No person shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her control to be driven by any person if any of the following apply.
(A) The offender knows or has reasonable cause to believe that the other person does not have a valid driver’s license or permit or valid nonresident driving privileges.
(B) The offender knows or has reasonable cause to believe that the other person’s driver’s or commercial driver’s license or permit or nonresident operating privileges have been suspended or canceled under any provision of the Ohio Revised Code.
(C) The offender knows or has reasonable cause to believe that the other person’s act of driving the motor vehicle would violate any prohibition contained in R.C. Chapter 4509.
(D) The offender knows or has reasonable cause to believe that the other person’s act of driving would violate R.C. § 4511.09 or any substantially equivalent municipal ordinance.
(E) Without limiting or precluding the consideration of any other evidence in determining whether a violation of division (A) through (D) above has occurred, it shall be prima-facie evidence that the offender knows or has reasonable cause to believe that the operator of the motor vehicle owned by the offender or under the offender’s control is in a category described in division (A) through (D) above if any of the following applies.
(1) Regarding an operator allegedly in the category described in division (A) or (D) above, the offender and the operator of the motor vehicle reside in the same household and are related by consanguinity or affinity.
(2) Regarding an operator allegedly in the category described in division (B) above, the offender and the operator of the motor vehicle reside in the same household, and the offender knows or has reasonable cause to believe that the operator has been charged with or convicted of any violation of law or ordinance, or has committed any other act or omission, that would or could result in the suspension or cancellation of the operator’s license, permit or privilege.
(3) Regarding an operator allegedly in the category described in division (D) above, the offender and the operator of the motor vehicle occupied the motor vehicle together at the time of the offense.
(F) (1) Whoever violated this section is guilty of wrongful entrustment of a motor vehicle, a misdemeanor of the first degree. In addition to the penalties imposed under R.C. Chapter 2929, the Court shall impose a class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license or non-resident operating privilege from the range specified in R.C. § 4510.02(A)(7), and if the vehicle involved in the offense is registered in the name of the offender, the court shall order one of the following.
(a) Except as otherwise provided in division (F)(2) or (F)(3) below, the Court shall order, for 30 days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates, the order shall be issued and enforced under R.C. § 4503.233.
(b) If the offender previously has been convicted of or pleaded guilty to one violation of this section or substantially equivalent municipal ordinance, the court shall order, for 60 days, the immobilization of the vehicle involved in the offense and the impoundment of that vehicle’s license plates, the order shall be issued and enforced under R.C. § 4503.233.
(c) If the offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, the Court shall order the criminal forfeiture to the State of the vehicle involved in the offense. The order shall be issued and enforced under R.C. § 4503.234.
(2) If a title to a motor vehicle that is subject to an order for criminal forfeiture under this division is assigned or transferred and R.C. § 4503.234(B)(2) or (B)(3) applies, in addition to or independent of any other penalty established by law, the court may fine the National Auto Dealer’s Association. The proceeds from any fine imposed under this division shall be distributed in accordance with R.C. § 4503.24(C)(2).
(Prior Code, § 7.03.23)