To amend section 2913.02 and to enact section 2913.08 of the Revised Code to establish penalties for theft of a computer or telecommunications device, to prohibit the use of a computer or telecommunications device to intercept information relating to the transfer of funds, and to prohibit the use of intercepted information to obtain or exert control over the property of another.

Section 1. That section 2913.02 be amended and section 2913.08 of the Revised Code be enacted to read as follows:

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;

(3) By deception;

(4) By threat;

(5) By intimidation.

(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), or (9) 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 one thousand dollars or more and is less than seven thousand five hundred 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 seven thousand five hundred dollars or more and is less than one hundred fifty 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 fifty thousand dollars or more and is less than seven hundred fifty 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 seven hundred fifty thousand dollars or more and is less than one million five hundred thousand 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 five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand 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 one thousand dollars or more and is less than seven thousand five hundred 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 seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars or, if the property stolen is a computer or telecommunications device having a value of less than one 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 thirty-seven thousand five hundred dollars or more and is less than one hundred fifty 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 fifty 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) Except as otherwise provided in division (B)(3) of this section, if the property stolen is a computer or telecommunications device, a violation of this section is one of the following:

(a) If the value of the property stolen is less than one hundred fifty thousand dollars, a felony of the fourth degree;

(b) If the value of the property stolen is one hundred fifty thousand dollars or more but less than seven hundred fifty thousand dollars, a felony of the third degree;

(c) If the value of the property stolen is seven hundred fifty thousand dollars or more but less than one million five hundred thousand dollars, a felony of the second degree;

(d) If the value of the property stolen is one million five hundred thousand dollars or more, a felony of the first degree.

(10) 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)(10)(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)(10)(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.

(c) The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to division (B)(9)(10)(a) or (b) of this section, instead may require the offender to perform community service for a number of hours determined by the court.

(10)(11) 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)(10) 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. 2913.08. (A) No person, without privilege to do so, knowingly shall use a computer or telecommunications device to intercept any information or computer program or application that is used, intended to be used, or capable of being used for the transfer of funds.

(B) No person knowingly shall use any information or computer program or application that is intercepted in violation of division (A) of this section to obtain or exert control over the property of another.

(C) Nothing in this section shall be construed to prohibit a merchant, processor, or payment network from processing a lawful payment card transaction, including a recurring payment card transaction, that has been requested, initiated, or otherwise authorized by a consumer or that is processed in connection with a consumer's purchase of a product or service.

(D)(1) Whoever violates division (A) of this section is guilty of theft of information, a felony of the fourth degree.

(2) Whoever violates division (B) of this section is guilty of unlawful use of intercepted information. Except as otherwise provided in this division, unlawful use of intercepted information is a felony of the fifth degree. If the value of the benefit obtained by the offender or of the detriment to the victim is one thousand dollars or more but less than seven thousand five hundred dollars, unlawful use of intercepted information is a felony of the fourth degree. If the value of the benefit obtained by the offender or of the detriment to the victim is seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, unlawful use of intercepted information is a felony of the third degree. If the value of the benefit obtained by the offender or of the detriment to the victim is one hundred fifty thousand dollars or more but less than one million dollars, unlawful use of intercepted information is a felony of the second degree. If the value of the benefit obtained by the offender or of the detriment to the victim is one million dollars or more, unlawful use of intercepted information is a felony of the first degree.

Section 2. That existing section 2913.02 of the Revised Code is hereby repealed.