130th Ohio General Assembly
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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  That existing section 2913.41 of the Revised Code is hereby repealed.

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