(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)