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642.06 ARSON.
   (a)   No person, by means of fire or explosion, shall knowingly do any of the following:
      (1)   Cause, or create a substantial risk of, physical harm to any property of another without the other person’s consent;
      (2)   Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;
      (3)   Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;
      (4)   Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person’s consent or to any property of the offender or another with purpose to defraud;
      (5)   Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision;
      (6)   With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.
   (b)   No person, by means of fire or explosion, shall knowingly do any of the following:
      (1)   Cause, or create a substantial risk of, physical harm to any structure of another that is not an occupied structure;
      (2)   Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any structure of another that is not an occupied structure;
      (3)   Cause, or create a substantial risk of, physical harm to any structure that is not an occupied structure and that is in or on any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision.
   (c)   (1)   It is an affirmative defense to a charge under division (b)(1) or (b)(2) of this section that the defendant acted with the consent of the other person.
      (2)   It is an affirmative defense to a charge under division (b)(3) of this section that the defendant acted with the consent of the other person, the state, or the political subdivision.
   (d)   (1)   Whoever violates this section is guilty of arson.
      (2)   A violation of division (a)(1) or (b)(1) of this section is one of the following:
         A.   Except as otherwise provided in division (d)(2)B. of this section, a misdemeanor of the first degree;
         B.   If the value of the property or the amount of the physical harm involved is $1,000 or more, a felony to be prosecuted under appropriate state law.
      (3)   A violation of division (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (b)(2) or (b)(3) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2909.03)
Statutory reference:
   Aggravated arson, felony provisions, see Ohio R.C. 2909.02
   Convicted arsonist to make restitution to public agency, see Ohio R.C. 2929.28
642.07 DETERMINING PROPERTY VALUE IN ARSON.
   (a)   The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of Section 642.06(a)(1) or (b)(1):
      (1)   If the property is an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.
      (2)   If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.
      (3)   If the property is not covered under division (a)(1) of this section, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
   (b)   As used in this section, "fair market value" has the same meaning as in Ohio R.C. 2913.61.
   (c)   Prima facie evidence of the value of property, as provided in Ohio R.C. 2913.61(D), may be used to establish the value of property pursuant to this section.
(ORC 2909.11(B) - (D))
642.08 CRIMINAL DAMAGING OR ENDANGERING; VEHICULAR VANDALISM.
   (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.
(ORC 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
642.09 CRIMINAL MISCHIEF.
   (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:
         A.   In any manner or by any means, including but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;
         B.   Introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program.
      (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)
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