642.05 UNAUTHORIZED USE OF PROPERTY.

   (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)   The affirmative defenses contained in Section 642.04(c) are affirmative defenses to a charge under this section.

   (c)   Whoever violates this section is guilty of unauthorized use of property. Except as provided in subsection (d) hereof, unauthorized use of property is a misdemeanor of the fourth degree.

   (d)   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 a misdemeanor of the first degree. Unauthorized use of property is a felony and shall be prosecuted under appropriate State law if:

      (1)   Unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, and if the value of the property is one thousand dollars ($1,000) or more; or

      (2)   If the victim of the offense is an elderly person or disabled adult.

         (ORC 2913.04)