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(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 petty 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 five hundred dollars ($500.00) 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 or disabled adult;
(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; or
(8) If the property stolen is anhydrous ammonia.
(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.
(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 R.C. § 2929.18 or 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 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)
(a) A credit card;
(b) A printed form for a check or other negotiable instrument, that 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 that has not been executed by the drawer or maker or on which the amount is blank;
(c) A motor vehicle identification license plate as prescribed by Ohio R.C. 4503.22, a temporary license placard or windshield sticker as prescribed by Ohio R.C. 4503.182, or any comparable license plate, placard, or sticker as prescribed by the applicable law of another state or the United States;
(d) A blank form for a certificate of title or a manufacturer’s or importer’s certificate to a motor vehicle, as prescribed by Ohio R.C. 4505.07;
(e) A blank form for any license listed in Ohio R.C. 4507.01.
(ORC 2913.71)
(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:
(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 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. 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.
(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 divisions (a) through (c) of 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)
(e) No person shall knowingly enter in or upon a motor vehicle, motorcycle or other motor-propelled vehicle without the consent of the owner thereof or of a person authorized to give consent.
(f) Whoever violates division (e) of this section is guilty of vehicle trespass, a minor misdemeanor, and shall be subject to the penalty provided in Section 599.02.
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) 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 five hundred dollars ($500.00) 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.
(g) 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.
(h) 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.
(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.
(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 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, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:
(1) The flag of the United States or of this State;
(2) Any public monument;
(3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing or site of great historical or archeological interest;
(4) A place of worship, its furnishings, or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located;
(5) A work of art or museum piece;
(6) Any other object of reverence or sacred devotion.
(b) As used in this section, "cemetery" means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
(c) Whoever violates this section is guilty of desecration. A violation of division (a)(1), (2), (3), (5) or (6) of this section is a misdemeanor of the second degree. A violation of division (a)(4) of this section is a felony to be prosecuted under appropriate State law.
(a) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:
(1) The police dog or horse is assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted.
(2) The police dog or horse is not assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.
(b) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a police dog or horse;
(2) Throw an object or substance at a police dog or horse;
(3) Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:
A. Inhibits or restricts the law enforcement officer’s control of the police dog or horse;
B. Deprives the law enforcement officer of control of the police dog or horse;
C. Releases the police dog or horse from its area of control;
D. Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
E. Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer;
(4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse.
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer’s duties or that the person knows is a police dog or horse.
(c) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
(1) The assistance dog is assisting a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.
(2) The assistance dog is not assisting a blind, deaf, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.
(d) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike an assistance dog;
(2) Throw an object or substance at an assistance dog;
(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:
A. Inhibits or restricts the assisted or served person’s control of the dog;
B. Deprives the assisted or served person of control of the dog;
C. Releases the assistance dog from its area of control;
D. Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
E. Inhibits or restricts the ability of the dog to assist the assisted or served person;
(4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.
(e) (1) Whoever violates division (a) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation results in serious physical harm to the police dog or horse or results in its death, assaulting a police dog or horse is a felony to be prosecuted under appropriate State law.
(2) Whoever violates division (b) of this section is guilty of harassing a police dog or horse. Except as otherwise provided this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree. If the violation results in serous physical harm to the police dog or horse or results in its death, harassing a police dog or horse is a felony to be prosecuted under appropriate State law.
(3) Whoever violates division (c) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the dog or results in its death, assaulting an assistance dog is a felony to be prosecuted under appropriate State law.
(4) Whoever violates division (d) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog but does not result in the death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, harassing an assistance dog is a felony to be prosecuted under appropriate State law.
(5) In addition to any other sanctions or penalty imposed for the offense under this section, Ohio R.C. Chapter 2929 or any other provision of the Ohio Revised Code or this code, whoever violates division (a), (b), (c), or (d) of this section is responsible for the payment of all of the following:
A. Any veterinary bill or bill for medication incurred as a result of the violation by the Police Department regarding a violation of division (a) or (b) of this section or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of division (c) or (d) of this section;
B. The cost of any damaged equipment that results from the violation;
C. If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog;
D. If the violation resulted in the death of the police dog or horse or the assistance dog that was the subject of the violation or resulted in serious physical harm to that dog or horse to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
(f) This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.
(g) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or assistance dog.
(h) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Assistance dog", "blind" and "mobility impaired person" have the same meaning as in Ohio R.C. 955.011.
(2) "Physical harm" means any injury, illness, or other psychological impairment, regardless of its gravity or duration.
(3) "Police dog or horse" means a dog or horse that has been trained and may be used to assist law enforcement officers in the performance of their official duties.
(4) "Serious physical harm" means any of the following:
A. Any physical harm that carries a substantial risk of death.
B. Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming.
C. Any physical harm that causes acute pain of a duration that results in substantial suffering.
(ORC 2921.321)
(a) No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any property of another without the other person’s consent.
(b) Whoever violates this section is guilty of arson. Except as otherwise provided in this division, violation of this section is a misdemeanor of the first degree. If the value of the property or the amount of physical harm involved is five hundred dollars ($500.00) or more, then the violation is a felony to be prosecuted under appropriate State law.
(ORC 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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