545.06 UNAUTHORIZED USE OF A VEHICLE; VEHICLE TRESPASS.

   (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)   This section does not apply to property removed from the State or if possession is kept for more than forty-eight 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 the actor 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)   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.

   (e)   Whoever violates subsection (a) hereof is guilty of unauthorized use of a vehicle, 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 subsection (a) hereof is a felony and shall be prosecuted under appropriate State law.

(ORC 2913.03)

   (f)   Whoever violates subsection (d) hereof is guilty of vehicle trespass, a misdemeanor of the fourth degree.
(Ord. 87-05. Passed 5-9-05.)