§ 642.01  DETERMINING PROPERTY VALUE IN ARSON.
   (a)   Determination by Judge or Jury.  When a person is charged with a violation of division (a) or (b) of Section 642.02 of this Chapter involving property value or an amount of physical harm of one thousand dollars ($1,000) or more, the jury or court trying the accused shall determine the value of the property or amount of physical harm and, if a guilty verdict is returned, shall return the finding as part of the verdict.  In any such case, it is unnecessary to find or return the exact value or amount of physical harm, ORC 2945.75 applies and, if the finding and return relate to a violation of division (a) or (b) of Section 642.02 of this Chapter and are that the value or amount of the physical harm was one thousand dollars ($1,000) or more, the finding and return shall include a statement that the value or amount was one thousand dollars ($1,000) or more, relative to finding and return of the value or amount of physical harm.
   (b)   Property Value. The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of Section 642.02 of this Chapter:
      (1)   If the property is an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.
      (2)   If the property is not covered under division (b)(1) of this section and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.
      (3)   If the property is not covered under division (b)(1) of this section and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.
   (c)   Fair Market Value.  As used in this section, "fair market value" has the same meaning as in Section 604.01 of the General Offenses Code.
   (d)   Prima Facie Evidence.  Prima-facie evidence of the value of property, as provided in ORC 2913.61(D), may be used to establish the value of the property pursuant to this section.
(ORC 2909.11)