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Sub. S. B. No. 146As Reported by the Senate Judiciary CommitteeAs Reported by the Senate Judiciary Committee
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Austria, Harris, Randy Gardner, Schuring, Goodman, Robert Gardner, Jacobson, Stivers
A BILL
To amend sections 2901.04, 2909.01, 2909.04, 2909.07, 2913.01, and 2913.04 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 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 appropriate principal 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 know 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 appropriate principal.
(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 division (A) or (B) of 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 for the purpose of establishing contact only, with the intent to defraud or with malicious intent to commit a crime after the contact is established;
(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 appropriate principal of the computer, computer system, or computer network. 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 appropriate principal of the computer, computer system, or computer network. 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 appropriate principal of the computer, computer system, or computer network.
(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) or (3) of this section. (2) Except as otherwise provided in division (F)(3) of this section, unauthorized use of computer, cable, or telecommunication property is a
felony of the fifth degree. (3) 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 and if the value of the property or services involved or the loss to the victim is ten thousand dollars or more, 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, a felony of the fourth degree; (b) If the victim of the offense is an elderly person or disabled adult, a felony of the third 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.
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.
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