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Am. Sub. S. B. No. 146As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Austria, Harris, Randy Gardner, Schuring, Goodman, Robert Gardner, Jacobson, Stivers, Amstutz, Brady, Spada
REPRESENTATIVES Collier, Willamowski, D. Evans, Faber, Barrett, Chandler, Cirelli, Domenick, C. Evans, Fessler, Flowers, Gibbs, Gilb, Hughes, Kearns, Latta, McGregor, Miller, Olman, T. Patton, Perry, Reidelbach, Schaffer, Slaby, G. Smith, Walcher, Widener, Wilson, Wolpert
A BILL
To amend sections 2901.04, 2909.01, 2909.04, 2909.07, 2913.01, and 2913.04 of the Revised Code and to present the prevailing versions of sections 2915.01 and 2915.092 of the Revised Code to expand "disrupting public services" to specifically prohibit the use of a computer, another specified type of device or the Internet so as to disrupt, interrupt, or impair any police, fire, educational, commercial, or governmental function; to expand "criminal mischief" to specifically include certain conduct related to computer hacking or the introduction of a computer contaminant; to increase the penalty for "unauthorized use of computer, cable, or telecommunication property" when committed under certain specified circumstances and when the value of the involved property, services, or victim's loss is at least $10,000; to specifically include "computer hacking" within the scope of "criminal mischief" and "unauthorized use of computer, cable, or telecommunication property;" and to provide a rule for interpreting statutory references that define or specify a criminal offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2901.04, 2909.01, 2909.04, 2909.07, 2913.01, and 2913.04 of the Revised Code be amended and sections 2915.01 and 2915.092 of the Revised Code be presented to read as follows:
Sec. 2901.04. (A) Except as otherwise provided in
division (C) or (D) of this section, sections of the Revised Code
defining offenses or
penalties shall be strictly construed against the state, and liberally
construed in favor of the accused. (B) Rules of criminal procedure and sections of the Revised Code providing
for criminal procedure shall be construed so as to effect the fair, impartial,
speedy, and sure administration of justice. (C) Any provision of a section of the Revised Code that refers to a previous
conviction of or plea of guilty to a violation of a section of the Revised Code or of a
division of a section of the Revised Code shall be construed to also refer to a previous
conviction of or plea of guilty to a substantially equivalent offense under an
existing or former law of this state, another state, or the United
States or under an existing or former municipal ordinance.
(D) Any provision of the Revised Code that refers to a section, or to a division of a section, of the Revised Code that defines or specifies a criminal offense shall be construed to also refer to an existing or former law of this state, another state, or the United States, to an existing or former municipal ordinance, or to an existing or former division of any such existing or former law or ordinance that defines or specifies, or that defined or specified, a substantially equivalent offense.
Sec. 2909.01. As used in sections 2909.01 to 2909.07 of
the
Revised Code: (A) To
"create a substantial risk of serious physical harm
to any person" includes the creation of a substantial risk of
serious physical harm to any emergency personnel. (B)
"Emergency personnel" means any of the following
persons: (1) A peace officer, as defined in section 2935.01 of the
Revised Code; (2) A member of a fire department or other firefighting
agency of a municipal corporation, township, township fire
district, joint fire district, other political subdivision, or
combination of political subdivisions; (3) A member of a private fire company, as defined in
section 9.60 of the Revised Code, or a volunteer firefighter; (4) A member of a joint ambulance district or joint
emergency medical
services district; (5) An emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic,
ambulance
operator, or other member of an emergency medical
service that is owned or
operated by a political subdivision or a
private entity; (6) The state fire marshal,
the chief deputy state fire
marshal, or an
assistant state
fire marshal; (7) A fire prevention officer of a political subdivision
or
an arson, fire, or similar
investigator of
a political
subdivision. (C)
"Occupied structure" means any house, building,
outbuilding, watercraft, aircraft, railroad car, truck, trailer,
tent, or other structure, vehicle, or shelter, or any portion
thereof, to which any of the following applies: (1) It is maintained as a permanent or temporary dwelling,
even though it is temporarily unoccupied and whether or not any
person is actually present. (2) At the time, it is occupied as the permanent or
temporary habitation of any person, whether or not any person is
actually present. (3) At the time, it is specially adapted for the overnight
accommodation of any person, whether or not any person is
actually
present. (4) At the time, any person is present or likely to be
present in it. (D)
"Political subdivision" and
"state" have the same
meanings as in section 2744.01 of the Revised Code. (E) "Computer," "computer hacking," "computer network," "computer program," "computer software," "computer system," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(F) "Computer contaminant" means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (F)(1) to (4) of this section or of a type or kind similar to a type or kind described in divisions (F)(1) to (4) of this section:
(1) A group of computer programs commonly known as "viruses" and "worms" that are self-replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(2) A group of computer programs commonly known as "Trojans" or "Trojan horses" that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(3) A group of computer programs commonly known as "zombies" that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer's or network's performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as "Denial of Service" or "Distributed Denial of Service" attacks;
(4) A group of computer programs commonly know as "trap doors," "back doors," or "root kits" that are designed to bypass standard authentication software and that are designed to allow access to or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent.
(G) "Internet" has the same meaning as in section 341.42 of the Revised Code.
Sec. 2909.04. (A) No person, purposely by any means or
knowingly by damaging or tampering with any property, shall do
any
of the following: (1) Interrupt or impair television, radio, telephone,
telegraph, or other mass communications service; police,
fire,
or
other public service communications; radar, loran, radio,
or other
electronic aids to air or marine navigation or
communications; or
amateur or citizens band radio
communications
being used for
public service or emergency communications; (2) Interrupt or impair public transportation, including
without limitation school bus transportation, or water supply,
gas, power, or other utility service to the public; (3) Substantially impair the ability of law enforcement
officers, firefighters, rescue
personnel,
emergency medical
services personnel, or emergency facility personnel to respond
to
an
emergency or to protect and preserve any person or property
from
serious physical harm. (B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations. (C) Whoever violates this section is guilty of disrupting
public services, a felony of the fourth degree. (C)(D)
As used in this section:
(1) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code. (2)
"Emergency facility personnel" means any of the
following: (a)
Any of the
following
individuals who perform services in
the ordinary course
of their
professions in an emergency facility: (i)
Physicians authorized under Chapter 4731. of the
Revised
Code
to practice medicine and surgery or osteopathic medicine and
surgery; (ii)
Registered nurses and licensed practical nurses licensed
under Chapter 4723. of the Revised Code; (iii)
Physician assistants authorized to practice under
Chapter
4730. of the Revised Code; (iv)
Health care workers; (b)
Any individual who is a security officer performing
security services in an emergency facility; (c)
Any individual who is present in an emergency facility,
who was summoned to the facility by an individual identified in
division (C)(D)(2)(a) or (b) of this section. (3)
"Emergency facility" means a hospital emergency
department or
any other facility that provides emergency medical
services. (4)
"Hospital" has the same meaning as in section 3727.01 of
the
Revised Code. (5)
"Health care worker" means an individual, other than an
individual specified in division (C)(D)(2)(a),
(b), or (c) of this
section, who provides medical or other health-related care or
treatment in an
emergency facility, including medical technicians,
medical assistants, orderlies, aides, or individuals acting in
similar
capacities.
Sec. 2909.07. (A) No person shall: (1) Without privilege to do so, knowingly move, deface,
damage, destroy, or otherwise improperly tamper with the property
of another; (2) With purpose to interfere with the use or enjoyment of
property of another, employ a tear gas device, stink bomb, smoke
generator, or other device releasing a substance that is harmful
or offensive to persons exposed or that tends to cause
public
alarm; (3) Without privilege to do so, knowingly move, deface,
damage, destroy, or otherwise improperly tamper with a bench
mark, triangulation station, boundary marker, or other survey
station, monument, or marker; (4) Without privilege to do so, knowingly move, deface,
damage, destroy, or otherwise improperly tamper with any safety
device, the property of another, or the property of the offender
when required or placed for the safety of others, so as to
destroy or diminish its effectiveness or availability for its
intended purpose; (5) With purpose to interfere with the use or enjoyment of
the property of another, set a fire on the land of another or
place personal property that has been set on fire on the land of
another, which fire or personal property is outside and apart
from any building, other structure, or personal property that is
on that land; (6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, knowingly do any of the following:
(a) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;
(b) Introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program. (B) As used in this section, "safety device" means any
fire extinguisher, fire hose, or fire axe, or any fire escape,
emergency exit, or emergency escape equipment, or any life line,
life-saving ring, life preserver, or life boat or raft, or any
alarm, light, flare, signal, sign, or notice intended to warn of
danger or emergency, or intended for other safety purposes, or
any guard railing or safety barricade, or any traffic sign or
signal, or any railroad grade crossing sign, signal, or gate, or
any first aid or survival equipment, or any other device,
apparatus, or equipment intended for protecting or preserving the
safety of persons or property. (C)(1) Whoever violates this section is guilty of criminal
mischief, and shall be punished as provided in division (C)(2) or (3) of this section. (2) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the third degree. If Except as otherwise provided in this division, if the violation of
division (A)(1), (2), (3), (4), or (5) of this section creates a risk of physical harm to any person,
criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the first degree. If the
property involved in the violation of division (A)(1), (2), (3), (4), or (5) of this section is an aircraft, an
aircraft engine, propeller, appliance, spare part, fuel,
lubricant, hydraulic fluid, any other equipment, implement, or
material used or intended to be used in the operation of an
aircraft, or any cargo carried or intended to be carried in an
aircraft and if, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is one of the following: (a) If the violation creates a risk of physical harm to
any person, criminal mischief except as otherwise provided in division (C)(2)(b) of this section, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of
the fifth degree. If the property involved in violation of
this section is an aircraft, an aircraft engine, propeller, appliance, spare
part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or
material used or intended to be used in the operation of an aircraft, or any
cargo carried or intended to be carried in an aircraft and if (b) If the violation
creates a substantial risk of physical harm to any person or if the property
involved in a violation of this section is an occupied aircraft, criminal
mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fourth degree. (3) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(6) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division, if the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars or more and less than ten thousand dollars, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fifth degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is ten thousand dollars or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a substantial risk of physical harm to any person or the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fourth degree.
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
and, for purposes of section 2913.04 of
the Revised Code, include cable services as defined in that
section. (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,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code. (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. It also includes a county procurement card issued under section 301.29 of the Revised Code. (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. (II)(1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;
(b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, "misuse of computer and network services" includes, but is not limited to, the unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web servers.
(c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs commonly known as "port scanners" or "probes" to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network's facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.
(ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including, but not limited to, domain name services, mail transfer services, and other operating system services, computer programs commonly called "ping," "tcpdump," and "traceroute" and other network monitoring and management computer software, and computer programs commonly known as "nslookup" and "whois" and other systems administration computer software.
(d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a computer contaminant, as defined in section 2909.02 of the Revised Code, into a computer, computer system, computer program, or computer network.
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, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to
gain
access to, or cause access to be gained to any computer,
computer system, computer network,
cable service, cable system,
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,
cable service, cable system,
telecommunications device, telecommunications service, or
information
service or other person authorized to give consent by
the owner. (C) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to section 5503.10 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the chair of the law enforcement automated data system steering committee. (D) The affirmative defenses contained in division (C) of
section 2913.03 of the Revised Code are affirmative defenses to a
charge under this section. (E)(1) Whoever violates division (A) of this
section is
guilty of unauthorized use of property. (2) Except as otherwise
provided in division (E)(3) or (4)
of this
section, unauthorized use of property is a misdemeanor of
the fourth degree. (3) Except as otherwise provided in division
(E)(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: (a) Except as otherwise provided in division
(E)(3)(b),
(c),
or (d) of this section, a
misdemeanor of the first degree. (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. (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. (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
(E)(4)(b), (c), or
(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. (F)(1) Whoever violates division (B) of this section is
guilty
of unauthorized use of computer, cable, or telecommunication
property, and shall be punished as provided in division (F)(2), (3), or (4) of this section. (2) Except as otherwise provided in division (F)(3) or (4) of this section, unauthorized use of computer, cable, or telecommunication property is a
felony of the fifth degree. (3) Except as otherwise provided in division (F)(4) of this section, if unauthorized use of computer, cable, or telecommunication property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, for obtaining money, property, or services by false or fraudulent pretenses, or for committing any other criminal offense, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable: (a) Except as otherwise provided in division (F)(3)(b) of this section, if the value of the property or services involved or the loss to the victim is five thousand dollars or more and less than one hundred thousand dollars, a felony of the fourth degree; (b) If the value of the property or services involved 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 computer, cable, or telecommunication property is whichever of the following is applicable:
(a) Except as otherwise provided in division (F)(4)(b), (c), or (d) 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. (G) Whoever violates division (C) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony of the fifth degree. (H) As used in this section: (1) "Cable operator" means any person or group of persons
that does either of the following: (a) Provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in
that cable system; (b) Otherwise controls or is responsible for, through any
arrangement, the management and operation of a cable system. (2) "Cable service" means any of the following: (a) The one-way transmission to subscribers of video
programming or of information that a cable operator makes
available to all subscribers generally; (b) Subscriber interaction, if any, that is required for
the
selection or use of video programming or of information that a
cable operator makes available to all subscribers generally, both
as described in division (H)(2)(a) of this section; (c) Any cable television service. (3) "Cable system" means any facility, consisting of a set
of closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service that includes video programming and that is provided to
multiple subscribers within a community. "Cable system" does not
include any of the following: (a) Any facility that serves only to retransmit the
television signals of one or more television broadcast stations; (b) Any facility that serves subscribers without using any
public right-of-way; (c) Any facility of a common carrier that, under 47
U.S.C.A.
522(7)(c), is excluded from the term "cable system" as
defined in
47 U.S.C.A. 522(7); (d) Any open video system that complies with 47 U.S.C.A.
573; (e) Any facility of any electric utility used solely for
operating its electric utility system. Sec. 2915.01. As used in this chapter: (A)
"Bookmaking" means the business of receiving or paying
off bets. (B)
"Bet" means the hazarding of anything of value upon
the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk. (C)
"Scheme of chance" means a
slot machine,
lottery, numbers
game,
pool conducted for profit,
or other scheme in which a
participant gives a
valuable
consideration for a chance to win a
prize,
but does not
include
bingo, a skill-based amusement machine, or a pool not conducted for profit. (D)
"Game of chance" means poker, craps, roulette,
or other game in which a player gives
anything of value in the hope of gain, the outcome of which is
determined largely
by chance,
but does not include
bingo. (E)
"Game of chance conducted for profit"
means
any
game of chance designed to produce income for
the
person who conducts or operates the
game of chance,
but
does not include
bingo. (F)
"Gambling device" means
any of the following: (1) A book, totalizer, or other equipment for recording
bets; (2) A ticket, token, or other device representing a
chance,
share, or interest in a scheme of chance or evidencing a bet; (3) A deck of cards, dice, gaming table, roulette wheel,
slot machine,
or other apparatus designed for use in
connection with a game of chance; (4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes; (5)
Bingo supplies sold or otherwise provided, or used, in
violation of this
chapter. (G)
"Gambling offense" means any of the following: (1) A violation of section 2915.02, 2915.03, 2915.04,
2915.05, 2915.07, 2915.08,
2915.081, 2915.082, 2915.09,
2915.091,
2915.092, 2915.10, or 2915.11
of the Revised Code; (2) 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 listed in division (G)(1)
of this section or a violation of section 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 the United States,
of which gambling is an element; (4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section. (H)
Except as otherwise provided in this chapter,
"charitable organization" means any tax exempt
religious,
educational, veteran's, fraternal, sporting, service, nonprofit
medical,
volunteer rescue service, volunteer
firefighter's,
senior
citizen's, historic railroad educational, youth athletic, amateur athletic, or youth
athletic
park organization.
An organization is tax exempt if the
organization is, and has
received from the internal revenue
service a determination letter
that currently is in effect stating
that the organization is,
exempt from federal income taxation
under subsection 501(a) and
described in subsection 501(c)(3),
501(c)(4), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal
Revenue Code, or if the organization is a sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(7) of the Internal Revenue Code.
To
qualify as a charitable organization, an
organization, except a
volunteer rescue service or volunteer
fire
fighter's
organization,
shall have been in
continuous existence as
such in this state for
a period of two
years immediately preceding
either the making of
an application
for a
bingo license under
section 2915.08 of the
Revised Code or
the conducting of any
game of
chance as
provided in division
(D) of
section 2915.02 of
the
Revised
Code.
A charitable organization
that is exempt from federal income taxation under subsection
501(a) and described in subsection 501(c)(3) of the Internal
Revenue Code and that is created by a veteran's organization, a
fraternal organization, or a sporting organization does not have to have been in continuous
existence as such in this state for a period of two years
immediately preceding either the making of an application for a
bingo license under section 2915.08 of the Revised Code or the
conducting of any game of chance as provided
in division (D) of section 2915.02 of the Revised Code. (I)
"Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and
religious observances. (J)
"Educational organization" means any organization
within
this state that is not organized for profit, the
primary
purpose
of which
is
to educate and develop the capabilities of
individuals through instruction by means of operating or contributing to the support of a school, academy,
college, or
university. (K)
"Veteran's organization" means any individual post or state headquarters of
a
national veteran's association or an auxiliary unit of any
individual post of a national veteran's association, which post, state headquarters,
or
auxiliary unit has been in continuous existence in this state for at least two years and incorporated as a nonprofit
corporation
and either has received a letter from
the state
headquarters of the national veteran's association
indicating that
the individual post or auxiliary unit is in good
standing with the
national veteran's association or has received a letter from the national veteran's association indicating that the state headquarters is in good standing with the national veteran's association. As used in
this division,
"national veteran's association" means any
veteran's association
that has been in continuous existence as
such for a period of at
least
five years and either is
incorporated by an act of the
United States congress or has a
national dues-paying membership of
at least five thousand
persons. (L)
"Volunteer
firefighter's organization"
means any
organization of volunteer
firefighters, as
defined in section
146.01
of the Revised Code, that is organized
and operated
exclusively
to provide financial support for a
volunteer fire
department or a
volunteer fire company
and that is
recognized or ratified by a county,
municipal corporation, or
township. (M)
"Fraternal organization" means any society, order, state headquarters, or
association within this state, except a college or high school
fraternity, that is not organized for profit, that is a branch,
lodge, or chapter of a national or state organization, that
exists
exclusively for the common business or sodality of its
members,
and that has been in continuous existence in this state
for a
period of
five
years. (N)
"Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code. (O)
"Service organization" means either of the following: (1) Any organization, not
organized for profit, that is organized and operated exclusively
to provide, or to contribute to the support of organizations or
institutions organized and operated exclusively to provide,
medical and therapeutic services for persons who are crippled,
born with birth defects, or have any other mental or physical
defect or those organized and operated exclusively to protect, or
to contribute to the support of organizations or institutions
organized and operated exclusively to protect, animals from
inhumane treatment or provide immediate shelter to victims of domestic violence; (2) Any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code and that is an organization, not organized for profit, that is organized and operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated primarily to provide, medical and therapeutic services for persons who are crippled, born with birth defects, or have any other mental or physical defect. (P)
"Nonprofit medical organization" means either of the following: (1) Any
organization that has been incorporated as a nonprofit
corporation for at least
five years and that has continuously
operated and will be operated
exclusively to provide, or to
contribute to the support of
organizations or institutions
organized and operated exclusively to provide, hospital, medical,
research, or therapeutic services
for the public; (2) Any organization that is described and qualified under subsection 501(c)(3) of the Internal Revenue Code, that has been incorporated as a nonprofit corporation for at least five years, and that has continuously operated and will be operated primarily to provide, or to contribute to the support of organizations or institutions organized and operated primarily to provide, hospital, medical, research, or therapeutic services for the public. (Q)
"Senior citizen's organization" means any private
organization, not organized for profit, that is organized and
operated exclusively to provide recreational or social services
for persons who are fifty-five years of age or older and that is
described and qualified under subsection 501(c)(3) of the
Internal
Revenue Code. (R)
"Charitable bingo game" means any bingo game
described
in
division
(S)(1) or (2) of this section that is
conducted by a
charitable organization that has obtained a
license pursuant
to section 2915.08 of the Revised Code and the
proceeds of which
are used for a charitable purpose. (S)
"Bingo" means
either of the following: (1) A game with all of the following characteristics: (a) The participants use bingo cards
or sheets, including
paper formats and electronic representation or image formats, that
are
divided into
twenty-five spaces arranged in five horizontal
and
five vertical
rows of spaces, with each space, except the
central
space, being
designated by a combination of a letter and a
number
and with the
central space being designated as a free
space. (b) The participants cover the spaces on the bingo cards
or
sheets that correspond to combinations of letters and numbers that
are
announced by a bingo game operator. (c) A bingo game operator announces combinations of
letters
and numbers that appear on objects that a bingo game
operator
selects by chance, either manually or mechanically, from
a
receptacle that contains seventy-five objects at the beginning
of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards
or sheets. (d) The winner of the bingo game includes any participant
who properly announces during the interval between the
announcements of letters and numbers as described in division
(S)(1)(c) of this section, that a predetermined and preannounced
pattern of spaces has been covered on a bingo card
or sheet being
used by
the participant. (2)
Instant bingo, punch boards, and
raffles. (T)
"Conduct" means to back, promote, organize, manage,
carry
on,
sponsor, or prepare for the operation of
bingo or
a
game
of
chance. (U)
"Bingo game operator" means any person, except
security
personnel, who performs work or labor at the site of
bingo,
including, but not limited to, collecting money from
participants,
handing out bingo cards or
sheets or objects to cover spaces
on
bingo
cards
or sheets, selecting from a receptacle the objects
that
contain the
combination of letters and numbers that appear on
bingo cards
or sheets,
calling out the combinations of letters
and numbers,
distributing
prizes,
selling or redeeming instant
bingo
tickets or cards, supervising
the operation of a punch
board, selling raffle tickets,
selecting
raffle tickets from a
receptacle and announcing the winning
numbers
in a raffle, and
preparing, selling, and serving food or
beverages. (V)
"Participant" means any person who plays bingo. (W)
"Bingo session" means a period
that includes both of
the following: (1) Not to exceed five
continuous hours
for the conduct of one or more
games
described in division (S)(1) of this section,
instant
bingo, and
seal cards; (2) A period for the conduct of instant bingo and seal cards
for not
more
than two hours before and not more than two hours
after the
period
described in division
(W)(1) of this section. (X)
"Gross receipts" means all money or assets, including
admission fees, that a person receives from
bingo
without the deduction of any amounts for
prizes paid out
or for the expenses of
conducting
bingo.
"Gross receipts" does not include
any money directly taken in from the sale of food or beverages by
a charitable organization conducting
bingo, or by a
bona
fide auxiliary unit or society of a charitable organization
conducting
bingo,
provided all of the following apply: (1) The auxiliary unit or society has been in existence as
a
bona fide auxiliary unit or society of the charitable
organization
for at least two years prior to
conducting
bingo. (2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items
customarily
received with the purchase of that food or beverage. (3) The food and beverages are sold at customary and
reasonable prices. (Y)
"Security personnel" includes any person who either is
a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79
of
the Revised Code and who is hired to provide security for the
premises on which
bingo
is conducted. (Z)
"Charitable
purpose" means
that the
net profit of
bingo,
other than instant bingo, is used by, or
is
given,
donated, or
otherwise transferred to, any
of the following: (1)
Any organization that is
described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the
Internal Revenue Code
and is either a governmental unit or an
organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3) of the Internal Revenue Code; (2)
A veteran's organization that is a post, chapter,
or organization of
veterans, or an auxiliary unit or society
of, or a trust or
foundation for, any such post, chapter, or
organization organized
in the United States or any of its
possessions, at least
seventy-five per cent of the members of
which are
veterans and
substantially all of the other members
of which are individuals
who are
spouses, widows, or widowers of
veterans, or such individuals,
provided that no part of the net
earnings of such post, chapter,
or
organization inures to the benefit of
any private shareholder
or
individual, and further provided that
the
net profit is used by the post, chapter, or
organization for
the charitable
purposes set forth in division (B)(12) of section
5739.02 of the
Revised Code,
is used for awarding
scholarships
to or for
attendance at an institution mentioned in division
(B)(12) of
section 5739.02 of the Revised Code,
is donated
to
a
governmental agency, or
is used for nonprofit youth
activities,
the purchase of United States or Ohio flags that are
donated to
schools, youth groups, or other bona fide nonprofit
organizations, promotion of patriotism, or disaster relief; (3) A fraternal organization
that
has been
in continuous
existence in this state for fifteen years
and that uses
the
net
profit
exclusively for religious, charitable, scientific,
literary, or
educational purposes, or for the prevention of
cruelty to
children or animals, if contributions for such use
would qualify
as a deductible charitable contribution under
subsection 170 of
the Internal Revenue Code; (4)
A volunteer
firefighter's organization
that uses the net profit for the
purposes set
forth in division (L) of
this section. (AA)
"Internal Revenue Code" means the
"Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended. (BB)
"Youth athletic organization" means any organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are twenty-one years of age
or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association. (CC)
"Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of
the
following: (1) It owns, operates, and maintains playing fields that
satisfy both of the following: (a) The playing fields are used at least one hundred days
per year for athletic activities by one or more organizations,
not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association. (b) The playing fields are not used for any profit-making
activity at any time during the year. (2) It uses the proceeds of
bingo
it conducts
exclusively for the operation, maintenance, and improvement of
its
playing fields of the type described in division (CC)(1) of
this
section. (DD)
"Amateur athletic organization" means any
organization,
not organized for profit, that is organized and operated
exclusively to provide financial support to, or to operate,
athletic
activities for persons who are training for amateur
athletic competition that
is sanctioned by a national governing
body as defined in the
"Amateur
Sports Act of 1978," 90 Stat.
3045, 36 U.S.C.A. 373. (EE)
"Bingo supplies" means bingo
cards or sheets; instant
bingo tickets or
cards; electronic bingo
aids; raffle tickets;
punch boards; seal
cards;
instant bingo
ticket dispensers; and
devices for selecting
or
displaying
the
combination of bingo
letters and numbers or
raffle
tickets. Items
that are
"bingo
supplies" are not
gambling
devices
if sold or
otherwise provided,
and used, in accordance
with this
chapter. For
purposes of this
chapter, "bingo supplies"
are not to be
considered equipment used
to conduct a bingo game. (FF)
"Instant bingo" means a form of
bingo that uses folded
or banded tickets or paper cards with
perforated break-open tabs,
a face of which is covered or
otherwise hidden from view to
conceal a number, letter, or
symbol, or set of numbers, letters,
or symbols, some of which
have been designated in advance as prize
winners. "Instant bingo" includes seal cards. "Instant bingo"
does not include any device that is activated by
the insertion of
a coin, currency, token, or an equivalent, and that
contains as
one of its components a video display monitor that is
capable of
displaying numbers, letters, symbols, or characters in
winning or
losing combinations. (GG)
"Seal card" means a
form of instant bingo that uses
instant bingo tickets in conjunction
with a board or placard that
contains one or more
seals that, when removed or opened, reveal
predesignated winning
numbers, letters, or symbols. (HH)
"Raffle" means a form of bingo
in which the one or more
prizes are won by one or more persons
who have purchased a raffle
ticket. The one or more winners of
the raffle are determined by
drawing a ticket stub or other
detachable section from a
receptacle containing ticket stubs or
detachable sections
corresponding to all tickets sold for the
raffle. (II)
"Punch board" means a board
containing a number of
holes
or receptacles of uniform size in
which are placed,
mechanically
and randomly, serially numbered
slips of paper that
may be punched
or drawn from the hole or
receptacle when used in
conjunction with
instant bingo. A player
may punch or draw the
numbered slips of
paper from the holes or
receptacles and obtain
the prize
established for the game if the
number drawn corresponds
to a
winning number or, if the punch
board includes the use of a
seal
card, a potential winning
number. (JJ)
"Gross profit" means gross
receipts minus the amount
actually expended for the payment of
prize awards. (KK)
"Net profit" means gross profit
minus expenses. (LL)
"Expenses" means the reasonable
amount of gross profit
actually expended for all of the
following: (1)
The purchase or lease of bingo supplies; (2)
The annual license fee required under section
2915.08 of
the Revised Code; (3)
Bank fees and service charges for a bingo session or
game
account described in section 2915.10 of the Revised Code; (4)
Audits and accounting services; (7)
Hiring security personnel; (9) Renting premises in which to conduct a bingo session; (11) Expenses for maintaining and operating a charitable organization's facilities, including, but not limited to, a post home, club house, lounge, tavern, or canteen and any grounds attached to the post home, club house, lounge, tavern, or canteen; (12) Any other product or service directly related to
the
conduct of bingo that is authorized in rules adopted by the
attorney
general under division (B)(1) of section
2915.08 of the
Revised Code. (MM)
"Person" has the same meaning as
in section 1.59 of the
Revised Code and includes
any firm or any other legal entity,
however organized. (NN)
"Revoke" means to void
permanently all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction. (OO)
"Suspend" means to interrupt
temporarily all rights and
privileges of the holder of a license
issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code
or a charitable
gaming license issued by
another jurisdiction. (PP)
"Distributor" means any person who purchases or obtains
bingo
supplies and who does either of the following: (1) Sells, offers for sale, or otherwise
provides
or offers to provide the
bingo supplies to another person
for use in this
state; (2) Modifies, converts, adds to, or removes parts from the bingo supplies to further their promotion or sale for use in this state. (QQ)
"Manufacturer" means any person who assembles completed
bingo
supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale. (RR)
"Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (S)(1) of
this section plus the annual net profit derived from the conduct
of bingo
described in division (S)(2) of this section. (SS) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations. (5) It does not simulate or display rolling or spinning
reels.
(6) It is incapable of determining whether a dispensed
bingo ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid
in accounting for the instant bingo tickets or cards it dispenses. (8) It is not part of an electronic network and is not
interactive. (TT)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets
purchased
at the time and place of a bingo session and that does
all of the
following:
(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to
the bingo faces previously stored in the memory of
the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play. (UU) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number. (VV)(1) "Slot" machine means either of the following: (a) Any
mechanical, electronic, video, or digital device
that is capable
of accepting anything of value, directly or
indirectly, from or on
behalf of a player who gives the thing of
value in the hope of
gain, the outcome of which is determined
largely or wholly by
chance;
(b) Any mechanical, electronic, video, or digital device
that is capable of accepting anything of value, directly or
indirectly, from or on behalf of a player to conduct or dispense
bingo or a scheme or game of chance. (2) "Slot machine" does not include a skill-based amusement machine.
(WW) "Net profit from the
proceeds of the sale of instant
bingo" means gross profit minus
the ordinary, necessary, and
reasonable expense expended for the
purchase of instant bingo
supplies. (XX) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization, or a sporting organization in
regards to bingo conducted or assisted by a veteran's organization, a fraternal organization, or a sporting organization pursuant to section 2915.13 of the
Revised Code.
(YY) "Game flare" means the board or placard that accompanies each deal of instant bingo tickets and that has printed on or affixed to it the following information for the game: (1) The name of the game; (2) The manufacturer's name or distinctive logo; (5) The prize structure, including the number of winning instant bingo tickets by denomination and the respective winning symbol or number combinations for the winning instant bingo tickets; (7) The serial number of the game. (ZZ) "Historic railroad educational organization" means an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that owns in fee simple the tracks and the right of way of a historic railroad that the organization restores or maintains and on which the organization provides excursions as part of a program to promote tourism and educate visitors regarding the role of railroad transportation in Ohio history, and that received as donations from a charitable organization that holds a license to conduct bingo under this chapter an amount equal to at least fifty per cent of that licensed charitable organization's net proceeds from the conduct of bingo during each of the five years preceding June 30, 2003. "Historic railroad" means all or a portion of the tracks and right-of-way of a railroad that was owned and operated by a for profit common carrier in this state at any time prior to January 1, 1950. (AAA)(1) "Skill-based amusement machine" means a skill-based amusement device, such as a mechanical, electronic, video, or digital device, or machine, whether or not the skill-based amusement machine requires payment for use through a coin or bill validator or other payment of consideration or value to participate in the machine's offering or to activate the machine, provided that all of the following apply:
(a) The machine involves a task, game, play, contest, competition, or tournament in which the player actively participates in the task, game, play, contest, competition, or tournament.
(b) The outcome of an individual's play and participation is not determined largely or wholly by chance.
(c) The outcome of play during a game is not controlled by a person not actively participating in the game.
(2) All of the following apply to any machine that is operated as described in division (AAA)(1) of this section:
(a) As used in this section, "task," "game," and "play" mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single task, game, play, contest, competition, or tournament may be awarded prizes based on the results of play.
(b) Advance play for a single task, game, play, contest, competition, or tournament participation may be purchased. The cost of the contest, competition, or tournament participation may be greater than a single non-contest, competition, or tournament play.
(c) To the extent that the machine is used in a contest, competition, or tournament, that contest, competition, or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of prizes that are stated prior to the start of the contest, competition, or tournament.
(BBB) "Pool not conducted for profit" means a scheme in which a participant gives a valuable consideration for a chance to win a prize and the total amount of consideration wagered is distributed to a participant or participants.
(CCC) "Sporting organization" means a hunting, fishing, or trapping organization, other than a college or high school fraternity or sorority, that is not organized for profit, that is affiliated with a state or national sporting organization, including but not limited to, the Ohio League of sportsmen, and that has been in continuous existence in this state for a period of three years. (DDD) "Community action agency" has the same meaning as in section 122.66 of the Revised Code. Sec. 2915.092. (A)(1) Subject to division (A)(2) of this section, a charitable organization, a public school, a chartered nonpublic school, a community school, or a veteran's organization, fraternal organization, or sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code may conduct a raffle to raise money for the organization or school and does not need
a
license to conduct bingo in order to conduct a raffle drawing that is not for profit.
(2) If a charitable organization that is described in division (A)(1) of this section, but that is not also described in subsection 501(c)(3) of the Internal Revenue Code, conducts a raffle, the charitable organization shall distribute at least fifty per cent of the net profit from the raffle to a charitable purpose described in division (Z) of section 2915.01 of the Revised Code or to a department or agency of the federal government, the state, or any political subdivision. (B) Except as provided in division (A) or (B) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit. (C) Whoever violates division (B) of this
section is
guilty
of illegal conduct of a raffle. Except as
otherwise
provided in
this
division, illegal conduct of a raffle
is a
misdemeanor of the
first degree.
If the offender previously
has
been convicted of a
violation of division
(B) of
this
section, illegal conduct of a
raffle is a felony of the
fifth
degree.
Section 2. That existing sections 2901.04, 2909.01, 2909.04, 2909.07, 2913.01, and 2913.04 of the Revised Code are hereby repealed.
Section 3. The versions of sections 2915.01 and 2915.092 of the Revised Code presented in this act prevail over the versions of those sections presented in Sub. H.B. 325 of the 125th General Assembly.
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