§ 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)

§ 625.07 Motor Vehicle Trespass

   (a)   No person by force, stealth or deception shall trespass in or attempt to trespass in a locked motor vehicle or any locked compartment of any motor vehicle with purpose to commit any theft offense.

   (b)   No person shall knowingly enter into or upon a motor vehicle, motorcycle or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

   (c)   Whoever violates this section is guilty of motor vehicle trespass. Violation of subsection (a) hereof is a misdemeanor of the first degree, and violation of subsection (b) hereof is a minor misdemeanor.

(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

§ 625.08 Criminal Tools

   (a)   No person shall knowingly possess or have under his or her control any device, instrument or article including but not limited to those listed herein, with purpose to use it criminally:

      (1)   Bump key;

      (2)   Detached ignition switch;

      (3)   Jumper wire device;

      (4)   Key cutter;

      (5)   Slidehammer;

      (6)   An electric media device when information from the device, obtained pursuant to law, indicates that the device was intended for criminal use;

      (7)   Any other device, instrument or article commonly used, designed or specially adapted for criminal use.

   (b)   As used in this section:

      (1)   “Bump key” means a specially-cut key that is designed to defeat a pin tumbler lock using a technique in which the key is inserted into the lock and struck or bumped with a hammer or other object to cause the pins in the tumbler to separate to allow the lock to open.

      (2)   “Detached ignition switch” means any ignition cylinder capable of completing the electrical circuit in the ignition system of an automobile.

      (3)   “Jumper wire device” means any electrical connecting device designed to complete the electrical circuit in the ignition of an automobile.

      (4)   “Key cutter” means any key-making device capable of cutting or punching out keys.

      (5)   “Slidehammer” or “slaphammer” means a device with a movable weighted sleeve on a rod used to remove automobile locks.

      (6)   “Electronic media device” means media that uses electronics or electromechanical energy for the end-user (audience) to access the content sent by any equipment used in the electronic communication process, including but not limited to, two (2) way radio, telephone, desktop computer, and handheld device, and used interactively between two (2) or more people.

   (c)   Whoever violates this section is guilty of possession of criminal tools, a misdemeanor of the first degree.

(Ord. No. 1393-11. Passed 12-5-11, eff. 12-9-11 without the signature of the Mayor)

§ 625.09 Reserved

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