(a) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate another.
(3) The statement is made with purpose to mislead a public official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first; prevention, retention and contingency benefits and services; disability financial assistance; retirement benefits or health care coverage from a state retirement system; economic development assistance as defined in Ohio R.C. 9.66; or other benefits administered by a governmental agency or paid out of a public treasury.
(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release or provider agreement.
(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a report or return which is required or authorized by law.
(8) The statement is in writing, and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom such statement is directed relies upon it to that person's detriment.
(9) The statement is made with purpose to commit or facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in connection with any action, proceeding or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint or other pleading, or an inventory, account or report.
(11) The statement is made on an application for a marriage license under Ohio R.C. 3101.05.
(12) The statement is made, either orally or in writing, in connections with an application for legal representation submitted to a court, the state public defender, a county public defender or a joint county public defender by a defendant in a criminal case for the purpose of a determination of indigency and eligibility for legal representation by the state public defender, a county public defender, a joint county public defender or court-appointed counsel.
(13) The statement is made on a fireworks purchaser form under Ohio R.C. 3743.07(C), 3743.20(B), 3943.44(B) or 3743.45(A).
(14) The statement is made to a newspaper employee in the course of the employee's duty.
(15) The statement is made in the records or accounts of a licensed agricultural commodity handler that are required to be kept pursuant to Ohio R.C. 926.11.
(16) The statement is made on a stamp of label on a tank car, barrel, keg, can, or other vessel containing flaxseed or linseed oil.
(17) The statement is made on a form required by Ohio R.C. 3751.03, certification on a form required under that section, a record upon which the information on a form required under that section is based, or other information or records required to be kept or submitted under Ohio R.C. Chapter 3751 and rules adopted under that Chapter.
(18) The statement is made on a return, application, or permit under Ohio R.C. 5728.02, 5728.03, or 5728.08.
(b) It is no defense to a charge under subsection (a)(4) hereof that the oath or affirmation was administered or taken in an irregular manner.
(c) Where contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.
(d) (1) Whoever violates any provision of subsection (a)(1) to (8), (10), (11) or (13) to (18) hereof is guilty of falsification, a misdemeanor of the first degree.
(2) Whoever violates subsection (a)(9) hereof is guilty of falsification in a theft offense, a misdemeanor of the first degree if the value of the property or services stolen is less than one thousand dollars ($1,000).
(3) Whoever violates subsection (a)(12) hereof is guilty of falsification, a misdemeanor of the first degree. If as a result of the false statement that is the basis of the conviction under subsection (a)(12) hereof the offender received legal representation to which the offender was not entitled from the state public defender, a county public defender, a joint county public defender or court-appointed counsel, the court shall order the offender to make restitution, in an amount equal to the value of the legal representation provided by the state public defender, county public defender, joint county public defender or court-appointed counsel, to the public entity that paid for the legal representation.
(ORC 2921.13; Ord. 96-106. Enacted 6-24-96.)