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(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Renter.” A person who owns rented property.
(2) “Rentee.” A person who pays consideration to a renter for the use of rented property.
(b) Each of the following shall be considered evidence of intent to commit theft of rented property or rental services:
(1) At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious, or not current with respect to name, address, place of employment, or other relevant information.
(2) After receiving a notice demanding the return of the rented property as provided in division (c) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
(c) To establish that a rentee has an intent to commit theft of rented property or rental services under division (b)(2) above, a renter may issue a notice to a rentee demanding the return of the rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee’s agent furnished in writing to the renter.
(d) A demand for the return of the rented property is not a prerequisite for the prosecution of a rentee for theft of rented property or rental services. The evidence specified in division (b) above does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.
(ORC 2913.72)
(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) No person shall knowingly use or operate an aircraft, motor vehicle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this State, or keep possession of it for more than 48 hours.
(c) 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.
(d) Whoever violates this section is guilty of unauthorized use of a vehicle.
(1) Except as otherwise provided in this division (d)(1), a violation of division (a) of this section is a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled adult and if the victim incurs a loss as a result of the violation, a violation of division (a) of this section is a felony to be prosecuted under appropriate State law.
(2) A violation of division (b) of this section is a felony to be prosecuted under appropriate State law.
(ORC 2913.03)
Statutory reference:
Theft offense involving motor vehicle, offender to pay towing and storage fees, see Ohio R.C. 2913.82
(a) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.
(b) No person, in any manner and by any means, including but not limited to computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent.
(c) Except as permitted under R.C. § 5503.101, no person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to Ohio R.C. 5503.10 without the consent of, or beyond the scope of the express or implied consent of, the chair of the Law Enforcement Automated Data System Steering Committee.
(d) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the Ohio law enforcement gateway established and operated pursuant to Ohio R.C. 109.57(C)(1) without the consent of, or beyond the scope of the express or implied consent of, the Superintendent of the Bureau of Criminal Identification and Investigation.
(e) The affirmative defenses contained in Ohio R.C. 2913.03(C) are affirmative defenses to a charge under this section.
(f) Whoever violates division (a) of this section is guilty of unauthorized use of property. Except as otherwise provided in this division, unauthorized use of property is a misdemeanor of the fourth degree.
(1) If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is whichever of the following is applicable:
A. Except as otherwise provided below, unauthorized use of property is a misdemeanor of the first degree.
B. If the value of the property or services or the loss to the victim is one thousand dollars ($1,000.00) or more, it is a felony to be prosecuted under appropriate State law.
(2) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is a felony to be prosecuted under appropriate State law.
(h) Whoever violates division (b) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, a felony to be prosecuted under appropriate State law.
(i) Whoever violates division (d) of this section is guilty of unauthorized use of the Ohio law enforcement gateway, a felony to be prosecuted under appropriate State law.
(g) Whoever violates division (c) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony to be prosecuted under appropriate State law.
(j) As used in this section:
(1) “Cable operator” means any person or group of persons that does either of the following:
A. Provides cable service over a cable system and directly through one or more affiliates owns a significant interest in that cable system;
B. Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
(2) “Cable service” means any of the following:
A. The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;
B. Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in division (j)(1)A. of this definition;
C. Any cable television service.
(3) “Cable system” means any facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. “Cable system” does not include any of the following:
A. Any facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. Any facility that serves subscribers without using any public right-of-way;
C. Any facility of a common carrier that, under 47 U.S.C. 522(7)(c), is excluded from the term “cable system” as defined in 47 U.S.C. 522(7);
D. Any open video system that complies with 47 U.S.C. 573;
E. Any facility of any electric utility used solely for operating its electric utility system.
(ORC 2913.04)
Statutory reference:
Telecommunications: fraud and unlawful use of a device, felony offenses, see Ohio R.C. 2913.05 and 2913.06
(a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.
(b) In addition to the penalty provided in division (c) of this section, whoever violates this section is liable in treble damages for the injury caused.
(ORC 901.51)
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 901.99(A))
(a) No person shall stick or post any advertisement, poster, sign, handbill or placard of any description upon any building, vehicle, tree, post, fence, billboard or any other structure, or anything whatever which is the private property of another, without permission of the occupant or owner of the same; or paint, mark, write, print or impress or in any manner attach any notice, advertisement, name of any commodity or thing, trademark, symbol or figure of any kind upon anything whatever which is the property of another, without first obtaining permission of the owner of such thing on which he desires to place such material.
(b) No person shall stick, post or attach any advertisement, poster, sign, handbill or placard of any kind or description upon any telegraph, telephone, railway or electric light pole or any post or standard within the corporate limits or upon any public building, vehicle, voting booth, flagging, curb, tree lawn, walk, step, stone or sidewalk; or write, print or impress or in any manner attach any notice or advertisement of any kind upon any public building, voting booth, flagging, curb, tree lawn, step, stone or sidewalk which is the property of the Municipality or within the street lines of the Municipality or over which the Municipality or Council has care, custody or control, except such as may be required by the laws of the State or upon written permission of the Mayor.
(Ord. 1341. Passed 10-15-56.)
(c) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor, and shall be subject to the penalty provided in Section 698.02.
(a) Prohibited; exceptions.
(1) Except as otherwise provided in this section, no person shall cause or permit the open burning of combustible materials, including, without limitation, rubbish, refuse of any kind, grass, leaves, wood paper, waste, industrial matter and materials of any kind resulting from construction, alteration or demolition of any structure or equipment.
(2) The following shall not be considered open burning within the meaning of this section:
A. Burning of waste material generated on the premises within a permanent, properly ventilated incinerator within an enclosed building, when such incinerator is designed and operated so as to minimize smoke and odors.
B. Bonfires, campfires and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational or similar purposes.
C. Small open flames for heating tar, welding equipment, cutting torches and highway safety flares.
(b) Containers for burning; debris. No person shall keep or maintain any container, pit or other device primarily designed for open burning, or keep or maintain any accumulation of rubbish , ashes or other debris resulting from any open burning.
(c) Penalty. Whoever violates any of the provisions of this section shall be guilty of a minor misdemeanor.
(Ord. 7-2009. Passed 7-13-09.)
(a) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm to any property of another without the other person’s consent;
(2) Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;
(3) Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person’s consent or to any property of the offender or another with purpose to defraud;
(5) Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision;
(6) With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.
(b) No person, by means of fire or explosion, shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm to any structure of another that is not an occupied structure;
(2) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any structure of another that is not an occupied structure;
(3) Cause, or create a substantial risk of, physical harm to any structure that is not an occupied structure and that is in or on any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision.
(c) (1) It is an affirmative defense to a charge under division (b)(1) or (b)(2) of this section that the defendant acted with the consent of the other person.
(2) It is an affirmative defense to a charge under division (b)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.
(d) (1) Whoever violates this section is guilty of arson.
(2) A violation of division (a)(1) or (b)(1) of this section is one of the following:
A. Except as otherwise provided in division (d)(2)B. of this section, a misdemeanor of the first degree;
B. If the value of the property or the amount of the physical harm involved is $1,000 or more, a felony to be prosecuted under appropriate state law.
(3) A violation of division (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (b)(2) or (b)(3) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.03)
Statutory reference:
Aggravated arson, felony provisions, see Ohio R.C. 2909.02
Arson, felony provisions generally, see Ohio R.C. 2909.03
Convicted arsonist to make restitution to public agency, see Ohio R.C. 2929.28
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