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(A) No person shall destroy, damage, remove, or transfer property that is subject to forfeiture or otherwise take any action in regard to property that is subject to forfeiture with purpose to do any of the following:
(1) Prevent or impair the state’s or political subdivision’s lawful authority to take the property into its custody or control under Ohio R.C. Chapter 2981 or to continue holding the property under its lawful custody or control;
(2) Impair or defeat the court’s continuing jurisdiction over the person and property;
(3) Devalue property that the person knows, or has reasonable cause to believe, is subject to forfeiture proceedings under Ohio R.C. Chapter 2981.
(B) Whoever violates this section is guilty of interference with or diminishing forfeitable property. Except as otherwise provided in this division (B), interference with or diminishing forfeitable property is a misdemeanor of the first degree. If the value of the property is $1,000 or more, interference with or diminishing forfeitable property is a felony to be prosecuted under appropriate state law.
(ORC 2981.07)
(A) No person, with purpose to defraud one or more of his or her creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey, or otherwise deal with any of his or her property;
(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his or her affairs or estate, the existence, amount, or location of any of his or her property, or any other information regarding the property which he or she is legally required to furnish to the fiduciary.
(B) Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. The penalty shall be as provided in § 202.99. If the value of the property involved is $1,000 or more, defrauding creditors is a felony to be prosecuted under appropriate state law.
(ORC 2913.45)
(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. Except as otherwise provided in this division, receiving stolen property is 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 involved is $1,000 or more;
(2) The property involved is any of the property listed in R.C. § 2913.71;
(3) The property involved is a firearm or dangerous ordnance, as defined in R.C. § 2923.11;
(4) The property involved is a motor vehicle as defined in R.C. § 4501.01;
(5) The property involved is any dangerous drug, as defined in R.C. § 4729.01; or
(6) The property involved in violation of this section is a special purchase article as defined in R.C. § 4737.04 or a bulk merchandise container as defined in R.C. § 4737.012.
(ORC 2913.51)
(A) If more than one item of property or services is involved in a theft offense or in a violation of Ohio R.C. 1716.14(A) involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property or services involved in the offense.
(B) (1) When a series of offenses under Ohio R.C. 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio R.C. 2913.31 or 2913.43 involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. When a series of offenses under R.C. § 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 2913.02 or 2913.43 involving a victim who is an active duty service member or spouse of an active duty service member, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all offenses in the series.
(2) If an offender commits a series of offenses under Ohio R.C. 2913.02 that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio R.C. 2913.31 or 2913.43, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 2913.02 or 2913.43, or any substantially equivalent municipal ordinance to any of these offenses, whether committed against one victim or more than one victim, involving a victim who is an active duty service member or spouse of an active duty service member pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the course of conduct.
(3) When a series of two or more offenses under Ohio R.C. 2913.40, 2913.48, or 2921.41 is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.
(4) In prosecuting a single offense under division (B)(1), (B)(2) or (B)(3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of Ohio R.C. 2913.40, 2913.48, or 2921.41 in the offender’s same employment, capacity, or relationship to another as described in division (B)(1) or (B)(3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (B)(2) of this section. While it is not necessary to separately allege and prove each offense in the series in order to prosecute a single offense under division (B)(1), (B)(2), or (B)(3) of this section, it remains necessary in prosecuting them as a single offense to prove the aggregate value of the property or services in order to meet the requisite statutory offense level sought by the prosecution.
(C) The following criteria shall be used in determining the value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that has intrinsic worth to its owner and that either is irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, is the amount which would compensate the owner for its loss.
(2) The value of personal effects and household goods, and of materials, supplies, equipment, and fixtures used in the profession, business, trade, occupation, or avocation of its owner, which property is not covered under division (C)(1) of this section, and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing such property with new property of like kind and quality.
(3) The value of any real or personal property that is not covered under division (C)(1) or (2) of this section, and the value of services, is the fair market value of the property or services. As used in this section, “fair market value” is the money consideration which a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and the seller is willing to sell, that both are fully informed as to all facts material to the transaction, and that neither is under any compulsion to act.
(D) Without limitation on the evidence which may be used to establish the value of property or services involved in a theft offense:
(1) When the property involved is personal property held for sale at wholesale or retail, the price at which the property was held for sale is prima facie evidence of its value.
(2) When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest marked quotation prior to the offense, is prima facie evidence of the value of the security or commodity.
(3) When the property involved is livestock, poultry, or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima facie evidence of the value of the livestock, poultry, or products.
(4) When the property involved is a negotiable instrument, the face value is prima facie evidence of the value of the instrument.
(5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check, or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property, is prima facie evidence of the value of the instrument.
(6) When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services which may be received by the instrument is prima facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity, water, telephone, transportation, shipping, or other services for which the rate is established by law, the duly established rate is prima facie evidence of the value of the services.
(8) When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for the services, either in writing, or orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in the notice is prima facie evidence of the value of the services.
(ORC 2913.61(B) - (E))
(A) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of § 642.06(a)(1) or (b)(1):
(1) If the property is an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.
(2) If the property is not covered under division (A)(1) of this section, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.
(3) If the property is not covered under division (A)(1) of this section, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
(B) As used in this section, “fair market value” has the same meaning as in Ohio R.C. 2913.61.
(C) Prima facie evidence of the value of property, as provided in Ohio R.C. 2913.61(D), may be used to establish the value of property pursuant to this section.
(ORC 2909.11(B) - (D))
(A) In a prosecution for a theft offense, as defined in Ohio R.C. 2913.01, that involves alleged tampering with a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment of a utility has been tampered with is prima facie evidence that the person who is obligated to pay for the service rendered through the meter, conduit or attachment, and who is in possession or control of the meter, conduit or attachment at the time the tampering occurred has caused the tampering with intent to commit a theft offense.
(B) In a prosecution for a theft offense, as defined in Ohio R.C. 2913.01, that involves the alleged reconnection of a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility, proof that a meter, conduit or attachment disconnected by a utility has been reconnected without the consent of the utility is prima facie evidence that the person in possession or control of the meter, conduit or attachment at the time of the reconnection has reconnected the meter, conduit or attachment with intent to commit a theft offense.
(C) As used in this section:
“Utility” means any electric light company, gas company, natural gas company, pipe-line company, water-works company or heating or cooling company, as defined in Ohio R.C. 4905.03(C), (D), (E), (F), (G), or (H), its lessees, trustees or receivers, or any similar utility owned or operated by a political subdivision.
“Tamper” means to interfere with, damage or bypass a utility meter, conduit or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on the meter.
(ORC 4933.18)
(D) Each electric light company, gas company, natural gas company, pipeline company, waterworks company or heating or cooling company, as defined by Ohio R.C. 4905.03(C), (D), (E), (F), (G), or (H), or its lessees, trustees or receivers, and each similar utility owned or operated by a political subdivision, shall notify its customers, on an annual basis, that tampering with or bypassing a meter constitutes a theft offense that could result in the imposition of criminal sanctions.
(ORC 4933.19)
No person shall, without first obtaining the consent of the owner or occupant, paste, stick, nail or post handbills, placards or posters, or make, print or mark any word, letter or advertisement of any kind, upon any private house, store or other building or upon any fence, wall, railing, telephone or electric light pole or other private property; or paste, stick, nail or mark any word, character or letter or advertisement upon any public building, bridge, fence, railing or sidewalk or any other property within the city, except in compliance with the requirements of law in posting of legal notices and except on his own property.
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