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Regardless of the value of the property involved, and regardless of whether the offender previously has been convicted of a theft offense, a violation of § 642.02 or 642.22 is a felony to be prosecuted under appropriate state law if the property involved is any of the following:
(a) A credit card;
(b) A printed form for a check or other negotiable instrument, that on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and that has not been executed by the drawer or maker or on which the amount is blank;
(c) A motor vehicle identification license plate as prescribed by R.C. § 4503.22, a temporary motor vehicle license registration as prescribed by R.C. § 4503.182, or any comparable temporary motor vehicle license registration as prescribed by the applicable law of another state or the United States;
(d) A blank form for a certificate of title or a manufacturer’s or importer’s certificate to a motor vehicle, as prescribed by R.C. § 4505.07; or
(e) A blank form for any license listed in R.C. § 4507.01.
(R.C. § 2913.71)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) RENTEE. A person who pays consideration to a renter for the use of rented property.
(2) RENTER. A person who owns rented property.
(b) Each of the following shall be considered evidence of intent to commit theft of rented property or rental services:
(1) At the time of entering into the rental contract, the rentee presented the renter with identification that was materially false, fictitious or not current with respect to name, address, place of employment or other relevant information; or
(2) After receiving a notice demanding the return of the rented property as provided in division (c) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.
(c) To establish that a rentee has an intent to commit theft of rented property or rental services under division (b)(2) above, a renter may issue a notice to a rentee demanding the return of the rented property. The renter shall mail the notice by certified mail, return receipt requested, to the rentee at the address the rentee gave when the rental contract was executed, or to the rentee at the last address the rentee or the rentee’s agent furnished in writing to the renter.
(d) A demand for the return of the rented property is not a prerequisite for the prosecution of a rentee for theft of rented property or rental services. The evidence specified in division (b) above does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.
(R.C. § 2913.72)
(a) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
(b) No person shall knowingly use or operate an aircraft, motor vehicle, motorboat or other motor-propelled vehicle without the consent of the owner or person authorized to give consent, and either remove it from this state, or keep possession of it for more than 48 hours.
(c) The following are affirmative defenses to a charge under this section:
(1) At the time of the alleged offense, the actor, though mistaken, reasonably believed that he or she was authorized to use or operate the property; and
(2) At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.
(d) Whoever violates divisions (a) and (b) of this section is guilty of unauthorized use of a vehicle.
(1) Except as otherwise provided in this division (d)(1), a violation of division (a) of this section is a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled adult and if the victim incurs a loss as a result of the violation, a violation of division (a) of this section is a felony to be prosecuted under appropriate state law.
(2) A violation of division (b) of this section is a felony to be prosecuted under appropriate state law.
(e) No person shall knowingly enter in or upon a motor vehicle, motorcycle or other motor-propelled vehicle without the consent of the owner thereof or of a person authorized to give consent.
(f) Whoever violates division (e) of this section is guilty of vehicle trespass, a misdemeanor of the fourth degree.
(Ord. 1995-265, passed 1-15-1996)
Statutory reference:
Theft offense involving motor vehicle, offender to pay towing and storage fees, see R.C. 2913.82
Unauthorized use of a vehicle, see R.C. § 2912.03
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