Skip to code content (skip section selection)
(A) Evidence of intent to commit theft of rented property or rental services.
(1) As used in this division (A):
RENTER. Means a person who owns rented property.
RENTEE. Means a person who pays consideration to a renter for the use of rented property.
(2) Each of the following shall be considered evidence of intent to commit theft of rented property or rental services:
(a) At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious, or not current with respect to name, address, place of employment, or other relevant information.
(b) After receiving a notice demanding the return of the rented property as provided in division (A)(3) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
(3) To establish that a rentee has an intent to commit theft of rented property or rental services under division (A)(2)(b) above, a renter may issue a notice to a rentee demanding the return of the rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee’s agent furnished in writing to the renter.
(4) A demand for the return of the rented property is not a prerequisite for the prosecution of a rentee for theft of rented property or rental services. The evidence specified in division (A)(2) above does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.
(R.C. § 2913.72) (Rev. 2010)
(B) Evidence of lack of capacity to consent.
(1) In a prosecution for any alleged violation of § 131.08 through 131.20, 131.23, 131.25 through 131.29, or 132.11, if the lack of consent of the victim is an element of the provision that allegedly was violated, evidence that, at the time of the alleged violation, the victim lacked the capacity to give consent is admissible to show that the victim did not give consent.
(2) As used in this section, LACKS THE CAPACITY TO CONSENT means being impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person or the person’s resources.
(R.C. § 2913.73) (Rev. 2008)