545.03 PROPERTY EXCEPTIONS AS FELONY OFFENSE.

   Regardless of the value of the property involved, and regardless of whether the offender has previously been convicted of a theft offense, a violation of Section 545.05 or 545.18 is not a misdemeanor if the property involved is any of the following:

   (a)   A credit card;

   (b)   A printed form for a check or other negotiable instrument, which 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 which 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 RC. 4505.07;

   (e)   A blank form for any license listed in Ohio RC. 4507.01.

(Ord. 29-19. Passed 11-18-19)

545.04 DETENTION OF SHOPLIFTERS; RIGHTS OF MUSEUMS AND LIBRARIES.

   (a)   A merchant, or his employee or agent, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in subsection (c) hereof, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

   (b)   Any officer, employee or agent of a library, museum or archival institution may, for the purposes set forth in subsection (c) hereof or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in subsections (b)(l) and (2) hereof, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of the library, museum or archival institution, if the officer, employee or agent has probable cause to believe that the person has either:

      (1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed or otherwise improperly tampered with property owned by or in the custody of the library, museum or archival institution; or

      (2)   With purpose to deprive the library, museum or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.

   (c)   An officer, agent or employee of a library, museum or archival institution pursuant to subsection (b) hereof or a merchant or his employee or agent pursuant to subsection (a) hereof may detain another person for any of the following purposes:

      (1)   To recover the property that is the subject of the unlawful taking, criminal mischief or theft;

      (2)   To cause an arrest to be made by a peace officer;

      (3)   To obtain a warrant of arrest.

   (d)   The officer, agent or employee of the library, museum or archival institution, or the merchant or his employee or agent acting under subsections (a) or (b) hereof shall not search the person, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.

   (e)   Any peace officer may arrest without a warrant any person that he has probable cause to believe has committed any act described in subsections (b)(1) or (2) hereof or that he has probable cause to believe has committed an unlawful taking in a mercantile establishment. An arrest under this subsection shall be made within a reasonable time after the commission of the act or unlawful taking.

   (f)   As used in this section:

      (1)   “Archival institution” means any public or private building, structure or shelter in which are stored historical documents, devices, records, manuscripts or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for or knowledge concerning the materials.

      (2)   “Museum” means any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.

         (ORC 2935.041)

545.05 PETTY THEFT.

   (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 petty theft, a misdemeanor of the first degree provided the value of the property or services stolen is less than one thousand dollars ($1,000). (Ord. 13-12. Passed 3-5-2012.)

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 he 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 offender has not previously been convicted of a violation of this section, Ohio R.C. 2913.03 or of any other theft offense.

(ORC 2913.03)

   (f)   Whoever violates subsection (d) hereof is guilty of vehicle trespass, a minor misdemeanor.

545.07 INSURANCE FRAUD.

   (a)   As used in this section:

      (1)   “Data” has the same meaning as in Section 545.01 and additionally includes any other representation of information, knowledge, facts, concepts or instructions that are being or have been prepared in a formalized manner.

      (2)   “Deceptive” means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information or by any other conduct, act or omission creates, confirms or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind or other objective or subjective fact.

      (3)   “Insurer” means any person that is authorized to engage in the business of insurance in this State under Chapter 39 of the Ohio Revised Code; the Ohio Fair Plan Underwriting Association created under Ohio R.C. 3929.43; any health insuring corporation; and any legal entity that is self- insured and provides benefits to its employees or members.

      (4)   “Policy” means a policy, certificate, contract or plan that is issued by an insurer.

      (5)   “Statement” includes, but is not limited to, any notice, letter or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical or dental chart or other record; X-ray, photograph, videotape or movie film; test result; other evidence of loss, injury or expense; computer-generated document; and data in any form.

   (b)   No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do either of the following:

      (1)   Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive;

      (2)   Assist, aid, abet, solicit, procure or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive.

         (Ord. 46-02. Passed 4-15-2002.)

   (c)   Whoever violates this section is guilty of insurance fraud, a misdemeanor of the first degree, provided that the amount of the claim that is false or deceptive is less than one thousand dollars ($1,000).

(Ord. 13-12. Passed 3-5-2012.)

545.08 UNAUTHORIZED USE OF PROPERTY.

   (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)   The affirmative defenses contained in Section 545.06(c) are affirmative defenses to a charge under this section.

   (c)   Whoever violates this section is guilty of unauthorized use of property. Except as provided in subsection (d) hereof, unauthorized use of property is a misdemeanor of the fourth degree.

   (d)   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 a misdemeanor of the first degree.

(Ord. 47-02. Passed 9-3-2002.)

545.09 PASSING BAD CHECKS.

   (a)   No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored.

   (b)   For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs:

      (1)   The drawer had no account with the drawee at the time of issue or the stated date, whichever is later.

      (2)   The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, indorser or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.

   (c)   For purposes of this section, a person who issues or transfers a check, bill of exchange or other draft is presumed to have the purpose to defraud if the drawer fails to comply with Ohio R.C. 1349.16 by doing any of the following when opening a checking account intended for personal, family or household purposes at a financial institution.

      (1)   Falsely stating that he or she has not been issued a valid driver's or commercial driver's license or identification card issued under Ohio R.C. 4507.50;

      (2)   Furnishing such license or card or another identification document that contains false information; or

      (3)   Making a false statement with respect to his or her current address or any additional relevant information reasonably required by the financial institution. (A.O.)

   (d)   Whoever violates this section is guilty of passing bad checks, a misdemeanor of the first degree, provided the check or other negotiable instrument is for payment of less than one thousand dollars ($1,000).

(Ord. 13-12. Passed 3-5-2012.)