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§ 606.23 DETENTION OF SHOPLIFTERS AND THOSE COMMITTING MOTION PICTURE PIRACY; PROTECTION OF INSTITUTIONAL PROPERTY.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   ARCHIVAL INSTITUTION. Any public or private building, structure or shelter in which are stored historical documents, devices, records, manuscripts or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for or knowledge concerning the materials.
      (2)   AUDIOVISUAL RECORDING FUNCTION AND FACILITY. Have the same meaning as in R.C. § 2913.07.
      (3)   MUSEUM. Any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.
      (4)   PRETRIAL DIVERSION PROGRAM. A rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this state.
   (b)   A merchant, or an employee or agent of a merchant, who has probable cause to believe that things offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (d) below, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
   (c)   Any officer, employee or agent of a library, museum or archival institution may, for the purposes set forth in division (d) below or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in divisions (c)(1) and (c)(2) below, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum or archival institution, if the officer, employee or agent has probable cause to believe that the person has:
      (1)   Without privilege to do so, knowingly moved, defaced, damaged, destroyed or otherwise improperly tampered with property owned by or in the custody of the library, museum or archival institution; or
      (2)   With purpose to deprive the library, museum or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception, or by threat.
   (d)   An officer, agent or employee of a library, museum or archival institution pursuant to division (c) above or a merchant or an employee or agent of a merchant pursuant to division (b) above may detain another person for any of the following purposes:
      (1)   To recover the property that is the subject of the unlawful taking, criminal mischief or theft;
      (2)   To cause an arrest to be made by a peace officer;
      (3)   To obtain a warrant of arrest; and
      (4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief or theft and notwithstanding any other provision of this Code or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution or merchant.
   (e)   The owner or lessee of a facility in which a motion picture is being shown, or the owner’s or lessee’s employee or agent, who has probable cause to believe that a person is or has been operating an audiovisual recording function of a device in violation of R.C. § 2917.07 may, for the purpose of causing an arrest to be made by a peace officer or of obtaining an arrest warrant, detain the person in a reasonable manner for a reasonable length of time within the facility or its immediate vicinity.
   (f)   The officer, agent or employee of the library, museum or archival institution, the merchant or an employee or agent of a merchant, or the owner, lessee, employee or agent of the facility acting under divisions (b), (c) or (e) above shall not search the person detained, search or seize any property belonging to the person detained without the person’s consent, or use undue restraint upon the person detained.
   (g)   Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (c)(1) or (c)(2) above, that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by R.C. § 2913.07. An arrest under this division (g) shall be made within a reasonable time after the commission of the act or unlawful taking.
(R.C. § 2935.041)
§ 606.24 DISPOSITION OF UNCLAIMED OR FORFEITED PROPERTY HELD BY POLICE DEPARTMENT.
   (a)   Safekeeping of property in custody.
      (1)   A.   Any property that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited and that is in the custody of the Police Department shall be kept safely by the Police Department, pending the time it no longer is needed as evidence or for another lawful purpose, and shall be disposed of pursuant to this section or R.C. §§ 2981.12 and 2981.13.
         B.   This section does not apply to the custody and disposal of any of the following:
            1.   Vehicles subject to forfeiture under R.C. Title 45, except as provided in division (b)(1)F. of this section;
            2.   Abandoned junk motor vehicles or other property of negligible value;
            3.   Property held by a department of rehabilitation and correction institution that is unclaimed, that does not have an identified owner, that the owner agrees to dispose of or that is identified by the Department as having little value;
            4.   Animals taken, and devices used in unlawfully taking animals, under R.C. § 1531.20;
            5.   Controlled substances sold by a peace officer in the performance of the officer’s official duties under R.C. § 3719.141;
            6.   Property recovered by a township law enforcement agency under R.C. §§ 505.105 to 505.109; and
            7.   Property held and disposed of under an ordinance of the municipality or under R.C. §§ 737.29 to 737.33, except that if the municipality has received notice of a citizens’ reward program as provided in division (b)(5) of this section and disposes of property under an ordinance shall pay 25% of any monies acquired from any sale or auction to the citizens’ reward program.
      (2)   A.   The Police Department shall adopt and comply with a written internal control policy that does all of the following:
            1.   Provides for keeping detailed records as to the amount of property acquired by the Police Department and the date property was acquired;
            2.   Provides for keeping detailed records of the disposition of the property, which shall include, but not be limited to, both of the following:
               a.   The manner in which it was disposed, the date of disposition, detailed financial records concerning any property sold and the name of any person who received the property. The record shall not identify or enable identification of the individual officer who seized any item of property; and
               b.   An itemized list of the specific expenditures made with amounts that are gained from the sale of the property and that are retained by the agency, including the specific amount expended on each expenditure, except that the policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation.
            3.   Complies with R.C. § 2981.13 if the Police Department has a law enforcement trust fund or similar fund created under that section.
         B.   The records kept under the internal control policy shall be open to public inspection during the Police Department’s regular business hours. The policy adopted under this section and each report received by the Attorney General is a public record open for inspection under R.C. § 149.43.
      (3)   The Police Department, with custody of property to be disposed of under this section or R.C. § 2981.12 or 2981.13, shall make a reasonable effort to locate persons entitled to possession of the property, to notify them of when and where it may be claimed, and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the county and to briefly describe the nature of the property in custody and inviting persons to view and establish their right to it.
      (4)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         A.   CITIZENS’ REWARD PROGRAM. Has the same meaning as in R.C. § 9.92.
         B.   LAW ENFORCEMENT AGENCY. Includes correctional institutions.
         C.   TOWNSHIP LAW ENFORCEMENT AGENCY. An organized police department of a township, a township police district, a joint police district, or the office of a township constable.
(R.C. § 2981.11)
   (b)   Disposition of unclaimed or forfeited property.
      (1)   Unclaimed or forfeited property in the custody of the Police Department, other than property described in division (a)(1)B. of this section, shall be disposed of by order of any court of record that has territorial jurisdiction over the municipality, as follows:
         A.   Drugs shall be disposed of pursuant to R.C. § 3719.11 or placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable federal law;
         B.   Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use or as museum pieces or collectors’ items may be sold at public auction pursuant to division (b)(2) of this section. The Police Department may sell other firearms and dangerous ordnance to a federally licensed firearms dealer in a manner that the court considers proper. The Police Department shall destroy any firearms or dangerous ordnance not given to a law enforcement agency or sold or shall send them to the Bureau of Criminal Identification and Investigation for destruction by the Bureau;
         C.   Obscene materials shall be destroyed;
         D.   Beer, intoxicating liquor or alcohol seized from a person who does not hold a permit issued under R.C. Chapters 4301 and 4303 or otherwise forfeited to the state for an offense under R.C. § 4301.45 or 4301.53 shall be sold by the Division of Liquor Control if the Division determines that it is fit for sale or shall be placed in the custody of the Investigations Unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Ohio Department of Public Safety, with the assistance of the Division of Liquor Control, shall adopt rules in accordance with R.C. Chapter 119 to provide for the distribution to state or local law enforcement agencies upon their request. If any tax imposed under R.C. Title 43 has not been paid in relation to the beer, intoxicating liquor or alcohol, any monies acquired from the sale shall first be used to pay the tax. All other money collected under this division (b)(1)D. shall be paid into the state treasury. Any beer, intoxicating liquor or alcohol that the Division determines to be unfit for sale shall be destroyed;
         E.   Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates’ industrial and entertainment fund of the institution if the sender is not known;
         F.   1.   Any mobile instrumentality forfeited under R.C. Chapter 2981 may be given to the law enforcement agency that initially seized the mobile instrumentality for use in performing its duties, if the agency wants the mobile instrumentality. The agency shall take the mobile instrumentality subject to any security interest or lien on the mobile instrumentality; and
            2.   Vehicles and vehicle parts forfeited under R.C. §§ 4549.61 to 4549.63 may be given to a law enforcement agency for use in performing its duties. Those parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives of them may be sold or disposed of as provided by rules of the Director of Public Safety. Parts from which a vehicle identification number or derivative of it has been removed, defaced, covered, altered or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
         G.   Computers, computer networks, computer systems and computer software suitable for police work may be given to a law enforcement agency for that purpose or disposed of under division (b)(2) of this section; and
         H.   Money seized in connection with a violation of R.C. § 2905.32, 2907.21 or 2907.22 shall be deposited in the Victims of Human Trafficking Fund created by R.C. § 5101.87.
      (2)   Unclaimed or forfeited property that is not described in division (b)(1) of this section or division (a)(1)B. of this section, with court approval, may be used by the law enforcement agency in possession of it. If it is not used by the agency, it may be sold without appraisal at a public auction to the highest bidder for cash or disposed of in another manner that the court considers proper.
      (3)   Except as provided in divisions (b)(1) and (b)(5) of this section and after compliance with division (b)(4) of this section when applicable, any monies acquired from the sale of property disposed of pursuant to this section shall be placed in the General Revenue Fund of the state, or the General Fund of the municipality.
      (4)   If the property was in the possession of the Police Department in relation to a delinquent child proceeding in a juvenile court, 10% of any moneys acquired from the sale of property disposed of under this section shall be applied to one or more community addiction services providers, as defined in R.C. § 5119.01. A juvenile court shall not specify a services provider, except as provided in this division, unless the services provider is in the same county as the court or in a contiguous county. If no services provider is located in any of those counties, the juvenile court may specify a services provider anywhere in Ohio. The remaining 90% of the proceeds or cash shall be applied as provided in division (b)(3) of this section.
      (5)   A.   If the Board of County Commissioners recognizes a citizens’ reward program under R.C. § 9.92, the Board shall notify the Police Department of the recognition by filing a copy of its resolution conferring that recognition with the Police Department. When the Board recognizes a citizens’ reward program and the county includes a part, but not all, of the territory of the municipality, the Board shall so notify the Police Department of the recognition of the citizens’ reward program only if the county contains the highest percentage of the municipality’s population.
         B.   Upon being so notified, the Police Department shall pay 25% of any forfeited proceeds or cash derived from each sale of property disposed of pursuant to this section to the citizens’ reward program for use exclusively to pay rewards. No part of the funds may be used to pay expenses associated with the program. If a citizens’ reward program that operates in more than one county or in another state in addition to this state receives funds under this section, the funds shall be used to pay rewards only for tips and information to law enforcement agencies concerning offenses committed in the county from which the funds were received.
      (6)   Any property forfeited under R.C. Chapter 2981 not be used to pay any fine imposed upon a person who is convicted of or pleads guilty to an underlying criminal offense or a different offense arising out of the same facts and circumstances.
      (7)   Any monies acquired from the sale of personal effects, tools or other property seized because the personal effects, tools or other property were used in the commission of a violation of R.C. § 2905.32, 2907.21 or 2907.22 or derived from the proceeds of the commission of a violation of R.C. § 2905.32, 2907.21 or 2907.22 and disposed of pursuant to this division (b) shall be placed in the Victims of Human Trafficking Fund created by R.C. § 5101.87.
(R.C. § 2981.12)
   (c)   Disposition of contraband, proceeds or instrumentalities. Except as otherwise provided in R.C. § 2981.13, property ordered forfeited as contraband, proceeds or an instrumentality pursuant to R.C. Chapter 2981 shall be disposed of, used or sold pursuant to division (b) of this section or R.C. § 2981.12. If the property is to be sold under division (b) of this section or R.C. § 2981.12, the prosecutor shall cause notice of the proposed sale to be given in accordance with law.
(R.C. § 2981.13(A))
Statutory reference:
   Forfeiture of property generally, see R.C. Chapter 2981
§ 606.25 IMPERSONATING AN OFFICER.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   FEDERAL LAW ENFORCEMENT OFFICER. An employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
      (2)   IMPERSONATE. To act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
      (3)   INVESTIGATOR OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION. Has the same meaning as in R.C. § 2903.11.
      (4)   PEACE OFFICER. A Sheriff, Deputy Sheriff, Marshal, Deputy Marshal, member of the organized police department of a municipal corporation or township constable, who is employed by a political subdivision of this state; a member of a police force employed by a metropolitan housing authority under R.C. § 3735.31(D); a member of a police force employed by a regional transit authority under R.C. § 306.35(Y); a state university law enforcement officer appointed under R.C. § 3345.04; a veterans’ home police officer appointed under R.C. § 5907.02; a special police officer employed by a port authority under R.C. § 4582.04 or 4582.28; 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 limits of that statutory duty and authority; or a State Highway Patrol trooper whose primary duties are to preserve the peace, to protect life and property and to enforce the laws, ordinances or rules of the state or any of its political subdivisions.
      (5)   PRIVATE POLICE OFFICER. Any security guard, special police officer, private detective or other person who is privately employed in a police capacity.
   (b)   No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation or federal law enforcement officer.
   (c)   No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation or federal law enforcement officer, shall arrest or detain any person, search any person or search the property of any person.
   (d)   No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or the state, or investigator of the Bureau of Criminal Identification and Investigation.
   (e)   No person shall commit a felony while impersonating a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state or investigator of the Bureau of Criminal Identification and Investigation.
   (f)   It is an affirmative defense to a charge under division (b) of this section that the impersonation of the peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state, or investigator of the Bureau of Criminal Identification and Investigation was for a lawful purpose.
   (g)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (d) of this section is to commit or facilitate the commission of a felony, a violation of division (d) is a felony to be prosecuted under appropriate state law. Whoever violates division (e) of this section is guilty of a felony to be prosecuted under appropriate state law.
(R.C. § 2921.51)
§ 606.26 DISPLAY OF LAW ENFORCEMENT AGENCY EMBLEM.
   (a)   No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.
   (b)   Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.
(R.C. § 2913.441)
§ 606.27 USING SHAM LEGAL PROCESS.
   (a)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   LAWFULLY ISSUED. Adopted, issued or rendered in accordance with the United States Constitution, the constitution of a state, and the applicable statutes, rules, regulations and ordinances of the United States, a state and the political subdivisions of a state.
      (2)   POLITICAL SUBDIVISIONS. Municipal corporations, townships, counties, school districts and all other bodies corporate and politic that are organized under state law and are responsible for governmental activities only in geographical areas smaller than that of a state.
      (3)   SHAM LEGAL PROCESS. An instrument that meets all of the following conditions:
         A.   It is not lawfully issued;
         B.   It purports to do any of the following:
            1.   To be a summons, subpoena, judgment or order of a court, a law enforcement officer or a legislative, executive or administrative body;
            2.   To assert jurisdiction over or determine the legal or equitable status, rights, duties, powers or privileges of any person or property; and
            3.   To require or authorize the search, seizure, indictment, arrest, trial or sentencing of any person or property.
         C.   It is designed to make another person believe that it is lawfully issued.
      (4)   STATE. A state of the United States, including without limitation the state legislature, the highest court of the state that has statewide jurisdiction, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, institutions and other instrumentalities of the state. STATE does not include the political subdivisions of the state.
   (b)   No person shall, knowing the sham legal process to be a sham legal process, do any of the following:
      (1)   Knowingly issue, display, deliver, distribute or otherwise use sham legal process;
      (2)   Knowingly use sham legal process to arrest, detain, search or seize any person or the property of another person;
      (3)   Knowingly commit or facilitate the commission of an offense using sham legal process; and
      (4)   Knowingly commit a felony by using sham legal process.
   (c)   It is an affirmative defense to a charge under division (b)(1) or (b)(2) of this section that the use of sham legal process was for a lawful purpose.
   (d)   Whoever violates this section is guilty of using sham legal process. A violation of division (b)(1) of this section is a misdemeanor of the fourth degree. A violation of division (b)(2) or (b)(3) of this section is a misdemeanor of the first degree, except that if the purpose of a violation of division (b)(3) of this section is to commit or facilitate the commission of a felony, a violation of division (b)(3) of this section is a felony to be prosecuted under appropriate state law. A violation of division (b)(4) of this section is a felony to be prosecuted under appropriate state law.
(R.C. § 2921.52(A) - (D))
§ 606.28 FAILURE TO DISCLOSE PERSONAL INFORMATION.
   (a)   No person who is in a public place shall refuse to disclose the person’s name, address or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:
      (1)   The person is committing, has committed or is about to commit a criminal offense;
      (2)   The person witnessed any of the following:
         A.   An offense of violence that would constitute a felony under the laws of this state;
         B.   A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or property;
         C.   Any attempt or conspiracy to commit, or complicity in committing, any offenses identified in division (a)(2)A. or (a)(2)B. of this section; and
         D.   Any conduct reasonably indicating that any offense identified in division (a)(2)A. or (a)(2)B. of this section or any attempt, conspiracy or complicity described in division (a)(2)C. of this section has been, is being or is about to be committed.
   (b)   Whoever violates division (a) of this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.
   (c)   Nothing in division (a) of this section requires a person to answer any questions beyond that person’s name, address or date of birth. Nothing in division (a) of this section authorizes a law enforcement officer to arrest a person for not providing any information beyond the person’s name, address or date of birth or for refusing to describe the offense observed.
   (d)   It is not a violation of division (a) of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.
(R.C. § 2921.29)
   (e)   No person entering an airport, train station, port or other similar critical transportation infrastructure site shall refuse to show identification when requested by a law enforcement officer when there is a threat to security and the law enforcement officer is requiring identification of all persons entering the site.
   (f)   A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (e) of this section from entering the critical transportation infrastructure site.
(R.C. § 2909.31)
§ 606.29 MISUSE OF 9-1-1 SYSTEM.
   (a)   As used in this section, "9-1-1 system" means a system through which individuals can request emergency service using the access number 9-1-1.
(R.C. § 128.01(A))
   (b)   No person shall knowingly use the telephone number of a 9-1-1 system established under R.C. Chapter 128 to report an emergency if the person knows that no emergency exists.
   (c)   No person shall knowingly use a 9-1-1 system for a purpose other than obtaining emergency service.
   (d)   No person shall disclose or use any information concerning telephone numbers, addresses or names obtained from the database that serves the public safety answering point of a 9-1-1 system established under R.C. Chapter 128, except for any of the following purposes or under any of the following circumstances:
      (1)   For the purpose of the 9-1-1 system;
      (2)   For the purpose of responding to an emergency call to an emergency service provider;
      (3)   In the circumstance of the inadvertent disclosure of such information due solely to technology of the wireless telephone network portion of the 9-1-1 system not allowing access to the database to be restricted to 9-1-1 specific answering lines at a public safety answering point;
      (4)   In the circumstance of access to a database being given by a telephone company that is a wireless service provider to a public utility or municipal utility in handling customer calls in times of public emergency or service outages. The charge, terms and conditions for the disclosure or use of the information for the purpose of such access to a database shall be subject to the jurisdiction of the Steering Committee; and
      (5)   In the circumstance of access to a database given by a telephone company that is a wireline service provider to a state and local government in warning of a public emergency, as determined by the Steering Committee. The charge, terms and conditions for the disclosure or use of that information for the purpose of access to a database is subject to the jurisdiction of the Steering Committee.
(R.C. § 128.96(F) - (H))
   (e)   (1)   Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.
      (2)   Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the fourth degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(R.C. § 128.99(A), (B))
§ 606.30 SELF DEFENSE: LIMITATIONS ON DUTY TO RETREAT PRIOR TO USING FORCE.
   (a)   As used in this section, RESIDENCE has the same meaning as in R.C. § 2901.05.
   (b)   For purposes of any section of this code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person’s residence if that person is in a place in which the person lawfully has a right to be.
   (c)   A trier of fact shall not consider the possibility of retreat as a factor in determining whether or not a person who used force in self-defense, defense of another, or defense of that person’s residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety.
(R.C. § 2901.09)