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(123rd General Assembly)(Substitute House Bill Number 263)
AN ACT
To amend section 2913.41 of the Revised Code to apply to the hiring or rental
of any property or equipment an existing list of activities that constitute in
certain theft prosecutions prima-facie evidence of a purpose to defraud.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 2913.41 of the Revised Code be amended to read as
follows:
Sec. 2913.41. In a prosecution of a person
for a theft offense that alleges that the
person, with purpose to defraud or
knowing that the person was facilitating a fraud, hired or rented an
aircraft, motor
vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, or
buggy, or other property or equipment,
kept or operated any of the same that has been hired or rented, or
engaged
accommodations at a hotel, motel, inn, campground, or other hostelry, it is
prima-facie evidence of purpose to defraud if the person did any of the
following: (A) Used deception to induce the rental agency to furnish the person with the
aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer,
horse, or buggy, or other property or equipment, or used
deception to induce the hostelry to furnish the
person with accommodations; (B) Hired or rented any aircraft, motor vehicle, motorcycle,
motorboat, sailboat,
camper, trailer, horse, or buggy, or other property or
equipment, or engaged accommodations, knowing the
person was without sufficient means to pay the hire or rental; (C) Absconded without paying the hire or rental; (D) Knowingly failed to pay the hire or rental as required by the contract of
hire or rental, without reasonable excuse for such failure; (E) Knowingly failed to return hired or rented property as required by
the contract of
hire or rental, without reasonable excuse for the failure. SECTION 2 . That existing section 2913.41 of the Revised Code is hereby
repealed.
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