§ 625.01 Definitions

Cross-reference:
   Cheating, CO 611.07
   Copying police and fire uniforms, CO 615.14
   Deception to obtain matter harmful to juveniles, CO 619.13
   Deceptive advertising, CO Ch. 653
   Deceptive measurements prohibited, CO 555.19
   Falsification, CO 615.02
   Impersonating a law enforcement officer, CO 615.09
   Property defined, CO 601.01

Statutory reference:
See sectional histories for similar State law

As used in this chapter:

(a) “Deception” means knowingly deceiving another or causing 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 which 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.

(b) “Defraud” means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.

(1) Withhold property of another permanently, or for such period as to appropriate a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;

(2) Dispose of property so as to make it unlikely that the owner will recover it;

(3) Accept, use or appropriate money, property or services, with purpose not to give proper consideration in return therefor, and without reasonable justification or excuse for not giving proper consideration.

(d) “Owner” means any person, other than the actor, who is the owner of, or who has possession or control of, or any license or interest in property or services, even though such ownership, possession, control, license or interest is unlawful.

(e) “Services” include labor, personal services, professional services, public utility services, common carrier services, and food, drink, transportation, entertainment and cable television services.

(f) “Writing” means any computer software, document, letter, memorandum, note, paper, plate, data, film or other thing having in or upon it any written, typewritten or printed matter, and also means any token, stamp, seal, credit card, badge, trademark, label or other symbol of value, right, privilege, license or identification.

(g) “Forge” means 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 such writing in fact is not authenticated thereby.

(h) “Utter” means to issue, publish, transfer, use, put or send into circulation, deliver or display.

(i) “Coin machine” means 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.

(j) “Slug” means an object which, 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.

(k) “Theft offense” means any of the following:

(1) A violation of Sections 611.05, 625.05, 625.06, 625.10 to 625.18 or 625.21 of the General Offenses Code;

(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States substantially equivalent to any section listed in division (k)(1) of this section;

(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 or attempt to commit, or complicity in committing any offense under division (k)(1), (2) or (3) of this section.

(l) “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.

(m) “Computer” means 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 such an electronic device.

(n) “Computer system” means 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.

(o) “Computer network” means a set of related and remotely connected computers and communication facilities that includes more than one (1) computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.

(p) “Computer program” means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.

(q) “Computer software” means computer programs, procedures and other documentation associated with the operation of a computer system.

(r) “Data” means 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 system or computer network.

(s) “Cable television service” means 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.

(t) “Gain access” means 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.

(u) “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. “Electronic fund transfer” has the same meaning as in 92 Stat. 3728, 15 U.S.C. 1693a, as amended.

(RC 2913.01; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)

§ 625.02 Application of Provisions

(a) Any person having been previously convicted of a theft offense under this Code or the Ohio Revised Code shall, on a subsequent offense, be prosecuted pursuant to the provisions of RC Title 29.

(b) This section shall not apply to Sections 625.10, 625.13, 625.16, 625.17 or 625.18.

(Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)

§ 625.03 Valuation of Property

(a) When a person is charged with a theft offense involving property or services valued at three hundred dollars ($300.00) or more, the jury or court trying the accused shall determine the value of such property or services as of the time of the offense and, if a guilty verdict is returned, shall return the finding of value as part of the verdict. In any such case it is unnecessary to find and return exact value, and it is sufficient if the finding and return is to the effect that the value of the property or services involved was less than three hundred dollars ($300.00) or was three hundred dollars ($300.00) or more.

(b) Where more than one (1) item of property or services is involved in a theft offense, the value of the property or services involved for the purpose of determining the value as required by subsection (a) hereof, is the aggregate value of all property or services involved in the offense.

(c) When a series of offenses under Section 625.05 is committed by the offender in his or her same employment, capacity or relationship to another, all such offenses shall be tried as a single offense, and the value of the property or services involved for the purpose of determining the value as required by subsection (a) hereof, is the aggregate value of all property and services involved in all offenses in the series. In prosecuting a single offense under this section, it is not necessary to separately allege and prove each offense in the series. It is sufficient to allege and prove that the offender, within a given span of time committed one (1) or more theft offense in his or her same employment, capacity or relationship to another.

(d) 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 which has intrinsic worth to its owner and which is either 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 subsection (d)(1) hereof, 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 property, real or personal, not covered under subsection (d)(1) or (2) hereof, and the value of services, is the fair market value of such 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.

(e) 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 such 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 market quotation prior to the offense, is prima facie evidence of the value of such 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 such livestock, poultry or product;

(4) When the property involved is a negotiable instrument, the face value is prima facie evidence of the value of such 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 thereby, is prima facie evidence of the value of such 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 such 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 such 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 such notice is prima facie evidence of the value of such services.

(RC 2913.61; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

§ 625.04 Property Exceptions as Felony Offenses

Regardless of the value of the property involved, and regardless of whether the offender has previously been convicted of a theft offense, the provisions of Section 625.05 or 625.21 do not apply if the property involved is any of the following:

(a) A credit card;

(b) A printed form for a check or other negotiable instrument, which 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 which has not been executed by the drawer or maker or on which the amount is blank;

(d) A motor vehicle as defined in RC 4501.01 or the proceeds of a motor vehicle insurance policy;

(e) A motor vehicle identification license plate as prescribed by RC 4503.22, a temporary license placard or windshield sticker as prescribed by RC 4503.182, or any comparable license plate, placard or sticker as prescribed by the applicable law of another state or the United States;

(f) A blank form for a certificate of title or a manufacturer’s or importer’s certificate to a motor vehicle as prescribed by RC 4505.07;

(g) A blank form for any license listed in division (A) of RC 4507.01;

(h) Any dangerous drug.

(RC 2913.71; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

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