For the purpose of this title the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPUTER. An electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. COMPUTER includes but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to such an electronic device.
COMPUTER NETWORK. A set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.
COMPUTER PROGRAM. An ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.
COMPUTER SERVICES. Includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or network.
COMPUTER SYSTEM. A computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.
CONTRABAND. Any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property’s involvement in an offense. CONTRABAND includes, but is not limited to, all of the following:
(1) Any controlled substance, as defined in R.C. § 3719.01, or any device or paraphernalia related thereto;
(2) Any unlawful gambling device or paraphernalia;
(3) Any dangerous ordnance or obscene material.
DANGEROUS DRUG. Has the same meaning as in R.C. § 4729.01.
DATA. A representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network.
DEADLY FORCE. Any force that carries a substantial risk that it will proximately result in the death of any person.
DISABLED ADULT. A person who is 18 years of age or older and has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least 12 months without any present indication of recovery from the impairment, or who is 18 years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons.
DRUG ABUSE OFFENSE. Has the same meaning as in R.C. § 2925.01.
ELDERLY PERSON. A person who is 65 years of age or older.
FIREARM and DANGEROUS ORDNANCE. Have the same meaning as in R.C. § 2923.11.
FORCE. Any violence, compulsion, or constraint physically exerted by any means on or against a person or thing.
LAW ENFORCEMENT OFFICER. Any of the following:
(1) A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under R.C. § 3735.31(D) or state highway patrol trooper;
(2) An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of such statutory duty and authority;
(3) The mayor, in his or her capacity as chief conservator of the peace within the municipal corporation;
(4) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;
(5) A person lawfully called pursuant to R.C. § 311.07 to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;
(6) A person appointed by a mayor pursuant to R.C. § 737.10 as a special patrolling officer during a riot or emergency, for the purposes and during the time when the person is appointed;
(7) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;
(8) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor.
(9) An veterans' home police officer appointed under R.C. § 5907.02.
(10) A member of a police force employed by a regional transit authority under R.C. § 306.35(Y).
(11) A special police officer employed by a port authority under R.C. § 4582.04 or 4582.28.
(12) The House of Representatives Sergeant at Arms if the House of Representatives Sergeant at Arms has arrest authority pursuant to R.C. § 101.311(E)(1) and an Assistant House of Representatives Sergeant at Arms.
(13) The Senate Sergeant at Arms and an Assistant Senate Sergeant at Arms;
(14) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the Transportation Security Administration of the United States Department of Transportation as provided in 49 C.F.R. Parts 1542 and 1544, as amended.
MOTOR VEHICLE. Has the same meaning as in R.C. § 4501.01.
NOT GUILTY BY REASON OF INSANITY. A person is “not guilty by reason of insanity” relative to a charge of an offense only if he or she proves, in the manner specified in R.C. § 2901.05 that at the time of the commission of the offense, he or she did not know, as a result of a severe mental disease or defect, the wrongfulness of his or her acts.
OFFENSE OF VIOLENCE. Means any of the following:
(1) A violation of R.C. § 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.18, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2917.321, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1) of R.C. § 2903.34, of division (A)(1), (2) or (3) of R.C. § 2911.12, or of division (B)(1), (2), (3) or (4) of R.C. § 2919.22, or felonious sexual penetration in violation of former R.C. § 2907.12;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division or offense listed in division (1) of this definition;
(3) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;
(4) A conspiracy or attempt to commit, or complicity in committing any offense under (1), (2), or (3) above;
(5) A violation of division (C) of R.C. § 959.131.
PERSON.
(1) (a) Subject to division (2) of this definition, as used in any section contained in Title XIII of this code that sets forth a criminal offense,
PERSON includes all of the following:
1. An individual, corporation, business trust, estate, trust, partnership and association.
2. An unborn human who is viable.
(b) As used in any section contained in Title XIII of this code that does not set forth a criminal offense,
PERSON includes an individual, corporation, business trust, estate, partnership and association.
(c) As used in division (1)(a)2. of this definition,
UNBORN HUMAN means an individual organism of the species Homo sapiens from fertilization until live birth. VIABLE means the stage of development of a human fetus at which there is a realistic probability of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.
(2) Notwithstanding division (1)(a) of this definition, in no case shall the portion of the definition of the term
PERSON that is set forth in division (1)(a)2. of this definition be applied or construed in any section contained in Title XIII of this code that sets forth a criminal offense in any of the following manners:
(a) Except as otherwise provided in division (2)(a) of this definition, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as any violation of R.C. §§ 2903.01 through 2903.06, 2903.08, 2903.11 through 2903.14, 2903.21 or 2903.22, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence but that does violate R.C. §§ 2919.12, 2919.13(B), 2919.15, 2919.151, 2919.17 or 2919.18 may be punished as a violation of such section, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with R.C. § 2919.12.
(b) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:
1. Her delivery of a stillborn baby.
2. Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying.
3. Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human.
4. Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human.
5. Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other psychological illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.
PHYSICAL HARM TO PERSONS. Any injury, illness, or other physiological impairment, regardless of its gravity or duration.
PHYSICAL HARM TO PROPERTY. Any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. PHYSICAL HARM TO PROPERTY does not include wear and tear occasioned by normal use.
PRIVILEGE. An immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.
PROPERTY.
(1) Any property, real or personal, tangible or intangible, and any interest or license in that property.
PROPERTY includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of documents, whether in computer machine or human-readable form, trade secrets, trademarks, copyrights, patents, and property protected by trademark, copyright, or patent. FINANCIAL INSTRUMENTS ASSOCIATED WITH COMPUTERS include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.
(2) As used in this definition,
TRADE SECRET has the same meaning as in R.C. § 1333.61, and TELECOMMUNICATIONS SERVICE and INFORMATION SERVICE have the same meanings as in R.C. § 2913.01.
(3) As used in this definition and the definition of
CONTRABAND in this section, CABLE TELEVISION SERVICE, COMPUTER SOFTWARE, COMPUTER, COMPUTER SYSTEM, COMPUTER NETWORK, DATA, and TELECOMMUNICATIONS DEVICE have the same meanings as in R.C. § 2913.01.
REPEAT OFFENDER. A person who has a history of persistent criminal activity and whose character and condition reveal a substantial risk that he or she will commit another offense. It is prima facie evidence that a person is a repeat offender if any of the following applies:
(1) Having been convicted of one or more offenses of violence, as defined in R.C. § 2901.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent offense of violence;
(2) Having been convicted of one or more sexually oriented offenses, as defined in R.C. § 2950.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent sexually oriented offense;
(3) Having been convicted of one or more theft offenses, as defined in R.C. § 2913.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent theft offense;
(4) Having been convicted of one or more felony drug abuse offenses, as defined in R.C. § 2925.01, and having been imprisoned pursuant to sentence for one or more of those offenses, he or she commits a subsequent felony drug abuse offense;
(5) Having been convicted of two or more felonies, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense;
(6) Having been convicted of three or more offenses of any type or degree other than traffic offenses, alcoholic intoxication offenses, or minor misdemeanors, and having been imprisoned pursuant to sentence for any such offense, he or she commits a subsequent offense.
RISK. A significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
SCHOOL, SCHOOL BUILDING, and SCHOOL PREMISES. Have the same meanings as in R.C. § 2925.01.
SCHOOL ACTIVITY. Any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under R.C. Chapter 3314; a governing board of an educational service center; or the governing body of a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under R.C. § 3301.07.
SCHOOL BUS. Has the same meaning as in R.C. § 4511.01.
SCHOOL SAFETY ZONE. Consists of a school, school building, school premises, school activity, and school bus.
SERIOUS PHYSICAL HARM TO PERSONS. Any of the following:
(1) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
(2) Any physical harm that carries a substantial risk of death;
(3) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
(4) Any physical harm that involves some permanent disfigurement, or that involves some temporary, serious disfigurement;
(5) Any physical harm that involves acute pain of such duration as to result in substantial suffering, or that involves any degree of prolonged or intractable pain.
SERIOUS PHYSICAL HARM TO PROPERTY. Any physical harm to property that does either of the following:
(1) Results in substantial loss to the value of the property, or requires a substantial amount of time, effort, or money to repair or replace;
(2) Temporarily prevents the use or enjoyment of the property, or substantially interferes with its use or enjoyment for an extended period of time.
SERVICES. Includes labor, personal services, professional services, rental services, public utility services including wireless service as defined in R.C. § 128.01(F)(1), common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of R.C. § 2913.04 or any substantially equivalent municipal ordinance, includes cable services as defined in that section.
SUBSTANTIAL RISK. A strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.
WRITING. Any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in it or upon it any written, typewritten, or printed matter, and also means any
token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.
(R.C. §§ 2901.01, 2913.01) ('80 Code, § 130.01) (Am. Ord. 83-15, passed 7-19-83; Am. Ord. 86-05, passed 2-4-86)