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(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) No person, in any manner and by any means, including but not limited to computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service or information service or other person authorized to give consent.
(c) Except as permitted under R.C. § 5503.101, no person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to R.C. § 5503.10 without the consent of, or beyond the scope of the express or implied consent of, the chair of the Law Enforcement Automated Data System Steering Committee.
(d) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the Ohio law enforcement gateway established and operated pursuant to R.C. § 109.57(C)(1) without the consent of, or beyond the scope of the express or implied consent of, the Superintendent of the Bureau of Criminal Identification and Investigation.
(e) The affirmative defenses contained in R.C. § 2913.03(C) are affirmative defenses to a charge under this section.
(f) Whoever violates division (a) of this section is guilty of unauthorized use of property. Except as otherwise provided in this division, unauthorized use of property is a misdemeanor of the fourth degree.
(1) 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 whichever of the following is applicable:
A. Except as otherwise provided below, unauthorized use of property is a misdemeanor of the first degree.
B. If the value of the property or services or the loss to the victim is $1,000 or more, it is a felony to be prosecuted under appropriate state law.
(2) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is a felony to be prosecuted under appropriate state law.
(g) Whoever violates division (b) of this section is guilty of unauthorized use of computer, cable or telecommunication property, a felony to be prosecuted under appropriate state law.
(h) Whoever violates division (c) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony to be prosecuted under appropriate state law.
(i) Whoever violates division (d) of this section is guilty of unauthorized use of the Ohio law enforcement gateway, a felony to be prosecuted under appropriate state law.
(j) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Cable operator.” Any person or group of persons that does either of the following:
A. Provides cable service over a cable system and directly through one or more affiliates owns a significant interest in that cable system;
B. Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
(2) “Cable service.” Any of the following:
A. The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;
B. Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in division (f)(2)A. above;
C. Any cable television service.
(3) “Cable system.” Any facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. “Cable system” does not include any of the following:
A. Any facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. Any facility that serves subscribers without using any public right-of-way;
C. Any facility of a common carrier that, under 47 U.S.C. 522(7)(c), is excluded from the term “cable system” as defined in 47 U.S.C. 522(7);
D. Any open video system that complies with 47 U.S.C. 573;
E. Any facility of any electric utility used solely for operating its electric utility system.
(R.C. § 2913.04)
Statutory reference:
Telecommunications: fraud and unlawful use of a device, felony offenses, see R.C. §§ 2913.05 and 2913.06
(a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle or otherwise injure a vine, bush, shrub, sapling, tree or crop standing or growing on the land of another or upon public land.
(b) In addition to the penalty provided in division (c) of this section, whoever violates this section is liable in treble damages for the injury caused.
(R.C. § 901.51)
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 901.99(A))
(a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:
(1) Any public monument;
(2) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing or site of great historical or archeological interest;
(3) A place of worship, its furnishings or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located;
(4) A work of art or museum piece;
(5) Any other object of reverence or sacred devotion.
(b) As used in this section, “cemetery” means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
(c) Whoever violates this section is guilty of desecration. A violation of division (a)(1), (a)(2), (a)(4) or (a)(5) of this section is a misdemeanor of the second degree. A violation of division (a)(3) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2927.11)
(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 one thousand dollars ($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)
Statutory reference:
Aggravated arson, felony provisions, see R.C. § 2909.02
Arson, felony provisions generally, see R.C. § 2909.03
Convicted arsonist to make restitution to public agency, see R.C. § 2929.28
(a) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of § 642.06:
(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 R.C. § 2913.61.
(c) Prima facie evidence of the value of property, as provided in R.C. § 2913.61(D), may be used to establish the value of property pursuant to this section.
(R.C. § 2909.11(B) - (D))
(a) Criminal damaging or endangering.
(1) No person shall cause or create a substantial risk of physical harm to any property of another without the other person’s consent:
A. Knowingly, by any means; or
B. Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.
(2) Whoever violates this division (a) is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If violation of this division (a) creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation of this division (a) is an aircraft, an aircraft engine, propeller, appliance, spare part or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person, criminal damaging or endangering is a felony to be prosecuted under appropriate state law. If the property involved in a violation of this division (a) is an aircraft, an aircraft engine, propeller, appliance, spare part or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this division (a) is an occupied aircraft, criminal damaging or endangering is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.06)
(b) Vehicular vandalism.
(1) For the purpose of this division (b), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. “Alley,” “street,” and “vehicle.” Have the same meanings as in R.C. § 4511.01.
B. “Highway.” Any highway as defined in R.C. § 4511.01 or any lane, road, street, alley, bridge or overpass.
C. “Vessel” and “waters in this state.” Have the same meanings as in R.C. § 1546.01.
(2) No person shall knowingly, and by any means, drop or throw any object at, onto or in the path of any of the following:
A. Any vehicle on a highway;
B. Any boat or vessel on any of the waters in this state.
(3) Whoever violates this division (b) is guilty of vehicular vandalism. Except as otherwise provided in this division (b)(3), vehicular vandalism is a misdemeanor of the first degree. If the violation of this division (b) creates a substantial risk of physical harm to any person or the violation of this division (b) causes serious physical harm to property, vehicular vandalism is a felony to be prosecuted under appropriate state law. If the violation of this division (b) causes physical harm to any person or serious physical harm to any person, vehicular vandalism is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.09)
Statutory reference:
Disrupting public services, felony offense, see R.C. § 2909.04
Railroad grade crossing device vandalism, see R.C. § 2909.101
Railroad vandalism, see R.C. § 2909.10
Vandalism, felony offense, see R.C. § 2909.05
(a) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the either of the following:
A. The property of another;
B. One’s own residential real property with the purpose to decrease the value of or enjoyment of the residential real property, if both of the following apply:
1. The residential real property is subject to a mortgage.
2. The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that real property. As used in this division, “pending” includes the time between judgment entry and confirmation of sale.
(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator or other device releasing a substance that is harmful or offensive to persons exposed, or that tends to cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with a bench mark, triangulation station, boundary marker or other survey station, monument or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land;
(6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software or computer program, knowingly do any of the following:
A. In any manner or by any means, including but not limited to computer hacking, alter, damage, destroy or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software or computer program;
B. Introduce a computer contaminant into a computer, computer system, computer network, computer software or computer program.
(b) As used in this section, “safety device” means any fire extinguisher, fire hose or fire axe, or any fire escape, emergency exit or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal or gate, or any first aid or survival equipment, or any other device, apparatus or equipment intended for protecting or preserving the safety of persons or property.
(c) Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (c)(1) or (c)(2) of this section.
(1) Except as otherwise provided in this division, criminal mischief committed in violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section is a misdemeanor of the first degree. If the property involved in the violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (a)(1), (a)(2), (a)(3), (a)(4) or (a)(5) of this section is a felony to be prosecuted under appropriate state law.
(2) Except as otherwise provided in this division, criminal mischief committed in violation of division (a)(6) of this section is a misdemeanor of the first degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (a)(6) of this section or the loss to the victim resulting from the violation is $1,000 or more, or if the computer, computer system, computer network, computer software, computer program or data involved in the violation of division (a)(6) is used or intended to be used in the operation of an aircraft and the violation creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (a)(6) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.07)
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