For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Anhydrous ammonia.” A compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described below. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately 82% nitrogen to 18% hydrogen.
(b) “Assistance dog” has the same meaning as in Ohio R.C. 955.011.
(c) “Cable television service.” Any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
(d) “Coin machine.” Any mechanical or electronic device designed to do both of the following:
(1) Receive a coin or bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license.
(e) “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 an electronic device of that nature.
(f) “Computer contaminant.” Means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (1) through (4) of this definition or of a type or kind similar to a type or kind described in divisions (1) through (4) of this definition:
(1) A group of computer programs commonly known as “viruses” and “worms” that are self- replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(2) A group of computer programs commonly known as “Trojans” or “Trojan horses” that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;
(3) A group of computer programs commonly known as “zombies” that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer’s or network’s performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as “denial of service” or “distributed denial of service” attacks;
(4) A group of computer programs commonly known as “trap doors”, “back doors”, or “root kits” that are designed to bypass standard authentication software and that are designed to allow access or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent.
(g) “Computer hacking.”
(1) “Computer hacking” means any of the following:
A. Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;
B. Misusing computer or network services including but not limited to mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, “misuse of computer and network services” includes but is not limited to the unauthorized use of any of the following:
1. Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;
2. File transfer program services or proxy servers to access other computers, computer systems, or computer networks;
3. Web servers to redirect users to other web pages or web servers.
C. 1. Subject to division (1)C.2. of this definition, using a group of computer programs commonly known as “port scanners” or “probes” to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes but is not limited to those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network’s facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including but not limited to operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.
2. The group of computer programs referred to in division (1)C.1. of this definition does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including but not limited to domain name services, mail transfer services, and other operating system services, computer programs commonly called “ping”, “tcpdump”, and “traceroute” and other network monitoring and management computer software, and computer programs commonly knows as “nslookup” and “whois” and other systems administration computer software.
D. The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.
(2) “Computer hacking” does not include the introduction of a computer contaminant, as defined in this section, into a computer, computer system, computer program, or computer network.
(h) “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.
(i) “Computer program.” An ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to process data.
(j) “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 computer network.
(k) “Computer software.” Computer programs, procedures, and other documentation associated with the operation of a computer system.
(l) “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.
(m) “Counterfeit telecommunications device.” A telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. The phrase includes but is not limited to a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone.
(n) “Create a substantial risk of serious physical harm to any person.” Includes the creation of a substantial risk of serious physical harm to any emergency personnel.
(o) “Credit card.” Includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under Ohio R.C. 301.29.
(p) “Dangerous drug.” Has the same meaning as in Ohio R.C. 4729.01.
(q) “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.
(r) “Deception.” To knowingly deceive another or cause another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.
(s) “Defraud.” To knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.
(t) “Deprive.” To do any of the following:
(1) To withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;
(2) To dispose of property so as to make it unlikely that the owner will recover it;
(3) To accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.
(u) “Disabled adult.” A person who is 18 years of age or older and has some impairment of body or mind that makes the person unable 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.
(v) “Drug abuse offense.” Has the same meaning as in Ohio R.C. 2925.01.
(w) “Elderly person.” A person who is 65 years of age or older.
(x) “Electronic fund transfer.” Has the same meaning as in 92 Stat. 3728, 15 U.S.C. 1693a, as amended.
(y) “Emergency personnel.” Means any of the following persons:
(1) A peace officer, as defined in Ohio R.C. 2935.01;
(2) A member of a fire department or other firefighting agency of a municipal corporation, township, township fire district, joint fire district, other political subdivision, or combination of political subdivisions;
(3) A member of a private fire company, as defined in Ohio R.C. 9.60, or a volunteer firefighter;
(4) A member of a joint ambulance district or joint emergency medical services district;
(5) An emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance operator, or other member of an emergency medical service that is owned of operated by a political subdivision or a private entity;
(6) The State Fire Marshal, the Chief Deputy State Fire Marshal, or an assistant State fire marshal;
(7) A fire prevention officer of a political subdivision or an arson, fire, or similar investigator of a political subdivision.
(z) "Federally-licensed firearms dealer." Has the same meaning as in Ohio R.C. 5502.63.
(aa) “Firearm” and “dangerous ordnance.” Have the same meaning as in Ohio R.C. 2923.11.
(bb) “Forge.” To fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.
(cc) “Gain access.” To approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in Ohio R.C. 2913.04.
(dd) “Information service.”
(1) Subject to division (2) of this definition, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including but not limited to electronic publishing.
(2) “Information service” does not include any use of a capability of a type described in division (1) of this definition for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
(ee) “Internet.” Has the same meaning as in Ohio R.C. 341.42.
(ff) “Motor vehicle.” Has the same meaning as in Ohio R.C. 4501.01.
(gg) “Occupied structure.” Means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following applies:
(1) It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether or not any person is actually present;
(2) At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present;
(3) At the time, it is specially adapted for the overnight accommodation of any person, whether or not any person is actually present;
(4) At the time, any person is present or likely to be present in it.
(hh) “Owner.” Unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.
(ii) “Police dog or horse” has the same meaning as in Ohio R.C. 2921.321.
(jj) “Political subdivision.” Has the same meaning as in Ohio R.C. 2744.01.
(kk) “Rented property.” Personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property within any applicable minimum or maximum term; and the amount of consideration is generally determined by the duration of possession of the property.
(ll) “Services.” Includes labor, personal services, professional services, rental services, public utility services including wireless service as defined in Ohio R.C. 4931.40(F)(1), common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of Ohio R.C. 2913.04 or any substantially equivalent municipal ordinance, includes cable services as defined in that section.
(mm) “Slug.” An object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose.
(nn) “State.” Has the same meaning as in Ohio R.C. 2744.01.
(oo) “Telecommunication.” The origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence or intelligence of any nature over any communications system by any method, including but not limited to a fiber optic, electronic, magnetic, optical, digital or analog method.
(pp) “Telecommunications device.” Any instrument, equipment, machine, or other device that facilitates telecommunication, including but not limited to a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.
(qq) “Telecommunications service.” The providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.
(rr) “Theft offense.” Any of the following:
(1) A violation of Ohio R.C. 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, former Ohio R.C. 2913.47 or 2913.48, or Ohio R.C. 2913.51, 2915.05, or 2921.41;
(2) A violation of an existing or former municipal ordinance or law of this or any other State or of the United States substantially equivalent to any section listed in division (1) of this definition, or a violation of Ohio R.C. 2913.41, 2913.81 or 2915.06 as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal ordinance or law of this or any other State or the United States involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud;
(4) A conspiracy to commit, attempt to commit, or complicity in committing any offense under division (1), (2), or (3) of this definition.
(ss) “Utter.” To issue, publish, transfer, use, put or send into circulation, deliver, or display.
(tt) “Writing.” Any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, type-written, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.
(Ord. 53-03. Passed 3-3-03.)