CHAPTER 642: OFFENSES RELATING TO PROPERTY
Section
642.01   Definitions
642.02   Theft
642.03   Degree of offense when certain property involved
642.035   Evidence of theft of rented property
642.04   Unauthorized use of a vehicle; vehicle trespass
642.05   Unauthorized use of property
642.06   Injuring vines, bushes, trees or crops
642.07   Desecration
642.08   Assaulting police dog or horse or assistance dog
642.09   Arson
642.10   Criminal damaging or endangering; vehicular vandalism
642.11   Criminal mischief
642.12   Criminal trespass
642.125   Aggravated trespass
642.13   Tampering with coin machines
642.14   Passing bad checks
642.145   Forging or selling forged identification cards
642.146   Criminal simulation
642.15   Misuse of credit cards
642.155   Recording credit card, telephone or Social Security numbers
642.16   Making or using slugs
642.17   Prima facie evidence of fraud in theft from livery or hostelry
642.18   Tampering with records
642.19   Securing writings by deception
642.20   Personating an officer
642.205   Diminishing or interfering with forfeitable property
642.21   Defrauding creditors
642.22   Receiving stolen property
642.24   Determining property value in theft offense
642.25   Determining property value in arson
642.26   Prosecutions for theft of utilities
642.27   Posting handbills, posters, placards
642.29   Insurance fraud
642.31   Misconduct involving a public transportation system
642.32   Medicaid fraud
642.33   Workers’ compensation fraud
642.34   Motion picture piracy
642.35   Railroad vandalism; criminal trespass; interference with operation of train; grade crossing device vandalism
Cross-reference:
   Alteration, injury, removal of traffic control devices, see § 414.08
   Definitions generally, see § 606.01
   “Physical harm to property” defined, see § 606.01
   “Property” defined, see § 606.01
   “Serious physical harm to property” defined, see § 606.01
   Detention of shoplifters and those committing motion picture piracy; protection of institutional property, see § 606.23
   Disposition of unclaimed or forfeited property held by Police Department, see § 606.24
   Endangering aircraft and airport operations, see § 672.12
   Possessing criminal tools, see § 672.14
Statutory reference:
   Determining property value or amount of physical harm in arson, see Ohio R.C. 2909.11
   Parents’ liability for destructive acts of their children, see Ohio R.C. 3109.09
   Value of written instrument or evidence of debt, see Ohio R.C. 1.07
§ 642.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “Active duty service member.” Any member of the armed forces of the United States performing active duty under Title 10 of the United States Code.
   “Anhydrous ammonia.” A compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described below. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately 82% nitrogen to 18% hydrogen.
   “Assistance dog” has the same meaning as in Ohio R.C. 955.011.
   “Cable television service.” Any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
   “Coin machine.” Any mechanical or electronic device designed to do both of the following:
      (1)   Receive a coin or bill, or token made for that purpose;
      (2)   In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license.
   “Computer.” An electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. “Computer” includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature.
   “Computer contaminant.” Means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (1) through (4) of this definition or of a type or kind similar to a type or kind described in divisions (1) through (4) of this definition:
      (1)   A group of computer programs commonly known as “viruses” and “worms” that are self- replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
      (2)   A group of computer programs commonly known as “Trojans” or “Trojan horses” that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
      (3)   A group of computer programs commonly known as “zombies” that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer’s or network’s performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as “denial of service” or “distributed denial of service” attacks;
      (4)   A group of computer programs commonly known as “trap doors”, “back doors”, or “root kits” that are designed to bypass standard authentication software and that are designed to allow access or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent.
   “Computer hacking.”
      (1)   “Computer hacking” means any of the following:
         (a)   Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;
         (b)   Misusing computer or network services including but not limited to mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, “misuse of computer and network services” includes but is not limited to the unauthorized use of any of the following:
            1.   Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;
            2.   File transfer program services or proxy servers to access other computers, computer systems, or computer networks;
            3.   Web servers to redirect users to other web pages or web servers.
         (c)   1.   Subject to division (1)(c)2. of this definition, using a group of computer programs commonly known as “port scanners” or “probes” to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes but is not limited to those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network’s facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including but not limited to operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.
            2.   The group of computer programs referred to in division (1)(c)1. of this definition does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including but not limited to domain name services, mail transfer services, and other operating system services, computer programs commonly called “ping”, “tcpdump”, and “traceroute” and other network monitoring and management computer software, and computer programs commonly knows as “nslookup” and “whois” and other systems administration computer software.
         (d)   The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.
      (2)   “Computer hacking” does not include the introduction of a computer contaminant, as defined in this section, into a computer, computer system, computer program, or computer network.
   “Computer network.” A set of related and remotely-connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.
   “Computer program.” An ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to process data.
   “Computer services.” Includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.
   “Computer software.” Computer programs, procedures, and other documentation associated with the operation of a computer system.
   “Computer system.” A computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.
   “Counterfeit telecommunications device.” A telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. The phrase includes but is not limited to a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone.
   “Create a substantial risk of serious physical harm to any person.” Includes the creation of a substantial risk of serious physical harm to any emergency personnel.
   “Credit card.” Includes, but is not limited to, a card, code, device, or other means of access to a customer’s account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under Ohio R.C. 301.29.
   “Dangerous drug.” Has the same meaning as in Ohio R.C. 4729.01.
   “Data.” A representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network.
   “Deception.” To knowingly deceive another or cause another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.
   “Defraud.” To knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.
   “Deprive.” To do any of the following:
      (1)   To withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;
      (2)   To dispose of property so as to make it unlikely that the owner will recover it;
      (3)   To accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.
   “Disabled adult.” A person who is 18 years of age or older and has some impairment of body or mind that makes the person unable to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least 12 months without any present indication of recovery from the impairment, or who is 18 years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons.
   “Drug abuse offense.” Has the same meaning as in Ohio R.C. 2925.01.
   “Elderly person.” A person who is 65 years of age or older.
   “Electronic fund transfer.” Has the same meaning as in 92 Stat. 3728, 15 U.S.C. 1693a, as amended.
   “Emergency personnel.” Means any of the following persons:
      (1)   A peace officer, as defined in Ohio R.C. 2935.01;
      (2)   A member of a fire department or other firefighting agency of a municipal corporation, township, township fire district, joint fire district, other political subdivision, or combination of political subdivisions;
      (3)   A member of a private fire company, as defined in Ohio R.C. 9.60, or a volunteer firefighter;
      (4)    A member of a joint ambulance district or joint emergency medical services district;
      (5)   An emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance operator, or other member of an emergency medical service that is owned of operated by a political subdivision or a private entity;
      (6)   The State Fire Marshal, the Chief Deputy State Fire Marshal, or an Assistant State Fire Marshal;
      (7)   A fire prevention officer of a political subdivision or an arson, fire, or similar investigator of a political subdivision.
   “Federally-licensed firearms dealer.” Has the same meaning as in Ohio R.C. 5502.63.
   “Firearm” and “dangerous ordnance.” Have the same meaning as in Ohio R.C. 2923.11.
   “Forge.” To fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.
   “Gain access.” To approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in Ohio R.C. 2913.04.
   “Information service.”
      (1)   Subject to division (2) of this definition, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including but not limited to electronic publishing.
      (2)   “Information service” does not include any use of a capability of a type described in division (1) of this definition for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
   “Internet.” Has the same meaning as in Ohio R.C. 341.42.
   “Motor vehicle.” Has the same meaning as in Ohio R.C. 4501.01.
   “Occupied structure.” Means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following applies:
      (1)   It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether nor not any person is actually present;
      (2)   At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present;
      (3)   At the time, it is specially adapted for the overnight accommodation of any person, whether or not any person is actually present;
      (4)   At the time, any person is present or likely to be present in it.
   “Owner.” Unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.
   “Police dog or horse” has the same meaning as in Ohio R.C. 2921.321.
   “Political subdivision.” Has the same meaning as in Ohio R.C. 2744.01.
   “Rented property.” Personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property within any applicable minimum or maximum term; and the amount of consideration is generally determined by the duration of possession of the property.
   “Services.” Includes labor, personal services, professional services, rental services, public utility services including wireless service as defined in Ohio R.C. 128.01(F)(1), common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of Ohio R.C. 2913.04 or any substantially equivalent municipal ordinance, includes cable services as defined in that section.
   “Slug.” An object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose.
   “State.” Has the same meaning as in Ohio R.C. 2744.01.
   “Telecommunication.” The origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence or intelligence of any nature over any communications system by any method, including but not limited to a fiber optic, electronic, magnetic, optical, digital or analog method.
   “Telecommunications device.” Any instrument, equipment, machine, or other device that facilitates telecommunication, including but not limited to a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.
   “Telecommunications service.” The providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.
   “Theft offense.” Any of the following:
      (1)   A violation of Ohio R.C. 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, 2913.48, former Ohio R.C. 2913.47 or 2913.48, Ohio R.C. 2913.51, 2915.05, 2921.41;
      (2)   A violation of an existing or former municipal ordinance or law of this or any other state or of the United States substantially equivalent to any section listed in division (1) of this definition, or a violation of Ohio R.C. 2913.41, 2913.81 or 2915.06 as it existed prior to July 1, 1996;
      (3)   An offense under an existing or former municipal ordinance or law of this or any other state or the United States involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud;
      (4)   A conspiracy to commit, attempt to commit, or complicity in committing any offense under division (1), (2), or (3) of this definition.
   “Utter.” To issue, publish, transfer, use, put or send into circulation, deliver, or display.
   “Writing.” Any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, type-written, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.
(ORC 2909.01, 2913.01)
§ 642.02 THEFT.
   (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)   Whoever violates this section is guilty of theft. Except as otherwise provided in this division, a violation of this section is 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)   If the value of the property or services is $1,000 or more;
      (2)   If the property stolen is any of the property listed in Ohio R.C. 2913.71;
      (3)   If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member;
      (4)   If the property stolen is a firearm or dangerous ordnance;
      (5)   If the property stolen is a motor vehicle;
      (6)   If the property stolen is any dangerous drug, or if the offender previously has been convicted of a felony drug abuse offense;
      (7)   If 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 a service dog;
      (8)   If the property stolen is anhydrous ammonia; or
      (9)   If the property stolen is a special purchase article as defined in R.C. § 4737.04 or is a bulk merchandise container as defined in R.C. § 4737.012.
   (C)   In addition to the penalties described in division (B) 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 division (C)(2) of this section applies, suspend for not more than six months the offenders 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 division (C)(1) of this section, or any other substantially equivalent state or local law, 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 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 division (C)(1) or (C)(2) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
   (D)   In addition to the penalties described in division (B) of this section, 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 Ohio R.C. 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.
   (E)   The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under division (C) 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)
Statutory reference:
   Felony theft provisions, see Ohio R.C. 2913.02(B)
§ 642.03 DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.
   Regardless of the value of the property involved, and regardless of whether the offender previously has been convicted of a theft offense, a violation of § 642.02 or § 642.22 is a felony to be prosecuted under appropriate state law if the property involved is any of the following:
   (A)   A credit card;
   (B)   A printed form for a check or other negotiable instrument, that on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank;
   (C)   A motor vehicle identification license plate as prescribed by R.C. §4503.22, a temporary motor vehicle license registration as prescribed by R.C. §4503.182, or any comparable temporary motor vehicle license registration as prescribed by the applicable law of another state or the United States;
   (D)   A blank form for a certificate of title or a manufacturer’s or importer’s certificate to a motor vehicle, as prescribed by Ohio R.C. 4505.07;
   (E)   A blank form for any license listed in Ohio R.C. 4507.01.
(ORC 2913.71)
§ 642.035 EVIDENCE OF THEFT OF RENTED PROPERTY.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Renter.” A person who owns rented property.
      (2)   “Rentee.” A person who pays consideration to a renter for the use of rented property.
   (B)   Each of the following shall be considered evidence of intent to commit theft of rented property or rental services:
      (1)   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.
      (2)   After receiving a notice demanding the return of the rented property as provided in division (C) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
   (C)   To establish that a rentee has an intent to commit theft of rented property or rental services under division (B)(2) 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.
   (D)   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 (B) above does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.
(ORC 2913.72)
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