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Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
CHAPTER 130: GENERAL PROVISIONS
CHAPTER 131: OFFENSES AGAINST PROPERTY
§ 131.01 DEFINITIONS.
§ 131.02 ARSON; DETERMINING PROPERTY VALUE OR AMOUNT OF PHYSICAL HARM.
§ 131.03 CRIMINAL DAMAGING OR ENDANGERING; VEHICULAR VANDALISM.
§ 131.04 CRIMINAL MISCHIEF.
§ 131.05 DAMAGING OR ENDANGERING AIRCRAFT OR AIRPORT OPERATIONS.
§ 131.06 CRIMINAL TRESPASS; AGGRAVATED TRESPASS.
§ 131.07 TAMPERING WITH COIN MACHINES.
§ 131.08 THEFT.
§ 131.09 UNAUTHORIZED USE OF A VEHICLE.
§ 131.10 UNAUTHORIZED USE OF PROPERTY, INCLUDING TELECOMMUNICATION PROPERTY AND COMPUTERS; POSSESSION OF MUNICIPAL PROPERTY.
§ 131.11 PASSING BAD CHECKS.
§ 131.12 MISUSE OF CREDIT CARDS.
§ 131.13 MAKING OR USING SLUGS.
§ 131.14 PRIMA FACIE EVIDENCE OF PURPOSE TO DEFRAUD.
§ 131.15 TAMPERING WITH RECORDS.
§ 131.16 SECURING WRITINGS BY DECEPTION.
§ 131.17 DEFRAUDING CREDITORS.
§ 131.18 RECEIVING STOLEN PROPERTY.
§ 131.19 VALUE OF STOLEN PROPERTY.
§ 131.20 DEGREE OF OFFENSE WHEN CERTAIN PROPERTY INVOLVED.
§ 131.21 INJURING VINES, BUSHES, TREES, OR CROPS.
§ 131.22 DETENTION AND ARREST OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
§ 131.23 INSURANCE FRAUD; WORKERS' COMPENSATION FRAUD; MEDICAID FRAUD.
§ 131.24 INJURY TO PROPERTY BY HUNTERS.
§ 131.25 EVIDENCE OF INTENT TO COMMIT THEFT OF RENTED PROPERTY; EVIDENCE OF LACK OF CAPACITY TO CONSENT.
§ 131.26 FORGERY OF IDENTIFICATION CARDS.
§ 131.27 CRIMINAL SIMULATION.
§ 131.28 PERSONATING AN OFFICER.
§ 131.29 TRADEMARK COUNTERFEITING.
§ 131.30 DIMINISHING OR INTERFERING WITH FORFEITABLE PROPERTY.
§ 131.31 RECORDING CREDIT CARD, TELEPHONE OR SOCIAL SECURITY NUMBERS.
§ 131.32 PROSECUTIONS FOR THEFT OF UTILITIES.
§ 131.33 MOTION PICTURE PIRACY.
§ 131.34 RAILROAD VANDALISM; CRIMINAL TRESPASS; INTERFERENCE WITH OPERATION OF TRAIN; GRADE CROSSING DEVICE VANDALISM.
§ 131.35 DESECRATION.
CHAPTER 132: OFFENSES AGAINST PUBLIC PEACE
CHAPTER 133: SEX OFFENSES
CHAPTER 134: GAMBLING OFFENSES
CHAPTER 135: OFFENSES AGAINST PERSONS
CHAPTER 136: OFFENSES AGAINST JUSTICE AND ADMINISTRATION
CHAPTER 137: RESERVED
CHAPTER 138: DRUG OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 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)
§ 131.12 MISUSE OF CREDIT CARDS.
   (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;
      (3)   As an officer, employee, or appointee of a political subdivision or as a public servant as defined under R.C. § 2921.01, knowingly misuse a credit card account held by a political subdivision.
   (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 the 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 the 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 the representation is false.
   (C)   No person, with purpose to violate this section, shall receive, possess, control, or dispose of a credit card.
   (D)   Whoever violates this section is guilty of misuse of credit cards.
      (1)   Except as otherwise provided in division (D)(3) of this section, a violation of division (A), (B)(1), or (C) of this section is a misdemeanor of the first degree.
      (2)   Except as otherwise provided in this division or division (D)(3) of this section, a violation of division (B)(2), (3), or (4) of this section is a misdemeanor of the first degree. If the cumulative retail value of the property and services involved in one or more violations of division (B)(2), (3), or (4) of this section which violations involve one or more credit card accounts and occur within a period of 90 consecutive days commencing on the date of the first violation, is $1,000 or more, misuse of credit cards is a felony to be prosecuted under appropriate state law.
      (3)   If the victim of the offense is an elderly person or disabled adult, and if the offense involves a violation of division (B)(1) or (B)(2) of this section, misuse of credit cards is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.21)
§ 131.13 MAKING OR USING SLUGS.
   (A)   No person shall do any of the following:
      (1)   Insert or deposit a slug in a coin machine, with purpose to defraud;
      (2)   Make, possess, or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin machine.
   (B)   Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.
(R.C. § 2913.33)
§ 131.14 PRIMA FACIE EVIDENCE OF PURPOSE TO DEFRAUD.
   In a prosecution of a person for a theft offense that alleges that the person, with purpose to defraud or knowing that he or she was facilitating a fraud, hired or rented an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, kept or operated any of the same that has been hired or rented, or engaged accommodations at a hotel, motel, inn, campground, or other hostelry, it is prima facie evidence of purpose to defraud if the person did any of the following:
   (A)   Used deception to induce the rental agency to furnish the person with the aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or used deception to induce the hostelry to furnish the person with accommodations;
   (B)   Hired or rented any aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or engaged accommodations, knowing that he or she is without sufficient means to pay the hire or rental;
   (C)   Absconded without paying the hire or rental;
   (D)   Knowingly failed to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for the failure;
   (E)   Knowingly failed to return hired or rented property as required by the contract of hire or rental, without reasonable excuse for the failure.
(R.C. § 2913.41)
§ 131.15 TAMPERING WITH RECORDS.
   (A)   No person, knowing that he or she has no privilege to do so, and with purpose to defraud or knowing that he or she is facilitating a fraud, shall do any of the following:
      (1)   Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record;
      (2)   Utter any writing or record, knowing it to have been tampered with as provided in division (A)(1) of this section.
   (B)   Whoever violates this section is guilty of tampering with records.
      (1)   Except as provided in division (B)(3) of this section, if the offense does not involve data or computer software, tampering with records is whichever of the following is applicable:
         (a)   If division (B)(1)(b) of this section does not apply, it is a misdemeanor of the first degree.
         (b)   If the writing or record is a will unrevoked at the time of the offense, it is a felony to be prosecuted under appropriate state law.
      (2)   Except as provided in division (B)(3) of this section, if the offense involves a violation of division (A) of this section involving data or computer software, tampering with records is whichever of the following is applicable:
         (a)   Except as otherwise provided in division (B)(2)(b) of this section, it is a misdemeanor of the first degree;
         (b)   If the value of the data or computer software involved in the offense or the loss to the victim is $1,000 or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is $7,500 or more, it is a felony to be prosecuted under appropriate state law.
      (3)   If the writing, data, computer software, or record is kept by or belongs to a local, state, or federal governmental entity, it is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.42)
§ 131.16 SECURING WRITINGS BY DECEPTION.
   (A)   No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.
   (B)   Whoever violates this section is guilty of securing writings by deception. Except as otherwise provided in this division, securing writings by deception is a misdemeanor of the first degree. If the value of the property or the obligation involved is $1,000 or more, securing writings by deception is a felony to be prosecuted under appropriate state law. If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, securing writings by deception is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.43)
§ 131.17 DEFRAUDING CREDITORS.
   (A)   No person, with purpose to defraud one or more of his or her creditors, shall do any of the following:
      (1)   Remove, conceal, destroy, encumber, convey, or otherwise deal with any of his or her property;
      (2)   Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his or her affairs or estate, the existence, amount, or location of any of his or her property, or any other information regarding the property which he or she is legally required to furnish to the fiduciary.
   (B)   Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is $1,000 or more, defrauding creditors is a felony to be prosecuted under appropriate state law.
(R.C. § 2913.45)
§ 131.18 RECEIVING STOLEN PROPERTY.
   (A)   No person shall receive, retain, 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)   Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division, receiving stolen property is 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)   The value of the property involved is $1,000 or more;
      (2)   The property involved is any of the property listed in R.C. § 2913.71;
      (3)   The property involved is a firearm or dangerous ordnance, as defined in R.C. § 2923.11;
      (4)   The property involved is a motor vehicle as defined in R.C. § 4501.01;
      (5)   The property involved is any dangerous drug, as defined in R.C. § 4729.01; or
      (6)   The property involved in violation of this section is a special purchase article as defined in R.C. § 4737.04 or a bulk merchandise container as defined in R.C. § 4737.012.
(R.C. § 2913.51)
§ 131.19 VALUE OF STOLEN PROPERTY.
   (A)   If more than one item of property or services is involved in a theft offense or in a violation of R.C. § 1716.14(A) involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance, the value of the property or services involved for the purpose of determining the value as required by R.C. § 2913.61(A) is the aggregate value of all property or services involved in the offense.
   (B)   (1)   When a series of offenses under R.C. § 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 1716,14(A), R.C. § 2913.02, 2913.03, or 2913.04, R.C. § 2913.21 (B)(1) or (B)(2), or R.C. § 2913.31 or 2913.43 involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. When a series of offenses under R.C. § 2913.02, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 2913.02 or 2913.43 involving a victim who is an active duty service member or spouse of an active duty service member, or any substantially equivalent municipal ordinance to any of these offenses, is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value as required by R.C. § 2913.61(A) is the aggregate value of all property and services involved in all offenses in the series.
      (2)   If an offender commits a series of offenses under R.C. § 2913.02 that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 1716.14(A), R.C. § 2913.02, 2913.03, or 2913.04, R.C. § 2913.21 (B)(1) or (B)(2), or R.C. § 2913.31 or 2913.43, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, or any substantially equivalent municipal ordinance to any of these offenses, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of R.C. § 2913.02 or 2913.43, or any substantially equivalent municipal ordinance to any of these offenses, whether committed against one victim or more than one victim, involving a victim who is an active duty service member or spouse of an active duty service member pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by R.C. § 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the course of conduct.
      (3)   When a series of two or more offenses under R.C. § 2913.40, 2913.48, or 2921.41 is committed by the offender in the offender’s same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by R.C. § 2913.61(A) is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.
      (4)   In prosecuting a single offense under division (B)(1), (B)(2) or (B)(3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of R.C. § 2913.40, 2913.48, or 2921.41 in the offender’s same employment, capacity, or relationship to another as described in division (B)(1) or (B)(3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (B)(2) of this section. While it is not necessary to separately allege and prove each offense in the series in order to prosecute a single offense under division (B)(1), (B)(2), or (B)(3) of this section, it remains necessary in prosecuting them as a single offense to prove the aggregate value of the property or services in order to meet the requisite statutory offense level sought by the prosecution.
   (C)   The following criteria shall be used in determining the value of property or services involved in a theft offense:
      (1)   The value of an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record, or other thing that has intrinsic worth to its owner and that either is irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, is the amount which would compensate the owner for its loss.
      (2)   The value of personal effects and household goods, and of materials, supplies, equipment, and fixtures used in the profession, business, trade, occupation, or avocation of its owner, which property is not covered under division (C)(1) of this section, and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing such property with new property of like kind and quality.
      (3)   The value of any real or personal property that is not covered under division (C)(1) or (2) of this section, and the value of services, is the fair market value of the property or services. As used in this section, FAIR MARKET VALUE is the money consideration which a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and the seller is willing to sell, that both are fully informed as to all facts material to the transaction, and that neither is under any compulsion to act.
   (D)   Without limitation on the evidence which may be used to establish the value of property or services involved in a theft offense:
      (1)   When the property involved is personal property held for sale at wholesale or retail, the price at which the property was held for sale is prima facie evidence of its value.
      (2)   When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest marked quotation prior to the offense, is prima facie evidence of the value of the security or commodity.
      (3)   When the property involved is livestock, poultry, or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima facie evidence of the value of the livestock, poultry, or products.
      (4)   When the property involved is a negotiable instrument, the face value is prima facie evidence of the value of the instrument.
      (5)   When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check, or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property, is prima facie evidence of the value of the instrument.
      (6)   When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services which may be received by the instrument is prima facie evidence of the value of the instrument.
      (7)   When the services involved are gas, electricity, water, telephone, transportation, shipping, or other services for which the rate is established by law, the duly established rate is prima facie evidence of the value of the services.
      (8)   When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for the services, either in writing, or orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in the notice is prima facie evidence of the value of the services.
(R.C. § 2913.61(B) - (E))
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