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(a) No person shall receive, retain, transfer outside the City 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) When able to do so, the City may seize by lawful means any property obtained through the commission of a theft offense from a bona fide purchaser of such property, whether the property is within or without the City, and may return such property to its owner.
(d) A bona fide purchaser of property obtained through the commission of a theft offense from whom the City has seized such property by lawful means may be classified as a victim of receiving stolen property.
(e) Whoever violates subsection (a) of this section is guilty of receiving stolen property, a misdemeanor of the first degree, provided that the value of the property involved is less than one thousand dollars ($1,000). (Ord. 13-12. Passed 3-5-2012.)
(a) No person shall knowingly, without the utility's consent, with intent to violate subsection (b) hereof:
(1) Tamper with a gas, electric, steam or water meter, conduit or attachment of a utility;
(2) Reconnect a gas, electric, steam or water meter, conduit or attachment of a utility that has been disconnected by the utility.
In a prosecution under subsection (a)(1) hereof, proof that a meter, conduit or attachment of a utility has been tampered with is prima-facie evidence that the person who is obligated to pay for the service rendered through the meter, conduit or attachment, and who is in possession or control of the meter, conduit or attachment at the time the tampering occurred, has caused the tampering with intent to violate subsection (b) hereof.
In a prosecution under subsection (a)(2) hereof, proof that a meter, conduit or attachment disconnected by a utility has been reconnected without the consent of the utility is prima-facie evidence that the person in possession or control of the meter, conduit or attachment at the time of the reconnection has reconnected the meter, conduit or attachment with intent to violate subsection (b) hereof.
As used in this section, “utility” means any electric light company, gas company, natural gas company, pipe-line company, waterworks company or heating or cooling company, as defined in Ohio R.C. 4905.03(A)(4), (5), (6), (7), (8) or (9), its lessees, trustees or receivers, or any similar utility owned or operated by a political subdivision.
As used in this section, to “tamper” means to interfere with, damage or bypass a utility meter, conduit or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce the amount of utility service that is registered on such meter.
(ORC 4933.18)
(b) No person shall knowingly consume any gas, electricity, steam or water that has not been correctly registered because a meter, conduit or attachment of a utility has been tampered with, or knowingly use service that has been discontinued by a utility and reconnected without the utility's consent.
(c) Such utility shall notify its customers, on an annual basis, of the consequences of tampering with or bypassing a meter.
(ORC 4933.19)
(d) Whoever violates subsection (a) hereof is guilty of tampering with utility equipment, a misdemeanor of the first degree, provided the cost of the gas, electricity, steam or water stolen, plus the cost of repair or replacement of the meters, conduits or attachments damaged in violation of subsection (a)(l) or (a)(2) hereof is less than three hundred dollars ($300.00) and provided the offender has not previously been convicted of a violation of subsection (a) hereof. Whoever violates subsection (a) hereof shall make restitution to the utility for the cost of repair or replacement of the meters, conduits or attachments damaged and for the value of the gas, electricity, steam or water consumed. (ORC 4933.99(B))
(e) Whoever violates subsection (b) hereof is guilty of theft of utility service, a misdemeanor of the first degree, provided the value of the gas, electricity, steam or water is less than three hundred dollars ($300.00) and provided the offender has not previously been convicted of a violation of subsection (b) hereof. Whoever violates subsection (b) hereof shall make restitution to the utility for the value of the gas, electricity, steam or water consumed in violation of that subsection.
(ORC 4933.99(C))
(a) No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:
(1) Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess;
(2) Practice deception in making, retouching, editing or reproducing any photograph, movie film, video tape, phonograph record or recording tape;
(3) Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork, or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork or cap prescribed by the Liquor Control Commission under Ohio R.C. Chapters 4301 and 4303;
(4) Utter, or possess with purpose to utter, any object that the person knows to have been simulated as provided in subsection (a)(1), (2) or (3) of this section. (Ord. 53-02. Passed 4-15-2002.)
(b) Whoever violates this section is guilty of criminal simulation, a misdemeanor of the first degree, provided the loss to the victim is less than one thousand dollars ($1,000).
(Ord. 13-12. Passed 3-5-2012.)
(a) As used in this section, “personal identifying information” includes, but is not limited to, the following: the name, address, telephone number, driver’s license, driver’s license number, commercial driver’s license, commercial driver’s license number, state identification card, state identification card number, social security card, social security number, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password or credit card number of an individual.
(b) No person shall obtain, possess, or use any personal identifying information of another with the intent to fraudulently obtain credit, property or services or avoid the payment of a debt or any other legal obligation.
(c) No person shall create, obtain, possess, or use the personal identifying information of another with the intent to aid or abet another person in violating subsection (b) hereof.
(d) (1) If the violation of subsection (b) hereof occurs as part of a course of conduct involving other violations of subsection (b) hereof or violations of, attempts to violate, conspiracies to violate, or complicity in violations of subsection (c) hereof or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, 2921.13, the court, in determining the degree of the offense pursuant to subsection (e) hereof, may aggregate all credit, property, or services obtained or sought to be obtained by the offender and all debts or other legal obligations avoided or sought to be avoided by the offender in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.
(2) If the violation of subsection (c) hereof occurs as part of a course of conduct involving other violations of subsection (c) hereof, or violations of, attempts to violate, conspiracies to violate, or complicity in violations of subsection (b) hereof or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, 2921.13, the court in determining the degree of the offense pursuant to subsection (e) hereof, may aggregate all credit, property or services obtained or sought to be obtained by the person aided or abetted and all debts or other legal obligations avoided or sought to be avoided by the person aided or abetted in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim. (Ord. 54-02. Passed 4-15-2002.)
(e) Whoever violates this section is guilty of taking the identity of another, a misdemeanor of the first degree, provided the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is less than one thousand dollars ($1,000). (Ord. 13-12. Passed 3-5-2012.)
(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)