Loading...
§ 131.07 TAMPERING WITH COIN MACHINES.
   (A)   No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with, or insert any part of an instrument into any coin machine.
   (B)   Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or of any theft offense as defined in R.C. § 2913.01, tampering with coin machines is a felony to be prosecuted under appropriate state law.
(R.C. § 2911.32)
§ 131.08 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 theft. Except as otherwise provided in this division, a violation of this section is petty theft, a misdemeanor of the first degree. If any of the following criteria are met, then a violation of this section is a felony to be prosecuted under appropriate state law:
      (1)   If the value of the property or services is $1,000 or more;
      (2)   If the property stolen is any of the property listed in R.C. § 2913.71;
      (3)   If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member;
      (4)   If the property stolen is a firearm or dangerous ordnance;
      (5)   If the property stolen is a motor vehicle;
      (6)   If the property stolen is any dangerous drug, or if the offender previously has been convicted of a felony drug abuse offense;
      (7)   If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog;
      (8)   If the property stolen is anhydrous ammonia; or
      (9)   If the property stolen is a special purchase article as defined in R.C. § 4737.04 or is a bulk merchandise container as defined in R.C. § 4737.012.
   (C)   In addition to the penalties described in division (B) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:
      (1)   Unless division (C)(2) of this section applies, suspend for not more than six months the offenders driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege;
      (2)   If the offender’s driver’s license, probationary driver’s license, commercial driver’s license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (C)(1) of this section, or any other substantially equivalent state or local law, impose a class seven suspension of the offender’s license, permit, or privilege from the range specified in R.C. § 4510.02(A)(7), provided that the suspension shall be at least six months;
      (3)   The court, in lieu of suspending the offender’s driver’s or commercial driver’s license, probationary driver’s license, temporary instruction permit, or nonresident operating privilege pursuant to division (C)(1) or (C)(2) of this section, instead may require the offender to perform community service for a number of hours determined by the court.
   (D)   In addition to the penalties described in division (B) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to R.C. § 2929.18 or R.C. § 2929.28. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of R.C. § 2913.72.
   (E)   The sentencing court that suspends an offender’s license, permit, or nonresident operating privilege under division (C) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with R.C. Chapter 4510.
(R.C. § 2913.02)
Statutory reference:
   Felony theft provisions, see R.C. § 2913.02(B)
§ 131.09 UNAUTHORIZED USE OF A VEHICLE.
   (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)   No person shall knowingly use or operate an aircraft, motor vehicle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this state, or keep possession of it for more than 48 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 or she 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)   Whoever violates this section is guilty of unauthorized use of a vehicle.
      (1)   Except as otherwise provided in this division (D)(1), a violation of division (A) of this section is a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled adult and if the victim incurs a loss as a result of the violation, a violation of division (A) of this section is a felony to be prosecuted under appropriate state law.
      (2)   A violation of division (B) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.03)
Statutory reference:
   Theft offense involving a motor vehicle, offender to pay towing and storage fees, see R.C. § 2913.82
§ 131.10 UNAUTHORIZED USE OF PROPERTY, INCLUDING TELECOMMUNICATION PROPERTY AND COMPUTERS; POSSESSION OF MUNICIPAL 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)   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)   As used in this section:
   CABLE OPERATOR means any person or group of persons that does either of the following:
      (1)   Provides cable service over a cable system and directly through one or more affiliates owns a significant interest in that cable system;
      (2)   Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.
   CABLE SERVICE means any of the following:
      (1)   The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;
      (2)   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 (1) of this definition:
      (3)   Any cable television service.
   CABLE SYSTEM means 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:
      (1)   Any facility that serves only to retransmit the television signals of one or more television broadcast stations;
      (2)   Any facility that serves subscribers without using any public right-of-way;
      (3)   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);
      (4)   Any open video system that complies with 47 U.S.C. § 573;
      (5)   Any facility of any electric utility used solely for operating its electric utility system.
(R.C. § 2913.04)
   (K)   Possession of municipal property.
      (1)   No person shall, without being authorized, have in his or her control or possession any equipment, tools, implements or other property belonging to the municipality.
(R.C. § 5589.12)
      (2)   Whoever violates this division (K) is guilty of a minor misdemeanor.
(R.C. § 5589.99(B)) Penalty, see § 130.99
Statutory reference:
   Telecommunications: fraud and unlawful use of a device, felony offenses, see R.C. §§ 2913.05 and 2913.06
§ 131.11 PASSING BAD CHECKS.
   (A)   As used in this section:
   CHECK. Includes any form of debit from a demand deposit account, including but not limited to any of the following:
      (1)   A check, bill of exchange, draft, order of withdrawal, or similar negotiable or non-negotiable instrument;
      (2)   An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.
   ISSUE A CHECK. Causing any form of debit from a demand deposit account.
   (B)   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 or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.
   (C)   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 has 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 30 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.
   (D)   In determining the value of the payment for purposes of division (E) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of division (B) of this section within a period of 180 consecutive days.
   (E)   Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of $1,000 or more, or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of $1,500 or more, passing bad checks is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.11)
Loading...