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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 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.)
(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.
(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.)
(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.)
(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.)
(a) No person shall knowingly do either of the following:
(1) Forge an identification card;
(2) Sell or otherwise distribute a card that purports to be an identification card, knowing it to have been forged.
As used in this section, “identification card” means a card that includes personal information or characteristics of an individual, a purpose of which is to establish the identity of the bearer described on the card, whether or not the words “identity,” “identification,” “identification card” or other similar words appear on the card.
(b) Whoever violates this section is guilty of forging identification cards or selling or distributing forged identification cards, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree and, in addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars ($250.00)
(ORC 2913.31)
(a) No person shall do any of the following:
(1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;
(2) Knowingly buy or sell a credit card from or to a person other than the issuer.
(b) No person, with purpose to defraud, shall do any of the following:
(1) Obtain control over a credit card as security for a debt;
(2) Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that such card has expired or been revoked, or was obtained, is retained, or is being used, in violation of law;
(3) Furnish property or services upon presentation of a credit card, knowing that such card is being used in violation of law;
(4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that such representation is false.
(c) No person, with purpose to violate this section, shall receive, possess, control or dispose of a credit card. (A.O.)
(d) Whoever violates any of the provisions of this section is guilty of misuse of credit cards, a misdemeanor of the first degree, provided that the cumulative retail value of the property and services involved in one or more violations, involving one or more credit cards and occurring within a period of ninety days, is less than one thousand dollars ($1,000). (Ord. 13-12. Passed 3-15-2012.)
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