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In a prosecution of a person for a theft offense that alleges that the person, with purpose to defraud or knowing that he or she was facilitating a fraud, hired or rented an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, kept or operated any of the same that has been hired or rented, or engaged accommodations at a hotel, motel, inn, campground, or other hostelry, it is prima facie evidence of purpose to defraud if the person did any of the following:
(a) Used deception to induce the rental agency to furnish the person with the aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or used deception to induce the hostelry to furnish the person with accommodations;
(b) Hired or rented any aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or engaged accommodations, knowing that he or she is without sufficient means to pay the hire or rental;
(c) Absconded without paying the hire or rental;
(d) Knowingly failed to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for the failure;
(e) Knowingly failed to return hired or rented property as required by the contract of hire or rental, without reasonable excuse for the failure.
(ORC 2913.41)
(a) No person, knowing that he or she has no privilege to do so, and with purpose to defraud or knowing that he or she is facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record;
(2) Utter any writing or record, knowing it to have been tampered with as provided in division (a)(1) of this section.
(b) Whoever violates this section is guilty of tampering with records.
(1) Except as provided in division (b)(3) of this section, if the offense does not involve data or computer software, tampering with records is whichever of the following is applicable:
A. If division (b)(1)B. of this section does not apply, it is a misdemeanor of the first degree.
B. If the writing or record is a will unrevoked at the time of the offense, it is a felony to be prosecuted under appropriate State law.
(2) Except as provided in division (b)(3) of this section, if the offense involves a violation of division (a) of this section involving data or computer software, tampering with records is whichever of the following is applicable:
A. Except as otherwise provided in division (b)(2)B. of this section, it is a misdemeanor of the first degree;
B. If the value of the data or computer software involved in the offense or the loss to the victim is five hundred dollars ($500.00) or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is five thousand dollars ($5,000.00) or more, it is a felony to be prosecuted under appropriate State law.
(3) If the writing, data, computer software, or record is kept by or belongs to a local, State, or Federal governmental entity, it is a felony to be prosecuted under appropriate State law.
(ORC 2913.42)
(a) No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.
(b) Whoever violates this section is guilty of securing writings by deception. Except as otherwise provided in this division, securing writings by deception is a misdemeanor of the first degree. If the value of the property or the obligation involved is five hundred dollars ($500.00) or more, securing writings by deception is a felony to be prosecuted under appropriate to State law. If the victim of the offense is an elderly person or disabled adult, securing writings by deception is a felony to be prosecuted under appropriate State law.
(ORC 2913.43)
(a) No person, with purpose to defraud or knowing that he or she is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator, or agent of any governmental agency.
(b) Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.
(ORC 2913.44)
(a) No person, with purpose to defraud one or more of his or her creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey, or otherwise deal with any of his or her property;
(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his or her affairs or estate, the existence, amount, or location of any of his or her property, or any other information regarding the property which he or she is legally required to furnish to the fiduciary.
(b) Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is five hundred dollars ($500.00) or more, defrauding creditors is a felony to be prosecuted under appropriate State law.
(ORC 2913.45)
(a) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.
(b) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.
(c) Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division, receiving stolen property is 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) The value of the property involved is five hundred dollars ($500.00) or more;
(2) The property involved is any of the property listed in Ohio R.C. 2913.71;
(3) The property involved is a firearm or dangerous ordnance, as defined in Ohio R.C. 2923.11;
(4) The property involved is a motor vehicle as defined in Ohio R.C. 4501.01; or
(5) The property involved is any dangerous drug, as defined in Ohio R.C. 4729.01.
(ORC 2913.51)
(a) No person shall, without being authorized, have in his or her control or possession any equipment, tools, implements or other property belonging to the Municipality.
(ORC 5589.12)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 5589.99(B))
(a) If more than one item of property or services is involved in a theft offense or in a violation of Ohio R.C. 1716.14(A) involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property or services involved in the offense.
(b) (1) When a series of offenses under Ohio R.C. 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio R.C. 2913.31 or 2913.43 involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all offenses in the series.
(2) If an offender commits a series of offenses under Ohio R.C. 2913.02 that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of Ohio R.C. 1716.14(A), Ohio R.C. 2913.02, 2913.03, or 2913.04, Ohio R.C. 2913.21(B)(1) or (B)(2), or Ohio R.C. 2913.31 or 2913.43, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the course of conduct.
(3) When a series of two or more offenses under Ohio R.C. 2921.41 is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by Ohio R.C. 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.
(4) In prosecuting a single offense under division (b)(1), (b)(2) or (b)(3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of Ohio R.C. 2921.41 in the offender’s same employment, capacity, or relationship to another as described in division (b)(1) or (b)(3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (b)(2) of this section.
(c) 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 that has intrinsic worth to its owner and that either is 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 division (c)(1) of this section, 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 real or personal property that is not covered under division (c)(1) or (2) of this section, and the value of services, is the fair market value of the 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.
(d) 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 the 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 marked quotation prior to the offense, is prima facie evidence of the value of the 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 the livestock, poultry, or products.
(4) When the property involved is a negotiable instrument, the face value is prima facie evidence of the value of the 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 by the instrument is prima facie evidence of the value of the 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 the 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 the 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 the notice is prima facie evidence of the value of the services.
(ORC 2913.61(B) - (E))
(a) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of Section 541.09:
(1) If the property is an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.
(2) If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.
(3) If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
(b) As used in this section, "fair market value" has the same meaning as in Ohio R.C. 2913.61.
(c) Prima facie evidence of the value of property, as provided in Ohio R.C. 2913.61(D), may be used to establish the value of property pursuant to this section.
(ORC 2909.11(B) - (D))
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