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(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) As used in this division (b):
A. “Alley,” “street,” and “vehicle” have the same meanings as in Ohio R.C. 4511.01.
B. “Highway” means any highway as defined in Ohio 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 Ohio 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.
(ORC 2909.09)
Statutory reference:
Disrupting public services, felony offense, see Ohio R.C. 2909.04
Railroad grade crossing device vandalism, see Ohio R.C. 2909.101
Railroad vandalism, see Ohio R.C. 2909.10
Vandalism, felony offense, see Ohio 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:
(7) Without privilege to do so, knowingly destroy or improperly tamper with a critical infrastructure facility.
(b) As used in this section:
(1) “Critical infrastructure facility.” Has the same meaning as in R.C. § 2911.21.
(2) “Improperly tamper.” Means to change the physical location or the physical condition of the property.
(3) “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) (1) Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (c)(2), (c)(3), or (c)(4) of this section.
(2) 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.
(3) 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.
(4) Criminal mischief committed in violation of division (a)(7) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.07)
(a) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
(b) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(c) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when the authorization was secured by deception.
(d) (1) Whoever violates division (a) of this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(2) Notwithstanding R.C. § 2929.28, if the person, in committing the violation of this section, used a snowmobile, off-highway motorcycle or all-purpose vehicle, the court shall impose a fine of two times the usual amount imposed for the violation.
(3) If an offender previously has been convicted of or pleaded guilty to two or more violations of this section, R.C. § 2911.21 or a substantially equivalent municipal ordinance, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle or all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all-purpose vehicle for not less than 60 days. In such a case, R.C. § 4519.47 applies
(e) Notwithstanding any provision of the Ohio Revised Code, if the offender, in committing the violation of this section, used an all-purpose vehicle, the Clerk of the Court shall pay the fine imposed pursuant to this section to the State Recreational Vehicle Fund created by R.C. § 4519.11.
(f) As used in divisions (a) through (e) of this section:
(1) “All-purpose vehicle”, “off-highway motorcycle”, and “snowmobile”. Have the same meanings as in R.C. § 4519.01.
(2) “Critical infrastructure facility.” Means:
A. One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with signs that are reasonably likely to come to the attention of potential intruders and that indicate entry is forbidden without site authorization:
1. A petroleum or alumina refinery;
2. An electric generating facility, substation, switching station, electrical control center, or electric transmission and distribution lines and associated equipment;
3. A chemical, polymer, or rubber manufacturing facility;
4. A water intake structure, water treatment facility, waste water facility, drainage facility, water management facility, or any similar water or sewage treatment system and its water and sewage piping;
5. A natural gas company facility or interstate natural gas pipeline, including a pipeline interconnection, a natural gas compressor station and associated facilities, city gate or town border station, metering station, above-ground piping, regulator station, valve site, delivery station, fabricated assembly, or any other part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;
6. A telecommunications central switching office or remote switching facility or an equivalent network facility that serves a similar purpose;
7. Wireline or wireless telecommunications infrastructure, including telecommunications towers and telephone poles and lines, including fiber optic lines;
8. A port, trucking terminal, or other freight transportation facility;
9. A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;
10. A transmission facility used by a federally licensed radio or television station;
11. A steel-making facility that uses an electric arc furnace to make steel;
12. A facility identified and regulated by the United States Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards Program under 6 C.F.R. part 27;
13. A dam that is regulated by the state or federal government;
14. A crude oil or refined products storage and distribution facility, including valve sites, pipeline interconnections, pump station, metering station, below- or above-ground pipeline, or piping and truck loading or off-loading facility;
15. A video service network and broadband infrastructure, including associated buildings and facilities, video service headends, towers, utility poles, and utility lines such as fiber optic lines. As used in this division, “video service network” has the same meaning as in R.C. § 1332.21.
16. Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility;
17. Any above-ground portion of a well, well pad, or production operation;
18. A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline;
19. Any mining operation, including any processing equipment, batching operation, or support facility for that mining operation.
B. With respect to a video service network or broadband or wireless telecommunications infrastructure, the above-ground portion of a facility installed in a public right-of-way on a utility pole or in a conduit;
C. Any railroad property;
D. An electronic asset of any of the following:
1. An electric light company that is a public utility under R.C. § 4905.02;
2. An electric cooperative, as defined in R.C. § 4928.01;
3. A municipal electric utility, as defined in R.C. § 4928.01;
4. A natural gas company that is a public utility under R.C. § 4905.02;
5. A telephone company that is a public utility under R.C. § 4905.02;
6. A video service provider, including a cable operator, as those terms are defined in R.C. § 1332.21.
(3) “Electronic asset.” Includes, but is not limited to, the hardware, software, and data of a programmable electronic device; all communications, operations, and customer data networks; and the contents of those data networks.
(4) “Land” or “premises.” Includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
(5) “Production operation”, “well,” and “well pad.” Have the same meanings as in R.C. § 1509.01.
(R.C. § 2911.21)
(g) Criminal trespass on a place of public amusement.
(1) As used in this division (g), “place of public amusement” means a stadium, theater, or other facility, whether licensed or not, at which a live performance, sporting event, or other activity takes place for entertainment of the public and to which access is made available to the public, regardless of whether admission is charged.
(2) No person, without privilege to do so, shall knowingly enter or remain on any restricted portion of a place of public amusement and, as a result of that conduct, interrupt or cause the delay of the live performance, sporting event, or other activity taking place at the place of public amusement after a printed written notice has been given as provided in division (g)(4)A. of this section that the general public is restricted from access to that restricted portion of the place of public amusement. A restricted portion of a place of public amusement may include, but is not limited to, a playing field, an athletic surface, or a stage located at the place of public amusement.
(3) An owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement may use reasonable force to restrain and remove a person from a restricted portion of the place of public amusement if the person enters or remains on the restricted portion of the place of public amusement and, as a result of that conduct, interrupts or causes the delay of the live performance, sporting event, or other activity taking place at the place of public amusement. This division does not provide immunity from criminal liability for any use of force beyond reasonable force by an owner or lessee of a place of public amusement, an agent of either the owner or lessee, or a performer or participant at a place of public amusement.
(4) A. Notice has been given that the general public is restricted from access to a portion of a place of public amusement if a printed written notice of the restricted access has been conspicuously posted or exhibited at the entrance to that portion of the place of public amusement. If a printed written notice is posted or exhibited as described in this division regarding a portion of a place of public amusement, in addition to that posting or exhibition, notice that the general public is restricted from access to that portion of the place of public amusement also may be given, but is not required to be given, by either of the following means:
1. By notifying the person personally, either orally or in writing, that access to that portion of the place of public amusement is restricted;
2. By broadcasting over the public address system of the place of public amusement an oral warning that access to that portion of the place of public amusement is restricted.
B. If notice that the general public is restricted from access to a portion of a place of public amusement is provided by the posting or exhibition of a printed written notice as described in division (g)(4)A. of this section, the Municipality, in a criminal prosecution for a violation of division (g)(2) of this section, is not required to prove that the defendant received actual notice that the general public is restricted from access to a portion of a place of public amusement.
(5) A. Whoever violates division (g)(2) of this section is guilty of criminal trespass on a place of public amusement, a misdemeanor of the first degree.
B. In addition to any jail term, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (g)(5)A. of this section, a court may require an offender who violates this section to perform not less than 30 and not more than 120 hours of supervised community service work.
(ORC 2911.23)
(a) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to that person.
(2) No person shall enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.
(b) Whoever violates this section is guilty of aggravated trespass. Aggravated trespass in violation of division (a)(1) of this section is a misdemeanor of the first degree. Aggravated trespass in violation of division (a)(2) of this section is a felony to be prosecuted under appropriate state law.
(c) As used in this section, "critical infrastructure facility" has the same meaning as in R.C. § 2911.21.
(R.C. § 2911.211)
(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 Ohio R.C. 2913.01, tampering with coin machines is a felony to be prosecuted under appropriate State law.
(ORC 2911.32)
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