§ 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;

   (c)   A firearm or dangerous ordnance as defined in Section 627.01;

   (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)

§ 625.05 Petty 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)   This section shall not apply if the value of the property involved is one thousand dollars ($1,000.00) or more, or is any of the property listed in Section 625.04.

   (c)   This section shall not apply if the victim of the offense is an elderly person or disabled adult.

   (d)   Whoever violates this section is guilty of petty theft, a misdemeanor of the first degree.

(RC 2913.02; Ord. No. 1094-13. Passed 9-23-13, eff. 9-27-13)

§ 625.06 Unauthorized Use of a Vehicle

   (a)   No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

   (b)   The following are affirmative defenses to a charge under this section:

      (1)   At the time of the alleged offense, the actor, though mistaken, reasonably believed that he or she was authorized to use or operate the property;

      (2)   At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.

   (c)   This section shall not apply if the offender removes the vehicle from this State or retains possession of it for more than forty-eight (48) hours.

   (d)   Whoever violates this section is guilty of unauthorized use of a vehicle, a misdemeanor of the first degree.

(RC 2913.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)