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ADOPTING ORDINANCE
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
CHAPTER 130: GENERAL PROVISIONS
CHAPTER 131: OFFENSES AGAINST PUBLIC PEACE
CHAPTER 132: OFFENSES AGAINST PUBLIC SAFETY
CHAPTER 133: OFFENSES AGAINST PUBLIC HEALTH
CHAPTER 134: OFFENSES AGAINST PROPERTY
CHAPTER 135: OFFENSES INVOLVING MORALS
CHAPTER 136: OFFENSES AGAINST THE PERSON
CHAPTER 137: OFFENSES INVOLVING MINORS
CHAPTER 138: GAMBLING
CHAPTER 139: DRUG OFFENSES
CHAPTER 140: MISCELLANEOUS
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 134.18 ARSON.
   (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) (Ord. 26-1983, passed 4-18-83) Penalty, see § 130.99
Statutory reference:
   Aggravated arson, felony provisions, see R.C. § 2909.02
   Arson, felony provisions, see generally R.C. § 2909.03
   Arson offender registration, see R.C. §§ 2909.13, 2909.14 and 2909.15
   Convicted arsonist to make restitution to public agency, see R.C. § 2929.28
§ 134.19 DETERMINING PROPERTY VALUE OR AMOUNT OF PHYSICAL HARM.
   (A)   The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of § 134.18:
      (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 § 134.15.
   (C)   Prima facie evidence of the value of property, as provided in § 134.15(E), may be used to establish the value of property pursuant to this section.
(R.C. § 2909.11(B) - (D))
§ 134.20 TAMPERING WITH RECORDS.
   (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 $1,000 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 $7,500 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.
(R.C. § 2913.42) Penalty, see § 130.99
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