642.03 UNAUTHORIZED USE OF PROPERTY.

For the purpose of this chapter and Chapter 672, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) “Active duty service member.” Any member of the armed forces of the United States performing active duty under Title 10 of the United States Code.

(b) “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 eighty-two percent nitrogen to eighteen percent hydrogen.

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642.01 GENERAL OFFENSES CODE 186

(d) “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.

(e) “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.

(f) “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.

(g) “Computer contaminant.” 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.

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187 Offenses Relating to Property 642.01

(h) “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

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642.01 GENERAL OFFENSES CODE 188

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.

(i) “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.

(j) “Computer program.” An ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to process data.

(k) “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.

(l) “Computer software.” Computer programs, procedures and other documentation associated with the operation of a computer system.

(m) “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.

(n) “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.

(o) “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.

(p) “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

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terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under Ohio R.C. 301.29.

(q) “Dangerous drug.” Has the same meaning as in Ohio R.C. 4729.01.

(r) “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.

(s) “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.

(t) “Defraud.” To knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.

(u) “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.

(v) “Disabled adult.” A person who is eighteen 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 twelve months without any present indication of recovery from the impairment, or who is eighteen 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.

(w) “Drug abuse offense.” Has the same meaning as in Ohio R.C. 2925.01.

(x) “Elderly person.” A person who is sixty-five years of age or older.

(y) “Electronic fund transfer.” Has the same meaning as in 92 Stat. 3728, 15 U.S.C. 1693a, as amended.

(z) “Emergency personnel.” 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;

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642.01 GENERAL OFFENSES CODE 190

(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.

(aa) “Federally-licensed firearms dealer.” Has the same meaning as in Ohio R.C. 5502.63.

(bb) “Firearm” and “dangerous ordnance.” Have the same meaning as in Ohio R.C. 2923.11.

(cc) “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.

(dd) “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.

(ee) “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.

(ff) “Internet.” Has the same meaning as in Ohio R.C. 341.42.

(gg) “Motor vehicle.” Has the same meaning as in Ohio R.C. 4501.01.

(hh) “Occupied structure.” 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.

(ii) “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

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has any license or interest in property or services, even though the ownership, possession, control, license or interest is unlawful.

(jj) “Police dog or horse.” Has the same meaning as in Ohio R.C. 2921.321.

(kk) “Political subdivision.” Has the same meaning as in Ohio R.C. 2744.01.

(ll) “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.

(mm) “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 Ohio R.C. 2913.04 or any substantially equivalent municipal ordinance, includes cable services as defined in that section.

(nn) “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.

(oo) “State.” Has the same meaning as in Ohio R.C. 2744.01.

(pp) “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.

(qq) “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.

(rr) “Telecommunications service.” The providing, allowing, facilitating or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.

(ss) “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, 2913.48, 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;

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(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.

(tt) “Utter.” To issue, publish, transfer, use, put or send into circulation, deliver or display.

(uu) “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.

(ORC 2909.01, 2913.01)

642.02 POSSESSION OF MUNICIPAL PROPERTY.

(a) No person shall, without being authorized, have in his or her control or possession any equipment, tools, implements or other property belonging to the municipality.

(ORC 5589.12)

(b) Whoever violates this section is guilty of a minor misdemeanor.

(ORC 5589.99(B))

642.03 UNAUTHORIZED USE OF PROPERTY.

(a) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.

(b) No person, in any manner and by any means, including but not limited to computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service or information service or other person authorized to give consent.

(c) Except as permitted under R.C. § 5503.101, no person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to Ohio R.C. 5503.10 without the consent of, or beyond the scope of the express or implied consent of, the chair of the Law Enforcement Automated Data System Steering Committee.

(d) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the Ohio law enforcement gateway established and operated pursuant to Ohio R.C. 109.57(C)(1) without the consent of, or beyond the scope of the express or implied consent of, the Superintendent of the Bureau of Criminal Identification and Investigation.

(e) The affirmative defenses contained in Ohio R.C. 2913.03(C) are affirmative defenses to a charge under this section.

(f) Whoever violates division (a) of this section is guilty of unauthorized use of property. Except as otherwise provided in this division, unauthorized use of property is a misdemeanor of the fourth degree.

(1) If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is whichever of the following is applicable:

A. Except as otherwise provided below, unauthorized use of property is a misdemeanor of the first degree.

B. If the value of the property or services or the loss to the victim is one thousand dollars ($1,000.00) or more, it is a felony to be prosecuted under appropriate state law.

(2) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is a felony to be prosecuted under appropriate state law.

(g) Whoever violates division (b) of this section is guilty of unauthorized use of computer, cable or telecommunication property, a felony to be prosecuted under appropriate state law.

(h) Whoever violates division (c) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony to be prosecuted under appropriate state law.

(i) Whoever violates division (d) of this section is guilty of unauthorized use of the Ohio law enforcement gateway, a felony to be prosecuted under appropriate state law.

(j) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) “Cable operator.” Any person or group of persons that does either of the following:

A. Provides cable service over a cable system and directly through one or more affiliates owns a significant interest in that cable system;

B. Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.

(2) “Cable service.” Any of the following:

A. The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;

B. Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in division (f)(2)A. above;

C. Any cable television service.

(3) “Cable system.” Any facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. “Cable system” does not include any of the following:

A. Any facility that serves only to retransmit the television signals of one or more television broadcast stations;

B. Any facility that serves subscribers without using any public right-of-way;

C. Any facility of a common carrier that, under 47 U.S.C. 522(7)(c), is excluded from the term “cable system” as defined in 47 U.S.C. 522(7);

D. Any open video system that complies with 47 U.S.C. 573;

E. Any facility of any electric utility used solely for operating its electric utility system.

(ORC 2913.04)

Statutory reference:

Telecommunications: fraud and unlawful use of a device, felony offenses, see Ohio R.C. 2913.05 and 2913.06

642.04 ASSAULTING POLICE DOG OR HORSE, OR ASSISTANCE DOG.

(a) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:

(1) The police dog or horse is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted.

(2) The police dog or horse is not assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.

(b) No person shall recklessly do any of the following:

(1) Taunt, torment or strike a police dog or horse;

(2) Throw an object or substance at a police dog or horse;

(3) Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:

A. Inhibits or restricts the law enforcement officer's control of the police dog or horse;

B. Deprives the law enforcement officer of control of the police dog or horse;

C. Releases the police dog or horse from its area of control;

D. Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;

E. Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.

(4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse;

(5) If the person is the owner, keeper or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog or horse.

(c) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:

(1) The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.

(2) The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.

(d) No person shall recklessly do any of the following:

(1) Taunt, torment or strike an assistance dog;

(2) Throw an object or substance at an assistance dog;

(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:

A. Inhibits or restricts the assisted or served person's control of the dog;

B. Deprives the assisted or served person of control of the dog;

C. Releases the dog from its area of control;

D. Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;

E. Inhibits or restricts the ability of the dog to assist the assisted or served person;

(4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;

(5) If the person is the owner, keeper or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.

(e) (1) Whoever violates division (a) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation results in serious physical harm to the police dog or horse or results in its death, assaulting a police dog or horse is a felony to be prosecuted under appropriate state law.

(2) Whoever violates division (b) of this section is guilty of harassing a police dog or horse. Except as otherwise provided this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree. If the violation results in serous physical harm to the police dog or horse or results in its death, harassing a police dog or horse is a felony to be prosecuted under appropriate state law.

(3) Whoever violates division (c) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, assaulting an assistance dog is a felony to be prosecuted under appropriate state law.

(4) Whoever violates division (d) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in physical harm to the assistance dog but does not result in the death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree. If the violation results in serious physical harm to the assistance dog or results in its death, harassing an assistance dog is a felony to be prosecuted under appropriate state law.

(5) In addition to any other sanctions or penalty imposed for the offense under this section, R.C. Chapter 2929 or any other provision of the Revised Code or this code, whoever violates division (a), (b), (c) or (d) of this section is responsible for the payment of all of the following:

A. Any veterinary bill or bill for medication incurred as a result of the violation by the Police Department regarding a violation of division (a) or (b) of this section or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of division (c) or (d) of this section;

B. The cost of any damaged equipment that results from the violation;

C. If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.

D. If the violation resulted in the death of the police dog or horse or the assistance dog that was the subject of the violation or resulted in serious physical harm to that dog or horse to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.

(f) This section does not apply to a licensed veterinarian whose conduct is in accordance with R.C. Chapter 4741.

(g) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or an assistance dog.

(h) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) “Assistance dog”, “blind” and “mobility impaired person.” Have the same meaning as in Ohio R.C. 955.011.

(2) “Physical harm.” Any injury, illness or other psychological impairment, regardless of its gravity or duration.

(3) “Police dog or horse.” A dog or horse that has been trained and may be used to assist law enforcement officers in the performance of their official duties.

(4) “Serious physical harm.” Any of the following:

A. Any physical harm that carries a substantial risk of death.

B. Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming.

C. Any physical harm that causes acute pain of a duration that results in substantial suffering.

(ORC 2921.321)

642.05 DESECRATION.

(a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:

(1) Any public monument;

(2) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing or site of great historical or archeological interest;

(3) A place of worship, its furnishings or religious artifacts or sacred texts within the place of worship or within the grounds upon which the place of worship is located;

(4) A work of art or museum piece;

(5) Any other object of reverence or sacred devotion.

(b) As used in this section, “cemetery” means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.

(c) Whoever violates this section is guilty of desecration. A violation of division (a)(1), (a)(2), (a)(4) or (a)(5) of this section is a misdemeanor of the second degree. A violation of division (a)(3) of this section is a felony to be prosecuted under appropriate state law.

(ORC 2927.11)

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 one thousand dollars ($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

Arson, felony provisions generally, see Ohio R.C. 2909.03

Convicted arsonist to make restitution to public agency, see Ohio R.C. 2929.28

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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