(a) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.
(b) The affirmative defenses contained in Section 642.04(b) are affirmative defenses to a charge under this section.
(c) Whoever violates this section is guilty of unauthorized use of property, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 698.02, provided the offense is not committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and/or provided the victim of the offense is not an elderly person or a disabled person. If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02, provided the value of the property or services or the loss to the victim is less than five hundred dollars ($500.00). If the victim of the offense is an elderly person or a disabled person, unauthorized use of property is a felony and shall be prosecuted under Ohio R.C. 2913.04. (ORC 2913.04)