(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) Where this section involves rented property, the following applies:
(1) The following shall be considered evidence of an intent to commit theft of rented property:
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 rented property as provided in subsection (b)(2) hereof, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
(2) To establish that a rentee has an intent to commit theft of rented property under subsection (b)(l)B hereof, a renter may issue a notice to a rentee demanding the return of 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.
(3) A demand for the return of rented property is not a prerequisite for the prosecution of a rentee for theft of rented property. The evidence specified in subsection (b)(l) hereof does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property.
(4) As used in this section:
A. "Renter" means a person who owns rented property.
B. "Rentee" means a person who pays consideration to a renter for the use of rented property.
(c) Whoever violates this section is guilty of misdemeanor theft, a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate state law:
(1) The value of the property or services stolen is one thousand dollars ($1,000) or more; or
(2) If the property stolen is any of the property listed in Ohio R.C. 2913.71;
(3) The victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, or
(4) The property stolen is a firearm or dangerous ordnance, or
(5) The property stolen is a motor vehicle, or
(6) The property stolen is any dangerous drug, or
(7) 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, or
(8) The property stolen is anhydrous ammonia, or
(9) The property stolen is a special purpose article as defined in Ohio R.C. 4737.04 or a bulk merchandise container as defined in Ohio R.C. 4737.012. (Ord. 2024-03. Passed 4-11-24.)
(d) In addition to the penalties described in subsection (c) 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:
(1) Unless subsection (d)(2) 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;
(2) 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 subsection (d)(1) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in Ohio R.C. 4510.02(A)(7), provided that the suspension shall be for at least six months.
(3) 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 subsections (c)(1) or (2) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
(e) In addition to the penalties described in subsection (c) hereof, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to Ohio R.C. 2929.18 or 2929.28. 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 Ohio R.C. 2913.72.
(f) The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under subsection (d) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Ohio R.C. Chapter 4510.
(ORC 2913.02)