To amend section 901.99 and to enact section 901.511 of the Revised Code to prohibit damaging or destroying crops, timber, livestock, or equipment.

Section 1. That section 901.99 be amended and section 901.511 of the Revised Code be enacted to read as follows:

Sec. 901.511. (A) As used in this section:

(1) "Agricultural product" means any field crop, field crop product, timber, timber product, or livestock. "Agricultural product" also includes any wild animal, as "wild animal" is defined in section 1531.01 of the Revised Code, that is raised or maintained for either of the purposes described in division (B)(1) or (2) of this section.

(2) "Equipment" means any equipment that is used in the production of any agricultural product or any laboratory, research, or fixed equipment that is used to test or analyze the process of producing any agricultural product.

(B) No person, without privilege to do so, shall knowingly damage or destroy any agricultural product that is produced for either of the following:

(1) Personal or commercial purposes;

(2) Testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university, or any federal, state, or local government agency.

Division (B) of this section does not apply to the practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Chapter 4741. of the Revised Code. As used in division (B) of this section, "practice of veterinary medicine" has the same meaning as in section 4741.01 of the Revised Code.

(C) No person, without privilege to do so, shall knowingly damage or destroy any equipment.

(D)(1) In addition to the penalty provided in section 901.99 of the Revised Code for a violation of this section, the court shall require any person who violates this section to pay to the victim of the offense an amount equal to twice the value of the agricultural product or equipment that has been damaged or destroyed.

(2) In ordering restitution under this section, the court shall consider as part of the value of the agricultural product or equipment the market value of the agricultural product or equipment prior to damage or destruction and the production, research, testing, replacement, and development costs directly related to the agricultural product or equipment that has been damaged or destroyed.

(3) Restitution available under this section shall be limited to twice the market value of the agricultural product or equipment prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement, and development costs directly related to the agricultural product or equipment that has been damaged or destroyed.

(E) The enactment of this section is not intended to require the prosecution exclusively under this section of an act, series of acts, or course of behavior that could be prosecuted either under this section or under another section of the Revised Code. One or more acts, series of acts, or courses of behavior that may be prosecuted either under this section or under another section of the Revised Code may be prosecuted under this section, the other section, or both sections.

Sec. 901.99.  (A) Whoever violates section 901.51 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(B) Whoever violates section 901.75 or division (C) of section 901.73 of the Revised Code is guilty of a misdemeanor of the first degree.

(C) Whoever violates division (A) of section 901.76 of the Revised Code is guilty of a felony of the fifth degree on a first offense and of a felony of the fourth degree on each subsequent offense.

(D) Whoever violates division (B) of section 901.76 of the Revised Code is guilty of a felony of the fourth degree.

(E) Whoever violates section 901.511 of the Revised Code is guilty of damaging agricultural products. Except as otherwise provided in this division, damaging agricultural products is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.11 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved is five thousand dollars or more, but less than one hundred thousand dollars, damaging agricultural products is a felony of the fourth degree. If the value of the property or the amount of physical harm involved is one hundred thousand dollars or more, damaging agricultural products is a felony of the third degree.

Section 2. That existing section 901.99 of the Revised Code is hereby repealed.