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S. B. No. 22 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend sections 926.99, 1333.99, 1707.99, 1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03,
2913.04, 2913.11, 2913.21, 2913.31, 2913.32,
2913.34, 2913.40, 2913.401, 2913.42, 2913.421,
2913.43, 2913.45, 2913.46, 2913.47, 2913.48,
2913.49, 2913.51, 2913.61, 2915.05, 2917.21,
2917.31, 2917.32, 2919.21, 2921.01, 2921.13,
2921.41, 2923.31, 2929.17, 2967.193, and 2981.07
and to enact section 2921.341 of the Revised Code
to increase from $500 to $750 the threshold amount
that is used in determining increased penalties
for theft-related offenses; to provide that if the
offense of "nonsupport of dependents" is based on
an abandonment of or failure to support a child or
a person to whom a court order requires support
and is a felony the court must sentence the
offender to one or more community control
sanctions and that any residential sanction so
imposed generally must require that the offender
complete a community corrections program; to
remove Department of Rehabilitation and Correction
supervision of a releasee from the definition of
"detention" and specify the method of sanctioning
a person under Department supervision who fails to
comply in a specified manner with that
supervision; and to increase from one day to five
days the credit a prisoner in a state correctional
institution may earn as a monthly deduction from
the prisoner's prison term for productive
participation in specified prison programs, remove
sex offender treatment programs from the type of
programs for which a prisoner can earn the credit,
and prohibit granting the credit to a person
serving a sentence for a sexually oriented
offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 926.99, 1333.99, 1707.99, 1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,
2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,
2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2919.21,
2921.01, 2921.13, 2921.41, 2923.31, 2929.17, 2967.193, and 2981.07
be amended and section 2921.341 of the Revised Code be enacted to
read as follows:
Sec. 926.99. (A)(1) Except as provided in
division (A)(2)
of this section, whoever violates section 926.04
of the Revised
Code is
guilty of a misdemeanor of the first degree on a first
offense
and a felony of the fifth degree on each subsequent
offense.
(2) A person who
violates section 926.04 of the
Revised
Code
and who is insolvent and financially
unable to satisfy a claimant
as defined in section
926.021 of the Revised
Code is guilty of a
felony of
the fifth degree if the financial obligation owed by the
offender to the claimant is five seven hundred fifty dollars or
more and
is
less than five thousand dollars. If the financial
obligation is
five thousand dollars or more and is less than one
hundred
thousand dollars, the offender is guilty of a felony of
the
fourth
degree. If the financial obligation is one hundred
thousand
dollars or more, the offender is guilty of a felony of
the third
degree.
(B) Whoever violates division (E) or (F) of section 926.20 or
division (A) of
section 926.22 of the Revised Code is guilty of a
minor misdemeanor on a first
offense and a misdemeanor of the
second degree on each
subsequent offense.
(C) Whoever violates division (G) of section 926.20 or
section 926.34 or
926.35 of the Revised Code is guilty of a felony
of the
fourth degree.
(D) Whoever violates division (A) of
section
926.28 or
division (B) of section 926.29 of the Revised Code
is guilty of a
felony of the fifth degree.
(E) Whoever violates section 926.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree.
Sec. 1333.99. (A) Whoever violates sections 1333.01 to
1333.04 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1333.12 or 1333.71 of the
Revised Code
is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 1333.36 of the Revised Code
is
guilty of a misdemeanor of the third degree.
(D) A prosecuting attorney may file an action to restrain
any
person found in violation of section 1333.36 of the Revised
Code.
Upon the filing of such an action, the common pleas court
may
receive evidence of such violation and forthwith grant a
temporary
restraining order as may be prayed for, pending a
hearing on the
merits of said cause.
(E) Whoever violates division (A)(1) of section 1333.52 or
section 1333.81 of the Revised Code is guilty of a misdemeanor of
the first degree.
(F) Whoever violates division (A)(2) or (B) of section
1333.52 of the Revised
Code is guilty of a misdemeanor of the
second degree.
(G) Except as otherwise provided in this
division, whoever
violates section 1333.92 of the Revised Code
is guilty of a
misdemeanor of the first degree. If the value of the
compensation
is five seven hundred fifty dollars or more and less than five
thousand
dollars, whoever violates section 1333.92 of the Revised
Code is
guilty of a
felony of
the fifth degree. If the value of
the
compensation is five thousand
dollars or more and less
than
one
hundred thousand dollars, whoever violates section 1333.92 of
the
Revised Code is
guilty of a felony of the fourth degree. If
the
value of the compensation is
one hundred thousand dollars or
more,
whoever violates section 1333.92 of the
Revised Code is
guilty of
a felony of the third degree.
Sec. 1707.99. Whoever commits any act described in division
(A)
of section
1707.042 or section 1707.44 of the Revised Code is
guilty of a
violation of sections 1707.01 to 1707.45 of the
Revised Code and
the following apply to the offender:
(A) If the value of
the funds or securities involved in the
offense or the loss to
the victim is less than five seven hundred
fifty
dollars, the
offender
is guilty of
a felony of the fifth
degree,
and the court
may impose
upon the offender an
additional
fine of
not more than two thousand five hundred dollars.
(B) If
the value of the funds or securities involved in the
offense or
the loss to the victim is five seven hundred fifty
dollars or
more but less
than five thousand dollars, the offender
is guilty
of a felony
of the fourth degree, and the court may
impose upon
the offender
an additional fine of not more than five
thousand
dollars.
(C) If the value of
the funds or securities involved in the
offense or the loss to
the victim is five thousand dollars or more
but less than
twenty-five thousand dollars, the offender is guilty
of a felony
of the third degree, and the court may impose upon the
offender
an additional fine of not more than ten thousand dollars.
(D) If the value of
the funds or securities involved in the
offense or the loss to
the victim is twenty-five thousand dollars
or more but less than
one hundred thousand dollars, the offender
is guilty of a felony
of the second degree, and the court may
impose upon the offender
an additional fine of not more than
fifteen thousand
dollars.
(E) If the value of
the funds or securities involved in the
offense or the loss to
the victim is one hundred thousand dollars
or more, the offender
is guilty of a felony of the first degree,
and the court may
impose upon the offender an additional fine of
not more than
twenty thousand dollars.
Sec. 1716.99. (A) Whoever violates any provision of
sections 1716.02
to 1716.17 of the Revised Code, other than
division (A)(1)
of section 1716.14
of the Revised Code, is guilty
of a misdemeanor of the
first degree.
Each occurrence of a solicitation of a contribution
from any
person in violation of any provision of sections 1716.02 to
1716.17 of
the Revised Code,
other than division (A)(1) of section
1716.14 of the Revised Code, is
considered a separate offense.
(B)(1) Whoever violates division (A)(1) of section
1716.14 of
the Revised Code is guilty
of solicitation fraud and shall be
punished
as provided in divisions (B)(2) to (4) of this section.
(2) Except as otherwise provided in division (B)(4) of this
section, division (B)(3) of this section applies to solicitation
fraud, and solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions
(B)(2)(b) to
(d) of
this section, a misdemeanor of the first degree or,
if the
offender previously has been convicted of or pleaded guilty to a
theft
offense or a
violation of division (A)(1) of section 1716.14
of the Revised Code, a felony
of the
fifth degree.
(b) If the value of the contribution or contributions made in
the
violation is five seven hundred fifty dollars or more but
less than
five thousand dollars,
a felony of
the fifth degree or,
if the
offender previously has been convicted
of or pleaded
guilty to a
theft offense or a violation of division
(A)(1) of
section
1716.14
of the Revised Code, a felony of the fourth
degree.
(c) If the value of the contribution or contributions made in
the
violation is five thousand dollars or more but less than one
hundred thousand dollars, a felony of the
fourth degree or, if the
offender previously has been convicted of
or pleaded guilty to a
theft offense or a violation of division
(A)(1) of section
1716.14
of the Revised Code, a felony of the third degree.
(d) If the value of the contribution or contributions made in
the
violation is one hundred thousand dollars or more, a felony of
the third
degree.
(3) When an offender commits a series of offenses in
violation of
division (A)(1) of section 1716.14 of the Revised
Code as part of
a common scheme or plan to defraud multiple
victims, all of the offenses may
be tried as a single offense. If
the offenses are tried as a single offense,
the value of the
contributions for
purposes of determining the value as required by
division (B)(2)
of this section is the aggregate value of all
contributions involved in all
offenses in the common
scheme or
plan to defraud multiple victims. In prosecuting a
single offense
under this division, it is not necessary to
separately allege and
prove each offense in the series. Rather,
it is sufficient to
allege and prove that the offender, within a
given span of time,
committed one or more offenses as part of a
common scheme or plan
to defraud multiple victims as described in
this division.
(4) If the victim of the offense is an elderly person or
disabled adult,
division (B)(4) of this section and
section
2913.61 of the Revised Code apply to
solicitation fraud, and
solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions
(B)(4)(b) to
(d) of this section, a
felony of the fifth degree;
(b) If the value of the contributions made in the violation
is
five seven hundred fifty dollars or more and is less than five
thousand dollars, a felony
of the fourth degree;
(c) If the value of the contributions made in the violation
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 contributions made in the violation
is
twenty-five thousand dollars or more, a felony of the second
degree.
(C) Any person who is found guilty of
any act or omission
prohibited under this chapter shall forfeit the
bond described in
section 1716.05 or 1716.07 of the Revised Code to the state
treasury to the credit of the charitable law fund
established
under section 109.32 of the Revised Code and shall be
prohibited
from registering with the attorney general or from
serving as a
fund-raising counsel or professional solicitor in
this state for a
period of five years after conviction.
Sec. 2909.03. (A) No person, by means of fire or
explosion,
shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm
to
any property of another without the other person's consent;
(2) Cause, or create a substantial risk of, physical harm
to
any property of the offender or another, with purpose to
defraud;
(3) Cause, or create a substantial risk of, physical harm
to
the statehouse or a courthouse, school building, or other
building
or structure that is owned or controlled by the state,
any
political subdivision, or any department, agency, or
instrumentality of the state or a political subdivision, and that
is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm,
through the offer or the acceptance of an agreement for hire or
other consideration, to any property of another without the other
person's
consent or to any property of the offender or another
with
purpose to
defraud;
(5) Cause, or create a substantial risk of, physical harm
to
any park, preserve, wildlands, brush-covered land, cut-over
land,
forest, timberland, greenlands, woods, or similar real
property
that is owned or controlled by another person, the
state, or a
political subdivision without the consent of the
other person, the
state, or the political subdivision;
(6) With purpose to defraud, cause, or create a
substantial
risk of, physical harm to any park, preserve,
wildlands,
brush-covered land, cut-over land, forest, timberland,
greenlands,
woods, or similar real property that is owned or
controlled by the
offender, another person, the state, or a
political
subdivision.
(B)(1) Whoever violates this section is guilty of arson.
(2) A violation of division (A)(1) of this section is one
of
the following:
(a) Except as
otherwise provided in division (B)(2)(b) of
this
section, a
misdemeanor of the first degree;
(b) If the value of the property or the amount of the
physical harm involved is five seven hundred fifty dollars or
more, a
felony
of the fourth degree.
(3) A violation of division (A)(2), (3), (5), or (6) of
this
section is a felony
of the fourth degree.
(4) A violation of division (A)(4) of this section is a
felony of the third degree.
Sec. 2909.05. (A) No person shall knowingly cause serious
physical harm to an occupied structure or any of its contents.
(B)(1) No person shall knowingly cause physical
harm to
property that is owned or possessed by another, when
either of the
following applies:
(a) The property is used by its owner or possessor in the
owner's
or possessor's
profession, business, trade, or occupation,
and the value of the
property or the amount of physical harm
involved is five seven hundred fifty
dollars or more;
(b) Regardless of the value of the property or the amount
of
damage done, the property or its equivalent is necessary in
order
for its owner or possessor to engage in the owner's or
possessor's
profession,
business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm
to
property that is owned, leased, or controlled by a
governmental
entity. A governmental entity includes, but is not
limited to, the
state or a political subdivision of the state, a
school district,
the board of trustees of a public library or
public university, or
any other body corporate and politic
responsible for governmental
activities only in geographical
areas smaller than that of the
state.
(C) No person, without privilege to do so, shall knowingly
cause serious physical harm to any tomb, monument, gravestone, or
other similar structure that is used as a memorial for the dead;
to any fence, railing, curb, or other property that is used to
protect, enclose, or ornament any cemetery; or
to a cemetery.
(D) No person, without privilege to do so, shall knowingly
cause physical harm to a place of burial by breaking and entering
into a tomb, crypt, casket, or other structure that is used as a
memorial for the dead or as an enclosure for the dead.
(E) Whoever violates this section is guilty of vandalism.
Except as otherwise
provided in this division, vandalism 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, vandalism 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,
vandalism is a felony of the third degree.
(F) For purposes of this section:
(1) "Cemetery" means any place of burial and includes burial
sites that
contain American
Indian burial objects placed with or
containing American
Indian human remains.
(2) "Serious physical harm" means
physical harm to property
that results in loss to the value of the property of
five seven
hundred
fifty
dollars or more.
Sec. 2909.11. (A) When a person is charged with a
violation
of division (A)(1) of section
2909.03 of the
Revised Code
involving property value or an amount of physical harm
of five
seven
hundred fifty dollars or more or with a violation of
section
2909.05
of the Revised Code involving property value or
an amount
of physical harm of
five seven hundred fifty
dollars
or more, the jury
or court trying the
accused shall determine the
value of the
property or amount of
physical harm and, if a guilty
verdict is
returned, shall return
the finding as part of the
verdict. In any
such case, it is
unnecessary to find or return
the exact value or
amount of
physical harm, section 2945.75 of
the Revised Code
applies, and it is
sufficient if either of the
following applies,
as appropriate, relative
to the finding and
return of the value or
amount of physical harm:
(1) If the finding and
return relate to a violation of
division (A)(1) of section
2909.03 of the Revised Code and are
that the value or amount of the
physical harm was five seven
hundred fifty
dollars or more, the finding and return
shall
include a
statement that the value or amount was five seven
hundred fifty
dollars
or
more.
(2) If the finding and return relate to a violation of
division
section 2909.05 of the Revised Code and are that the
value or amount of the
physical harm was in any of the following
categories, the finding and return
shall include one of the
following statements, as appropriate:
(a) If the finding and return are that the value or amount
was
one hundred thousand dollars or more, a statement that the
value
or amount was one hundred thousand dollars or more;
(b) If the finding and return are that the value or amount
was
five thousand dollars or more but less than one
hundred
thousand dollars a statement that the value or amount was five
thousand dollars or more but less than one hundred thousand
dollars;
(c) If the finding and return are that the value or amount
was five seven hundred fifty dollars or more but less than five
thousand
dollars, a statement that the value or
amount was five
seven
hundred fifty
dollars or more but less than five thousand
dollars.
(B) The following criteria shall be used in determining
the
value of property or amount of physical harm involved in a
violation of division (A)(1) of section
2909.03 or section 2909.05
of the
Revised Code:
(1) If the property is an heirloom, memento, collector's
item, antique, museum piece, manuscript, document, record, or
other thing that is either irreplaceable or is replaceable only
on
the expenditure of substantial time, effort, or money, the
value
of the property or the amount of physical harm involved is
the
amount that would compensate the owner for its loss.
(2) If the property is not covered under division (B)(1)
of
this section and the physical harm is such that the property
can
be restored substantially to its former condition, the amount
of
physical harm involved is the reasonable cost of restoring the
property.
(3) If the property is not covered under division (B)(1)
of
this section and the physical harm is such that the property
cannot be restored substantially to its former condition, the
value of the property, in the case of personal property, is the
cost of replacing the property with new property of like kind and
quality, and, in the case of real property or real property
fixtures, is the difference in the fair market value of the
property immediately before and immediately after the offense.
(C) As used in this section, "fair market value" has the
same
meaning as in section 2913.61 of the Revised Code.
(D) Prima-facie evidence of the value of property, as
provided in division (E) of section 2913.61 of the Revised Code,
may be used to establish the value of property pursuant to this
section.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized
to
give consent;
(2) Beyond the scope of the express or implied consent of
the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise
provided in this division or
division
(B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of
this section is petty theft, a
misdemeanor of the first degree.
If
the value of the property or
services stolen is five seven hundred
fifty
dollars or more and is less than
five thousand dollars or
if the
property stolen is any of the
property listed in section
2913.71
of the Revised Code, a
violation of this section is theft,
a
felony of the fifth
degree. If the value of the property or
services stolen is five
thousand dollars or more and is less than
one hundred thousand
dollars, a violation of this
section is grand
theft, a felony of the fourth degree. If the value of the
property
or
services stolen is one hundred thousand dollars or
more and is
less than five hundred thousand dollars, a
violation
of this
section is aggravated theft, a felony of
the
third
degree.
If the
value of the property or services is five hundred
thousand
dollars
or more and is less than one million dollars, a
violation of this
section is aggravated theft, a felony of the
second degree. If the
value of the property or services
stolen is
one million dollars or
more, a violation of this section
is
aggravated theft of one
million dollars or more, a felony of
the
first degree.
(3) Except as otherwise provided in division (B)(4),
(5),
(6), (7), or (8)
of this section, if the victim of the offense is
an elderly
person or
disabled adult, a violation
of this section
is theft
from an elderly person or disabled adult, and
division
(B)(3) of
this section applies. Except as
otherwise provided in
this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five seven hundred fifty dollars or more and
is less than
five thousand dollars, theft from an elderly person
or disabled
adult is a felony of the fourth degree. If the value
of the
property or services stolen is five thousand dollars or
more and
is less than twenty-five thousand dollars, theft from an
elderly
person or disabled adult is a felony of the third degree.
If the
value of the property or services stolen is twenty-five
thousand
dollars or more and is less than one hundred thousand
dollars,
theft from an elderly person or disabled adult is
a
felony of the
second degree. If the value of the property or
services stolen is
one hundred thousand dollars or more, theft
from an elderly person
or disabled adult is a felony of the first
degree.
(4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of
the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle,
a violation
of
this section
is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a
violation
of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) In addition to the penalties described in division
(B)(2)
of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court
may
do one of the following:
(a) Unless division (B)(9)(b) of this section applies,
suspend for not more than six months the offender's driver's
license,
probationary driver's license, commercial driver's
license,
temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary
driver's
license, commercial driver's license, temporary
instruction
permit, or nonresident operating privilege has
previously been
suspended pursuant to division (B)(9)(a) of this
section, impose a
class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property
and any
loss of revenue resulting from deprivation of the property
due to
theft of rental services that is less than or equal to the
actual
value of the property at the time it was rented. Evidence of
intent to
commit
theft of rented property or rental services
shall be
determined
pursuant to the provisions of section
2913.72 of the
Revised
Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(9)
of this section may grant the offender limited driving privileges
during
the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2913.03. (A) No person shall knowingly use or
operate
an aircraft, motor vehicle, motorcycle, motorboat, or
other
motor-propelled vehicle without the consent of the owner or
person
authorized to give consent.
(B) No person shall knowingly use or operate an aircraft,
motor vehicle, motorboat, or other motor-propelled vehicle
without
the consent of the owner or person authorized to give
consent, and
either remove it from this state or keep possession
of it for more
than forty-eight hours.
(C) The following are affirmative defenses to a charge
under
this section:
(1) At the time of the alleged offense, the actor, though
mistaken, reasonably believed that the actor was authorized to use
or operate the property.
(2) At the time of the alleged offense, the actor
reasonably
believed that the owner or person empowered to give
consent would
authorize the actor to use or operate the property.
(D)(1) Whoever violates this section is guilty of
unauthorized use of a vehicle.
(2) Except as otherwise provided in division (D)(4) of
this
section, a violation of division (A)
of this section is a
misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4)
of this
section, a violation of division
(B) of this section is a felony
of the fifth degree.
(4) If the victim of the offense is an elderly person or
disabled adult and if the victim incurs a
loss as a result of the
violation, a violation of division (A) or
(B) of this section is
whichever of the following is applicable:
(a) Except as otherwise provided in division
(D)(4)(b), (c),
or (d), or
(e) of this section, a felony of the fifth degree;
(b) If the loss to the victim is five seven hundred fifty
dollars
or more and
is less than five thousand dollars, a felony
of the
fourth degree;
(c) If the 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 loss to the victim is twenty-five thousand dollars
or
more, a felony of the second degree.
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.
(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 seven hundred fifty 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) 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 seven hundred fifty 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 seven hundred fifty 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. 2913.11. (A) As used in this section:
(1) "Check" includes any form of debit from a demand deposit
account, including, but not limited to any of the following:
(a) A check, bill of exchange, draft, order of withdrawal, or
similar negotiable or non-negotiable instrument;
(b) An electronic check, electronic transaction, debit card
transaction, check card transaction, substitute check, web check,
or any form of automated clearing house transaction.
(2) "Issue a check" means causing any form of debit from a
demand deposit account.
(B) No person, with purpose to defraud,
shall issue or
transfer or cause to be issued or transferred a
check or other
negotiable instrument, knowing that it will be
dishonored or
knowing that a person has ordered or will order stop payment on
the check or other negotiable instrument.
(C) For purposes of this section, a person who issues or
transfers a check or other negotiable instrument is presumed to
know that it will be dishonored if either of the following
occurs:
(1) The drawer had no account with the drawee at the time
of
issue or the stated date, whichever is later;
(2) The check or other negotiable instrument was properly
refused payment for insufficient funds upon presentment within
thirty days after issue or the stated date, whichever is later,
and the liability of the drawer, indorser, or any party who may
be
liable thereon is not discharged by payment or satisfaction
within
ten days after receiving notice of dishonor.
(D) For purposes of this section, a person who issues or
transfers a check, bill of exchange, or other draft is presumed
to
have the purpose to defraud if the drawer fails to comply with
section 1349.16 of the Revised Code by doing any of the following
when opening a checking account intended for personal, family, or
household purposes at a financial institution:
(1) Falsely stating that the drawer has not been issued a
valid
driver's or commercial driver's license or identification
card
issued under section 4507.50 of the Revised Code;
(2) Furnishing such license or card, or another
identification document that contains false information;
(3) Making a false statement with respect to the drawer's
current
address or any additional relevant information reasonably
required by the financial institution.
(E) In determining the value of the payment for purposes of
division (F) of this section, the court may aggregate all checks
and other negotiable instruments that the offender issued or
transferred or caused to be issued or transferred in violation of
division (A) of this section within a period of one hundred eighty
consecutive days.
(F) Whoever violates this section is guilty of passing bad
checks. Except as otherwise provided
in this division, passing bad
checks is
a misdemeanor of the first degree. If the check or
checks or other
negotiable instrument or instruments are issued or
transferred to a single vendor or single other person for the
payment of five seven hundred fifty dollars or
more but less than
five
thousand dollars or if the check or checks or other
negotiable
instrument or instruments are issued or transferred to
multiple
vendors or persons for the payment of one thousand
dollars or more
but less than five thousand dollars,
passing bad
checks is a
felony of the fifth degree.
If the check or checks or
other
negotiable instrument or instruments are for the payment of
five
thousand dollars or more but less than one hundred
thousand
dollars, passing bad checks is a felony of the fourth degree. If
the
check or checks or other negotiable instrument or instruments
are for the payment of one hundred
thousand dollars or more,
passing bad checks is a felony of the third degree.
Sec. 2913.21. (A) No person shall do any of the
following:
(1) Practice deception for the purpose of procuring the
issuance of a credit card, when a credit card is issued in actual
reliance thereon;
(2) Knowingly buy or sell a credit card from or to a
person
other than the issuer.
(B) No person, with purpose to defraud, shall do any of
the
following:
(1) Obtain control over a credit card as security for a
debt;
(2) Obtain property or services by the use of a credit
card,
in one or more transactions, knowing or having reasonable
cause to
believe that the card has expired or been revoked, or
was
obtained, is retained, or is being used in violation of law;
(3) Furnish property or services upon presentation of a
credit card, knowing that the card is being used in violation of
law;
(4) Represent or cause to be represented to the issuer of
a
credit card that property or services have been furnished,
knowing
that the representation is false.
(C) No person, with purpose to violate this section, shall
receive, possess, control, or dispose of a credit card.
(D)(1) Whoever violates this section is guilty of misuse
of
credit cards.
(2) Except as otherwise provided in division (D)(4) of
this
section, a violation of division (A), (B)(1), or (C) of this
section is a misdemeanor of the first degree.
(3) Except as otherwise provided in this division or division
(D)(4) of this section, a violation of division
(B)(2), (3), or
(4) of this section is a misdemeanor of the first degree. If
the
cumulative retail value of the property and services involved in
one or
more
violations of division (B)(2), (3), or (4) of this
section, which
violations involve one or more credit card accounts
and occur
within a period of ninety consecutive days commencing on
the date
of the first violation, is five seven hundred fifty
dollars or
more and is
less than five thousand dollars, misuse of
credit
cards in violation of any of those divisions is a felony of
the
fifth degree. If the cumulative retail
value of the property
and
services involved in one or more
violations of division
(B)(2),
(3), or (4) of this section, which
violations involve one
or more
credit card accounts and occur
within a period of ninety
consecutive days commencing on the date
of the first violation, is
five thousand dollars or more and is
less than one hundred
thousand dollars,
misuse of credit cards in violation of any of
those divisions is a
felony of the fourth degree. If the
cumulative retail value of the property and services involved in
one or more violations of division (B)(2), (3), or (4) of this
section, which violations involve one or more credit card
accounts
and occur within a period of ninety consecutive days
commencing on
the date of the first violation, is one hundred
thousand dollars
or more, misuse of credit cards in violation
of any of those
divisions is a felony
of the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, and if the offense involves
a violation of
division (B)(1) or (2) of this section, division
(D)(4) of this
section applies. Except as otherwise provided in
division (D)(4)
of this section, a violation of division
(B)(1) or (2) of this
section is a felony of the fifth degree. If
the debt for which the
card is held as security or the cumulative retail value
of the
property or services involved in the violation is five seven
hundred fifty dollars
or more and is less than five thousand
dollars,
a
violation of either of those
divisions is a felony of
the
fourth
degree. If the debt for which the card is
held as
security
or the
cumulative retail value of the property or
services
involved in
the violation is five thousand dollars or
more and is
less than
twenty-five thousand dollars, a violation
of either of
those
divisions is a
felony of the third degree. If
the debt for
which
the card is held as
security or the
cumulative retail value
of the
property or services involved
in
the violation is
twenty-five
thousand dollars or more,
a
violation of either of
those divisions
is a felony
of the second
degree.
Sec. 2913.31. (A) No person, with purpose to defraud, or
knowing that the person is facilitating a fraud, shall do any of
the
following:
(1) Forge any writing of another without the other person's
authority;
(2) Forge any writing so that it purports to be genuine
when
it actually is spurious, or to be the act of another who did
not
authorize that act, or to have been executed at a time or
place or
with terms different from what in fact was the case, or
to be a
copy of an original when no such original existed;
(3) Utter, or possess with purpose to utter, any writing
that
the person knows to have been forged.
(B) No person shall knowingly do either of the following:
(1) Forge an identification card;
(2) Sell or otherwise distribute a card that purports to
be
an identification card, knowing it to have been forged.
As used in this division, "identification card" means a
card
that includes personal information or characteristics of an
individual, a purpose of which is to establish the identity of
the
bearer described on the card, whether the words "identity,"
"identification," "identification card," or other similar words
appear on the card.
(C)(1)(a) Whoever violates division (A) of this section is
guilty of forgery.
(b) Except as otherwise provided in this
division or division
(C)(1)(c) of this
section, forgery is a felony of the fifth
degree.
If property or services are involved in the offense or
the victim suffers a
loss, forgery is one of the following:
(i) 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;
(ii) 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.
(c) If the victim of the offense is an elderly person or
disabled adult, division (C)(1)(c) of this section
applies to the
forgery. Except as
otherwise provided in division (C)(1)(c) of
this
section, forgery is a felony of the fifth
degree. If property
or services are involved in the offense or if the
victim suffers a
loss, forgery is one of the following:
(i) If the value of the property or services or the
loss to
the victim is five seven hundred fifty dollars or more and is less
than five thousand dollars, a felony of the fourth
degree;
(ii) If
the value of the property or
services or the loss to
the victim is five thousand dollars or
more and is less than
twenty-five thousand dollars, a
felony of the third degree;
(iii) If the value of
the property or services or the loss to
the victim is twenty-five
thousand dollars or more, a felony of
the second degree.
(2) Whoever violates division (B) of this section is
guilty
of forging identification cards or selling or distributing
forged
identification cards. Except as otherwise provided
in this
division, forging identification cards or selling or distributing
forged identification cards is a misdemeanor of the first degree.
If the offender previously has been convicted of a violation of
division (B) of this section, forging identification
cards or
selling or
distributing forged identification cards is a
misdemeanor of the
first degree and, in addition, the court shall
impose upon the
offender a fine of not less than two hundred fifty
dollars.
Sec. 2913.32. (A) No person, with purpose to defraud, or
knowing that
the person is facilitating a fraud, shall do any of
the following:
(1) Make or alter any object so that it appears to have value
because of
antiquity, rarity, curiosity, source, or authorship,
which it does not in
fact possess;
(2) Practice deception in making, retouching, editing, or
reproducing any
photograph, movie film, video tape, phonograph
record, or recording tape;
(3) Falsely or fraudulently make, simulate, forge, alter, or
counterfeit any
wrapper, label, stamp, cork, or cap prescribed by
the liquor control
commission under Chapters 4301. and 4303. of
the Revised Code,
falsely or fraudulently cause to be made,
simulated, forged,
altered, or
counterfeited any wrapper, label,
stamp, cork, or cap prescribed
by the liquor
control commission
under Chapters 4301. and 4303. of the
Revised Code, or use more
than once any
wrapper, label,
stamp, cork, or cap prescribed by
the liquor control commission
under Chapters 4301. and 4303. of
the Revised Code.
(4) Utter, or possess with purpose to utter, any object
that
the person knows to have been simulated as provided in division
(A)(1),
(2), or (3) of this section.
(B) Whoever violates this section is guilty of criminal
simulation. Except as otherwise provided in this division,
criminal simulation is a misdemeanor of the first degree. If the
loss to the
victim is five seven hundred fifty dollars or more
and is
less than five thousand dollars,
criminal simulation is a
felony
of the fifth degree. If the loss to the
victim
is five
thousand
dollars or more and is less than one hundred thousand
dollars,
criminal simulation is
a felony of the fourth degree. If
the loss
to the victim is one hundred
thousand
dollars or more,
criminal
simulation is a felony of the third degree.
Sec. 2913.34. (A) No person shall knowingly do any
of the
following:
(1) Attach, affix, or otherwise use a counterfeit mark in
connection
with the manufacture of goods or services, whether or
not the goods or
services
are intended for sale or resale;
(2) Possess, sell, or offer for sale tools, machines,
instruments,
materials, articles, or other items of personal
property with the knowledge
that they are designed for the
production or reproduction of counterfeit
marks;
(3) Purchase or otherwise acquire goods, and keep or
otherwise have the
goods in the person's possession, with the
knowledge that a counterfeit mark
is attached to, affixed to, or
otherwise used in connection with the goods and
with the intent to
sell or otherwise dispose of the goods;
(4) Sell, offer for sale, or otherwise dispose of goods with
the
knowledge that a counterfeit mark is attached to, affixed to,
or otherwise
used in connection with the goods;
(5) Sell, offer for sale, or otherwise provide services with
the
knowledge that a counterfeit mark is used in connection with
that sale,
offer for sale, or other provision of the services.
(B)(1) Whoever violates this section is guilty of trademark
counterfeiting.
(2) Except as otherwise provided in this division, a
violation of
division (A)(1) of this section is a felony of
the
fifth degree. Except as otherwise provided in this division, if
the
cumulative sales price of the goods or services to which or in
connection with
which the counterfeit mark is attached, affixed,
or otherwise used in the
offense is five thousand dollars or more
but less than one hundred thousand
dollars or if the number of
units of goods to which or in
connection with which the
counterfeit mark is attached, affixed, or otherwise
used in the
offense is more than one hundred units but less than one thousand
units, a violation of division (A)(1) of this
section is a felony
of the fourth degree. If the cumulative sales price of
the goods
or services to which or in connection with which the counterfeit
mark is attached, affixed, or otherwise used in the offense is one
hundred
thousand dollars or more or if the number of units of
goods to which or in
connection with which the counterfeit mark is
attached, affixed, or otherwise
used in the offense is one
thousand units or more, a violation of division
(A)(1) of this
section is a felony of the third degree.
(3) Except as otherwise provided in this division, a
violation of
division (A)(2) of this section is a
misdemeanor of
the first degree. If the circumstances of the violation
indicate
that the tools, machines, instruments, materials, articles, or
other
items of personal property involved in the violation were
intended for use in
the commission of a felony, a violation of
division (A)(2) of this
section is a felony of the fifth degree.
(4) Except as otherwise provided in this division, a
violation of division
(A)(3), (4), or (5) of this section is a
misdemeanor of the first
degree. Except as otherwise provided in
this division, if the cumulative sales price of the goods or
services to which
or in connection with which the counterfeit mark
is attached, affixed, or
otherwise used in the offense is five
seven
hundred fifty dollars or more but less than
five thousand
dollars, a
violation of division
(A)(3), (4), or (5) of this
section is a
felony of the fifth degree. Except
as otherwise
provided in this
division, if the cumulative sales price of the
goods or services
to which or in connection with which the
counterfeit mark is
attached, affixed, or otherwise used in the
offense is five
thousand dollars
or more but less than one
hundred thousand
dollars or if the number of units
of goods to
which or in
connection with which the counterfeit mark is
attached, affixed,
or otherwise used in the offense is more than
one hundred
units
but less than one thousand units,
a violation
of division (A)(3),
(4), or (5) of this
section is a felony of
the fourth
degree. If
the cumulative sales price of the goods or
services to which or in
connection with which the counterfeit mark
is attached, affixed,
or otherwise
used in the offense is one
hundred
thousand dollars
or more or if the number of units of
goods to which or in
connection with which the counterfeit mark is
attached, affixed,
or otherwise
used in the offense is one
thousand units or more, a
violation of division
(A)(3), (4), or
(5) of this section is a
felony of the third degree.
(C) A defendant may assert as an
affirmative defense to a
charge of a violation of this section defenses,
affirmative
defenses, and limitations on remedies that would be available in a
civil, criminal, or administrative action or proceeding under the
"Lanham
Act," 60 Stat. 427-443 (1946), 15 U.S.C.
1051-1127, as
amended, "The Trademark Counterfeiting
Act of 1984," 98 Stat.
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or
another section
of the
Revised Code, or common law.
(D)(1) Law enforcement officers may seize pursuant to
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code
either of the following:
(a) Goods to which or in connection with which a person
attached,
affixed, otherwise used, or intended to attach, affix,
or otherwise use a
counterfeit mark in violation of this section;
(b) Tools, machines, instruments, materials, articles,
vehicles,
or other items of personal property that are possessed,
sold, offered for
sale, or used in a violation of this section or
in an attempt to commit or
complicity in the commission of a
violation of this section.
(2) Notwithstanding any contrary provision of Chapter 2981.
of the Revised Code, if a person is convicted of or pleads
guilty
to a violation of this section, an attempt to violate this
section, or
complicity in a violation of this section, the court
involved shall declare
that the goods described in division
(D)(1)(a) of this section and the
personal property described in
division (D)(1)(b) of this section
are contraband and are
forfeited. Prior to the court's entry of judgment
under Criminal
Rule
32, the owner of a registered trademark or service mark that
is the subject of
the counterfeit mark may recommend a manner in
which
the forfeited goods and forfeited personal property should
be disposed of. If
that owner makes a timely recommendation of a
manner of disposition, the court
is not bound by the
recommendation. If
that owner makes a timely recommendation of a
manner of disposition, the court
may include in its entry of
judgment an order that requires appropriate
persons to dispose of
the forfeited goods and forfeited personal property in
the
recommended manner. If that owner fails to make a timely
recommendation
of a manner of disposition or if that owner makes a
timely recommendation of
the manner of disposition but the court
determines to not follow the
recommendation, the court shall
include in its entry of judgment an order that
requires the law
enforcement agency that employs the law enforcement officer
who
seized the forfeited goods or the forfeited personal property to
destroy
them or cause their destruction.
(E) This section does not affect the
rights of an owner of a
trademark or a service mark, or the enforcement in a
civil action
or in administrative proceedings of the rights of an owner of a
trademark or a service mark, under the "Lanham
Act," 60 Stat.
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as
amended,
Chapter 1329. or another section of the Revised Code, or
common law.
(F) As used in this section:
(1)(a) Except as provided in division (F)(1)(b) of this
section, "counterfeit
mark" means a spurious trademark or a
spurious service mark that satisfies
both of the following:
(i) It is identical with or substantially indistinguishable
from
a mark that is registered on the principal register in the
United
States patent and trademark office for the same goods or
services as the goods or services to which or in connection with
which the
spurious trademark or spurious service mark is attached,
affixed, or otherwise
used or from a mark
that is registered with
the secretary of state pursuant to
sections 1329.54 to 1329.67 of
the Revised
Code for the same goods or services as the goods or
services
to which or in connection with which the spurious
trademark or spurious
service mark is attached, affixed, or
otherwise used, and the owner of the
registration uses
the
registered mark, whether or not the offender knows that the mark
is
registered in a manner described in division (F)(1)(a)(i) of
this section.
(ii) Its use is likely to cause confusion or mistake or to
deceive other persons.
(b) "Counterfeit mark" does not include a mark or other
designation that is attached to, affixed to, or otherwise used in
connection
with goods or services if the holder of the right to
use the mark or
other designation authorizes the manufacturer,
producer, or vendor of those
goods or services to attach, affix,
or otherwise use the mark or other
designation in connection with
those goods or services at the time of their
manufacture,
production, or sale.
(2) "Cumulative sales price" means the product of the lowest
single unit
sales price charged or sought to be charged by an
offender for goods to which
or in connection with which a
counterfeit mark is attached, affixed, or
otherwise used or of the
lowest single service transaction price charged or
sought to be
charged by an offender for services in connection with which a
counterfeit mark is used, multiplied by the total number of those
goods
or services, whether or not units of goods are sold or are
in an offender's
possession, custody, or control.
(3) "Registered trademark or service mark" means a trademark
or service
mark that is registered in a manner described in
division (F)(1) of this
section.
(4) "Trademark" and "service mark" have the same meanings as
in section
1329.54 of the Revised Code.
Sec. 2913.40. (A) As used in this section:
(1)
"Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medical assistance program or
that states income and expense and is or may be used to determine
a rate of reimbursement under the medical assistance program.
(2)
"Medical assistance program" means the program
established by the department of job and family services
to
provide
medical assistance under section 5111.01 of the Revised
Code and
the medicaid program of Title XIX of the
"Social Security
Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(3)
"Provider" means any person who has signed a provider
agreement with the department of job and family services
to
provide goods
or services pursuant to the medical assistance
program or any
person who has signed an agreement with a party to
such a
provider agreement under which the person agrees to provide
goods
or services that are reimbursable under the medical
assistance
program.
(4)
"Provider agreement" means an oral or written
agreement
between the department of job and family
services and a person
in
which the person agrees to provide goods or services under the
medical assistance program.
(5)
"Recipient" means any individual who receives goods or
services from a provider under the medical assistance program.
(6)
"Records" means any medical, professional, financial,
or
business records relating to the treatment or care of any
recipient, to goods or services provided to any recipient, or to
rates paid for goods or services provided to any recipient and
any
records that are required by the rules of the
director of job and
family services to be kept for
the medical
assistance program.
(B) No person shall knowingly make or cause to be made a
false or misleading statement or representation for use in
obtaining reimbursement from the medical assistance program.
(C) No person, with purpose to commit fraud or knowing
that
the person is facilitating a fraud, shall do either of the
following:
(1) Contrary to the terms of the person's provider
agreement,
charge, solicit, accept, or receive for goods or
services that the
person
provides under the medical assistance
program any property,
money, or other consideration in addition to
the amount of
reimbursement under the medical assistance program
and the
person's
provider agreement for the goods or services and
any
cost-sharing expenses authorized by
section
5111.0112 of
the
Revised Code
or rules
adopted
pursuant to
section 5111.01,
5111.011, or 5111.02 of the Revised Code.
(2) Solicit, offer, or receive any remuneration, other
than
any cost-sharing expenses authorized by
section 5111.0112 of the
Revised Code or
rules adopted under
section
5111.01, 5111.011, or
5111.02 of
the Revised Code,
in cash
or in kind, including,
but
not
limited to, a
kickback or
rebate,
in connection with the
furnishing of goods or
services for
which
whole or partial
reimbursement is or may be
made under the
medical
assistance
program.
(D) No person, having submitted a claim for or provided
goods
or services under the medical assistance program, shall do
either
of the following for a period of at least six years after
a
reimbursement pursuant to that claim, or a reimbursement for
those
goods or services, is received under the medical assistance
program:
(1) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to fully disclose the nature of
all
goods or services for which the claim was submitted, or for
which
reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to disclose fully all income and
expenditures upon which rates of reimbursements were based for
the
person.
(E) Whoever violates this section is guilty of medicaid
fraud. Except as otherwise provided in this division,
medicaid
fraud is a
misdemeanor of the first degree. If the value of
property, services, or funds
obtained in violation of this section
is five seven hundred fifty dollars or more and is
less than five
thousand
dollars, medicaid fraud is a felony of the fifth
degree.
If the
value of property, services, or funds obtained in violation
of
this section is five thousand dollars or more and is less than
one
hundred
thousand dollars, medicaid fraud is
a felony of the
fourth
degree. If the value of the
property, services, or funds
obtained
in violation of this
section is one hundred thousand
dollars or
more, medicaid fraud is
a
felony of the third degree.
(F) Upon application of the governmental agency, office,
or
other entity that conducted the investigation and prosecution
in a
case under this section, the court shall order any person
who is
convicted of a violation of this section for receiving any
reimbursement for furnishing goods or services under the medical
assistance program to which the person is not entitled to
pay to
the
applicant its cost of investigating and prosecuting the case.
The costs of investigation and prosecution that a defendant is
ordered to pay pursuant to this division shall be in addition to
any other penalties for the receipt of that reimbursement that
are
provided in this section, section 5111.03 of the Revised
Code, or
any other provision of law.
(G) The provisions of this section are not intended to be
exclusive remedies and do not preclude the use of any other
criminal or civil remedy for any act that is in violation of this
section.
Sec. 2913.401. (A) As used in this section:
(1) "Medicaid benefits" means benefits under the medical
assistance program established under Chapter 5111. of the Revised
Code.
(2) "Property" means any real or personal property or other
asset in which a person has any legal title or interest.
(B) No person shall knowingly do any of the following in an
application for medicaid benefits or in a document that requires a
disclosure of assets for the purpose of determining eligibility to
receive medicaid benefits:
(1) Make or cause to be made a false or misleading statement;
(2) Conceal an interest in property;
(3)(a) Except as provided in division (B)(3)(b) of this
section, fail to disclose a transfer of property that occurred
during the period beginning thirty-six months before submission of
the application or document and ending on the date the application
or document was submitted;
(b) Fail to disclose a transfer of property that occurred
during the period beginning sixty months before submission of the
application or document and ending on the date the application or
document was submitted and that was made to an irrevocable trust a
portion of which is not distributable to the applicant for
medicaid benefits or the recipient of medicaid benefits or to a
revocable trust.
(C)(1) Whoever violates this section is guilty of medicaid
eligibility fraud. Except as otherwise provided in this division,
a violation of this section is a misdemeanor of the first degree.
If the value of the medicaid benefits paid as a result of the
violation is five seven hundred fifty dollars or more and is less
than
five thousand dollars, a violation of this section is a
felony of
the fifth degree. If the value of the medicaid benefits
paid as a
result of the violation is five thousand dollars or
more and is
less than one hundred thousand dollars, a violation
of this
section is a felony of the fourth degree. If the value of
the
medicaid benefits paid as a result of the violation is one
hundred
thousand dollars or more, a violation of this section is
a felony
of the third degree.
(2) In addition to imposing a sentence under division (C)(1)
of this section, the court shall order that a person who is guilty
of medicaid eligibility fraud make restitution in the full amount
of any medicaid benefits paid on behalf of an applicant for or
recipient of medicaid benefits for which the applicant or
recipient was not eligible, plus interest at the rate applicable
to judgments on unreimbursed amounts from the date on which the
benefits were paid to the date on which restitution is made.
(3) The remedies and penalties provided in this section are
not exclusive and do not preclude the use of any other criminal or
civil remedy for any act that is in violation of this section.
(D) This section does not apply to a person who fully
disclosed in an application for medicaid benefits or in a document
that requires a disclosure of assets for the purpose of
determining eligibility to receive medicaid benefits all of the
interests in property of the applicant for or recipient of
medicaid benefits, all transfers of property by the applicant for
or recipient of medicaid benefits, and the circumstances of all
those transfers.
(E) Any amounts of medicaid benefits recovered as restitution
under this section and any interest on those amounts shall be
credited to the general revenue fund, and any applicable federal
share shall be returned to the appropriate agency or department of
the United States.
Sec. 2913.42. (A) No person, knowing the person has no
privilege
to do so, and with purpose to defraud or knowing that
the person is
facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or
mutilate any writing, computer software, data,
or record;
(2) Utter any writing or record, knowing it to have been
tampered with as provided in division (A)(1) of this section.
(B)(1) Whoever violates this section is guilty of tampering
with records.
(2) Except as provided in division (B)(4) of this
section, if
the offense does not involve data or computer
software, tampering
with records is
whichever of the following is applicable:
(a) If division (B)(2)(b) of this section does not apply, a
misdemeanor of
the first degree;
(b) If the writing or record is a will unrevoked at the
time
of the offense, a felony of the fifth degree.
(3) Except as provided in division (B)(4) of this
section, if
the offense involves a violation of division (A) of
this section
involving data or computer software, tampering with
records is
whichever of the following is
applicable:
(a) Except as otherwise provided in division (B)(3)(b), (c),
or (d) of this
section, a misdemeanor of the first degree;
(b) If the value of the data or computer software involved in
the
offense
or the loss to the victim is five seven hundred fifty
dollars or more and is less than
five thousand dollars, a felony
of the fifth degree;
(c) If the value of the data or computer software involved in
the
offense 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 data or computer software involved in
the
offense or
the loss to the victim is one hundred thousand
dollars or more or if the
offense is committed for the purpose of
devising or executing a scheme to defraud or to obtain property
or
services and the value of the property or services or the loss
to
the victim is five thousand dollars or more, a felony
of the third
degree.
(4) If the writing, data, computer software, or
record is
kept by or belongs to a local, state, or federal governmental
entity, a felony of the third degree.
Sec. 2913.421. (A) As used in this section:
(1) "Computer," "computer network," and "computer system"
have the same meanings as in section 2913.01 of the Revised Code.
(2) "Commercial electronic mail message" means any electronic
mail message the primary purpose of which is the commercial
advertisement or promotion of a commercial product or service,
including content on an internet web site operated for a
commercial purpose, but does not include a transactional or
relationship message. The inclusion of a reference to a commercial
entity or a link to the web site of a commercial entity does not,
by itself, cause that message to be treated as a commercial
electronic mail message for the purpose of this section, if the
contents or circumstances of the message indicate a primary
purpose other than commercial advertisement or promotion of a
commercial product or service.
(3) "Domain name" means any alphanumeric designation that is
registered with or assigned by any domain name registrar, domain
name registry, or other domain name registration authority as part
of an electronic address on the internet.
(4) "Electronic mail," "originating address," and "receiving
address" have the same meanings as in section 2307.64 of the
Revised Code.
(5) "Electronic mail message" means each electronic mail
addressed to a discrete addressee.
(6) "Electronic mail service provider" means any person,
including an internet service provider, that is an intermediary in
sending and receiving electronic mail and that provides to the
public electronic mail accounts or online user accounts from which
electronic mail may be sent.
(7) "Header information" means the source, destination, and
routing information attached to an electronic mail message,
including the originating domain name, the originating address,
and technical information that authenticates the sender of an
electronic mail message for computer network security or computer
network management purposes.
(8)
"Initiate the transmission" or "initiated" means to
originate or transmit a commercial electronic mail message or to
procure the origination or transmission of that message,
regardless of whether the message reaches its intended recipients,
but does not include actions that constitute routine conveyance of
such message.
(9) "Internet" has the same meaning as in section 341.42 of
the Revised Code.
(10) "Internet protocol address" means the string of numbers
by which locations on the internet are identified by routers or
other computers connected to the internet.
(11) "Materially falsify" means to alter or conceal in a
manner that would impair the ability of a recipient of an
electronic mail message, an electronic mail service provider
processing an electronic mail message on behalf of a recipient, a
person alleging a violation of this section, or a law enforcement
agency to identify, locate, or respond to the person that
initiated the electronic mail message or to investigate an alleged
violation of this section.
(12) "Multiple" means more than ten commercial electronic
mail messages during a twenty-four-hour period, more than one
hundred commercial electronic mail messages during a thirty-day
period, or more than one thousand commercial electronic mail
messages during a one-year period.
(13) "Recipient" means a person who receives a commercial
electronic mail message at any one of the following receiving
addresses:
(a) A receiving address furnished by an electronic mail
service provider that bills for furnishing and maintaining that
receiving address to a mailing address within this state;
(b) A receiving address ordinarily accessed from a computer
located within this state or by a person domiciled within this
state;
(c) Any other receiving address with respect to which this
section can be imposed consistent with the United States
Constitution.
(14) "Routine conveyance" means the transmission, routing,
relaying, handling, or storing, through an automated technical
process, of an electronic mail message for which another person
has identified the recipients or provided the recipient addresses.
(15) "Transactional or relationship message" means an
electronic mail message the primary purpose of which is to do any
of the following:
(a) Facilitate, complete, or confirm a commercial transaction
that the recipient has previously agreed to enter into with the
sender;
(b) Provide warranty information, product recall information,
or safety or security information with respect to a commercial
product or service used or purchased by the recipient;
(c) Provide notification concerning a change in the terms or
features of; a change in the recipient's standing or status with
respect to; or, at regular periodic intervals, account balance
information or other type of account statement with respect to, a
subscription, membership, account, loan, or comparable ongoing
commercial relationship involving the ongoing purchase or use by
the recipient of products or services offered by the sender;
(d) Provide information directly related to an employment
relationship or related benefit plan in which the recipient is
currently involved, participating, or enrolled;
(e) Deliver goods or services, including product updates or
upgrades, that the recipient is entitled to receive under the
terms of a transaction that the recipient has previously agreed to
enter into with the sender.
(B) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall do any of
the following:
(1) Knowingly use a computer to relay or retransmit multiple
commercial electronic mail messages, with the intent to deceive or
mislead recipients or any electronic mail service provider, as to
the origin of those messages;
(2) Knowingly and materially falsify header information in
multiple commercial electronic mail messages and purposely
initiate the transmission of those messages;
(3) Knowingly register, using information that materially
falsifies the identity of the actual registrant, for five or more
electronic mail accounts or online user accounts or two or more
domain names and purposely initiate the transmission of multiple
commercial electronic mail messages from one, or any combination,
of those accounts or domain names;
(4) Knowingly falsely represent the right to use five or more
internet protocol addresses, and purposely initiate the
transmission of multiple commercial electronic mail messages from
those addresses.
(C)(1) Whoever violates division (B) of this section is
guilty of illegally transmitting multiple commercial electronic
mail messages. Except as otherwise provided in division (C)(2) or
(E) of this section, illegally transmitting multiple commercial
electronic mail messages is a felony of the fifth degree.
(2) Illegally transmitting multiple commercial electronic
mail messages is a felony of the fourth degree if any of the
following apply:
(a) Regarding a violation of division (B)(3) of this section,
the offender, using information that materially falsifies the
identity of the actual registrant, knowingly registers for twenty
or more electronic mail accounts or online user accounts or ten or
more domain names, and purposely initiates, or conspires to
initiate, the transmission of multiple commercial electronic mail
messages from the accounts or domain names.
(b) Regarding any violation of division (B) of this section,
the volume of commercial electronic mail messages the offender
transmitted in committing the violation exceeds two hundred and
fifty during any twenty-four-hour period, two thousand five
hundred during any thirty-day period, or twenty-five thousand
during any one-year period.
(c) Regarding any violation of division (B) of this section,
during any one-year period the aggregate loss to the victim or
victims of the violation is five seven hundred fifty dollars or
more, or
during any one-year period the aggregate value of the
property or
services obtained by any offender as a result of the
violation is
five seven hundred fifty dollars or more.
(d) Regarding any violation of division (B) of this section,
the offender committed the violation with three or more other
persons with respect to whom the offender was the organizer or
leader of the activity that resulted in the violation.
(e) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses to which the
commercial electronic mail message was transmitted, if that
offender knew that the electronic mail addresses of the recipients
were obtained using an automated means from an internet web site
or proprietary online service operated by another person, and that
web site or online service included, at the time the electronic
mail addresses were obtained, a notice stating that the operator
of that web site or online service will not transfer addresses
maintained by that web site or online service to any other party
for the purposes of initiating the transmission of, or enabling
others to initiate the transmission of, electronic mail messages.
(f) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses of the
recipients obtained using an automated means that generates
possible electronic mail addresses by combining names, letters, or
numbers into numerous permutations.
(D)(1) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall knowingly
access a computer without authorization and purposely initiate the
transmission of multiple commercial electronic mail messages from
or through the computer.
(2) Except as otherwise provided in division (E) of this
section, whoever violates division (D)(1) of this section is
guilty of unauthorized access of a computer, a felony of the
fourth degree.
(E) Illegally transmitting multiple commercial electronic
mail messages and unauthorized access of a computer in violation
of this section are felonies of the third degree if the offender
previously has been convicted of a violation of this section, or a
violation of a law of another state or the United States regarding
the transmission of electronic mail messages or unauthorized
access to a computer, or if the offender committed the violation
of this section in the furtherance of a felony.
(F)(1) The attorney general or an electronic mail service
provider that is injured by a violation of this section may bring
a civil action in an appropriate court of common pleas of this
state seeking relief from any person whose conduct violated this
section. The civil action may be commenced at any time within one
year of the date after the act that is the basis of the civil
action.
(2) In a civil action brought by the attorney general
pursuant to division (F)(1) of this section for a violation of
this section, the court may award temporary, preliminary, or
permanent injunctive relief. The court also may impose a civil
penalty against the offender, as the court considers just, in an
amount that is the lesser of: (a) twenty-five thousand dollars for
each day a violation occurs, or (b) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(3) In a civil action brought by an electronic mail service
provider pursuant to division (F)(1) of this section for a
violation of this section, the court may award temporary,
preliminary, or permanent injunctive relief, and also may award
damages in an amount equal to the greater of the following:
(a) The sum of the actual damages incurred by the electronic
mail service provider as a result of a violation of this section,
plus any receipts of the offender that are attributable to a
violation of this section and that were not taken into account in
computing actual damages;
(b) Statutory damages, as the court considers just, in an
amount that is the lesser of: (i) twenty-five thousand dollars for
each day a violation occurs, or (ii) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(4) In assessing damages awarded under division (F)(3) of
this section, the court may consider whether the offender has
established and implemented, with due care, commercially
reasonable practices and procedures designed to effectively
prevent the violation, or the violation occurred despite
commercially reasonable efforts to maintain the practices and
procedures established.
(G) Any equipment, software, or other technology of a person
who violates this section that is used or intended to be used in
the commission of a violation of this section, and any real or
personal property that constitutes or is traceable to the gross
proceeds obtained from the commission of a violation of this
section, is contraband and is subject to seizure and forfeiture
pursuant to Chapter 2981. of the Revised Code.
(H) The attorney general may bring a civil action, pursuant
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the
state in a district court of the United States that has
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the
attorney general shall not bring a civil action under both this
division and division (F) of this section. If a federal court
dismisses a civil action brought under this division for reasons
other than upon the merits, a civil action may be brought under
division (F) of this section in the appropriate court of common
pleas of this state.
(I) Nothing in this section shall be construed:
(1) To require an electronic mail service provider to block,
transmit, route, relay, handle, or store certain types of
electronic mail messages;
(2) To prevent or limit, in any way, an electronic mail
service provider from adopting a policy regarding electronic mail,
including a policy of declining to transmit certain types of
electronic mail messages, or from enforcing such policy through
technical means, through contract, or pursuant to any remedy
available under any other federal, state, or local criminal or
civil law;
(3) To render lawful any policy adopted under division (I)(2)
of this section that is unlawful under any other law.
Sec. 2913.43. (A) No person, by deception, shall cause
another to execute any writing that disposes of or encumbers
property, or by which a pecuniary obligation is incurred.
(B)(1) Whoever violates this section is guilty of securing
writings
by
deception.
(2) Except as otherwise provided in this division or
division
(B)(3) of this section, securing
writings
by deception is a
misdemeanor of the first degree. If the value of the
property or
the obligation involved is five seven hundred fifty dollars or
more and
less
than five thousand dollars, securing writings by
deception is
a felony of the
fifth degree. If the value of the
property or the
obligation involved is five
thousand dollars or
more and is less
than one hundred thousand dollars,
securing
writings by deception
is a felony of the fourth degree. If the
value
of the property or
the obligation involved is one hundred
thousand dollars or
more,
securing writings by deception is a
felony of the third degree.
(3) If the victim of the offense is an elderly person or
disabled adult, division
(B)(3) of this section
applies. Except as
otherwise provided in division (B)(3) of this
section, securing
writings by
deception is a felony of the fifth degree. If the
value of the property or
obligation involved is
five seven hundred
fifty
dollars or more and is less than five thousand
dollars,
securing
writings by deception is a felony of the fourth
degree.
If the
value of the property or obligation involved is
five
thousand
dollars or more and is less than twenty-five
thousand
dollars,
securing writings by deception is a felony of
the third
degree. If
the value of the property or obligation
involved is
twenty-five
thousand dollars or more,
securing writings by
deception is a
felony of the second degree.
Sec. 2913.45. (A) No person, with purpose to defraud one or
more of
the person's creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey, or otherwise
deal with any of
the person's property;
(2) Misrepresent or refuse to disclose to a fiduciary
appointed to administer
or manage the person's affairs or estate,
the existence, amount, or
location of any of the person's
property, or any other information regarding
such property that
the person is legally required to furnish to the fiduciary.
(B) Whoever violates this section is guilty of defrauding
creditors. Except as otherwise provided in this division,
defrauding creditors is a
misdemeanor of the first degree. If the
value of the property involved is
five seven hundred fifty
dollars or
more and is less than five thousand dollars,
defrauding creditors
is a felony of the fifth degree. If the
value of the
property
involved is five thousand dollars or more
and is less than one
hundred thousand dollars, defrauding
creditors is a felony of the
fourth
degree. If the value of the
property involved is one
hundred thousand dollars
or more,
defrauding creditors is a felony
of the third degree.
Sec. 2913.46. (A)(1) As used in this section:
(a) "Electronically transferred benefit" means the transfer
of food stamp
program benefits or WIC program benefits through the
use of an access
device.
(b) "WIC program benefits" includes money, coupons, delivery
verification receipts, other documents, food, or other property
received
directly or indirectly pursuant to section 17 of the
"Child Nutrition
Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended.
(c) "Access device" means any card, plate, code, account
number, or other
means of access that can be used, alone or in
conjunction with another access
device, to obtain payments,
allotments, benefits, money, goods, or other
things
of value or
that can be used to initiate a transfer of funds pursuant to
section 5101.33 of the Revised Code and the "Food Stamp Act of
1977," 91 Stat. 958, 7 U.S.C.A. 2011 et seq., or any supplemental
food
program administered by any department of this state or any
county or local
agency pursuant to section 17 of the "Child
Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended. An "access device" may
include any electronic debit card
or other means authorized by section 5101.33
of the Revised Code.
(c)(d) "Aggregate value of the food stamp coupons, WIC
program
benefits, and electronically transferred
benefits involved
in the violation" means the
total face value of any food stamps,
plus the total face value of WIC
program coupons or delivery
verification receipts, plus the total value of
other WIC program
benefits, plus the total value of
any electronically transferred
benefit or other access device, involved in
the
violation.
(d)(e) "Total value of any electronically transferred benefit
or other
access
device" means the total value of the payments,
allotments, benefits, money,
goods, or other things of value that
may be obtained, or the total value of
funds that may be
transferred, by use of any electronically transferred
benefit or
other access device at the time of violation.
(2) If food stamp coupons, WIC program benefits, or
electronically
transferred benefits or other
access devices of
various values are used, transferred, bought, acquired,
altered,
purchased, possessed, presented for redemption, or transported in
violation of this section over a period of twelve months, the
course of
conduct may be charged as one offense and the values of
food stamp coupons,
WIC program benefits, or
any electronically
transferred benefits or other access devices may be
aggregated in
determining the degree of the offense.
(B) No individual shall knowingly possess,
buy, sell, use,
alter, accept, or transfer food stamp coupons, WIC
program
benefits, or any
electronically transferred benefit in any manner
not authorized by the "Food
Stamp Act of
1977," 91 Stat. 958, 7
U.S.C.A. 2011, as amended, or section 17 of the
"Child
Nutrition
Act of 1966," 80 Stat. 885, 42 U.S.C.A.
1786, as amended.
(C) No organization, as defined in division (D) of section
2901.23 of the Revised Code, shall do either of the following:
(1) Knowingly allow an employee or agent to sell, transfer,
or
trade items or services, the purchase of which is prohibited by
the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as
amended, or section 17 of the "Child Nutrition Act of
1966," 80
Stat. 885, 42 U.S.C.A. 1786, as amended, in exchange for
food
stamp coupons, WIC program benefits, or any
electronically
transferred benefit;
(2) Negligently allow an employee or agent to sell, transfer,
or
exchange food stamp coupons, WIC program benefits, or any
electronically transferred benefit
for anything of value.
(D) Whoever violates
this section is guilty of illegal use of
food stamps or WIC program
benefits. Except as otherwise provided
in this division, illegal use of food
stamps or WIC program
benefits is a felony of
the fifth degree. If the aggregate value
of the food stamp coupons,
WIC program benefits, and
electronically transferred benefits
involved in the violation is
five seven hundred fifty dollars or more
and is less than five
thousand
dollars, illegal use of food stamps or
WIC program
benefits is a
felony of the fourth degree. If the
aggregate value
of the food
stamp coupons, WIC program benefits, and
electronically
transferred benefits
involved in the violation is
five thousand
dollars or more and is less than
one hundred
thousand dollars,
illegal use of
food stamps or WIC program
benefits is a felony of
the third degree.
If the aggregate
value
of the food stamp
coupons, WIC program benefits, and
electronically transferred
benefits
involved in the violation is
one hundred thousand dollars
or more, illegal use
of
food stamps
or WIC program benefits is a
felony of the second degree.
Sec. 2913.47. (A) As used in this section:
(1) "Data" has the same meaning as in section 2913.01 of
the
Revised Code and additionally includes any other
representation of
information, knowledge, facts, concepts, or
instructions that are
being or have been prepared in a formalized
manner.
(2) "Deceptive" means that a statement, in whole or in
part,
would cause another to be deceived because it contains a
misleading representation, withholds information, prevents the
acquisition of information, or by any other conduct, act, or
omission creates, confirms, or perpetuates a false impression,
including, but not limited to, a false impression as to law,
value, state of mind, or other objective or subjective fact.
(3) "Insurer" means any person that is authorized to
engage
in the business of insurance in this state under Title
XXXIX of
the Revised Code, the Ohio fair plan underwriting
association
created under section 3929.43 of the Revised Code,
any health
insuring corporation, and any legal entity that is
self-insured
and provides benefits to its employees or members.
(4) "Policy" means a policy, certificate, contract, or
plan
that is issued by an insurer.
(5) "Statement" includes, but is not limited to, any
notice,
letter, or memorandum; proof of loss; bill of lading;
receipt for
payment; invoice, account, or other financial
statement; estimate
of property damage; bill for services;
diagnosis or prognosis;
prescription; hospital, medical, or
dental chart or other record;
x-ray, photograph, videotape, or
movie film; test result; other
evidence of loss, injury, or
expense; computer-generated document;
and data in any form.
(B) No person, with purpose to defraud or knowing that the
person
is facilitating a fraud, shall do either of the following:
(1) Present to, or cause to be presented to, an insurer
any
written or oral statement that is part of, or in support of,
an
application for insurance, a claim for payment pursuant to a
policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is
false
or deceptive;
(2) Assist, aid, abet, solicit, procure, or conspire with
another to prepare or make any written or oral statement that is
intended to be presented to an insurer as part of, or in support
of, an application for insurance, a claim for payment pursuant to
a policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is
false
or deceptive.
(C) Whoever violates this section is guilty of insurance
fraud. Except as
otherwise provided in this division, insurance
fraud is a misdemeanor of the
first degree. If the amount of the
claim that is false or deceptive is five seven hundred fifty
dollars or
more and is less than five thousand dollars, insurance
fraud is a
felony of the fifth degree. If the amount of the claim
that is
false or deceptive is five thousand dollars or more and
is
less
than one hundred thousand dollars,
insurance fraud is a
felony of
the fourth
degree. If the amount
of the claim that is
false or
deceptive is one hundred thousand
dollars or more,
insurance fraud
is a felony of the third degree.
(D) This section shall not be construed to abrogate,
waive,
or modify division (A) of section 2317.02 of the Revised
Code.
Sec. 2913.48. (A) No person, with purpose to defraud or
knowing that the person is facilitating a fraud, shall do any of
the
following:
(1) Receive workers' compensation benefits to which the
person is
not entitled;
(2) Make or present or cause to be made or presented a
false
or misleading statement with the purpose to secure payment
for
goods or services rendered under Chapter 4121., 4123., 4127.,
or
4131. of the Revised Code or to secure workers' compensation
benefits;
(3) Alter, falsify, destroy, conceal, or remove any record
or
document that is necessary to fully establish the validity of
any
claim filed with, or necessary to establish the nature and
validity of all goods and services for which reimbursement or
payment was received or is requested from, the bureau of workers'
compensation, or a self-insuring employer under Chapter 4121.,
4123., 4127., or 4131. of the Revised Code;
(4) Enter into an agreement or conspiracy to defraud the
bureau or a self-insuring employer by making or presenting or
causing to be made or presented a false claim for workers'
compensation benefits;
(5) Make or present or cause to be made or presented a false
statement concerning manual codes,
classification of employees,
payroll, paid compensation, or number of personnel, when
information
of that nature is necessary to determine the actual
workers' compensation
premium or
assessment owed to the bureau by
an employer;
(6) Alter, forge, or create a workers' compensation
certificate to falsely
show current or
correct workers'
compensation coverage;
(7) Fail to secure or maintain workers' compensation coverage
as
required by Chapter 4123. of the Revised Code with the intent
to defraud the bureau of workers' compensation.
(B) Whoever violates this section is guilty of workers'
compensation fraud. Except as
otherwise provided in this division,
a
violation of this section is a misdemeanor of the
first degree.
If the value of
premiums and assessments unpaid
pursuant to
actions described in division (A)(5), (6), or (7) of this
section,
or of
goods, services, property, or
money stolen is five seven
hundred
fifty
dollars or more and is less than
five thousand
dollars, a
violation of
this section is a felony of the fifth
degree. If
the
value of
premiums and assessments unpaid
pursuant
to actions
described in division (A)(5), (6), or (7) of this
section, or of
goods, services, property, or money stolen is five
thousand
dollars or more and is less than one hundred thousand
dollars, a
violation of
this section is a felony of the fourth
degree. If
the
value of
premiums and assessments unpaid
pursuant
to actions
described in division (A)(5), (6), or (7) of this
section, or of
goods, services, property, or money stolen is one
hundred
thousand
dollars or more, a violation of this section is
a felony of the
third
degree.
(C) Upon application of the governmental body that
conducted
the investigation and prosecution of a violation of
this section,
the court shall order the person who is convicted
of the violation
to pay the governmental body its costs of
investigating and
prosecuting the case. These costs are in
addition to any other
costs or penalty provided in the Revised
Code or any other section
of law.
(D) The remedies and penalties provided in this section
are
not exclusive remedies and penalties and do not preclude the
use
of any other criminal or civil remedy or penalty for any act
that
is in violation of this section.
(E) As used in this section:
(1) "False" means wholly or partially untrue or deceptive.
(2) "Goods" includes, but is not limited to, medical
supplies, appliances, rehabilitative equipment, and any other
apparatus or furnishing provided or used in the care, treatment,
or rehabilitation of a claimant for workers' compensation
benefits.
(3) "Services" includes, but is not limited to, any
service
provided by any health care provider to a claimant for
workers'
compensation benefits and any and all services provided by the
bureau
as part of workers' compensation insurance coverage.
(4) "Claim" means any attempt to cause the bureau, an
independent third party with whom the administrator or an
employer
contracts under section 4121.44 of the Revised Code, or
a
self-insuring employer to make payment or reimbursement for
workers' compensation benefits.
(5) "Employment" means participating in any trade,
occupation, business, service, or profession for substantial
gainful remuneration.
(6) "Employer," "employee," and "self-insuring employer"
have
the same meanings as in section 4123.01 of the Revised Code.
(7) "Remuneration" includes, but is not limited to, wages,
commissions, rebates, and any other reward or consideration.
(8) "Statement" includes, but is not limited to, any oral,
written, electronic, electronic impulse, or magnetic
communication
notice, letter, memorandum, receipt for payment,
invoice, account,
financial statement, or bill for services;
a diagnosis, prognosis,
prescription, hospital, medical, or dental
chart or other record;
and a computer generated document.
(9) "Records" means any medical, professional, financial,
or
business record relating to the treatment or care of any
person,
to goods or services provided to any person, or to rates
paid for
goods or services provided to any person, or any record
that the
administrator of workers' compensation requires pursuant
to rule.
(10) "Workers' compensation benefits" means any
compensation
or benefits payable under Chapter 4121., 4123.,
4127., or 4131. of
the Revised Code.
Sec. 2913.49. (A) As used in this section,
"personal
identifying information" includes, but is not limited to, the
following: the name, address,
telephone number, driver's license,
driver's license number,
commercial driver's license, commercial
driver's license number,
state identification card, state
identification card number,
social security card, social security
number,
birth certificate, place of
employment, employee
identification number,
mother's maiden
name, demand deposit
account number, savings
account number,
money market account
number, mutual fund account
number, other
financial account
number, personal identification
number,
password, or credit card
number of a living or dead
individual.
(B) No person, without the
express or implied consent of the
other person, shall
use,
obtain,
or possess
any
personal
identifying information of
another person with intent to
do
either
of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying
information as the
person's own personal
identifying information.
(C) No person shall create, obtain, possess, or use the
personal
identifying information of any
person
with the intent to
aid or abet another
person in violating
division (B) of this
section.
(D)
No person, with intent to defraud, shall permit another
person to use the person's own personal identifying information.
(E) No person who is permitted to use another person's
personal identifying information as described in division (D) of
this section shall use, obtain, or possess the other person's
personal identifying information with intent to defraud any person
by doing any act identified in division (B)(1) or (2) of this
section.
(F)(1)
It is an affirmative defense to a charge under
division
(B) of this section that the person using the personal
identifying information is
acting in accordance with a legally
recognized guardianship or
conservatorship or as a trustee or
fiduciary.
(2) It is an affirmative defense to a charge under division
(B), (C), (D), or (E) of this section that either of the following
applies:
(a) The person or entity using, obtaining, possessing, or
creating the personal identifying
information or permitting it to
be used is a law enforcement agency, authorized fraud
personnel,
or
a representative of or attorney for a law
enforcement agency or
authorized fraud personnel and is using, obtaining, possessing, or
creating the
personal identifying
information or permitting it to
be used, with prior consent given as specified in this division,
in a bona fide investigation, an
information security
evaluation,
a pretext calling evaluation, or
a similar matter. The prior
consent required under this division shall be given by the person
whose personal identifying information is being used, obtained,
possessed, or created or is being permitted to be used or, if the
person whose personal identifying information is being used,
obtained, possessed, or created or is being permitted to be used
is deceased, by that deceased person's executor, or a member of
that deceased person's family, or that deceased person's attorney.
The prior consent required under this division may be given orally
or in writing by the person whose personal identifying information
is being used, obtained, possessed, or created or is being
permitted to be used or that person's executor, or family member,
or attorney.
(b) The personal identifying information was obtained,
possessed, used, created, or permitted to be used for a lawful
purpose, provided that division (F)(2)(b) of this section does not
apply if the person or entity using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used is a law enforcement agency, authorized fraud personnel,
or a representative of or attorney for a law enforcement agency or
authorized fraud personnel that is using, obtaining, possessing,
or creating the personnel personal identifying information or
permitting it to be used in an investigation, an information
security evaluation, a pretext calling evaluation, or similar
matter.
(G) It is not a defense to a charge under this section that
the person whose personal identifying information was obtained,
possessed, used, created, or permitted to be used was deceased at
the time of the offense.
(H)(1) If an offender commits a violation of division (B),
(D), or (E) of
this
section and the violation
occurs as part of a
course of conduct involving
other
violations
of division (B), (D),
or (E) of this section or
violations of,
attempts
to
violate,
conspiracies to violate, or
complicity in violations of
division
(C) of this section or
section 2913.02, 2913.04, 2913.11,
2913.21,
2913.31, 2913.42,
2913.43, or 2921.13 of the
Revised
Code, the
court, in determining
the degree of the offense pursuant
to
division
(I) of this
section, may
aggregate all credit,
property,
or services obtained
or sought
to be obtained by the
offender and
all debts or other
legal
obligations avoided or
sought to be
avoided by the offender
in
the violations involved in
that course
of
conduct. The course
of conduct may involve one
victim or more
than one
victim.
(2) If an offender commits a violation of division (C) of
this section and the violation occurs
as
part of a course of
conduct involving other violations of
division
(C)
of this section
or violations of, attempts to
violate, conspiracies to
violate, or
complicity in violations of
division (B), (D), or (E) of this
section
or section 2913.02,
2913.04, 2913.11,
2913.21, 2913.31,
2913.42, 2913.43, or
2921.13
of the Revised
Code, the court, in
determining the
degree of the
offense pursuant
to division
(I) of
this section, may
aggregate
all credit,
property, or services
obtained or sought to be
obtained by the
person aided or abetted
and all debts or other
legal
obligations
avoided or sought to be
avoided by the person
aided or abetted
in
the violations involved
in that course of
conduct. The course of
conduct may involve one
victim or more
than one victim.
(I)(1) Whoever violates
this section is guilty of
identity
fraud.
(2) Except as otherwise provided in this
division or division
(I)(3) of this section,
identity
fraud is a felony of
the
fifth
degree. If
the value of the
credit, property, services,
debt, or
other
legal obligation
involved in the violation or
course of
conduct is five seven hundred fifty
dollars or more and is
less
than
five thousand dollars, except as otherwise provided in
division
(I)(3) of this section,
identity
fraud is a
felony
of
the
fourth
degree. If the value of the
credit,
property,
services, debt, or
other legal obligation
involved in
the
violation
or course of
conduct is
five thousand
dollars or
more
and is less than one
hundred
thousand dollars,
except as
otherwise provided in division
(I)(3) of this section, identity
fraud is a felony of
the
third
degree.
If the value
of
the
credit, property,
services, debt, or
other
legal obligation
involved in the violation or course
of
conduct is
one
hundred
thousand dollars or more, except as
otherwise provided in
division (I)(3) of this section,
identity
fraud
is a
felony of
the
second degree.
(3) If the victim of the offense is an elderly person or
disabled adult, a violation of this section is identity fraud
against an elderly person or disabled adult. Except as otherwise
provided in this division, identity fraud against an elderly
person or disabled adult is a felony of the fifth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is five
seven
hundred
fifty dollars or more and is less than five
thousand
dollars, identity fraud against an elderly person or
disabled
adult is a felony of the third degree. If the value of
the credit,
property, services, debt, or other legal obligation
involved in
the violation or course of conduct is five thousand
dollars or
more and is less than one hundred thousand dollars,
identity fraud
against an elderly person or disabled adult is a
felony of the
second degree. If the value of the credit,
property, services,
debt, or other legal obligation involved in
the violation or
course of conduct is one hundred thousand
dollars or more,
identity fraud against an elderly person or
disabled adult is a
felony of the first degree.
Sec. 2913.51. (A) No person shall receive, retain, or
dispose of property of another knowing or having reasonable
cause
to believe that the property has been obtained through
commission
of a theft offense.
(B) It is not a defense to a charge
of receiving stolen
property in violation of this section that the
property was
obtained by means other than through the commission
of a theft
offense if the property was explicitly represented to
the accused
person as being obtained through the commission of a
theft
offense.
(C) Whoever violates this section is guilty of receiving
stolen property. Except as otherwise provided in this
division,
receiving stolen property is a
misdemeanor of the first degree. If
the value of the property
involved is five seven hundred fifty
dollars
or more and is less than five thousand
dollars, if the
property
involved is any of the property
listed in section
2913.71 of the
Revised Code, receiving
stolen property is a
felony of the fifth
degree. If the
property involved is a motor
vehicle, as defined in
section
4501.01 of the Revised Code, if
the property involved is a
dangerous drug,
as defined in section
4729.01 of the Revised Code,
if the
value of the property involved
is five thousand dollars or
more and is less
than one hundred
thousand dollars, or if the
property involved is a
firearm or
dangerous ordnance, as defined
in section 2923.11 of the Revised
Code, receiving stolen property
is a felony of the fourth degree.
If the
value of the property
involved is one hundred thousand
dollars or more,
receiving stolen
property is a felony of the
third
degree.
Sec. 2913.61. (A) When a person is charged with a theft
offense, or with a violation of division
(A)(1) of section 1716.14
of the Revised Code involving a victim who is an
elderly
person or
disabled adult that involves property or services valued at five
seven
hundred
fifty
dollars or more, property or services valued
at five seven hundred
fifty dollars
or
more and less than five
thousand dollars,
property or services valued at five thousand
dollars or more and
less than twenty-five thousand dollars,
property
or
services
valued at twenty-five
thousand
dollars or
more and less than one
hundred thousand dollars,
or property or
services valued at one
hundred
thousand
dollars or more, the jury
or court trying the
accused
shall determine the value of the
property or services as
of the
time of the offense and, if a
guilty verdict is returned,
shall return the finding of value as
part of the verdict. In any
case in which the jury or court
determines that the value of the
property
or services at the time
of the offense was five seven hundred fifty
dollars or more,
it
is unnecessary to find and return the
exact value, and it is
sufficient if the finding and return is to
the effect that the
value of the
property or services involved was
five seven hundred
fifty dollars or more and
less than
five thousand
dollars, was
five thousand dollars or more and less than
twenty-five thousand
dollars, was twenty-five thousand dollars or
more and
less than
one
hundred thousand dollars, or was one
hundred thousand dollars
or more.
(B) If more than one item of property or services is
involved
in a theft offense or in a violation of division (A)(1)
of section
1716.14 of the Revised Code involving a victim who is an elderly
person or
disabled adult, the value of the property or
services
involved for the purpose of determining the value as
required by
division (A) of this section is the aggregate value
of all
property or services involved in the offense.
(C)(1) When a series of offenses under section 2913.02 of the
Revised Code, or a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations
of
division (A)(1) of section 1716.14, section 2913.02,
2913.03,
or 2913.04, division (B)(1) or (2) of section
2913.21, or section
2913.31 or 2913.43 of the Revised Code involving a victim
who is
an elderly person or disabled adult,
is committed by the offender
in the offender's same
employment, capacity, or relationship to
another, all of
those offenses shall be
tried as a single offense.
The value of the
property or services involved in the series of
offenses for the purpose
of determining the value as
required by
division (A) of this section is the aggregate value
of all
property and services involved in all offenses in the
series.
(2) If an offender commits a series of offenses under section
2913.02
of
the Revised Code
that involves a common course of
conduct to defraud multiple victims, all
of the offenses may be
tried as a single offense. If an offender is being
tried for the
commission of a series of violations of, attempts to commit
a
violation of, conspiracies to violate, or complicity in violations
of
division (A)(1) of section 1716.14, section
2913.02, 2913.03,
or 2913.04, division (B)(1) or (2) of section 2913.21, or
section
2913.31 or 2913.43 of the Revised Code, whether
committed against
one
victim or more than one victim, involving a victim who is an
elderly person or disabled adult,
pursuant to a scheme or course
of conduct,
all of those offenses may be tried as a single
offense.
If the offenses are tried as a single offense, the value
of the
property or services involved for the purpose of
determining
the value as required by division (A) of this section
is the
aggregate value of all property and services involved in
all of the
offenses in the course of conduct.
(3) When a series of two or more offenses under section
2921.41 of the
Revised Code is committed by the offender in the
offender's
same
employment, capacity, or relationship to another,
all of those offenses may be
tried as a single offense. If the
offenses are tried as a single offense,
the value of the property
or services involved for the purpose of
determining the value as
required by division (A) of this section
is the aggregate value of
all property and services involved in all of the
offenses in the
series
of two or more offenses.
(4) In prosecuting a single offense under division (C)(1),
(2), or (3)
of this section, it is not necessary to separately
allege and prove each
offense in the series. Rather, it is
sufficient to
allege and prove that the offender, within a given
span of time,
committed one or more theft offenses or violations
of section 2921.41
of the Revised Code in the offender's same
employment, capacity, or relationship to another as described in
division (C)(1) or (3) of this section, or committed
one or more
theft offenses that involve a common
course of conduct to defraud
multiple victims or a scheme or course of conduct
as described in
division (C)(2) of this section.
(D) The following criteria shall be used in determining
the
value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item,
antique, museum piece, manuscript, document, record, or other
thing that has intrinsic worth to its owner and
that either is
irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, is the amount that would
compensate the owner for its loss.
(2) The value of personal effects and household goods, and
of
materials, supplies, equipment, and fixtures used in the
profession, business, trade, occupation, or avocation of its
owner, which property is not covered under division (D)(1) of
this
section and which retains substantial utility for its
purpose
regardless of its age or condition, is the cost of
replacing the
property with new property of like kind and
quality.
(3) The value of any real or personal property
that is not
covered under division (D)(1) or (2) of this section, and the
value of services, is the fair market value of the property or
services. As used in this section, "fair market value" is the
money consideration that a buyer would give and a seller would
accept for property or services, assuming that the buyer is
willing to buy and the seller is willing to sell, that both are
fully informed as to all facts material to the transaction, and
that neither is under any compulsion to act.
(E) Without limitation on the evidence that may be used to
establish the
value of property or services involved in a theft
offense:
(1) When the property involved is personal property held
for
sale at wholesale or retail, the price at which the property
was
held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity
traded on an exchange, the closing price or, if there is no
closing price, the asked price, given in the latest market
quotation prior to the offense is prima-facie evidence of the
value of the security or commodity.
(3) When the property involved is livestock, poultry, or
raw
agricultural products for which a local market price is
available,
the latest local market price prior to the offense is
prima-facie
evidence of the value of the livestock, poultry, or
products.
(4) When the property involved is a negotiable instrument,
the face value is prima-facie evidence of the value of the
instrument.
(5) When the property involved is a warehouse receipt,
bill
of lading, pawn ticket, claim check, or other instrument
entitling
the holder or bearer to receive property, the face
value or, if
there is no face value, the value of the property
covered by the
instrument less any payment necessary to receive
the property is
prima-facie evidence of the value of the
instrument.
(6) When the property involved is a ticket of admission,
ticket for transportation, coupon, token, or other instrument
entitling the holder or bearer to receive property or services,
the face value or, if there is no face value, the value of the
property or services that may be received by the
instrument is
prima-facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity,
water,
telephone, transportation, shipping, or other services for
which
the rate is established by law, the duly established rate
is
prima-facie evidence of the value of the services.
(8) When the services involved are services for which the
rate is not established by law, and the offender has been
notified
prior to the offense of the rate for the services,
either in
writing, orally, or by posting in a manner
reasonably calculated
to come to the attention of potential
offenders, the rate
contained in the notice is prima-facie
evidence of the value of
the services.
Sec. 2915.05. (A) No person, with purpose to defraud or
knowing that the
person is facilitating a fraud, shall engage in
conduct designed to corrupt
the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill, or endurance that is not
an athletic or
sporting event;
(3) A scheme or game of chance;
(B) No person shall knowingly do any of the following:
(1) Offer, give, solicit, or accept anything of value to
corrupt the
outcome of an athletic or sporting event;
(2) Engage in conduct designed to corrupt the outcome of an
athletic or sporting event.
(C)(1) Whoever violates division (A) of this section is
guilty of cheating. Except as otherwise provided in this
division,
cheating is a misdemeanor of the first degree. If the
potential
gain
from
the cheating is five seven hundred fifty dollars or
more
or if
the offender previously has
been convicted of any
gambling
offense
or of any theft offense, as defined in
section
2913.01 of
the
Revised Code, cheating is a felony of the fifth
degree.
(2) Whoever violates division (B) of this section is guilty
of corrupting
sports. Corrupting sports is a felony of the fifth
degree on a first offense
and a felony of the fourth degree on
each subsequent offense.
Sec. 2917.21. (A) No person shall knowingly make or cause
to
be made a telecommunication, or knowingly
permit a
telecommunication
to be made from a telecommunications device
under the
person's control, to
another, if the caller does any of
the following:
(1) Fails to identify the caller to the recipient of the
telecommunication and makes the telecommunication with purpose to
harass or abuse any person at the premises to
which the
telecommunication is made, whether or
not
actual communication
takes place
between the caller and a recipient;
(2) Describes, suggests, requests, or proposes that the
caller, the recipient of the
telecommunication, or any other
person
engage in sexual activity, and the recipient or another
person at the premises
to which the
telecommunication is made has
requested,
in a previous telecommunication or in the immediate
telecommunication, that the caller not make a
telecommunication to
the recipient or to the
premises to which the telecommunication is
made;
(3) During the telecommunication, violates
section 2903.21 of
the Revised Code;
(4) Knowingly states to the recipient of the
telecommunication that the
caller intends to cause damage to
or
destroy
public or
private property, and the recipient, any
member
of the recipient's family, or
any other person who resides at the
premises to which the
telecommunication is made owns, leases,
resides,
or works in, will
at the time of the destruction or
damaging be near or in, has the
responsibility of protecting, or
insures the property that will
be destroyed or damaged;
(5) Knowingly makes the telecommunication to the
recipient of
the telecommunication, to another person at the
premises to which
the telecommunication is made, or to
those premises, and the
recipient
or another person at those premises previously has told
the caller not to
make a
telecommunication to those premises or to
any
persons
at
those premises.
(B) No person shall make or cause to be made a
telecommunication, or
permit a
telecommunication to be
made from a
telecommunications device
under the person's control, with purpose
to abuse, threaten,
or harass another person.
(C)(1) Whoever violates this section is guilty of
telecommunications harassment.
(2) A violation of division (A)(1), (2), (3), or (5) or
(B)
of this section is a misdemeanor of the first degree on a
first
offense and a
felony of the fifth degree on each subsequent
offense.
(3) Except as otherwise provided in division (C)(3) of
this
section, a violation of division (A)(4) of this section is a
misdemeanor of the first degree on a first offense and a felony of
the fifth
degree on each subsequent offense. If a violation of
division (A)(4)
of this section results
in economic harm of five
seven
hundred fifty dollars or more but less than five thousand
dollars,
telecommunications harassment is a felony of
the fifth
degree. If
a violation
of division (A)(4) of this section results
in economic
harm of five
thousand dollars or more but less than
one hundred
thousand dollars,
telecommunications
harassment is a
felony of the
fourth degree. If a violation of division
(A)(4) of
this section
results in economic harm of one hundred
thousand
dollars or more,
telecommunications
harassment is a felony of the
third
degree.
(D) No cause of action may be asserted in any court of this
state against
any provider of a telecommunications service or
information service,
or against any officer, employee, or agent of
a
telecommunication service or information service, for any
injury, death, or loss to person or property that allegedly
arises
out of the provider's, officer's, employee's, or agent's
provision
of information, facilities, or assistance in
accordance with the
terms of a court order that is issued in
relation to the
investigation or prosecution of an alleged
violation of this
section or section 4931.31 of the
Revised Code. A provider of a
telecommunications service or information service, or an
officer,
employee, or agent of a telecommunications service or
information
service, is immune from any civil or criminal
liability for
injury, death, or loss to person or property that
allegedly arises
out of the provider's, officer's, employee's,
or agent's provision
of information, facilities, or assistance
in accordance with the
terms of a court order that is issued in
relation to the
investigation or prosecution of an alleged
violation of this
section or section 4931.31 of the
Revised Code.
(E) As used in this section:
(1) "Economic harm" means all direct,
incidental,
and
consequential pecuniary harm suffered by a victim as a result of
criminal
conduct. "Economic harm" includes, but is not limited to,
all of the
following:
(a) All wages, salaries, or other compensation lost as a
result of the
criminal conduct;
(b) The cost of all wages, salaries, or other compensation
paid to employees
for time those employees are prevented from
working as a result of the
criminal conduct;
(c) The overhead costs incurred for the time that a
business
is shut down as
a result of the criminal conduct;
(d) The loss of value to tangible or intangible property
that
was damaged as
a result of the criminal conduct.
(2) "Caller" means the person described in division
(A) of
this section who makes
or causes to be made a telecommunication or
who permits a
telecommunication to be made from a
telecommunications device
under that person's control.
(3) "Telecommunication" and "telecommunications device"
have
the same meanings as in section 2913.01 of the
Revised
Code.
(4) "Sexual activity" has the same meaning as in section
2907.01 of the Revised
Code.
(F) Nothing in this section prohibits a person from making
a
telecommunication to a debtor that is in
compliance with the "Fair
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.
1692, as
amended, or the "Telephone Consumer Protection
Act," 105
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Sec. 2917.31. (A) No person shall cause the evacuation of
any public place, or otherwise cause serious public inconvenience
or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other
catastrophe,
knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
(B) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of inducing
panic.
(2) Except as otherwise provided in division
(C)(3), (4),
(5), (6), (7), or (8) of this section, inducing panic is
a
misdemeanor of
the first degree.
(3)
Except as otherwise provided in division (C)(4), (5),
(6), (7), or (8) of this section, if a violation of this
section
results in physical harm to any person, inducing panic is
a felony
of the fourth degree.
(4) Except as otherwise provided in division (C)(5), (6),
(7), or (8) of
this section, if a violation of this
section
results in economic
harm, the
penalty shall be determined
as
follows:
(a) If the violation results in
economic harm of five seven
hundred
fifty
dollars or more but less than five thousand
dollars
and
if
division
(C)(3) of this
section
does
not apply,
inducing
panic
is
a felony of the
fifth degree.
(b) If the violation results in economic harm of five
thousand dollars
or more but less
than one hundred thousand
dollars,
inducing panic is a felony of the fourth
degree.
(c) If the violation results in economic harm
of one hundred
thousand dollars or more, inducing panic is a felony of the third
degree.
(5) If the public
place
involved
in a
violation of division
(A)(1) of this section is a
school
or an institution of higher
education, inducing panic is a felony of
the second degree.
(6) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or
(8) of this
section,
inducing panic is a felony of the fourth
degree.
(7) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division
(C)(5) of this
section,
if a
violation of this section results
in physical harm
to any
person,
inducing panic is a felony of the
third degree.
(8) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this
section,
if a
violation of this section results in economic harm
of one
hundred
thousand dollars or more, inducing panic is a
felony of
the third
degree.
(D)(1) It is not a defense to a
charge under this section
that pertains to a purported or
threatened use of a weapon of mass
destruction that the offender
did not possess or have the ability
to use a weapon of mass
destruction or that what was represented
to be a weapon of mass
destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any
other
section of the Revised Code may be prosecuted under this
section,
the other section, or both sections.
(E) As used in this section:
(1) "Economic harm" means
any of the following:
(a) All direct, incidental,
and
consequential pecuniary harm
suffered by a victim as a result of
criminal
conduct. "Economic
harm"
as described in this division includes, but is not limited
to, all of the
following:
(i) All wages, salaries, or other compensation lost as a
result of the
criminal conduct;
(ii) The cost of all wages, salaries, or other
compensation
paid
to employees for time those employees are
prevented from
working
as a result of the criminal conduct;
(iii) The overhead costs incurred for the time that a
business
is shut down as a result of the criminal conduct;
(iv) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political
subdivision as a result of, or in making any response to, the
criminal conduct that constituted the violation of this section or
section 2917.32 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision.
(2) "School" means any school operated
by a board of
education or any school for which the state board of education
prescribes minimum standards under
section 3301.07 of the Revised
Code, whether or not any
instruction, extracurricular activities,
or training provided by the school is
being conducted at the time
a violation of this section is committed.
(3) "Weapon of mass destruction" means any of the following:
(a) Any weapon that is designed or intended to cause death
or
serious physical harm through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors;
(b) Any weapon involving a disease organism or biological
agent;
(c) Any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life;
(d) Any of the following, except to the extent that the item
or device in question is expressly excepted from the definition of
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and
regulations issued under that section:
(i) Any explosive, incendiary, or poison gas bomb, grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or similar device;
(ii) Any combination of parts either designed or intended
for
use in converting any item or device into any item or device
described in division (E)(3)(d)(i) of this section and
from which
an item or device described in that division may be readily
assembled.
(4) "Biological agent" has the same meaning as in section
2917.33 of the Revised Code.
(5) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code.
(6) "Institution of higher education" means any of the
following:
(a) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
(b) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
Sec. 2917.32. (A) No person shall do any of the
following:
(1) Initiate or circulate a report or warning of an
alleged
or impending fire, explosion, crime, or other
catastrophe, knowing
that the report or warning is false and
likely to cause public
inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other
emergency
to be transmitted to or within any organization, public
or
private, for dealing with emergencies involving a risk of
physical
harm to persons or property;
(3) Report to any law enforcement agency an alleged
offense
or other incident within its concern, knowing that such
offense
did not occur.
(B) This section does not apply to any person conducting
an
authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of making
false alarms.
(2) Except
as otherwise provided in
division
(C)(3),
(4),
(5), or (6) of this section, making false alarms is a
misdemeanor
of the first degree.
(3) Except as otherwise provided in division (C)(4) of this
section, if a violation of this section results in economic harm
of five seven hundred fifty dollars
or more but less than five
thousand
dollars, making false alarms is a felony
of the fifth
degree.
(4) If a violation of this section pertains to a
purported,
threatened, or actual use of a weapon of mass
destruction, making
false alarms is a felony of the
third degree.
(5) If
a violation of this section results in economic harm
of five thousand dollars or more but less than one hundred
thousand dollars
and if division (C)(4) of this section does not
apply,
making false alarms is a felony of the fourth
degree.
(6) If
a violation of this
section results in economic harm
of one hundred thousand dollars or more,
making false alarms is a
felony of the third degree.
(D)(1) It is not a defense to a
charge under this section
that pertains to a purported or
threatened use of a weapon of mass
destruction that the offender
did not possess or have the ability
to use a weapon of mass
destruction or that what was represented
to be a weapon of mass
destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any
other
section of the Revised Code may be prosecuted under this
section,
the other section, or both sections.
(E) As used in this section, "economic harm" and "weapon
of
mass destruction" have the
same meanings as in
section 2917.31
of
the Revised Code.
Sec. 2919.21. (A) No person shall abandon, or fail to
provide adequate support to:
(1) The person's spouse, as required by law;
(2) The person's child who is
under age eighteen, or mentally
or physically handicapped child
who is under age twenty-one;
(3) The person's aged or infirm parent or adoptive parent,
who from lack of ability and means is unable to provide
adequately
for the parent's own support.
(B) No person shall abandon, or fail to provide support as
established by a
court order to, another person whom, by court
order or decree, the person is
legally obligated to support.
(C) No person shall aid, abet, induce, cause, encourage,
or
contribute to a child or a ward of the juvenile court becoming
a
dependent child, as defined in section 2151.04 of the Revised
Code, or a neglected child, as defined in section 2151.03 of the
Revised Code.
(D) It is an affirmative defense to a charge of failure to
provide adequate
support under division (A) of this section or a
charge of failure to provide
support established by a court order
under division (B) of this section that
the accused was unable to
provide adequate support or the established support
but did
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under
division
(A)(3) of this section that the parent abandoned the
accused or
failed to support the accused as required by law,
while the
accused was under age eighteen, or was mentally or
physically
handicapped and under age twenty-one.
(F) It is not a defense to a charge under division (B) of
this section that
the person whom a court has ordered the accused
to support is being adequately
supported by someone other than the
accused.
(G)(1) Except as otherwise provided in this division, whoever
violates
division (A) or (B) of this section is guilty of
nonsupport of dependents, a
misdemeanor of the first degree. If
the offender previously has been
convicted of or
pleaded guilty to
a violation of division (A)(2) or (B) of this section
or if the
offender has failed to
provide support under division (A)(2) or
(B) of this section for a total
accumulated period of twenty-six
weeks out of one hundred four
consecutive weeks, whether or not
the twenty-six weeks were
consecutive, then a violation of
division (A)(2) or (B) of this section
is a felony of the fifth
degree. If the offender previously has been
convicted of or
pleaded guilty to a felony violation of this section, a
violation
of division (A)(2) or (B) of this section is a felony of the
fourth
degree. If
If the violation of division (A)(2) or (B) of this section is
a felony of the fourth or fifth degree, the court shall sentence
the offender to one or more community control sanctions authorized
under section 2929.16, 2929.17, or 2929.18 of the Revised Code. If
the court imposes a nonresidential sanction under section 2929.17
of the Revised Code, the court shall include as a condition of the
sanction that the offender participate in and complete a community
corrections program, as established under sections 5149.30 to
5149.37 of the Revised Code, unless the offender has previously
participated in a community corrections program within the past
three years, if available in the county in which
the court
imposing the sentence is located.
(2) If the offender is guilty of nonsupport of dependents by
reason of
failing to provide support to the offender's child as
required by a child
support order issued on or after April 15,
1985, pursuant to section 2151.23,
2151.231, 2151.232, 2151.33,
3105.21,
3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the
Revised
Code, the court, in addition to any other sentence
imposed, shall
assess all court costs arising out of the charge
against the
person and require the person to pay any reasonable
attorney's
fees of any adverse party other than the state, as
determined by
the court, that arose in relation to the charge.
(2)(3) Whoever violates division (C) of this section is
guilty of contributing
to the nonsupport of dependents, a
misdemeanor of the first
degree. Each day of violation of division
(C) of this section is
a separate offense.
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the
Revised Code:
(A) "Public official" means any elected or appointed officer,
or employee, or agent of the state or any political subdivision,
whether in a temporary or permanent capacity, and includes, but is
not limited to, legislators, judges, and law enforcement officers.
(B) "Public servant" means any of the following:
(2) Any person performing ad hoc a governmental function,
including, but not limited to, a juror, member of a temporary
commission, master, arbitrator, advisor, or consultant;
(3) A person who is a candidate for public office, whether or
not the person is elected or appointed to the office for which the
person is a candidate. A person is a candidate for purposes of
this division if the person has been nominated according to law
for election or appointment to public office, or if the person has
filed a petition or petitions as required by law to have the
person's name placed on the ballot in a primary, general, or
special election, or if the person campaigns as a write-in
candidate in any primary, general, or special election.
(C) "Party official" means any person who holds an elective
or appointive post in a political party in the United States or
this state, by virtue of which the person directs, conducts, or
participates in directing or conducting party affairs at any level
of responsibility.
(D) "Official proceeding" means any proceeding before a
legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, and
includes any proceeding before a referee, hearing examiner,
commissioner, notary, or other person taking testimony or a
deposition in connection with an official proceeding.
(E) "Detention" means arrest; confinement in any vehicle
subsequent to an arrest; confinement in any public or private
facility for custody of persons charged with or convicted of crime
in this state or another state or under the laws of the United
States or alleged or found to be a delinquent child or unruly
child in this state or another state or under the laws of the
United States; hospitalization, institutionalization, or
confinement in any public or private facility that is ordered
pursuant to or under the authority of section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code; confinement in any vehicle for transportation to or from any
facility of any of those natures; detention for extradition or
deportation; except as provided in this division, supervision by
any employee of any facility of any of those natures that is
incidental to hospitalization, institutionalization, or
confinement in the facility but that occurs outside the facility;
supervision by an employee of the department of rehabilitation and
correction of a person on any type of release from a state
correctional institution; or confinement in any vehicle, airplane,
or place while being returned from outside of this state into this
state by a private person or entity pursuant to a contract entered
into under division (E) of section 311.29 of the Revised Code or
division (B) of section 5149.03 of the Revised Code. For a person
confined in a county jail who participates in a county jail
industry program pursuant to section 5147.30 of the Revised Code,
"detention" includes time spent at an assigned work site and going
to and from the work site.
(F) "Detention facility" means any public or private place
used for the confinement of a person charged with or convicted of
any crime in this state or another state or under the laws of the
United States or alleged or found to be a delinquent child or
unruly child in this state or another state or under the laws of
the United States.
(G) "Valuable thing or valuable benefit" includes, but is not
limited to, a contribution. This inclusion does not indicate or
imply that a contribution was not included in those terms before
September 17, 1986.
(H) "Campaign committee," "contribution," "political action
committee," "legislative campaign fund," "political party," and
"political contributing entity" have the same meanings as in
section 3517.01 of the Revised Code.
(I) "Provider agreement" and "medical assistance program"
have the same meanings as in section 2913.40 of the Revised Code.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency benefits and services;
disability
financial
assistance;
retirement benefits;
economic development
assistance,
as defined
in section 9.66 of the Revised
Code; or
other benefits
administered by a governmental agency
or paid
out
of a public
treasury.
(5) The statement is made with purpose to secure the
issuance
by a governmental agency of a license, permit,
authorization,
certificate, registration, release, or provider
agreement.
(6) The statement is sworn or affirmed before a notary
public
or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report.
(11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law.
(12) The statement is made in connection with the
purchase
of
a firearm, as defined in
section 2923.11 of the Revised Code,
and
in conjunction
with the furnishing to the seller of the
firearm of
a fictitious or altered
driver's or commercial driver's
license or
permit, a fictitious or altered
identification card, or
any other
document that contains false information
about the
purchaser's
identity.
(13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record.
(14) The statement is made with purpose to obtain an Ohio's
best Rx program enrollment card under section 173.773 of the
Revised Code or a payment under section 173.801 of the Revised
Code.
(15) The statement is made in an application filed with
a
county sheriff pursuant to section 2923.125 of the
Revised Code in
order to obtain or renew a license
to carry a concealed handgun or
is made in an affidavit submitted to a county sheriff to obtain a
temporary emergency license to carry a concealed handgun under
section 2923.1213 of the Revised Code.
(16) The statement is required under section 5743.71
of the
Revised Code in connection with the person's purchase of
cigarettes or tobacco products in a delivery sale.
(B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity.
(C)
No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious
or altered
document that purports to be certification of the person's
competence
in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(E) If contradictory statements relating to the same
fact
are
made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(F)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), (13), (14), or (16)
of this section is
guilty
of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five seven hundred fifty dollars or more and
is less
than
five thousand
dollars, falsification in a theft
offense is a
felony of the fifth degree. If
the value of the
property or
services stolen is five thousand dollars or more
and
is less than
one hundred thousand dollars, falsification in a
theft
offense is
a felony of the fourth degree. If the value of
the property or
services stolen is one hundred thousand dollars or
more,
falsification in a
theft offense is a felony of the third
degree.
(3) Whoever violates division (A)(12)
or (B) of this
section
is guilty of falsification to purchase a firearm, a
felony
of the
fifth degree.
(4) Whoever violates division (A)(15) or
(C) of this
section
is guilty of falsification to obtain
a concealed handgun
license,
a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2921.341. (A) A person under the lawful supervision of
an employee of the department of rehabilitation and correction
while on any type of release from a state correctional
institution, other than a judicial release under section 2929.20
of the Revised Code or release while under transitional control
under section 2967.26 of the Revised Code, shall not do any of the
following:
(1) Knowingly leave this state without permission of the
adult parole authority;
(2) Evade, flee, or avoid the supervision for more than six
consecutive months;
(3) Fail to maintain contacts required under the supervision
for more than six consecutive months.
(B) If a person who is subject to division (A) of this
section does anything specified in division (A)(1), (2), or (3) of
this section, the person shall be treated as a releasee for
purposes of section 2967.15 of the Revised Code and shall be
subject to all of the provisions of that section.
Sec. 2921.41. (A) No public official or party official
shall
commit any theft offense, as defined in division (K) of
section
2913.01 of the Revised Code, when either of the following
applies:
(1) The offender uses the offender's office in aid of
committing the
offense or permits or assents to its use in aid of
committing the
offense;
(2) The property or service involved is owned by this
state,
any other state, the United States, a county, a municipal
corporation, a township, or any political subdivision,
department,
or agency of any of them, is owned by a political
party, or is
part of a political campaign fund.
(B) Whoever violates this section is guilty of theft in
office. Except as otherwise provided in this division, theft in
office is a
felony of the fifth degree. If the value of property
or services stolen is
five seven hundred fifty dollars or more
and is
less
than five thousand dollars, theft in
office is a
felony of
the
fourth degree. If the value of property or services
stolen is
five
thousand dollars or more, theft in office is a
felony of
the
third
degree.
(C)(1) A public official or party official who pleads guilty
to theft in office and whose
plea is accepted
by the court or a
public official or party
official against whom
a verdict or
finding of guilt for committing
theft in office is
returned is
forever
disqualified
from holding
any public office,
employment,
or
position of trust
in this state.
(2)(a) A court that imposes sentence for a violation of
this
section based on conduct described in division (A)(2) of
this
section shall require the public official or party official
who is
convicted of or pleads guilty to the offense to make
restitution
for all of the property or the service that is the
subject of the
offense, in addition to the term of imprisonment
and any fine
imposed. A court that imposes sentence for a
violation of this
section based on conduct described in division
(A)(1) of this
section and that determines at trial that this
state or a
political subdivision of this state if the offender is
a public
official, or a political party in the United States or
this state
if the offender is a party official, suffered actual
loss as a
result of the offense shall require the offender to
make
restitution to the state, political subdivision, or
political
party for all of the actual loss experienced, in
addition to the
term of imprisonment and any fine imposed.
(b)(i) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which the offender, at the time of the commission of the
offense
or at any other time, was a member of the public
employees
retirement system, the Ohio police and fire
pension fund, the
state teachers retirement system, the
school employees retirement
system, or the state highway patrol
retirement system; was an
electing employee, as defined in
section
3305.01 of the Revised
Code, participating in an alternative retirement plan
provided
pursuant to Chapter 3305. of the Revised Code; was a participating
employee or continuing
member, as defined in section 148.01 of the
Revised
Code, in a
deferred compensation program offered by the
Ohio public
employees deferred compensation board; was an officer
or
employee
of a municipal corporation who was a participant in a
deferred
compensation program offered by that municipal
corporation; was
an
officer or employee of a government unit, as
defined in section
148.06 of the Revised Code, who was a
participant in a
deferred
compensation program offered by that
government unit, or was a
participating employee, continuing
member, or participant in any
deferred compensation program
described in this division and a
member of a retirement system
specified in this division or a
retirement system of a municipal
corporation, the entity to which
restitution is to be made may
file a motion with the sentencing
court specifying any retirement
system, any provider as defined in
section 3305.01 of the Revised
Code, and any deferred
compensation program of which
the offender
was a member, electing
employee, participating
employee,
continuing member, or participant
and requesting the
court to
issue an order requiring the specified
retirement system,
the
specified
provider under the
alternative retirement plan, or
the
specified deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of these,
to
withhold the
amount
required as restitution from any payment
that
is to be made under
a pension, annuity, or allowance, under
an
option in the alternative
retirement plan, under a participant
account, as
defined in section 148.01 of the Revised Code, or
under
any other
type of benefit, other than a survivorship
benefit, that has been
or is in the future granted to the
offender, from any payment of
accumulated employee contributions
standing to the offender's
credit with that retirement system,
that provider
of the option under
the alternative retirement
plan,
or that deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of
these,
and
from any payment of
any other amounts to be paid to the
offender
upon the offender's withdrawal
of the offender's
contributions
pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of
the Revised Code. A motion described in this
division
may be filed
at any time subsequent to the conviction of
the
offender or entry
of a guilty plea. Upon the filing of
the
motion, the clerk of the
court in which the motion is filed
shall
notify the offender, the
specified retirement system, the
specified
provider under the
alternative
retirement plan, or the
specified deferred
compensation program, or, if more than
one is
specified in the
motion, the applicable combination of these,
in
writing, of all of
the
following: that the motion was filed; that
the offender will
be
granted a hearing on the issuance of the
requested order if the
offender files a written request for a
hearing with the clerk
prior to the expiration of thirty days
after the offender
receives
the notice; that, if a hearing is
requested, the court
will
schedule a hearing as soon as possible
and notify the
offender,
any specified retirement system, any
specified provider under an
alternative retirement plan, and any
specified
deferred
compensation program of the date, time, and
place of the
hearing;
that, if a hearing is conducted, it will be
limited only
to a
consideration of whether the offender can show
good cause
why the
requested order should not be issued; that, if
a hearing
is
conducted, the court will not issue the requested
order if the
court determines, based on evidence presented at the
hearing by
the offender, that there is good cause for the
requested order
not
to be issued; that the court will issue the
requested order
if a
hearing is not requested or if a hearing is
conducted but
the
court does not determine, based on evidence
presented at the
hearing by the offender, that there is good cause
for the
requested order not to be issued; and that, if the
requested
order
is issued, any retirement system, any provider
under an
alternative retirement plan, and any
deferred
compensation program
specified in the motion will be required to
withhold the amount
required as restitution from payments to the
offender.
(ii) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which a motion requesting the issuance of a withholding order
as
described in division (C)(2)(b)(i) of this section is filed,
the
offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the
expiration
of thirty days after the offender's receipt of the
notice provided
pursuant to division (C)(2)(b)(i) of this
section. If a request
for a hearing is made by the offender
within the prescribed time,
the court shall schedule a hearing as
soon as possible after the
request is made and shall notify the
offender, the specified
retirement system, the specified provider under the alternative
retirement plan, or the
specified deferred
compensation program,
or, if more than one is specified
in the motion, the
applicable
combination of these, of the date, time, and place of
the hearing.
A hearing scheduled
under this division shall be limited to a
consideration of
whether there is good cause, based on evidence
presented by the
offender, for the requested order not to be
issued. If the court
determines, based on evidence presented by
the offender, that
there is good cause for the order not to be
issued, the court
shall deny the motion and shall not issue the
requested order.
If the offender does not request a hearing
within the prescribed
time or if the court conducts a hearing but
does not determine,
based on evidence presented by the offender,
that there is good
cause for the order not to be issued, the court
shall order the
specified retirement system, the specified
provider under the alternative retirement plan, or the specified
deferred
compensation program, or, if more than one is specified
in the motion, the applicable
combination of these, to withhold
the amount required as restitution under division (C)(2)(a) of
this section from any payments to be made under a pension,
annuity, or allowance, under a participant account,
as defined in
section 148.01 of the Revised Code,
under an option in the
alternative retirement plan,
or under any other
type of
benefit,
other than a survivorship benefit, that has been or is
in the
future granted to the offender, from any payment of
accumulated
employee contributions standing to the offender's
credit with that
retirement system, that
provider under the alternative retirement
plan, or that deferred
compensation program, or, if more than one
is specified in the
motion, the applicable combination of these,
and from any payment of
any other amounts to be paid to the
offender upon the offender's withdrawal
of the offender's
contributions pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of the Revised Code, and to continue the
withholding for
that purpose, in accordance with the order, out
of each payment to
be made on or after the date of issuance of
the order, until
further order of the court. Upon receipt of an
order issued under
this division, the public employees retirement
system, the Ohio
police and
fire pension fund, the
state teachers retirement
system, the school employees retirement
system, the state highway
patrol retirement system, a municipal
corporation retirement
system, the
provider under the
alternative retirement plan, and
the deferred compensation
program offered by the Ohio public
employees deferred
compensation board, a municipal corporation, or
a government
unit, as defined in section 148.06 of the Revised
Code,
whichever
are applicable, shall withhold the amount required
as
restitution, in accordance with the order, from any such
payments
and immediately shall forward the amount withheld to the
clerk of
the court in which the order was issued for payment to
the entity
to which restitution is to be made.
(iii) Service of a notice required by division
(C)(2)(b)(i)
or (ii) of this section shall be effected in the
same manner as
provided in the Rules of Civil Procedure for the
service of
process.
(D) Upon the filing of charges against a person under this
section, the prosecutor, as defined in section 2935.01 of the
Revised Code, who is assigned the case shall send written notice
that charges have been filed against that person to the public
employees retirement system, the Ohio police and fire
pension
fund, the state teachers retirement system, the
school employees
retirement system, the state highway patrol
retirement system, the
provider
under an alternative
retirement plan, any municipal
corporation retirement system in
this state, and the deferred
compensation program offered by the
Ohio public employees deferred
compensation board, a municipal
corporation, or a government unit,
as defined in section
148.06 of the Revised Code. The written
notice shall specifically
identify the person charged.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of
the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a
trust
in which the trustee holds title to personal or real
property;
(2) The interest of a person as a beneficiary under any
other
trust arrangement under which any other person holds title
to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of
express
fiduciary arrangement under which any other person holds
title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as
well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more
incidents
of corrupt activity, whether or not there has been a
prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall
occur
on or after January 1, 1986. Unless any incident was an
aggravated
murder or murder, the last of the incidents forming
the
pattern
shall occur within six years after the commission of
any
prior
incident forming the pattern, excluding any period of
imprisonment
served by any person engaging in the corrupt
activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony
under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United
States or of any other state, shall
constitute a felony under the
law of the United States or
the other state and would be a
criminal offense under the law of this
state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable
instrument,
a
commercial interest, or anything of value, as
defined in section
1.03 of the Revised Code, or any other
property or service that
has a value in excess of one hundred
dollars.
(G) "Person" means any person, as defined in section 1.59
of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05,
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32,
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2)
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of
section 1707.44; division
(A)(1) or (2) of
section 2923.20;
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or
4719.06; division (C), (D), or
(E) of section
4719.07; section
4719.08; or division (A) of section 4719.09 of
the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after
July 1, 1996, and that, had it occurred prior to that
date, would have been a
violation of section 3769.11 of the
Revised Code
as it existed prior to that date, or any violation of
section 2915.05 of the
Revised Code that occurs on or after July
1, 1996, and
that, had it occurred prior to that date, would
have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised
Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the
Revised Code, any violation of section 2925.11 of the
Revised Code that is a
felony of the first, second, third, or
fourth degree and that occurs on or
after July 1, 1996, any
violation of section 2915.02 of the Revised Code
that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred
prior to that date, would not
have been a violation of
section 3769.11 of the Revised Code as it existed
prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of
section 2915.05 of the Revised Code as it
exists on and after July
1, 1996, when the proceeds of the violation, the
payments made in
the violation, the amount of a claim for payment or for
any other
benefit that is false or deceptive and that is involved
in the
violation, or the value of the contraband or other
property
illegally possessed, sold, or purchased in the violation
exceeds
five seven hundred fifty dollars, or any combination of
violations described
in
division (I)(2)(c) of this section when
the total proceeds of
the combination
of violations, payments made
in the combination of
violations,
amount of the claims for payment
or for other benefits
that is
false or deceptive and that is
involved in the combination
of
violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five seven
hundred
fifty dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed,
sold, or purchased in the violation or combination of
violations
exceeds five seven hundred fifty dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this
section and violations of section
2907.32 of the
Revised Code involving any material or performance
containing a
display of bestiality or of sexual conduct, as
defined in section
2907.01 of the Revised Code, that is explicit
and depicted with
clearly visible penetration of the genitals or
clearly visible
penetration by the penis of any orifice when the
total proceeds of
the combination of violations, payments made in
the combination of
violations, amount of the claims for payment
or for other benefits
that is false or deceptive and that is
involved in the combination
of violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five seven hundred
fifty dollars.
(3) Conduct constituting a violation of any law of any
state
other than this state that is substantially similar to the
conduct
described in division (I)(2) of this section, provided
the
defendant was convicted of the conduct in a criminal
proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any
interest
in real property, including, but not limited to, any
lease of, or
mortgage upon, real property. Real property and any
beneficial
interest in it is deemed to be located where the real
property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which
the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real
property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with
the will annexed, testamentary trustee, guardian, or
committee,
appointed by, under the control of, or accountable
to a court.
(L) "Unlawful debt" means any money or other thing of
value
constituting principal or interest of a debt that is
legally
unenforceable in this state in whole or in part because
the debt
was incurred or contracted in violation of any federal
or state
law relating to the business of gambling activity or
relating to
the business of lending money at an usurious rate
unless the
creditor proves, by a preponderance of the evidence,
that the
usurious rate was not intentionally set and that it
resulted from
a good faith error by the creditor, notwithstanding
the
maintenance of procedures that were adopted by the creditor
to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or
attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of five hundred dollars or more from
one or more retail establishments with the intent to sell,
deliver, or
transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds five hundred dollars, the value of all
retail property stolen from the retail establishment or retail
establishments by the same
person or persons within any
one-hundred-eighty-day period shall
be aggregated.
Sec. 2929.17. Except as provided in this section, the court
imposing a sentence for a
felony
upon an offender who is not
required to serve a mandatory
prison
term may impose any
nonresidential sanction or combination
of
nonresidential sanctions
authorized under this section.
If the
court imposes one or more
nonresidential sanctions authorized
under
this section, the court
shall impose
as a condition of the
sanction that, during the
period of the nonresidential
sanction,
the offender shall abide by
the law and shall not leave the state
without the permission of
the court or the offender's probation
officer.
The court imposing a sentence for a fourth degree felony
OVI
offense under division (G)(1) or (2)
of section 2929.13 of the
Revised
Code or for a third degree felony OVI offense under
division (G)(2) of that section may impose upon the offender, in
addition to the
mandatory
term of local incarceration or mandatory
prison term imposed under the applicable
division,
a
nonresidential
sanction or combination of nonresidential
sanctions
under this section, and
the offender shall serve or
satisfy the
sanction or combination of sanctions
after the
offender has served
the mandatory term of local incarceration or mandatory prison term
required for the
offense. The court shall not impose a term in a
drug treatment program as described in division (D) of this
section until after considering an assessment by a properly
credentialed treatment professional, if available. Nonresidential
sanctions
include, but
are not
limited
to, the following:
(A) A term of day reporting;
(B) A term of
house arrest
with
electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, a
term
of electronic monitoring or
continuous alcohol monitoring without
house arrest, or a term of
house
arrest without electronic
monitoring or continuous alcohol
monitoring;
(C) A term of community service of up to five hundred
hours
pursuant to division
(B) of section 2951.02 of the
Revised Code
or, if the court determines that the
offender is financially
incapable of fulfilling a financial
sanction described in section
2929.18 of the Revised
Code, a term of community service as an
alternative to a
financial sanction;
(D) A term in a drug treatment program with a level of
security for the offender as determined by the court;
(E) A term of intensive probation supervision;
(F) A term of basic probation supervision;
(G) A term of monitored time;
(H) A term of drug and alcohol use monitoring, including
random drug testing;
(J) A requirement that the offender obtain employment;
(K) A requirement that the offender obtain education
or
training;
(L) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender mediation;
(M) A license violation report;
(N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the
time of the violation, if the offender committed the offense
in the vicinity
of one or more children who are not victims of the
offense, and if the
offender or the victim of the offense is a
parent, guardian, custodian, or
person in loco parentis of one or
more of those children, a requirement that
the
offender obtain
counseling. This division does not limit the
court in requiring
the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
(O) If the offense is a felony violation of division (A)(2)
or (B) of section 2919.21 of the Revised Code, a requirement that
the offender participate in and complete a community corrections
program, as established under sections 5149.30 to 5149.37 of the
Revised Code, unless the offender has previously participated in a
community corrections program within the past three years, if
available in the county in which the court
imposing the sentence
is located.
Sec. 2967.193. (A) Except as provided in division (C) of
this section or in
section 2929.13, 2929.14, or
2967.13 of the
Revised Code, a person confined in a state
correctional
institution may earn one day five days of credit as a deduction
from the
person's stated prison term for each full completed month
during
which the person
productively participates in an education
program,
vocational training, employment in prison industries,
treatment for substance
abuse, treatment as a sex offender, or any
other constructive program, other than a sex offender treatment
program,
developed by the department with specific standards for
performance by
prisoners. At the end of each calendar month in
which a prisoner productively
participates in a program or
activity listed in this division, the department
of rehabilitation
and correction shall deduct one day from the
date on which
the
prisoner's stated prison term will expire. If the prisoner
violates
prison rules, the
department may deny the prisoner a
credit that otherwise
could
have
been awarded to the prisoner or
may withdraw one or more
credits previously
earned by the
prisoner.
If a prisoner is released before the expiration of the
prisoner's stated
prison term by reason of credit earned under
this section, the department
shall retain
control of the prisoner
by means of an appropriate post-release
control sanction imposed
by the parole board until the end of the stated
prison term if the
parole board imposes a post-release control sanction
pursuant to
section 2967.28 of the Revised Code. If the parole board is not
required to impose a post-release control sanction under section
2967.28 of
the Revised Code, the parole board may elect not to
impose a post-release
control sanction on the prisoner.
(B) The department of rehabilitation and correction shall
adopt
rules that specify the programs or activities for which
credit may be earned
under this section, the criteria for
determining productive participation in
the programs or activities
and for awarding credit, and the criteria for
denying or
withdrawing previously earned credit as a result of a violation of
prison rules.
(C) No person who is serving a sentence of life imprisonment
without parole imposed pursuant to section 2929.03 or 2929.06 of
the Revised
Code or, who is serving a prison term or a term of
life imprisonment without
parole imposed pursuant to section
2971.03 of the Revised Code, or who is serving a sentence for a
sexually oriented offense shall be
awarded any days of credit
under division (A) of this section.
(D) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.
Sec. 2981.07. (A) No person shall destroy, damage, remove,
or transfer property that is subject to forfeiture or otherwise
take any action in regard to property that is subject to
forfeiture with purpose to do any of the following:
(1) Prevent or impair the state's or political subdivision's
lawful authority to take the property into its custody or control
under this chapter or to continue holding the property under its
lawful custody or control;
(2) Impair or defeat the court's continuing jurisdiction over
the person and property;
(3) Devalue property that the person knows, or has reasonable
cause to believe, is subject to forfeiture proceedings under this
chapter.
(B)(1) Whoever violates this section is guilty of
interference with or diminishing forfeitable property.
(2) Except as otherwise provided in divisions (B)(3), (4),
and (5) of this section, interference with or diminishing
forfeitable property is a misdemeanor of the first degree.
(3) If the value of the property is five seven hundred fifty
dollars or
more but less than five thousand dollars, interference
with
or diminishing forfeitable property is a felony of the fifth
degree.
(4) If the value of the property is five thousand dollars or
more but less than one hundred thousand dollars, interference with
or diminishing forfeitable property is a felony of the fourth
degree.
(5) If the value of the property is one hundred thousand
dollars or more, interference with or diminishing forfeitable
property is a felony of the third degree.
Section 2. That existing sections 926.99, 1333.99, 1707.99,
1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04,
2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401,
2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48,
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32,
2919.21, 2921.01, 2921.13, 2921.41, 2923.31, 2929.17, 2967.193,
and 2981.07 of the Revised Code are hereby repealed.
Section 3. The amendments to sections 926.99, 1333.99,
1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,
2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,
2913.401,
2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,
2913.48,
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,
2917.32,
2921.13, 2921.41, 2923.31, and 2981.07 of the Revised
Code that
are made in this act apply to a
person who commits an
offense
specified or penalized under those
sections on or after
the
effective date of this act and to a
person to whom division
(B)
of section 1.58 of the Revised Code
makes the amendment
applicable.
The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,
2913.421,
2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,
2913.51,
2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,
2921.41,
2923.31, and 2981.07 of the Revised Code in existence
prior to
the effective date of this act shall apply to a person
upon whom
a court imposed sentence prior to the effective date of
this act
for an offense specified or penalized under those
sections. The
amendments to sections 926.99, 1333.99, 1707.99,
1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04,
2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401,
2913.42, 2913.421,
2913.43, 2913.45, 2913.46, 2913.47, 2913.48,
2913.49, 2913.51,
2913.61, 2915.05, 2917.21, 2917.31, 2917.32,
2921.13, 2921.41,
2923.31, and 2981.07 of the Revised Code that
are made in this
act do not apply to a person
who upon whom a
court imposed
sentence prior to the effective date
of this act
for an offense
specified or penalized under those
sections.
Section 4. Section 1716.99 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 59 and Sub. S.B. 2 of
the 123rd General
Assembly.
Section 2913.46 of the Revised Code is presented in
this act as a
composite of the section as amended by Am. Sub.
S.B. 107, Am.
Sub.
S.B. 269, and Am. Sub. S.B. 293, all of
the
121st General
Assembly. Section 2917.21 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 565 and Sub. S.B. 215 of
the 122nd General
Assembly.
Section 2967.193 of the Revised Code is
presented in this act
as a
composite of the section as amended by
both
Am. Sub. S.B. 269 and
Am. Sub. H.B. 180 of the 121st General
Assembly. The General
Assembly, applying the
principle stated in
division
(B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composites are the resulting
versions
of
the sections
in
effect prior to the effective date of
the
sections
as
presented
in this act.
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