642.22 RECEIVING STOLEN PROPERTY.

   (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, a misdemeanor of the first degree.  Receiving stolen property is a felony and shall be prosecuted under appropriate State law if:

      (1)   The value of the property involved is one thousand dollars ($1,000) or more; or

      (2)   The property involved is:

         A.   Listed in Section 642.03; or

         B.   A motor vehicle as defined in Ohio R.C. 4501.01; or

         C.   A dangerous drug as defined in Ohio R.C. 4729.01.

         D.   A special purchase article as defined in Ohio R.C. 4737.04 or a bulk merchandise container as defined in Ohio R.C. 4737.012.
(ORC 2913.51)

642.23 REMOVAL OF TOPSOIL OR LOAM.

   No person shall remove any topsoil or loam from the City for any commercial purpose except only so far as necessary for the erection, construction or alteration of buildings or the installation of driveways. (1964 Code §72.11)

642.24 POSSESSION OF CITY PROPERTY.

   No person, without being duly authorized, shall have in his control or possession any equipment, tools, implements or other property belonging to the City.

(1964 Code §72.12)

642.25 OBSTRUCTING OR TAMPERING WITH FIRE HYDRANTS.

   No person shall place or cause to be placed any building material or obstruction of any kind within seven feet of any fire hydrant. No person shall, except in case of fire or unless duly authorized to do so by proper public authority, open, tamper with or use water from any fire hydrant. (1964 Code §72.13)

642.26 THEFT OF C. A. T. V. (REPEALED)

   (EDITOR'S NOTE: Section 642.26 (Ohio R. C. 4933.42 and 4933.99(A) was repealed by Sub. Sen. Bill 183, effective September 26, 1984. See Sections 642.01(a),(q) and 642.02.)

642.27 POSSESSION OF CRIMINAL TOOLS.

   (a)   No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.

   (b)   Each of the following constitutes prima-facie evidence of criminal purpose:

      (1)   Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;

      (2)   Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;

      (3)   Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.

   (c)   Whoever violates this section is guilty of possessing criminal tools, a misdemeanor of the first degree.  If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony and shall be prosecuted under appropriate State law.

(ORC 2923.24)

642.28 IDENTITY FRAUD.

   (EDITOR’S NOTE: Former Section 642.28 has been deleted from the Codified Ordinances.  Ohio R.C. 2913.49, from which Section 642.28 was derived, has been reclassified from a misdemeanor to a felony offense.)

642.29 INSURANCE FRAUD.

   (a)   As used in this section:

      (1)   "Data" has the same meaning as in Section 642.01 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 Ohio Revised Code; The Ohio Fair Plan Underwriting Association created under Ohio R.C. 3929.43; 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 a misdemeanor of the first degree.  If the amount of the claim that is false or deceptive is one thousand dollars ($1,000) or more, insurance fraud is a felony and shall be prosecuted under appropriate State law.

   (d)   This section shall not be construed to abrogate, waive or modify Ohio R.C. 2317.02(A).

(ORC 2913.47)

642.30 FALSE STATEMENTS ALLEGING THEFT OF MOTOR VEHICLES. (REPEALED)

   (EDITOR'S NOTE: Section 642.30 (Ohio R.C. 2913.48) was repealed by Amended Sub. H.B. 632, effective March 28, 1986.)