642.08 ASSAULTING POLICE DOG OR HORSE OR AN ASSISTANCE DOG.

   (a)   No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:

      (1)   The police dog or horse is assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted.

      (2)   The police dog or horse is not assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.

   (b)   No person shall recklessly do any of the following:

      (1)   Taunt, torment, or strike a police dog or horse;

      (2)   Throw an object or substance at a police dog or horse;

      (3)   Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:

         A.   Inhibits or restricts the law enforcement officer’s control of the police dog or horse;

         B.   Deprives the law enforcement officer of control of the police dog or horse;

         C.   Releases the police dog or horse from its area of control;

         D.   Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;

         E.   Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.

      (4)   Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse.

      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer’s duties or that the person knows is a police dog or horse.

   (c)   No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:

      (1)   The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.

      (2)   The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.

   (d)   No person shall recklessly do any of the following:

      (1)   Taunt, torment, or strike an assistance dog;

      (2)   Throw an object or substance at an assistance dog;

      (3)   Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:

         A.   Inhibits or restricts the assisted or served person’s control of the dog;

         B.   Deprives the assisted or served person of control of the dog;

         C.   Releases the dog from its area of control;

         D.   Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;

         E.   Inhibits or restricts the ability of the dog to assist the assisted or served person.

      (4)   Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;

      (5)   If the person is the owner, keeper or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.

   (e)   (1)   Whoever violates subsection (a) hereof is guilty of assaulting a police dog or horse.  If the violation results in physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the first degree.  If the violation does not result in death, serious physical harm, or physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the second degree.  If the violation results in death or serious physical harm to the police dog or horse, such violation is a felony and shall be prosecuted under appropriate State law.

      (2)   Whoever violates subsection (b) hereof is guilty of harassing a police dog or horse.  Except as otherwise provided in this subsection, harassing a police dog or horse is a misdemeanor of the second degree.  If the violation results in the death of the police dog or horse or if the violation results in serious physical harm to the police dog or horse but does not result in its death, harassing a police dog or horse is a felony and shall be prosecuted under appropriate State law.  If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree.

      (3)   Whoever violates subsection (c) hereof is guilty of assaulting an assistance dog.  If the violation results in physical harm to the dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree.  If the violation does not result in death, serious physical harm, or physical harm to the dog, assaulting an assistance dog is a misdemeanor of the second degree.  If the violation results in death or serious physical harm to the dog, such violation is a felony and shall be prosecuted under appropriate State law.

      (4)   Whoever violates subsection (d) of this section is guilty of harassing an assistance dog.  Except as otherwise provided in this subsection, harassing an assistance dog is a misdemeanor of the second degree.  If the violation results in the death of or serious physical harm to the assistance dog but does not result in its death, harassing an assistance dog is a felony and shall be prosecuted under appropriate State law.  If the violation results in physical harm to the assistance dog but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.

      (5)   In addition to any other sanction or penalty imposed for the offense under this section, whoever violates subsection (a), (b), (c) or (d) of this section is responsible for the payment of all of the following:

         A.   Any veterinary bill or bill for medication incurred as a result of the violation by the Police Department regarding a violation of subsection (a) or (b) of this section or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of subsection (c) or (d) of this section;

         B.   The cost of any damaged equipment that results from the violation;

         C.   If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog;

         D.   If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog or horse that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.

   (f)   This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.

   (g)   This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or assistance dog.

   (h)   As used in this section:

      (1)   "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

      (2)   "Police dog or horse" means a dog or horse that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.

      (3)   "Serious physical harm" means any of the following:

         A.   Any physical harm that carries a substantial risk of death;

         B.   Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;

         C.   Any physical harm that causes acute pain of a duration that results in substantial suffering.

      (4)   "Assistance dog”, "blind", and "mobility impaired person" have the same meanings as in Ohio R.C. 955.011.

         (ORC 2921.321)

642.09 ARSON.

   (a)   No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any property of another without the other person’s consent.

   (b)   (1)   No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any structure of another that is not an occupied structure;

      (2)   It is an affirmative defense to a charge under subsection (b)(1) of this section that the defendant acted with the consent of the other person.

   (c)   Whoever violates this section is guilty of arson, a misdemeanor of the first degree.  If the value of the property or the amount of physical harm involved is one thousand dollars ($1,000) or more, arson is a felony and shall be prosecuted under appropriate State law. 

(ORC 2909.03)

642.10 CRIMINAL DAMAGING OR ENDANGERING.

   (a)   No person shall cause, or create a substantial risk of physical harm to any property of another without the other person's consent:

      (1)   Knowingly, by any means;

      (2)   Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.

   (b)   Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the first degree.  If the property involved in a violation is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person or if the property involved in a violation is an occupied aircraft, criminal damaging or endangering is a felony and shall be prosecuted under appropriate State law.

(ORC 2909.06)

642.11 CRIMINAL MISCHIEF.

   (a)   No person shall:

      (1)   Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with either of the following:

         A.   The property of another;

         B.   One’s own residential real property with the purpose to decrease the value of or enjoyment of the residential real property, if both of the following apply:

            1.   The residential real property is subject to a mortgage.

            2.   The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that real property.  As used in this subsection, “pending” includes the time between judgment entry and confirmation of sale.

      (2)   With purpose to interfere with the use or enjoyment of property of another employ a tear gas device, stink bomb, smoke generator or other device releasing a substance that is harmful or offensive to persons exposed, or that tends to cause public alarm;

      (3)   Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with a bench mark, triangulation station, boundary marker or other survey station, monument or marker.

      (4)   Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with any safety device, the property of another or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;

      (5)   With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure or personal property that is on that land.

      (6)   Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, all as defined in Ohio R.C. 2909.01, knowingly do any of the following:

         A.   In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;

         B.   Introduce a computer contaminant into a computer, computer system, computer network, computer software or computer program.

   (b)   As used in this section, "safety device" means any fire extinguisher, fire hose or fire axe, or any fire escape, emergency exit or emergency escape equipment, or any life line, life-saving ring, life preserver or life boat or raft, or any alarm, light, flare, signal, sign or notice intended to warn of danger, or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.

   (c)   (1)   Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in subsection (c)(2) or (3) of this section.

      (2)   Except as otherwise provided in this subsection, criminal mischief committed in violation of subsection (a)(1), (2), (3), (4) or (5) of this section is a misdemeanor of the first degree.  Except as otherwise provided in this subsection, if the violation of subsection (a)(1), (2), (3), (4) or (5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of subsection (a)(1), (2), (3), (4) or (5) of this section is a misdemeanor of the first degree.  If the property involved in the violation of subsection (a)(1), (2), (3), (4) or (5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft, criminal mischief committed in violation of subsection (a)(1), (2), (3), (4) or (5) of this section is a felony and shall be prosecuted under appropriate State law.

      (3)   Except as otherwise provided in this subsection, criminal mischief committed in violation of subsection (a)(6) of this section is a misdemeanor of the first degree.  If the value of the computer, computer system, computer network, computer software, computer program or data involved in the violation of subsection (a)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars or more, or if the computer, computer system, computer network, computer software, computer program or data involved in the violation of subsection (a)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a risk of physical harm to any person, criminal mischief committed in violation of subsection (a)(6) of this section is a felony and shall be prosecuted under appropriate State law.

         (ORC 2909.07)

642.12 CRIMINAL TRESPASS.

   (a)   No person, without privilege to do so, shall do any of the following:

      (1)   Knowingly enter or remain on the land or premises of another;

      (2)   Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows he is in violation of any such restriction or is reckless in that regard;

      (3)   Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

      (4)   Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

   (b)   It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency.

   (c)   It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.

   (d)    As used in this section, "land or premises" includes any land, building, structure or place belonging to, controlled by or in custody of another, and any separate enclosure or room, or portion thereof.

(ORC 2911.21)

642.125 AGGRAVATED TRESPASS.

   No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him or her.  (ORC 2911.211)

642.13 TAMPERING WITH COIN MACHINES.

   (a)   No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with or insert any part of an instrument into any coin machine.

   (b)   Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree.  If the offender has previously been convicted of a violation of Ohio R.C. 2911.32 or of any theft offense, tampering with coin machines is a felony and shall be prosecuted under appropriate State law.

(ORC 2911.32)