, or was one hundred thousand dollars or more. (B) If 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,
or a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations of section
2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section
2913.21, or section 2913.31 or 2913.43 of the Revised Code involving a victim who is an
elderly person or disabled adult,
is committed by the offender in the offender's same
employment, capacity, or relationship to another, all of
those 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,
or a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations of section
2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section
2913.21, or section 2913.31 or 2913.43 of the Revised Code, whether committed against one
victim or more than one victim, involving a victim who is an
elderly person or disabled adult,
pursuant to a scheme or course of conduct,
all of those offenses may 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 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 real or personal property
that is 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 by the
instrument 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, 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. 2913.73. In a prosecution for any alleged violation of a provision of
this
chapter, if the lack of consent of the victim is an element of the
provision that allegedly was violated, evidence that, at the time of the
alleged violation, the
victim lacked the capacity to give consent is admissible to show that the
victim did not give consent. AS USED IN THIS SECTION, "LACKS THE CAPACITY TO CONSENT" MEANS
BEING IMPAIRED FOR ANY REASON TO THE EXTENT THAT THE PERSON LACKS
SUFFICIENT UNDERSTANDING OR CAPACITY TO MAKE AND CARRY OUT
REASONABLE DECISIONS CONCERNING THE PERSON OR THE PERSON'S
RESOURCES. SECTION 2 . That existing sections 301.27, 2913.01, 2913.02, 2913.03, 2913.04,
2913.21, 2913.31, 2913.43, and 2913.61 of the Revised Code are hereby
repealed.
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