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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 Section 642.02 or Section 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 Ohio R.C. 4505.07;
(e) A blank form for any license listed in Ohio 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) RENTER. A person who owns rented property or rental services:
(2) RENTEE. A person who pays consideration to a renter for the use of rented property or rental services:
(b) Each of the following shall be considered evidence of intent to commit theft of rented property:
(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.
(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.
(ORC 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.
(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 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.
(ORC 2913.03)
Statutory reference:
Theft offense involving motor vehicle, offender to pay towing and storage fees, see Ohio R.C. 2913.82
(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 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 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) 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) As used in this section:
(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
(a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.
(b) In addition to the penalty provided in division (c) of this section, whoever violates this section is liable in treble damages for the injury caused.
(ORC 901.51)
(c) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 901.99(A))
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