(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) Whoever violates this section is guilty of theft. Except as otherwise provided in this division, a violation of this section is misdemeanor theft, a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate state law:
(1) If the value of the property or services is one thousand dollars ($1,000) or more;
(2) If the property stolen is any of the property listed in Ohio R.C. 2913.71;
(3) If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member;
(4) If the property stolen is a firearm or dangerous ordnance;
(5) If the property stolen is a motor vehicle;
(6) If the property stolen is any dangerous drug, or if the offender previously has been convicted of a felony drug abuse offense;
(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog;
(8) If the property stolen is anhydrous ammonia; or
(9) If the property stolen is a special purchase article as defined in Ohio R.C. 4737.04 or is a bulk merchandise container as defined in Ohio R.C. 4737.012.
(c) In addition to the penalties described in division (b) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:
(1) Unless division (c)(2) of this section applies, suspend for not more than six months the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege;
(2) If the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (c)(1) of this section, or any other substantially equivalent state or local law, impose a class seven suspension of the offender’s license, permit, or privilege from the range specified in Ohio R.C. 4510.02(A)(7), provided that the suspension shall be at least six months;
(3) The court, in lieu of suspending the offender’s driver’s or commercial driver’s license, probationary driver’s license, temporary instruction permit, or nonresident operating privilege pursuant to division (c)(1) or (c)(2) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
(d) In addition to the penalties described in division (b) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to Ohio R.C. 2929.18 or Ohio R.C. 2929.28. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of Ohio R.C. 2913.72.
(e) The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under division (c) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Ohio R.C. Chapter 4510.
(ORC 2913.02)
Statutory reference:
Felony theft provisions, see Ohio R.C. 2913.02(B)