R.C. T. XXIX, Refs & Annos


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.01


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.01 Definitions


(A) As used in the Revised Code:


(1) “Force” means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.


(2) “Deadly force” means any force that carries a substantial risk that it will proximately result in the death of any person.


(3) “Physical harm to persons” means any injury, illness, or other physiological impairment, regardless of its gravity or duration.


(4) “Physical harm to property” means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. “Physical harm to property” does not include wear and tear occasioned by normal use.


(5) “Serious physical harm to persons” means any of the following:


(a) Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;


(b) Any physical harm that carries a substantial risk of death;


(c) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;


(d) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;


(e) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.


(6) “Serious physical harm to property” means any physical harm to property that does either of the following:


(a) Results in substantial loss to the value of the property or requires a substantial amount of time, effort, or money to repair or replace;


(b) Temporarily prevents the use or enjoyment of the property or substantially interferes with its use or enjoyment for an extended period of time.


(7) “Risk” means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.


(8) “Substantial risk” means a strong possibility, as contrasted with a remote or significant possibility, that a certain result may occur or that certain circumstances may exist.


(9) “Offense of violence” means any of the following:


(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211, 2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or 2923.161, of division (A)(1), (2), or (3) of section 2911.12, or of division (B)(1), (2), (3), or (4) of section 2919.22 of the Revised Code or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;


(b) A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division, or offense listed in division (A)(9)(a) of this section;


(c) An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons;


(d) A conspiracy or attempt to commit, or complicity in committing, any offense under division (A)(9)(a), (b), or (c) of this section.


(10)(a) “Property” means any property, real or personal, tangible or intangible, and any interest or license in that property. “Property” includes, but is not limited to, cable television service, other telecommunications service, telecommunications devices, information service, computers, data, computer software, financial instruments associated with computers, other documents associated with computers, or copies of the documents, whether in machine or human readable form, trade secrets, trademarks, copyrights, patents, and property protected by a trademark, copyright, or patent. “Financial instruments associated with computers” include, but are not limited to, checks, drafts, warrants, money orders, notes of indebtedness, certificates of deposit, letters of credit, bills of credit or debit cards, financial transaction authorization mechanisms, marketable securities, or any computer system representations of any of them.


(b) As used in division (A)(10) of this section, “trade secret” has the same meaning as in section 1333.61 of the Revised Code, and “telecommunications service” and “information service” have the same meanings as in section 2913.01 of the Revised Code.


(c) As used in divisions (A)(10) and (13) of this section, “cable television service,” “computer,” “computer software,” “computer system,” “computer network,” “data,” and “telecommunications device” have the same meanings as in section 2913.01 of the Revised Code.


(11) “Law enforcement officer” means any of the following:


(a) A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;


(b) 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 the limits of that statutory duty and authority;


(c) A mayor, in the mayor's capacity as chief conservator of the peace within the mayor's municipal corporation;


(d) A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;


(e) A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;


(f) A person appointed by a mayor pursuant to section 737.01 of the Revised Code as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;


(g) A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;


(h) A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;


(i) A veterans' home police officer appointed under section 5907.02 of the Revised Code;


(j) A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;


(k) A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;


(l) The house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code and an assistant house of representatives sergeant at arms;


(m) The senate sergeant at arms and an assistant senate sergeant at arms;


(n) A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended.


(12) “Privilege” means an immunity, license, or right conferred by law, bestowed by express or implied grant, arising out of status, position, office, or relationship, or growing out of necessity.


(13) “Contraband” means any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property's involvement in an offense. “Contraband” includes, but is not limited to, all of the following:


(a) Any controlled substance, as defined in section 3719.01 of the Revised Code, or any device or paraphernalia;


(b) Any unlawful gambling device or paraphernalia;


(c) Any dangerous ordnance or obscene material.


(14) A person is “not guilty by reason of insanity” relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts.


(B)(1)(a) Subject to division (B)(2) of this section, as used in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense, “person” includes all of the following:


(i) An individual, corporation, business trust, estate, trust, partnership, and association;


(ii) An unborn human who is viable.


(b) As used in any section contained in Title XXIX of the Revised Code that does not set forth a criminal offense, “person” includes an individual, corporation, business trust, estate, trust, partnership, and association.


(c) As used in division (B)(1)(a) of this section:


(i) “Unborn human” means an individual organism of the species Homo sapiens from fertilization until live birth.


(ii) “Viable” means the stage of development of a human fetus at which there is a realistic possibility of maintaining and nourishing of a life outside the womb with or without temporary artificial life-sustaining support.


(2) Notwithstanding division (B)(1)(a) of this section, in no case shall the portion of the definition of the term “person” that is set forth in division (B)(1)(a)(ii) of this section be applied or construed in any section contained in Title XXIX of the Revised Code that sets forth a criminal offense in any of the following manners:


(a) Except as otherwise provided in division (B)(2)(a) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, or section 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, or section 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable. Consent is sufficient under this division if it is of the type otherwise adequate to permit medical treatment to the pregnant woman, even if it does not comply with section 2919.12 of the Revised Code.


(b) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:


(i) Her delivery of a stillborn baby;


(ii) Her causing, in any other manner, the death in utero of a viable, unborn human that she is carrying;


(iii) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is a viable, unborn human;


(iv) Her causing her child who is born alive to sustain one or more injuries while the child is a viable, unborn human;


(v) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to a viable, unborn human that she is carrying.


(C) As used in Title XXIX of the Revised Code:


(1) “School safety zone” consists of a school, school building, school premises, school activity, and school bus.


(2) “School,” “school building,” and “school premises” have the same meanings as in section 2925.01 of the Revised Code.


(3) “School activity” means any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under Chapter 3314. of the Revised Code; a governing board of an educational service center, or the governing body of a school [FN1] for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code.


(4) “School bus” has the same meaning as in section 4511.01 of the Revised Code.



CREDIT(S)


(2012 H 487, eff. 9-10-12; 2011 H 153, eff. 9-29-11; 2010 S 235, eff. 3-24-11; 2006 H 241, eff. 7-1-07; 2002 H 675, eff. 3-14-03; 2002 H 364, eff 4-8-03; 2002 H 545, eff. 3-19-03; 2002 S 184, eff. 5-15-02; 2000 S 317, eff. 3-22-01; 2000 H 351, eff. 8-18-00; 2000 S 137, eff. 5-17-00; 1999 S 107, eff. 3-23-00; 1999 H 162, eff. 8-25-99; 1999 S 1, eff. 8-6-99; 1998 H 565, eff. 3-30-99; 1996 S 277, eff. 3-31-97; 1996 S 269, eff. 7-1-96; 1996 S 239, eff. 9-6-96; 1996 H 445, eff. 9-3-96; 1995 S 2, eff. 7-1-96; 1991 S 144, eff. 8-8-91; 1991 H 77; 1990 S 24; 1988 H 708, § 1)


[FN1] Prior and current versions differ; although no amendment to this language was indicated in 2010 S 235, 2011 H 153, or 2012 H 487, “educational service center, or the governing body of a school” appeared as “educational service center; or the governing body of a nonpublic school” in 2002 H 364.


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.02


Effective: September 23, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.02 Classification of offenses


As used in the Revised Code:


(A) Offenses include aggravated murder, murder, felonies of the first, second, third, fourth, and fifth degree, misdemeanors of the first, second, third, and fourth degree, minor misdemeanors, and offenses not specifically classified.


(B) Aggravated murder when the indictment or the count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of Revised Code, and any other offense for which death may be imposed as a penalty, is a capital offense.


(C) Aggravated murder and murder are felonies.


(D) Regardless of the penalty that may be imposed, any offense specifically classified as a felony is a felony, and any offense specifically classified as a misdemeanor is a misdemeanor.


(E) Any offense not specifically classified is a felony if imprisonment for more than one year may be imposed as a penalty.


(F) Any offense not specifically classified is a misdemeanor if imprisonment for not more than one year may be imposed as a penalty.


(G) Any offense not specifically classified is a minor misdemeanor if the only penalty that may be imposed is one of the following:


(1) For an offense committed prior to January 1, 2004, a fine not exceeding one hundred dollars;


(2) For an offense committed on or after January 1, 2004, a fine not exceeding one hundred fifty dollars, community service under division (D) of section 2929.27 of the Revised Code, or a financial sanction other than a fine under section 2929.28 of the Revised Code.



CREDIT(S)


(2011 H 5, eff. 9-23-11; 2002 H 490, eff. 1-1-04; 1995 S 2, eff. 7-1-96; 1984 H 380, eff. 4-3-84; 1982 H 269, § 4; 1982 S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.03


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.03 Common law offenses abrogated; offense defined; contempt or sanction powers of courts or general assembly not affected


(A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.


(B) An offense is defined when one or more sections of the Revised Code state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.


(C) This section does not affect any power of the general assembly under section 8 of Article II, Ohio Constitution, nor does it affect the power of a court to punish for contempt or to employ any sanction authorized by law to enforce an order, civil judgment, or decree.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.04


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.04 Rules of construction


(A) Except as otherwise provided in division (C) or (D) of this section, sections of the Revised Code defining offenses or penalties shall be strictly construed against the state, and liberally construed in favor of the accused.


(B) Rules of criminal procedure and sections of the Revised Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy, and sure administration of justice.


(C) Any provision of a section of the Revised Code that refers to a previous conviction of or plea of guilty to a violation of a section of the Revised Code or of a division of a section of the Revised Code shall be construed to also refer to a previous conviction of or plea of guilty to a substantially equivalent offense under an existing or former law of this state, another state, or the United States or under an existing or former municipal ordinance.


(D) Any provision of the Revised Code that refers to a section, or to a division of a section, of the Revised Code that defines or specifies a criminal offense shall be construed to also refer to an existing or former law of this state, another state, or the United States, to an existing or former municipal ordinance, or to an existing or former division of any such existing or former law or ordinance that defines or specifies, or that defined or specified, a substantially equivalent offense.



CREDIT(S)


(2004 S 146, eff. 9-23-04; 1999 S 107, eff. 3-23-00; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.05


Effective: September 9, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.05 Presumption of innocence; proof of offense; of affirmative defense; as to each; reasonable doubt


(A) Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution. The burden of going forward with the evidence of an affirmative defense, and the burden of proof, by a preponderance of the evidence, for an affirmative defense, is upon the accused.


(B)(1) Subject to division (B)(2) of this section, a person is presumed to have acted in self defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.


(2)(a) The presumption set forth in division (B)(1) of this section does not apply if the person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle.


(b) The presumption set forth in division (B)(1) of this section does not apply if the person who uses the defensive force uses it while in a residence or vehicle and the person is unlawfully, and without privilege to be, in that residence or vehicle.


(3) The presumption set forth in division (B)(1) of this section is a rebuttable presumption and may be rebutted by a preponderance of the evidence.


(C) As part of its charge to the jury in a criminal case, the court shall read the definitions of “reasonable doubt” and “proof beyond a reasonable doubt,” contained in division (D) of this section.


(D) As used in this section:


(1) An “affirmative defense” is either of the following:


(a) A defense expressly designated as affirmative;


(b) A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which the accused can fairly be required to adduce supporting evidence.


(2) “Dwelling” means a building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging in the building or conveyance at night, regardless of whether the building or conveyance is temporary or permanent or is mobile or immobile. As used in this division, a building or conveyance includes, but is not limited to, an attached porch, and a building or conveyance with a roof over it includes, but is not limited to, a tent.


(3) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.


(4) “Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.


(E) “Reasonable doubt” is present when the jurors, after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. It is a doubt based on reason and common sense. Reasonable doubt is not mere possible doubt, because everything relating to human affairs or depending on moral evidence is open to some possible or imaginary doubt. “Proof beyond a reasonable doubt” is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person's own affairs.



CREDIT(S)


(2008 S 184, eff. 9-9-08; 1978 H 1168, eff. 11-1-78; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.06


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.06 Battered woman syndrome


(A) The general assembly hereby declares that it recognizes both of the following, in relation to the “battered woman syndrome:”


(1) That the syndrome currently is a matter of commonly accepted scientific knowledge;


(2) That the subject matter and details of the syndrome are not within the general understanding or experience of a person who is a member of the general populace and are not within the field of common knowledge.


(B) If a person is charged with an offense involving the use of force against another and the person, as a defense to the offense charged, raises the affirmative defense of self-defense, the person may introduce expert testimony of the “battered woman syndrome” and expert testimony that the person suffered from that syndrome as evidence to establish the requisite belief of an imminent danger of death or great bodily harm that is necessary, as an element of the affirmative defense, to justify the person's use of the force in question. The introduction of any expert testimony under this division shall be in accordance with the Ohio Rules of Evidence.



CREDIT(S)


(1990 H 484, eff. 11-5-90)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.07


Effective: August 6, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.07 DNA testing of certain prisoners


(A) As used in this section:


(1) “DNA analysis” and “DNA specimen” have the same meanings as in section 109.573 of the Revised Code.


(2) “Jail” and “community-based correctional facility” have the same meanings as in section 2929.01 of the Revised Code.


(3) “Post-release control” has the same meaning as in section 2967.01 of the Revised Code.


(4) “Head of the arresting law enforcement agency” means whichever of the following is applicable regarding the arrest in question:


(a) If the arrest was made by a sheriff or a deputy sheriff, the sheriff who made the arrest or who employs the deputy sheriff who made the arrest;


(b) If the arrest was made by a law enforcement officer of a law enforcement agency of a municipal corporation, the chief of police, marshal, or other chief law enforcement officer of the agency that employs the officer who made the arrest;


(c) If the arrest was made by a constable or a law enforcement officer of a township police department or police district police force, the constable who made the arrest or the chief law enforcement officer of the department or agency that employs the officer who made the arrest;


(d) If the arrest was made by the superintendent or a trooper of the state highway patrol, the superintendent of the state highway patrol;


(e) If the arrest was made by a law enforcement officer not identified in division (A)(4)(a), (b), (c), or (d) of this section, the chief law enforcement officer of the law enforcement agency that employs the officer who made the arrest.


(5) “Detention facility” has the same meaning as in section 2921.01 of the Revised Code.


(B)(1)(a) On and after July 1, 2011, a person who is eighteen years of age or older and who is arrested on or after July 1, 2011, for a felony offense shall submit to a DNA specimen collection procedure administered by the head of the arresting law enforcement agency. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, detention facility, or law enforcement agency office or station to which the arrested person is taken after the arrest. The head of the arresting law enforcement agency shall cause the DNA specimen to be collected in accordance with division (C) of this section.


(b) If a person who is charged with a felony on or after July 1, 2011, has not been arrested and first appears before a court or magistrate in response to a summons, or if the head of the arresting law enforcement agency has not administered a DNA specimen collection procedure upon the person arrested for a felony in accordance with division (B)(1)(a) of this section by the time of the arraignment or first appearance of the person, the court shall order the person to appear before the sheriff or chief of police of the county or municipal corporation within twenty-four hours to submit to a DNA specimen collection procedure administered by the sheriff or chief of police. The sheriff or chief of police shall cause the DNA specimen to be collected from the person in accordance with division (C) of this section.


(c) Every court with jurisdiction over a case involving a person with respect to whom division (B)(1)(a) or (b) of this section requires the head of a law enforcement agency or a sheriff or chief of police to administer a DNA specimen collection procedure upon the person shall inquire at the time of the person's sentencing whether or not the person has submitted to a DNA specimen collection procedure pursuant to division (B)(1)(a) or (b) of this section for the original arrest or court appearance upon which the sentence is based. If the person has not submitted to a DNA specimen collection procedure for the original arrest or court appearance upon which the sentence is based, the court shall order the person to appear before the sheriff or chief of police of the county or municipal corporation within twenty-four hours to submit to a DNA specimen collection procedure administered by the sheriff or chief of police. The sheriff or chief of police shall cause the DNA specimen to be collected in accordance with division (C) of this section.


(d) If a person is in the custody of a law enforcement agency or a detention facility, if the chief law enforcement officer or chief administrative officer of the detention facility discovers that a warrant has been issued or a bill of information has been filed alleging the person to have committed an offense other than the offense for which the person is in custody, and if the other alleged offense is one for which a DNA specimen is to be collected from the person pursuant to division (B)(1)(a) or (b) of this section, the chief law enforcement officer or chief administrative officer shall cause a DNA specimen to be collected from the person in accordance with division (C) of this section.


(2) Regardless of when the conviction occurred or the guilty plea was entered, a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense, who is sentenced to a prison term or to a community residential sanction in a jail or community-based correctional facility for that offense pursuant to section 2929.16 of the Revised Code, and who does not provide a DNA specimen pursuant to division (B)(1) of this section, and a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a misdemeanor offense listed in division (D) of this section, who is sentenced to a term of imprisonment for that offense, and who does not provide a DNA specimen pursuant to division (B)(1) of this section, shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is serving the term of imprisonment. If the person serves the prison term in a state correctional institution, the director of rehabilitation and correction shall cause the DNA specimen to be collected from the person during the intake process at the reception facility designated by the director. If the person serves the community residential sanction or term of imprisonment in a jail, a community-based correctional facility, or another county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, the chief administrative officer of the jail, community-based correctional facility, or detention facility shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, or detention facility. The DNA specimen shall be collected in accordance with division (C) of this section.


(3) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, is serving a prison term, community residential sanction, or term of imprisonment for that offense, and does not provide a DNA specimen pursuant to division (B)(1) or (2) of this section, prior to the person's release from the prison term, community residential sanction, or imprisonment, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment shall administer, a DNA specimen collection procedure at the state correctional institution, jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment. The DNA specimen shall be collected in accordance with division (C) of this section.


(4)(a) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section and the person is on probation, released on parole, under transitional control, on community control, on post-release control, or under any other type of supervised release under the supervision of a probation department or the adult parole authority for that offense, and did not provide a DNA specimen pursuant to division (B)(1), (2), or (3) of this section, the person shall submit to a DNA specimen collection procedure administered by the chief administrative officer of the probation department or the adult parole authority. The DNA specimen shall be collected in accordance with division (C) of this section. If the person refuses to submit to a DNA specimen collection procedure as provided in this division, the person may be subject to the provisions of section 2967.15 of the Revised Code.


(b) If a person to whom division (B)(4)(a) of this section applies is sent to jail or is returned to a jail, community-based correctional facility, or state correctional institution for a violation of the terms and conditions of the probation, parole, transitional control, other release, or post-release control, if the person was or will be serving a term of imprisonment, prison term, or community residential sanction for committing a felony offense or for committing a misdemeanor offense listed in division (D) of this section, and if the person did not provide a DNA specimen pursuant to division (B)(1), (2), (3), or (4)(a) of this section, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail or community-based correctional facility shall administer, a DNA specimen collection procedure at the jail, community-based correctional facility, or state correctional institution in which the person is serving the term of imprisonment, prison term, or community residential sanction. The DNA specimen shall be collected from the person in accordance with division (C) of this section.


(5) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, the person is not sentenced to a prison term, a community residential sanction in a jail or community-based correctional facility, a term of imprisonment, or any type of supervised release under the supervision of a probation department or the adult parole authority, and the person does not provide a DNA specimen pursuant to division (B)(1), (2), (3), (4)(a), or (4)(b) of this section, the sentencing court shall order the person to report to the county probation department immediately after sentencing to submit to a DNA specimen collection procedure administered by the chief administrative officer of the county probation office. If the person is incarcerated at the time of sentencing, the person shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is incarcerated. The DNA specimen shall be collected in accordance with division (C) of this section.


(C) If the DNA specimen is collected by withdrawing blood from the person or a similarly invasive procedure, a physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected pursuant to division (B) of this section. If the DNA specimen is collected by swabbing for buccal cells or a similarly noninvasive procedure, this section does not require that the DNA specimen be collected by a qualified medical practitioner of that nature. No later than fifteen days after the date of the collection of the DNA specimen, the head of the arresting law enforcement agency, the sheriff or chief of police, the chief law enforcement officer, or the chief administrative officer of the detention facility regarding a DNA specimen taken pursuant to division (B)(1) of this section, the director of rehabilitation and correction or the chief administrative officer of the detention facility regarding a DNA specimen taken pursuant to division (B)(2), (3), or (4)(b) of this section, the chief administrative officer of the probation department or the adult parole authority regarding a DNA specimen taken pursuant to division (B)(4)(a) of this section, or the chief administrative officer of the county probation office, the director of rehabilitation and correction, or the chief administrative officer of the detention facility regarding a DNA specimen taken pursuant to division (B)(5) of this section, whichever is applicable, shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of section 109.573 of the Revised Code. The bureau shall provide the specimen vials, mailing tubes, labels, postage, and instructions needed for the collection and forwarding of the DNA specimen to the bureau.


(D) The DNA specimen collection duty set forth in division (B)(1) of this section applies to any person who is eighteen years of age or older and who on or after July 1, 2011, is arrested for or charged with any felony offense or is in any other circumstance described in that division. The DNA specimen collection duties set forth in divisions (B)(2), (3), (4)(a), (4)(b), and (5) of this section apply to any person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any felony offense or any of the following misdemeanor offenses:


(1) A misdemeanor violation, an attempt to commit a misdemeanor violation, or complicity in committing a misdemeanor violation of section 2907.04 of the Revised Code;


(2) A misdemeanor violation of any law that arose out of the same facts and circumstances and same act as did a charge against the person of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that previously was dismissed or amended or as did a charge against the person of a violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996, that previously was dismissed or amended;


(3) A misdemeanor violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had it been committed prior to that date;


(4) A sexually oriented offense or a child-victim oriented offense, both as defined in section 2950.01 of the Revised Code, that is a misdemeanor, if, in relation to that offense, the offender is a tier III sex offender/child-victim offender, as defined in section 2950.01 of the Revised Code.


(E) The director of rehabilitation and correction may prescribe rules in accordance with Chapter 119. of the Revised Code to collect a DNA specimen, as provided in this section, from an offender whose supervision is transferred from another state to this state in accordance with the interstate compact for adult offender supervision described in section 5149.21 of the Revised Code.



CREDIT(S)


(2012 S 268, eff. 8-6-12; 2010 S 77, eff. 7-6-10; 2007 S 10, eff. 1-1-08; 2006 S 262, eff. 7-11-06; 2005 H 66, eff. 6-30-05 (LSC opinion issued stating section repealed prior to attempted amendment); 2004 H 525, eff. 5-18-05; 2003 S 5, eff. 7-31-03; 2002 H 427, eff. 8-29-02; 1998 H 526, eff. 9-1-98; 1997 S 111, eff. 3-17-98; 1996 H 124, eff. 3-31-97; 1996 H 180, eff. 1-1-97; 1996 S 269, eff. 7-1-96; 1995 H 5, eff. 8-30-95)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.08


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.08 Delinquency adjudications deemed convictions; exceptions


(A) If a person is alleged to have committed an offense and if the person previously has been adjudicated a delinquent child or juvenile traffic offender for a violation of a law or ordinance, except as provided in division (B) of this section, the adjudication as a delinquent child or as a juvenile traffic offender is a conviction for a violation of the law or ordinance for purposes of determining the offense with which the person should be charged and, if the person is convicted of or pleads guilty to an offense, the sentence to be imposed upon the person relative to the conviction or guilty plea.


(B) A previous adjudication of a person as a delinquent child or juvenile traffic offender for a violation of a law or ordinance is not a conviction for a violation of the law or ordinance for purposes of determining whether the person is a repeat violent offender, as defined in section 2929.01 of the Revised Code, or whether the person should be sentenced as a repeat violent offender under division (B)(2) of section 2929.14 and section 2941.149 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2006 H 95, eff. 8-3-06; 1995 H 1, eff. 1-1-96)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.09


Effective: September 9, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.09 No duty to retreat


(A) As used in this section, “residence” and “vehicle” have the same meanings as in section 2901.05 of the Revised Code.


(B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another.



CREDIT(S)


(2008 S 184, eff. 9-9-08)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.10


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

General Provisions

2901.10 Taking life of a governor or lieutenant governor--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12407)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.11


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.11 Criminal law jurisdiction


(A) A person is subject to criminal prosecution and punishment in this state if any of the following occur:


(1) The person commits an offense under the laws of this state, any element of which takes place in this state.


(2) While in this state, the person attempts to commit, or is guilty of complicity in the commission of, an offense in another jurisdiction, which offense is an offense under both the laws of this state and the other jurisdiction, or, while in this state, the person conspires to commit an offense in another jurisdiction, which offense is an offense under both the laws of this state and the other jurisdiction, and a substantial overt act in furtherance of the conspiracy is undertaken in this state by the person or another person involved in the conspiracy, subsequent to the person's entrance into the conspiracy. In any case in which a person attempts to commit, is guilty of complicity in the commission of, or conspires to commit an offense in another jurisdiction as described in this division, the person is subject to criminal prosecution and punishment in this state for the attempt, complicity, or conspiracy, and for any resulting offense that is committed or completed in the other jurisdiction.


(3) While out of this state, the person conspires or attempts to commit, or is guilty of complicity in the commission of, an offense in this state.


(4) While out of this state, the person omits to perform a legal duty imposed by the laws of this state, which omission affects a legitimate interest of the state in protecting, governing, or regulating any person, property, thing, transaction, or activity in this state.


(5) While out of this state, the person unlawfully takes or retains property and subsequently brings any of the unlawfully taken or retained property into this state.


(6) While out of this state, the person unlawfully takes or entices another and subsequently brings the other person into this state.


(7) The person, by means of a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, causes or knowingly permits any writing, data, image, or other telecommunication to be disseminated or transmitted into this state in violation of the law of this state.


(B) In homicide, the element referred to in division (A)(1) of this section includes the act that causes death, the physical contact that causes death, the death itself, or any other element that is set forth in the offense in question. If any part of the body of a homicide victim is found in this state, the death is presumed to have occurred within this state.


(C)(1) This state includes the land and water within its boundaries and the air space above that land and water, with respect to which this state has either exclusive or concurrent legislative jurisdiction. Where the boundary between this state and another state or foreign country is disputed, the disputed territory is conclusively presumed to be within this state for purposes of this section.


(2) The courts of common pleas of Adams, Athens, Belmont, Brown, Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, Meigs, Monroe, Scioto, and Washington counties have jurisdiction beyond the north or northwest shore of the Ohio river extending to the opposite shore line, between the extended boundary lines of any adjacent counties or adjacent state. Each of those courts of common pleas has concurrent jurisdiction on the Ohio river with any adjacent court of common pleas that borders on that river and with any court of Kentucky or of West Virginia that borders on the Ohio river and that has jurisdiction on the Ohio river under the law of Kentucky or the law of West Virginia, whichever is applicable, or under federal law.


(D) When an offense is committed under the laws of this state, and it appears beyond a reasonable doubt that the offense or any element of the offense took place either in this state or in another jurisdiction or jurisdictions, but it cannot reasonably be determined in which it took place, the offense or element is conclusively presumed to have taken place in this state for purposes of this section.


(E) When a person is subject to criminal prosecution and punishment in this state for an offense committed or completed outside of this state, the person is subject to all specifications for that offense that would be applicable if the offense had been committed within this state.


(F) Any act, conduct, or element that is a basis of a person being subject under this section to criminal prosecution and punishment in this state need not be committed personally by the person as long as it is committed by another person who is in complicity or conspiracy with the person.


(G) This section shall be liberally construed, consistent with constitutional limitations, to allow this state the broadest possible jurisdiction over offenses and persons committing offenses in, or affecting, this state.


(H) For purposes of division (A)(2) of this section, an overt act is substantial when it is of a character that manifests a purpose on the part of the actor that the object of the conspiracy should be completed.


(I) As used in this section, “computer,” “computer system,” “computer network,” “information service,” “telecommunication,” “telecommunications device,” “telecommunications service,” “data,” and “writing” have the same meanings as in section 2913.01 of the Revised Code.



CREDIT(S)


(2005 S 20, eff. 7-13-05; 1998 H 565, eff. 3-30-99; 1992 S 371, eff. 1-17-93; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.12


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.12 Venue


(A) The trial of a criminal case in this state shall be held in a court having jurisdiction of the subject matter, and in the territory of which the offense or any element of the offense was committed.


(B) When the offense or any element of the offense was committed in an aircraft, motor vehicle, train, watercraft, or other vehicle, in transit, and it cannot reasonably be determined in which jurisdiction the offense was committed, the offender may be tried in any jurisdiction through which the aircraft, motor vehicle, train, watercraft, or other vehicle passed.


(C) When the offense involved the unlawful taking or receiving of property or the unlawful taking or enticing of another, the offender may be tried in any jurisdiction from which or into which the property or victim was taken, received, or enticed.


(D) When the offense is conspiracy, attempt, or complicity cognizable under division (A)(2) of section 2901.11 of the Revised Code, the offender may be tried in any jurisdiction in which the conspiracy, attempt, complicity, or any of its elements occurred. If an offense resulted outside this state from the conspiracy, attempt, or complicity, that resulting offense also may be tried in any jurisdiction in which the conspiracy, attempt, complicity, or any of the elements of the conspiracy, attempt, or complicity occurred.


(E) When the offense is conspiracy or attempt cognizable under division (A)(3) of section 2901.11 of the Revised Code, the offender may be tried in any jurisdiction in which the offense that was the object of the conspiracy or attempt, or any element of that offense, was intended to or could have taken place. When the offense is complicity cognizable under division (A)(3) of section 2901.11 of the Revised Code, the offender may be tried in any jurisdiction in which the principal offender may be tried.


(F) When an offense is considered to have been committed in this state while the offender was out of this state, and the jurisdiction in this state in which the offense or any material element of the offense was committed is not reasonably ascertainable, the offender may be tried in any jurisdiction in which the offense or element reasonably could have been committed.


(G) When it appears beyond a reasonable doubt that an offense or any element of an offense was committed in any of two or more jurisdictions, but it cannot reasonably be determined in which jurisdiction the offense or element was committed, the offender may be tried in any of those jurisdictions.


(H) When an offender, as part of a course of criminal conduct, commits offenses in different jurisdictions, the offender may be tried for all of those offenses in any jurisdiction in which one of those offenses or any element of one of those offenses occurred. Without limitation on the evidence that may be used to establish the course of criminal conduct, any of the following is prima-facie evidence of a course of criminal conduct:


(1) The offenses involved the same victim, or victims of the same type or from the same group.


(2) The offenses were committed by the offender in the offender's same employment, or capacity, or relationship to another.


(3) The offenses were committed as part of the same transaction or chain of events, or in furtherance of the same purpose or objective.


(4) The offenses were committed in furtherance of the same conspiracy.


(5) The offenses involved the same or a similar modus operandi.


(6) The offenses were committed along the offender's line of travel in this state, regardless of the offender's point of origin or destination.


(I)(1) When the offense involves a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, the offender may be tried in any jurisdiction containing any location of the computer, computer system, or computer network of the victim of the offense, in any jurisdiction from which or into which, as part of the offense, any writing, data, or image is disseminated or transmitted by means of a computer, computer system, computer network, telecommunication, telecommunications device, telecommunications service, or information service, or in any jurisdiction in which the alleged offender commits any activity that is an essential part of the offense.


(2) As used in this section, “computer,” “computer system,” “computer network,” “information service,” “telecommunication,” “telecommunications device,” “telecommunications service,” “data,” and “writing” have the same meanings as in section 2913.01 of the Revised Code.


(J) When the offense involves the death of a person, and it cannot reasonably be determined in which jurisdiction the offense was committed, the offender may be tried in the jurisdiction in which the dead person's body or any part of the dead person's body was found.


(K) Notwithstanding any other requirement for the place of trial, venue may be changed, upon motion of the prosecution, the defense, or the court, to any court having jurisdiction of the subject matter outside the county in which trial otherwise would be held, when it appears that a fair and impartial trial cannot be held in the jurisdiction in which trial otherwise would be held, or when it appears that trial should be held in another jurisdiction for the convenience of the parties and in the interests of justice.



CREDIT(S)


(2005 S 20, eff. 7-13-05; 1998 H 565, eff. 3-30-99; 1989 S 64, eff. 10-26-89; 1986 H 49; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.13


Effective: September 1, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.13 Limitation of criminal prosecutions


(A)(1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:


(a) For a felony, six years;


(b) For a misdemeanor other than a minor misdemeanor, two years;


(c) For a minor misdemeanor, six months.


(2) There is no period of limitation for the prosecution of a violation of section 2903.01 or 2903.02 of the Revised Code.


(3) Except as otherwise provided in divisions (B) to (H) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within twenty years after the offense is committed:


(a) A violation of section 2903.03, 2903.04, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a violation of section 2903.11 or 2903.12 of the Revised Code if the victim is a peace officer, a violation of section 2903.13 of the Revised Code that is a felony, or a violation of former section 2907.12 of the Revised Code;


(b) A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (A)(3)(a) of this section.


(B)(1) Except as otherwise provided in division (B)(2) of this section, if the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by the aggrieved person's legal representative who is not a party to the offense.


(2) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution for a violation of section 2913.49 of the Revised Code shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person's legal representative who is not a party to the offense.


(C)(1) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for the following offenses during the following specified periods of time:


(a) For an offense involving misconduct in office by a public servant, at any time while the accused remains a public servant, or within two years thereafter;


(b) For an offense by a person who is not a public servant but whose offense is directly related to the misconduct in office of a public servant, at any time while that public servant remains a public servant, or within two years thereafter.


(2) As used in this division:


(a) An “offense is directly related to the misconduct in office of a public servant” includes, but is not limited to, a violation of section 101.71, 101.91, 121.61 or 2921.13, division (F) or (H) of section 102.03, division (A) of section 2921.02, division (A) or (B) of section 2921.43, or division (F) or (G) of section 3517.13 of the Revised Code, that is directly related to an offense involving misconduct in office of a public servant.


(b) “Public servant” has the same meaning as in section 2921.01 of the Revised Code.


(D) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's accountability for it terminates, whichever occurs first.


(E) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process, unless reasonable diligence is exercised to execute the same.


(F) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.


(G) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this state or concealed the accused's identity or whereabouts is prima-facie evidence of the accused's purpose to avoid prosecution.


(H) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this state, even though the indictment, information, or process that commenced the prosecution is quashed or the proceedings on the indictment, information, or process are set aside or reversed on appeal.


(I) The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age shall not begin to run until either of the following occurs:


(1) The victim of the offense reaches the age of majority.


(2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.


(J) As used in this section, “peace officer” has the same meaning as in section 2935.01 of the Revised Code.



CREDIT(S)


(2008 H 46, eff. 9-1-08; 2008 S 219, eff. 7-21-08; 2006 S 17, eff. 8-3-06; 2005 S 9, eff. 4-14-06; 1998 H 49, eff. 3-9-99; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.14


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.14 to 2901.20 Unlawful administration and prescription of medicine; abortion; offenses against another--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 382; 1953 H 1; GC 12410 to 12412-1, 12416, 12417, 12428)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.15


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.14 to 2901.20 Unlawful administration and prescription of medicine; abortion; offenses against another--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 382; 1953 H 1; GC 12410 to 12412-1, 12416, 12417, 12428)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.16


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.14 to 2901.20 Unlawful administration and prescription of medicine; abortion; offenses against another--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 382; 1953 H 1; GC 12410 to 12412-1, 12416, 12417, 12428)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.17


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.14 to 2901.20 Unlawful administration and prescription of medicine; abortion; offenses against another--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 382; 1953 H 1; GC 12410 to 12412-1, 12416, 12417, 12428)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.18


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.14 to 2901.20 Unlawful administration and prescription of medicine; abortion; offenses against another--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 382; 1953 H 1; GC 12410 to 12412-1, 12416, 12417, 12428)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.19


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.14 to 2901.20 Unlawful administration and prescription of medicine; abortion; offenses against another--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 382; 1953 H 1; GC 12410 to 12412-1, 12416, 12417, 12428)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.20


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Jurisdiction, Venue, and Limitations of Prosecutions

2901.14 to 2901.20 Unlawful administration and prescription of medicine; abortion; offenses against another--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 382; 1953 H 1; GC 12410 to 12412-1, 12416, 12417, 12428)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.21


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.21 Requirements for criminal liability; voluntary intoxication


(A) Except as provided in division (B) of this section, a person is not guilty of an offense unless both of the following apply:


(1) The person's liability is based on conduct that includes either a voluntary act, or an omission to perform an act or duty that the person is capable of performing;


(2) The person has the requisite degree of culpability for each element as to which a culpable mental state is specified by the section defining the offense.


(B) When the section defining an offense does not specify any degree of culpability, and plainly indicates a purpose to impose strict criminal liability for the conduct described in the section, then culpability is not required for a person to be guilty of the offense. When the section neither specifies culpability nor plainly indicates a purpose to impose strict liability, recklessness is sufficient culpability to commit the offense.


(C) Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense. Voluntary intoxication does not relieve a person of a duty to act if failure to act constitutes a criminal offense. evidence that a person was voluntarily intoxicated may be admissible to show whether or not the person was physically capable of performing the act with which the person is charged.


(D) As used in this section:


(1) Possession is a voluntary act if the possessor knowingly procured or received the thing possessed, or was aware of the possessor's control of the thing possessed for a sufficient time to have ended possession.


(2) Reflexes, convulsions, body movements during unconsciousness or sleep, and body movements that are not otherwise a product of the actor's volition, are involuntary acts.


(3) “Culpability” means purpose, knowledge, recklessness, or negligence, as defined in section 2901.22 of the Revised Code.


(4) “Intoxication” includes, but is not limited to, intoxication resulting from the ingestion of alcohol, a drug, or alcohol and a drug.



CREDIT(S)


(2000 H 318, eff. 10-27-00; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.22


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.22 Culpable mental states


(A) A person acts purposely when it is his specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is his specific intention to engage in conduct of that nature.


(B) A person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exist.


(C) A person acts recklessly when, with heedless indifference to the consequences, he perversely disregards a known risk that his conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, he perversely disregards a known risk that such circumstances are likely to exist.


(D) A person acts negligently when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that his conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a substantial lapse from due care, he fails to perceive or avoid a risk that such circumstances may exist.


(E) When the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge, or purpose is also sufficient culpability for such element. When recklessness suffices to establish an element of an offense, then knowledge or purpose is also sufficient culpability for such element. When knowledge suffices to establish an element of an offense, then purpose is also sufficient culpability for such element.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.23


Effective: May 22, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.23 Organizational criminal liability


(A) An organization may be convicted of an offense under any of the following circumstances:


(1) The offense is a minor misdemeanor committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer's, agent's, or employee's office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.


(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer's, agent's, or employee's office or employment, except that if the section defining the offense designates the officers, agents, or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, those provisions shall apply.


(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.


(4) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated, or performed by the board of directors, trustees, partners, or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of such a board's or person's office or employment.


(B) If strict liability is imposed for the commission of an offense, a purpose to impose organizational liability shall be presumed, unless the contrary plainly appears.


(C) In a prosecution of an organization for an offense other than one for which strict liability is imposed, it is a defense that the high managerial officer, agent, or employee having supervisory responsibility over the subject matter of the offense exercised due diligence to prevent its commission. This defense is not available if it plainly appears inconsistent with the purpose of the section defining the offense.


(D) As used in this section, “organization” means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust, or other commercial or legal entity. “Organization” does not include an entity organized as or by a governmental agency for the execution of a governmental program.



CREDIT(S)


(2012 H 267, eff. 5-22-12; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.24


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.24 Personal accountability for organizational conduct


(A) An officer, agent, or employee of an organization as defined in section 2901.23 of the Revised Code may be prosecuted for an offense committed by such organization, if he acts with the kind of culpability required for the commission of the offense, and any of the following apply:


(1) In the name of the organization or in its behalf, he engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he has direct responsibility;


(2) He has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.


(B) When a person is convicted of an offense by reason of this section, he is subject to the same penalty as if he had acted in his own behalf.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.241


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.25


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.251


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.252


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.26


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.27


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.28


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.29


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Criminal Liability

2901.241 to 2901.29 Assault and battery; kidnapping; abduction--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 996; 131 v H 146; 128 v 560; 1953 H 1; GC 12423, 12424, 12427, 13386, 13386-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.30


Effective: September 12, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.30 Police handling of missing child case


(A) As used in sections 2901.30 to 2901.32 of the Revised Code:


(1) “Information” means information that can be integrated into the computer system and that relates to the physical or mental description of a minor including, but not limited to, height, weight, color of hair and eyes, use of eyeglasses or contact lenses, skin coloring, physical or mental handicaps, special medical conditions or needs, abnormalities, problems, scars and marks, and distinguishing characteristics, and other information that could assist in identifying a minor including, but not limited to, full name and nickname, date and place of birth, age, names and addresses of parents and other relatives, fingerprints, dental records, photographs, social security number, driver's license number, credit card numbers, bank account numbers, and clothing.


(2) “Minor” means a person under eighteen years of age.


(3) “Missing children” or “missing child” means either of the following:


(a) A minor who has run away from or who otherwise is missing from the home of, or the care, custody, and control of, the minor's parents, parent who is the residential parent and legal custodian, guardian, legal custodian, or other person having responsibility for the care of the minor;


(b) A minor who is missing and about whom there is reason to believe the minor could be the victim of a violation of section 2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996.


(B) When a law enforcement agency in this state that has jurisdiction in the matter is informed that a minor is or may be a missing child and that the person providing the information wishes to file a missing child report, the law enforcement agency shall take that report. Upon taking the report, the law enforcement agency shall take prompt action upon it, including, but not limited to, concerted efforts to locate the missing child. No law enforcement agency in this state shall have a rule or policy that prohibits or discourages the filing of or the taking of action upon a missing child report, within a specified period following the discovery or formulation of a belief that a minor is or could be a missing child.


(C) If a missing child report is made to a law enforcement agency in this state that has jurisdiction in the matter, the law enforcement agency shall gather readily available information about the missing child and integrate it into the national crime information center computer immediately following the making of the report. The law enforcement agency shall make reasonable efforts to acquire additional information about the missing child following the transmittal of the initially available information, and promptly integrate any additional information acquired into such computer systems.


Whenever a law enforcement agency integrates information about a missing child into the national crime information center computer, the law enforcement agency promptly shall notify the missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other person responsible for the care of the missing child, that it has so integrated the information.


The parents, parent who is the residential parent and legal custodian, guardian, legal custodian, or other person responsible for the care of the missing child shall provide available information upon request, and may provide information voluntarily, to the law enforcement agency during the information gathering process. The law enforcement agency also may obtain available information about the missing child from other persons, subject to constitutional and statutory limitations.


(D) Upon the filing of a missing child report, the law enforcement agency involved may notify the public or nonpublic school in which the missing child is or was most recently enrolled, as ascertained by the agency, that the child is the subject of a missing child report and that the child's school records are to be marked in accordance with section 3313.672 of the Revised Code.


(E) Upon the filing of a missing child report, the law enforcement agency involved promptly shall make a reasonable attempt to notify other law enforcement agencies within its county and, if the agency has jurisdiction in a municipal corporation or township that borders another county, to notify the law enforcement agency for the municipal corporation or township in the other county with which it shares the border, that it has taken a missing child report and may be requesting assistance or cooperation in the case, and provide relevant information to the other law enforcement agencies. The agency may notify additional law enforcement agencies, appropriate public children services agencies, about the case, request their assistance or cooperation in the case, and provide them with relevant information.


Upon request from a law enforcement agency, a public children services agency shall grant the law enforcement agency access to all information concerning a missing child that the agency possesses that may be relevant to the law enforcement agency in investigating a missing child report concerning that child. The information obtained by the law enforcement agency shall be used only to further the investigation to locate the missing child.


(F) Upon request, law enforcement agencies in this state shall provide assistance to, and cooperate with, other law enforcement agencies in their investigation of missing child cases. The assistance and cooperation under this paragraph shall be pursuant to any terms agreed upon by the law enforcement agencies, which may include the provision of law enforcement services or the use of law enforcement equipment or the interchange of services and equipment among the cooperating law enforcement agencies. Chapter 2744. of the Revised Code, insofar as it applies to the operation of law enforcement agencies, shall apply to the cooperating political subdivisions and to the law enforcement agency employees when they are rendering services pursuant to this paragraph outside the territory of the political subdivision by which they are employed. Law enforcement agency employees rendering services outside the territory of the political subdivision in which they are employed, pursuant to this paragraph, shall be entitled to participate in any indemnity fund established by their employer to the same extent as if they were rendering service within the territory of their employing political subdivision. Those law enforcement agency employees also shall be entitled to all the rights and benefits of Chapter 4123. of the Revised Code to the same extent as if rendering services within the territory of their employing political subdivision.


The information in any missing child report made to a law enforcement agency shall be made available, upon request, to law enforcement personnel of this state, other states, and the federal government when the law enforcement personnel indicate that the request is to aid in identifying or locating a missing child or the possible identification of a deceased minor who, upon discovery, cannot be identified.


(G) When a missing child has not been located within thirty days after the date on which the missing child report pertaining to the child was filed with a law enforcement agency, that law enforcement agency shall request the missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other person responsible for the care of the missing child, to provide written consent for the law enforcement agency to contact the missing child's dentist and request the missing child's dental records. Upon receipt of such written consent, the dentist shall release a copy of the missing child's dental records to the law enforcement agency and shall provide and encode the records in such form as requested by the law enforcement agency. The law enforcement agency then shall integrate information in the records into the national crime information center computer in order to compare the records to those of unidentified deceased persons. This division does not prevent a law enforcement agency from seeking consent to obtain copies of a missing child's dental records, or prevent a missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other person responsible for the care of the missing child, from granting consent for the release of copies of the missing child's dental records to a law enforcement agency, at any time.


(H) A missing child's parents, parent who is the residential parent and legal custodian, guardian, or legal custodian, or any other persons responsible for the care of a missing child, immediately shall notify the law enforcement agency with which they filed the missing child report whenever the child has returned to their home or to their care, custody, and control, has been released if the missing child was the victim of an offense listed in division (A)(3)(b) of this section, or otherwise has been located. Upon such notification or upon otherwise learning that a missing child has returned to the home of, or to the care, custody, and control of the missing child's parents, parent who is the residential parent and legal custodian, guardian, legal custodian, or other person responsible for the missing child's care, has been released if the missing child was the victim of an offense listed in division (A)(3)(b) of this section, or otherwise has been located, the law enforcement agency involved promptly shall integrate the fact that the minor no longer is a missing child into the national crime information center computer and shall inform any school that was notified under division (D) of this section that the minor is no longer a missing child.


(I) Nothing contained in this section shall be construed to impair the confidentiality of services provided to runaway minors by shelters for runaway minors pursuant to sections 5119.64 to 5119.68 of the Revised Code.



CREDIT(S)


(2008 H 181, eff. 9-12-08; 2008 S 87, eff. 6-20-08; 1997 H 408, eff. 10-1-97; 1995 S 2, eff. 7-1-96; 1990 S 3, eff. 4-11-91; 1984 S 321)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.31


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.31 Cooperation in national information efforts


Law enforcement agencies in this state shall cooperate fully with the United States attorney general in the collection of information that would assist in the identification of unidentified deceased persons and information that would assist in the location of missing persons under the “Federal Missing Children Act of 1982,” 96 Stat. 1259, 28 U.S.C.A. 534, as amended.


Law enforcement agencies in this state that are investigating missing children cases shall utilize the records and information compiled by the United States attorney general pursuant to that act when the circumstances of an investigation indicate that the records and information may be of assistance and when the act authorizes it.



CREDIT(S)


(1984 S 321, eff. 4-9-85)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.32


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.32 Regulation of solicitations for missing child information distribution


(A) No organization shall solicit contributions for the purpose of distributing materials containing information relating to missing children unless it complies with all of the following requirements:


(1) It has been incorporated under Chapter 1702. of the Revised Code or the nonprofit corporation law of another state for a period of two years prior to the time of the solicitation of contributions.


(2) It has been exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code of 1954, 68A Stat. 3, 26 U.S.C. 1, as now or hereafter amended, for a period of two years prior to the time of the solicitation of contributions.


(3) It does not use fund-raising counsel, professional solicitors, commercial co-venturers, or other charitable organizations, as these terms are defined in section 1716.01 of the Revised Code, to solicit such contributions.


(B) No organization that solicits contributions for the purpose of distributing materials containing information relating to missing children shall expressly state or imply in any way that it is affiliated with, or is soliciting contributions on behalf of, an organization established to assist in the location of missing children without the express written consent of that organization.


(C) Whoever violates division (A) or (B) of this section is guilty of improper solicitation of contributions for missing children, a misdemeanor of the third degree.



CREDIT(S)


(1990 H 486, eff. 11-7-90; 1984 S 321)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.33


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.34


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.35


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.36


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.37


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.38


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.39


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.40


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.33 to 2901.40 Child stealing; discrimination; libel and blackmail; abandonment of destitute, infirm, or aged parents; threats to damage property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 429, 575; 1953 H 1; GC 12425, 12429, 12940 to 12942, 13383 to 13385, 13386-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.41


Effective: April 6, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.41 Missing persons reports; written policy


(A) As used in this section and section 2901.42 of the Revised Code, “missing person” means an individual who is eighteen years of age or older, whose temporary or permanent residence is in Ohio, and who meets one of the following characteristics:


(1) The individual has a physical or mental disability.


(2) The individual is missing under circumstances indicating that the individual's safety may be in danger.


(3) The individual is missing under circumstances indicating that the individual's disappearance was not voluntary.


(B) The attorney general shall publish and distribute to all law enforcement agencies in this state a best practices protocol for addressing reports of missing persons. Upon receipt of the best practices protocol from the attorney general, each law enforcement agency in this state shall develop and adopt a written policy establishing reasonable procedures to be followed by the law enforcement agency when the agency is informed that a person is or may be a missing person.


(C) After a law enforcement agency adopts a written policy as required by division (B) of this section, the peace officers that are employed by that agency shall make a good faith effort to follow the procedures contained in the policy.


(D) The requirements of this section do not create a private cause of action for damages against the state or any law enforcement agency, political subdivision, peace officer, or other person who fails to comply with the requirements of this section.



CREDIT(S)


(2006 H 571, eff. 4-5-07)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.42


Effective: June 20, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Missing Children and Persons

2901.42 Missing persons report; evidence of foul play


(A) If a law enforcement agency receives an initial report or receives additional information for the report that a person who is at least eighteen but less than twenty-one years of age is missing, the law enforcement agency shall make available through the national crime information center all information contained in the report immediately after the law enforcement agency receives the report or additional information.


(B)(1) If a law enforcement agency receives a report that a person who is twenty-one years of age or older is missing and if there is evidence that the person was a victim of foul play at the time the victim is reported missing, the law enforcement agency shall make available through the national crime information center all information contained in the report not later than seven days after the law enforcement agency receives the report. If there is no evidence that the person was a victim of foul play, and no evidence to the contrary is received, the law enforcement agency shall make the information available through the national crime information center not later than thirty days after receiving the report that the person is missing.


(2) If a law enforcement agency receives a report that a person who is twenty-one years of age or older is missing and there is no evidence of foul play at the time the agency receives the report and if the agency discovers after the law enforcement agency receives the report but before the end of the seven-day period under division (B)(1) of this section evidence that the person who is missing was a victim of foul play, the law enforcement agency shall make available through the national crime information center all information contained in the report by the end of that seven-day period. If a law enforcement agency receives a report that a person who is twenty-one years of age or older is missing and there is no evidence of foul play at the time the agency receives the report and if the agency discovers after the end of the seven-day period under division (B)(1) of this section evidence that the person who is missing was a victim of foul play, the law enforcement agency shall make available through the national crime information center all information contained in the report not later than forty-eight hours after discovering the evidence that the person was a victim of foul play.


(C) If a law enforcement agency pursuant to divisions (A) and (B) of this section made available through the national crime information center information contained in a report that a person is missing and the missing person is found, the agency shall promptly remove that information from the law enforcement automated data system.


(D) As used in this section, indicators that a person was a victim of “foul play” include, but are not limited to, evidence that the person's home or car is in disarray, evidence of a struggle between the person and another person, or evidence a law enforcement agency determines to be foul play through the written policy the law enforcement agency develops and adopts pursuant to division (B) of section 2901.41 of the Revised Code.



CREDIT(S)


(2008 S 87, eff. 6-20-08; 2006 H 571, eff. 4-5-07)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.43


Effective: May 13, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Miscellaneous Provisions

2901.43 Notice when retirement system participant charged with felony


(A)(1) As used in this section:


(a) “Public retirement system,” “alternative retirement plan,” and “prosecutor” have the same meanings as in section 2907.15 of the Revised Code.


(b) “Position of honor, trust, or profit” has the same meaning as in section 2929.192 of the Revised Code.


(2) For purposes of divisions (B) and (C) of this section, a violation of section 2923.32 of the Revised Code or any other violation or offense that includes as an element a course of conduct or the occurrence of multiple acts is “committed on or after the effective date of this section” if the course of conduct continues, one or more of the multiple acts occurs, or the subject person's accountability for the course of conduct or for one or more of the multiple acts continues, on or after the effective date of this section.


(B) Upon the filing of charges against a person alleging that the person committed on or after the effective date of this section any violation or offense specified in division (C) of this section, if the person allegedly committed the violation or offense while serving in a position of honor, trust, or profit and if the person is an electing employee participating in an alternative retirement plan or a member of a public retirement system, the prosecutor who is assigned the case shall send written notice that those charges have been filed against that person to the alternative retirement plan in which the person is a participant or the public retirement system in which the person is a member, whichever is applicable. The written notice shall specifically identify the person charged.


(C) Division (B) of this section applies when a person is charged with committing on or after the effective date of this section any offense or violation listed or described in divisions (D)(1) to (3) of section 2929.192 of the Revised Code that is a felony, in the circumstances specified in the particular division.



CREDIT(S)


(2008 S 3, eff. 5-13-08)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.431


Effective: January 7, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Miscellaneous Provisions

2901.431 Notice upon filing of felony charges against member of public employees retirement system


On the filing of charges against a person who is a member of the public employees retirement system alleging that the person committed a felony on or after the effective date of this section, the prosecutor assigned to the case shall send written notice to the retirement system that the charges have been filed. The notice shall specifically identify the person.


For purposes of this section, a violation or offense that includes as an element a course of conduct or the occurrence of multiple acts is committed on or after the effective date of this section if the course of conduct continues, one or more of the multiple acts occurs, or the person's accountability for the course of conduct or one or more of the multiple acts continues on or after that date.



CREDIT(S)


(2012 S 343, eff. 1-7-13)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.44


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Miscellaneous Provisions

2901.44 Threat of damage to building or other real or personal property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 703)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2901.45


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2901. General Provisions

Miscellaneous Provisions

2901.45 Adulterating candy or food--Repealed



CREDIT(S)


(1973 H 716, eff. 1-1-74; 1972 S 538)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.01


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.01 Aggravated murder


(A) No person shall purposely, and with prior calculation and design, cause the death of another or the unlawful termination of another's pregnancy.


(B) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit, kidnapping, rape, aggravated arson, arson, aggravated robbery, robbery, aggravated burglary, burglary, trespass in a habitation when a person is present or likely to be present, terrorism, or escape.


(C) No person shall purposely cause the death of another who is under thirteen years of age at the time of the commission of the offense.


(D) No person who is under detention as a result of having been found guilty of or having pleaded guilty to a felony or who breaks that detention shall purposely cause the death of another.


(E) No person shall purposely cause the death of a law enforcement officer whom the offender knows or has reasonable cause to know is a law enforcement officer when either of the following applies:


(1) The victim, at the time of the commission of the offense, is engaged in the victim's duties.


(2) It is the offender's specific purpose to kill a law enforcement officer.


(F) Whoever violates this section is guilty of aggravated murder, and shall be punished as provided in section 2929.02 of the Revised Code.


(G) As used in this section:


(1) “Detention” has the same meaning as in section 2921.01 of the Revised Code.


(2) “Law enforcement officer” has the same meaning as in section 2911.01 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2002 S 184, eff. 5-15-02; 1998 S 193, eff. 12-29-98; 1998 H 5, eff. 6-30-98; 1997 S 32, eff. 8-6-97; 1996 S 239, eff. 9-6-96; 1981 S 1, eff. 10-19-81; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.02


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.02 Murder


(A) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy.


(B) No person shall cause the death of another as a proximate result of the offender's committing or attempting to commit an offense of violence that is a felony of the first or second degree and that is not a violation of section 2903.03 or 2903.04 of the Revised Code.


(C) Division (B) of this section does not apply to an offense that becomes a felony of the first or second degree only if the offender previously has been convicted of that offense or another specified offense.


(D) Whoever violates this section is guilty of murder, and shall be punished as provided in section 2929.02 of the Revised Code.



CREDIT(S)


(1998 H 5, eff. 6-30-98; 1996 S 239, eff. 9-6-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.03


Effective: March 22, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.03 Voluntary manslaughter


(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death of another or the unlawful termination of another's pregnancy.


(B) No person, with a sexual motivation, shall violate division (A) of this section.


(C) Whoever violates this section is guilty of voluntary manslaughter, a felony of the first degree.


(D) As used in this section, “sexual motivation” has the same meaning as in section 2971.01 of the Revised Code.



CREDIT(S)


(2012 S 160, eff. 3-22-13; 1996 S 239, eff. 9-6-96; 1995 S 2, eff. 7-1-96; 1982 H 269, § 4, eff. 7-1-83; 1982 S 199, H 103; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.04


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.04 Involuntary manslaughter


(A) No person shall cause the death of another or the unlawful termination of another's pregnancy as a proximate result of the offender's committing or attempting to commit a felony.


(B) No person shall cause the death of another or the unlawful termination of another's pregnancy as a proximate result of the offender's committing or attempting to commit a misdemeanor of any degree, a regulatory offense, or a minor misdemeanor other than a violation of any section contained in Title XLV of the Revised Code that is a minor misdemeanor and other than a violation of an ordinance of a municipal corporation that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any section contained in Title XLV of the Revised Code that is a minor misdemeanor.


(C) Whoever violates this section is guilty of involuntary manslaughter. Violation of division (A) of this section is a felony of the first degree. Violation of division (B) of this section is a felony of the third degree.


(D) If an offender is convicted of or pleads guilty to a violation of division (A) or (B) of this section and if the felony, misdemeanor, or regulatory offense that the offender committed or attempted to commit, that proximately resulted in the death of the other person or the unlawful termination of another's pregnancy, and that is the basis of the offender's violation of division (A) or (B) of this section was a violation of division (A) or (B) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance or included, as an element of that felony, misdemeanor, or regulatory offense, the offender's operation or participation in the operation of a snowmobile, locomotive, watercraft, or aircraft while the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, both of the following apply:


(1) The court shall impose a class one suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege as specified in division (A)(1) of section 4510.02 of the Revised Code.


(2) The court shall impose a mandatory prison term for the violation of division (A) or (B) of this section from the range of prison terms authorized for the level of the offense under section 2929.14 of the Revised Code.



CREDIT(S)


(2002 S 123, eff. 1-1-04; 1999 S 107, eff. 3-23-00; 1996 S 269, eff. 7-1-96; 1996 S 239, eff. 9-6-96; 1995 S 2, eff. 7-1-96; 1994 H 236, eff. 9-29-94; 1993 S 62, § 4, eff. 9-1-93; 1992 S 275; 1982 H 269, § 4, S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.041


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.041 Reckless homicide


(A) No person shall recklessly cause the death of another or the unlawful termination of another's pregnancy.


(B) Whoever violates this section is guilty of reckless homicide, a felony of the third degree.



CREDIT(S)


(1999 H 37, eff. 9-29-99)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.05


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.05 Negligent homicide


(A) No person shall negligently cause the death of another or the unlawful termination of another's pregnancy by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code.


(B) Whoever violates this section is guilty of negligent homicide, a misdemeanor of the first degree.



CREDIT(S)


(1996 S 239, eff. 9-6-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.06


Effective: April 7, 2009


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.06 Aggravated vehicular homicide; vehicular homicide; vehicular manslaughter; effect of prior convictions; penalties


(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another's pregnancy in any of the following ways:


(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;


(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;


(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance.


(2) In one of the following ways:


(a) Recklessly;


(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (F) of this section.


(3) In one of the following ways:


(a) Negligently;


(b) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person whose death is caused or whose pregnancy is unlawfully terminated is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (F) of this section.


(4) As the proximate result of committing a violation of any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor or of a municipal ordinance that, regardless of the penalty set by ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV of the Revised Code that is a minor misdemeanor.


(B)(1) Whoever violates division (A)(1) or (2) of this section is guilty of aggravated vehicular homicide and shall be punished as provided in divisions (B)(2) and (3) of this section.


(2)(a) Except as otherwise provided in division (B)(2)(b) or (c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the second degree and the court shall impose a mandatory prison term on the offender as described in division (E) of this section.


(b) Except as otherwise provided in division (B)(2)(c) of this section, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall impose a mandatory prison term on the offender as described in division (E) of this section, if any of the following apply:


(i) At the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code.


(ii) The offender previously has been convicted of or pleaded guilty to a violation of this section.


(iii) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.


(c) Aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree, and the court shall sentence the offender to a mandatory prison term as provided in section 2929.142 of the Revised Code and described in division (E) of this section if any of the following apply:


(i) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.


(ii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.


(iii) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.


(iv) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of this section within the previous six years.


(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code within the previous six years.


(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code within the previous six years in circumstances in which division (D) of that section applied regarding the violations.


(vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv), (v), or (vi) of this section within the previous six years.


(viii) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.


(d) In addition to any other sanctions imposed pursuant to division (B)(2)(a), (b), or (c) of this section for aggravated vehicular homicide committed in violation of division (A)(1) of this section, the court shall impose upon the offender a class one suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(1) of section 4510.02 of the Revised Code.


(3) Except as otherwise provided in this division, aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the third degree. Aggravated vehicular homicide committed in violation of division (A)(2) of this section is a felony of the second degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory prison term on the offender when required by division (E) of this section.


In addition to any other sanctions imposed pursuant to this division for a violation of division (A)(2) of this section, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class one suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(1) of that section.


(C) Whoever violates division (A)(3) of this section is guilty of vehicular homicide. Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. Vehicular homicide committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense. The court shall impose a mandatory jail term or a mandatory prison term on the offender when required by division (E) of this section.


In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code, or, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of that section, or, if the offender previously has been convicted of or pleaded guilty to a traffic-related murder, felonious assault, or attempted murder offense, a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of that section.


(D) Whoever violates division (A)(4) of this section is guilty of vehicular manslaughter. Except as otherwise provided in this division, vehicular manslaughter is a misdemeanor of the second degree. Vehicular manslaughter is a misdemeanor of the first degree if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.


In addition to any other sanctions imposed pursuant to this division, the court shall impose upon the offender a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or a traffic-related murder, felonious assault, or attempted murder offense, a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of that section.


(E) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(1) of this section. If division (B)(2)(c)(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) of this section applies to an offender who is convicted of or pleads guilty to the violation of division (A)(1) of this section, the court shall impose the mandatory prison term pursuant to section 2929.142 of the Revised Code. The court shall impose a mandatory jail term of at least fifteen days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3)(b) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code. The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(2) or (3)(a) of this section or a felony violation of division (A)(3)(b) of this section if either of the following applies:


(1) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.08 of the Revised Code.


(2) At the time of the offense, the offender was driving under suspension or cancellation under Chapter 4510. or any other provision of the Revised Code or was operating a motor vehicle or motorcycle, did not have a valid driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege, and was not eligible for renewal of the offender's driver's license or commercial driver's license without examination under section 4507.10 of the Revised Code.


(F) Divisions (A)(2)(b) and (3)(b) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of this section in that construction zone or the prosecution of any person who violates any of those divisions in that construction zone.


(G)(1) As used in this section:


(a) “Mandatory prison term” and “mandatory jail term” have the same meanings as in section 2929.01 of the Revised Code.


(b) “Traffic-related homicide, manslaughter, or assault offense” means a violation of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applies, a violation of section 2903.06 or 2903.08 of the Revised Code, or a violation of section 2903.06, 2903.07, or 2903.08 of the Revised Code as they existed prior to March 23, 2000.


(c) “Construction zone” has the same meaning as in section 5501.27 of the Revised Code.


(d) “Reckless operation offense” means a violation of section 4511.20 of the Revised Code or a municipal ordinance substantially equivalent to section 4511.20 of the Revised Code.


(e) “Speeding offense” means a violation of section 4511.21 of the Revised Code or a municipal ordinance pertaining to speed.


(f) “Traffic-related murder, felonious assault, or attempted murder offense” means a violation of section 2903.01 or 2903.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of division (A)(2) of section 2903.11 of the Revised Code in circumstances in which the deadly weapon used in the commission of the violation is a motor vehicle, or an attempt to commit aggravated murder or murder in violation of section 2923.02 of the Revised Code in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.


(g) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code.


(2) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.



CREDIT(S)


(2008 H 215, eff. 4-7-09; 2006 H 461, eff. 4-4-07; 2004 H 52, eff. 6-1-04; 2003 H 50, § 4, eff. 1-1-04; 2003 H 50, § 1, eff. 10-21-03; 2002 S 123, eff. 1-1-04; 1999 S 107, eff. 3-23-00; 1996 S 269, eff. 7-1-96; 1996 S 239, eff. 9-6-96; 1995 S 2, eff. 7-1-96; 1993 S 62, § 4, eff. 9-1-93; 1992 S 275; 1990 S 131; 1989 S 49, H 381; 1986 S 262, H 428, S 356, H 265; 1982 S 432; 1973 H 716; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.07


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.07 Vehicular homicide; effects upon penalties of being under influence of alcohol or drug of abuse; repeat offenders--Repealed



CREDIT(S)


(1999 S 107, eff. 3-23-00; 1999 H 61, eff. 8-25-99; 1996 S 269, eff. 7-1-96; 1996 S 239, eff. 9-6-96; 1995 S 2, eff. 7-1-96; 1993 S 62, § 4, eff. 9-1-93; 1992 S 275; 1990 S 131; 1989 H 381; 1986 S 262, H 428, S 356, H 265; 1982 S 432; 1973 H 716; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.08


Effective: April 4, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.08 Aggravated vehicular assault; enhancement of penalty; prior convictions; penalties


(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another's unborn in any of the following ways:


(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;


(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;


(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance.


(2) In one of the following ways:


(a) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender's commission of the reckless operation offense in the construction zone and does not apply as described in division (E) of this section;


(b) Recklessly.


(3) As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender's commission of the speeding offense in the construction zone and does not apply as described in division (E) of this section.


(B)(1) Whoever violates division (A)(1) of this section is guilty of aggravated vehicular assault. Except as otherwise provided in this division, aggravated vehicular assault is a felony of the third degree. Aggravated vehicular assault is a felony of the second degree if any of the following apply:


(a) At the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code.


(b) The offender previously has been convicted of or pleaded guilty to a violation of this section.


(c) The offender previously has been convicted of or pleaded guilty to any traffic-related homicide, manslaughter, or assault offense.


(d) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or a substantially equivalent municipal ordinance within the previous six years.


(e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.


(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.


(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.


(h) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.


(2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section, except as otherwise provided in this division, the court shall impose upon the offender a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code. If the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, the court shall impose either a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(2) of that section or a class one suspension as specified in division (A)(1) of that section.


(C)(1) Whoever violates division (A)(2) or (3) of this section is guilty of vehicular assault and shall be punished as provided in divisions (C)(2) and (3) of this section.


(2) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(2) of this section is a felony of the fourth degree. Vehicular assault committed in violation of division (A)(2) of this section is a felony of the third degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code, if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense, or if, in the same course of conduct that resulted in the violation of division (A)(2) of this section, the offender also violated section 4549.02, 4549.021, or 4549.03 of the Revised Code.


In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of that section.


(3) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(3) of this section is a misdemeanor of the first degree. Vehicular assault committed in violation of division (A)(3) of this section is a felony of the fourth degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.


In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code.


(D)(1) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(1) of this section.


(2) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of division (A)(2) of this section or a felony violation of division (A)(3) of this section if either of the following applies:


(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.06 of the Revised Code.


(b) At the time of the offense, the offender was driving under suspension under Chapter 4510. or any other provision of the Revised Code.


(3) The court shall impose a mandatory jail term of at least seven days on an offender who is convicted of or pleads guilty to a misdemeanor violation of division (A)(3) of this section and may impose upon the offender a longer jail term as authorized pursuant to section 2929.24 of the Revised Code.


(E) Divisions (A)(2)(a) and (3) of this section do not apply in a particular construction zone unless signs of the type described in section 2903.081 of the Revised Code are erected in that construction zone in accordance with the guidelines and design specifications established by the director of transportation under section 5501.27 of the Revised Code. The failure to erect signs of the type described in section 2903.081 of the Revised Code in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1) or (2)(b) of this section in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone.


(F) As used in this section:


(1) “Mandatory prison term” and “mandatory jail term” have the same meanings as in section 2929.01 of the Revised Code.


(2) “Traffic-related homicide, manslaughter, or assault offense” and “traffic-related murder, felonious assault, or attempted murder offense” have the same meanings as in section 2903.06 of the Revised Code.


(3) “Construction zone” has the same meaning as in section 5501.27 of the Revised Code.


(4) “Reckless operation offense” and “speeding offense” have the same meanings as in section 2903.06 of the Revised Code.


(G) For the purposes of this section, when a penalty or suspension is enhanced because of a prior or current violation of a specified law or a prior or current specified offense, the reference to the violation of the specified law or the specified offense includes any violation of any substantially equivalent municipal ordinance, former law of this state, or current or former law of another state or the United States.



CREDIT(S)


(2006 H 461, eff. 4-4-07; 2004 H 163, eff. 9-23-04; 2004 H 52, eff. 6-1-04; 2003 H 50, § 4, eff. 1-1-04; 2003 H 50, § 1, eff. 10-21-03; 2002 S 123, eff. 1-1-04; 1999 S 107, eff. 3-23-00; 1996 S 269, eff. 7-1-96; 1996 S 239, eff. 9-6-96; 1995 S 2, eff. 7-1-96; 1994 H 236, eff. 9-29-94; 1993 S 62, § 4, eff. 9-1-93; 1992 S 275; 1990 S 131)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.081


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.081 Signs in construction zones to provide notice to motorists of prohibitions regarding reckless operation or speeding offense in construction zones


(A) As used in this section:


(1) “Construction zone” has the same meaning as in section 5501.27 of the Revised Code.


(2) “Reckless operation offense” and “speeding offense” have the same meanings as in section 2903.06 of the Revised Code.


(B) The director of transportation, board of county commissioners, or board of township trustees shall cause signs to be erected in construction zones notifying motorists of the prohibitions set forth in sections 2903.06 and 2903.08 of the Revised Code regarding the death of or injury to any person in the construction zone as a proximate result of a reckless operation offense or speeding offense in the construction zone. The prohibitions set forth in divisions (A)(2)(b) and (3)(b) of section 2903.06 and divisions (A)(2)(a) and (3) of section 2903.08 of the Revised Code apply to persons who commit a reckless operation offense or speeding offense in a particular construction zone only when signs of that nature are erected in that construction zone in accordance with the guidelines and design specifications established by the director under section 5501.27 of the Revised Code. The failure to erect signs of that nature in a particular construction zone in accordance with those guidelines and design specifications does not limit or affect the application of division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of section 2903.06 or division (A)(1) or (2)(b) of section 2903.08 of the Revised Code in that construction zone or the prosecution of any person who violates either of those divisions in that construction zone.



CREDIT(S)


(2004 H 52, eff. 6-1-04)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.09


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Homicide

2903.09 “Unlawful termination of another's pregnancy”, “another's unborn”, and “such other person's unborn” defined


As used in sections 2903.01 to 2903.08, 2903.11 to 2903.14, 2903.21, and 2903.22 of the Revised Code:


(A) “Unlawful termination of another's pregnancy” means causing the death of an unborn member of the species homo sapiens, who is or was carried in the womb of another, as a result of injuries inflicted during the period that begins with fertilization and that continues unless and until live birth occurs.


(B) “Another's unborn” or “such other person's unborn” means a member of the species homo sapiens, who is or was carried in the womb of another, during a period that begins with fertilization and that continues unless and until live birth occurs.


(C) Notwithstanding divisions (A) and (B) of this section, in no case shall the definitions of the terms “unlawful termination of another's pregnancy,” “another's unborn,” and “such other person's unborn” that are set forth in division (A) of this section be applied or construed in any of the following manners:


(1) Except as otherwise provided in division (C)(1) of this section, in a manner so that the offense prohibits or is construed as prohibiting any pregnant woman or her physician from performing an abortion with the actual consent of the pregnant woman, with the consent of the pregnant woman implied by law in a medical emergency, or with the approval of one otherwise authorized by law to consent to medical treatment on behalf of the pregnant woman. An abortion that violates the conditions described in the immediately preceding sentence may be punished as a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code, as applicable. An abortion that does not violate the conditions described in the second immediately preceding sentence, but that does violate section 2919.12, division (B) of section 2919.13, or section 2919.151, 2919.17, or 2919.18 of the Revised Code, may be punished as a violation of section 2919.12, division (B) of section 2919.13, or section 2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.


(2) In a manner so that the offense is applied or is construed as applying to a woman based on an act or omission of the woman that occurs while she is or was pregnant and that results in any of the following:


(a) Her delivery of a stillborn baby;


(b) Her causing, in any other manner, the death in utero of an unborn that she is carrying;


(c) Her causing the death of her child who is born alive but who dies from one or more injuries that are sustained while the child is an unborn;


(d) Her causing her child who is born alive to sustain one or more injuries while the child is an unborn;


(e) Her causing, threatening to cause, or attempting to cause, in any other manner, an injury, illness, or other physiological impairment, regardless of its duration or gravity, or a mental illness or condition, regardless of its duration or gravity, to an unborn that she is carrying.



CREDIT(S)


(2000 H 351, eff. 8-18-00; 1999 S 107, eff. 3-23-00; 1996 S 239, eff. 9-6-96)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.10


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Assault

2903.10 Definitions


As used in sections 2903.13 and 2903.16 of the Revised Code:


(A) “Functionally impaired person” means any person who has a physical or mental impairment that prevents him from providing for his own care or protection or whose infirmities caused by aging prevent him from providing for his own care or protection.


(B) “Caretaker” means a person who assumes the duty to provide for the care and protection of a funtionally [sic.] impaired person on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. “Caretaker” does not include a person who owns, operates, or administers, or who is an agent or employee of, a care facility, as defined in section 2903.33 of the Revised Code.



CREDIT(S)


(1988 H 642, eff. 3-17-89)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.11


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Assault

2903.11 Felonious assault


(A) No person shall knowingly do either of the following:


(1) Cause serious physical harm to another or to another's unborn;


(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.


(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:


(1) Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;


(2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;


(3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.


(C) The prosecution of a person under this section does not preclude prosecution of that person under section 2907.02 of the Revised Code.


(D)(1)(a) Whoever violates this section is guilty of felonious assault. Except as otherwise provided in this division or division (D)(1)(b) of this section, felonious assault is a felony of the second degree. If the victim of a violation of division (A) of this section is a peace officer or an investigator of the bureau of criminal identification and investigation, felonious assault is a felony of the first degree.


(b) Regardless of whether the felonious assault is a felony of the first or second degree under division (D)(1)(a) of this section, if the offender also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, except as otherwise provided in this division or unless a longer prison term is required under any other provision of law, the court shall sentence the offender to a mandatory prison term as provided in division (B)(8) of section 2929.14 of the Revised Code. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, felonious assault is a felony of the first degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.


(2) In addition to any other sanctions imposed pursuant to division (D)(1) of this section for felonious assault committed in violation of division (A)(2) of this section, if the deadly weapon used in the commission of the violation is a motor vehicle, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code.


(E) As used in this section:


(1) “Deadly weapon” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code.


(2) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code.


(3) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.


(4) “Sexual conduct” has the same meaning as in section 2907.01 of the Revised Code, except that, as used in this section, it does not include the insertion of an instrument, apparatus, or other object that is not a part of the body into the vaginal or anal opening of another, unless the offender knew at the time of the insertion that the instrument, apparatus, or other object carried the offender's bodily fluid.


(5) “Investigator of the bureau of criminal identification and investigation” means an investigator of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under section 109.541 of the Revised Code.


(6) “Investigator” has the same meaning as in section 109.541 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2008 H 280, eff. 4-7-09; 2006 H 461, eff. 4-4-07; 2006 H 347, eff. 3-14-07; 2006 H 95, eff. 8-3-06; 1999 H 100, eff. 3-23-00; 1999 S 142, eff. 2-3-00; 1996 S 239, eff. 9-6-96; 1995 S 2, eff. 7-1-96; 1983 S 210, eff. 7-1-83; 1982 H 269, S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.12


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Assault

2903.12 Aggravated assault


(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:


(1) Cause serious physical harm to another or to another's unborn;


(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.


(B) Whoever violates this section is guilty of aggravated assault. Except as otherwise provided in this division, aggravated assault is a felony of the fourth degree. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, aggravated assault is a felony of the third degree. Regardless of whether the offense is a felony of the third or fourth degree under this division, if the offender also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, except as otherwise provided in this division, the court shall sentence the offender to a mandatory prison term as provided in division (B)(8) of section 2929.14 of the Revised Code. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, aggravated assault is a felony of the third degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree.


(C) As used in this section:


(1) “Investigator of the bureau of criminal identification and investigation” has the same meaning as in section 2903.11 of the Revised Code.


(2) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2008 H 280, eff. 4-7-09; 2006 H 347, eff. 3-14-07; 1999 S 142, eff. 2-3-00; 1996 S 239, eff. 9-6-96; 1984 H 37, eff. 6-22-84; 1983 S 210; 1982 H 269, S 199, H 103; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.13


Effective: March 22, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Assault

2903.13 Assault


(A) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.


(B) No person shall recklessly cause serious physical harm to another or to another's unborn.


(C)(1) Whoever violates this section is guilty of assault, and the court shall sentence the offender as provided in this division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8), and (9) of this section. Except as otherwise provided in division (C) (2), (3), (4), (5), (6), (7), or (8) of this section, assault is a misdemeanor of the first degree.


(2) Except as otherwise provided in this division, if the offense is committed by a caretaker against a functionally impaired person under the caretaker's care, assault is a felony of the fourth degree. If the offense is committed by a caretaker against a functionally impaired person under the caretaker's care, if the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.11 or 2903.16 of the Revised Code, and if in relation to the previous conviction the offender was a caretaker and the victim was a functionally impaired person under the offender's care, assault is a felony of the third degree.


(3) If the offense is committed in any of the following circumstances, assault is a felony of the fifth degree:


(a) The offense occurs in or on the grounds of a state correctional institution or an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department or is on the premises of the particular institution for business purposes or as a visitor, and the offense is committed by a person incarcerated in the state correctional institution, by a person institutionalized in the department of youth services institution pursuant to a commitment to the department of youth services, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.


(b) The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person's being charged with or convicted of any crime, or subsequent to the person's being alleged to be or adjudicated a delinquent child.


(c) The offense occurs off the grounds of a state correctional institution and off the grounds of an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a state correctional institution or institutionalized in the department of youth services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.


(d) The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee's official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person's arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.


(e) The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus, or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim's employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises.


(4) If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties, assault is a felony of the fourth degree.


(5) If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation and if the victim suffered serious physical harm as a result of the commission of the offense, assault is a felony of the fourth degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the fourth degree that is at least twelve months in duration.


(6) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, assault is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.


(7) If the victim of the offense is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital whom the offender knows or has reasonable cause to know is a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital, if the victim is engaged in the performance of the victim's duties, and if the hospital offers de-escalation or crisis intervention training for such professionals, workers, or officers, assault is one of the following:


(a) Except as otherwise provided in division (C)(7)(b) of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. Notwithstanding the fine specified in division (A)(2)(b) of section 2929.28 of the Revised Code for a misdemeanor of the first degree, in sentencing the offender under this division and if the court decides to impose a fine, the court may impose upon the offender a fine of not more than five thousand dollars.


(b) If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against hospital personnel, assault committed in the specified circumstances is a felony of the fifth degree.


(8) If the victim of the offense is a judge, magistrate, prosecutor, or court official or employee whom the offender knows or has reasonable cause to know is a judge, magistrate, prosecutor, or court official or employee, and if the victim is engaged in the performance of the victim's duties, assault is one of the following:


(a) Except as otherwise provided in division (C)(7)(b) of this section, assault committed in the specified circumstances is a misdemeanor of the first degree. In sentencing the offender under this division, if the court decides to impose a fine, notwithstanding the fine specified in division (A)(2)(b) of section 2929.28 of the Revised Code for a misdemeanor of the first degree, the court may impose upon the offender a fine of not more than five thousand dollars.


(b) If the offender previously has been convicted of or pleaded guilty to one or more assault or homicide offenses committed against justice system personnel, assault committed in the specified circumstances is a felony of the fifth degree.


(9) If an offender who is convicted of or pleads guilty to assault when it is a misdemeanor also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory jail term as provided in division (G) of section 2929.24 of the Revised Code.


If an offender who is convicted of or pleads guilty to assault when it is a felony also is convicted of or pleads guilty to a specification as described in section 2941.1423 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, except as otherwise provided in division (C)(5) of this section, the court shall sentence the offender to a mandatory prison term as provided in division (B)(8) of section 2929.14 of the Revised Code.


(D) As used in this section:


(1) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.


(2) “Firefighter” has the same meaning as in section 3937.41 of the Revised Code.


(3) “Emergency medical service” has the same meaning as in section 4765.01 of the Revised Code.


(4) “Local correctional facility” means a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail established under section 341.23 or 753.21 of the Revised Code, or another county, multicounty, municipal, municipal-county, or multicounty-municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child.


(5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility.


(6) “School teacher or administrator” means either of the following:


(a) A person who is employed in the public schools of the state under a contract described in section 3311.77 or 3319.08 of the Revised Code in a position in which the person is required to have a certificate issued pursuant to sections 3319.22 to 3319.311 of the Revised Code.


(b) A person who is employed by a nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code and who is certificated in accordance with section 3301.071 of the Revised Code.


(7) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code.


(8) “Escorted visit” means an escorted visit granted under section 2967.27 of the Revised Code.


(9) “Post-release control” and “transitional control” have the same meanings as in section 2967.01 of the Revised Code.


(10) “Investigator of the bureau of criminal identification and investigation” has the same meaning as in section 2903.11 of the Revised Code.


(11) “Health care professional” and “health care worker” have the same meanings as in section 2305.234 of the Revised Code.


(12) “Assault or homicide offense committed against hospital personnel” means a violation of this section or of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or 2903.14 of the Revised Code committed in circumstances in which all of the following apply:


(a) The victim of the offense was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital.


(b) The offender knew or had reasonable cause to know that the victim was a health care professional of a hospital, a health care worker of a hospital, or a security officer of a hospital.


(c) The victim was engaged in the performance of the victim's duties.


(d) The hospital offered de-escalation or crisis intervention training for such professionals, workers, or officers.


(13) “De-escalation or crisis intervention training” means de-escalation or crisis intervention training for health care professionals of a hospital, health care workers of a hospital, and security officers of a hospital to facilitate interaction with patients, members of a patient's family, and visitors, including those with mental impairments.


(14) “Assault or homicide offense committed against justice system personnel” means a violation of this section or of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or 2903.14 of the Revised Code committed in circumstances in which the victim of the offense was a judge, magistrate, prosecutor, or court official or employee whom the offender knew or had reasonable cause to know was a judge, magistrate, prosecutor, or court official or employee, and the victim was engaged in the performance of the victim's duties.


(15) “Court official or employee” means any official or employee of a court created under the constitution or statutes of this state or of a United States court located in this state.


(16) “Judge” means a judge of a court created under the constitution or statutes of this state or of a United States court located in this state.


(17) “Magistrate” means an individual who is appointed by a court of record of this state and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40, or an individual who is appointed by a United States court located in this state who has similar powers and functions.


(18) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code.


(19)(a) “Hospital” means, subject to division (D)(19)(b) of this section, an institution classified as a hospital under section 3701.01 of the Revised Code in which are provided to patients diagnostic, medical, surgical, obstetrical, psychiatric, or rehabilitation care or a hospital operated by a health maintenance organization.


(b) “Hospital” does not include any of the following:


(i) A facility licensed under Chapter 3721. of the Revised Code, a health care facility operated by the department of mental health or the department of developmental disabilities, a health maintenance organization that does not operate a hospital, or the office of any private, licensed health care professional, whether organized for individual or group practice;


(ii) An institution for the sick that is operated exclusively for patients who use spiritual means for healing and for whom the acceptance of medical care is inconsistent with their religious beliefs, accredited by a national accrediting organization, exempt from federal income taxation under section 501 of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S. C. 1, as amended, and providing twenty-four-hour nursing care pursuant to the exemption in division (E) of section 4723.32 of the Revised Code from the licensing requirements of Chapter 4723. of the Revised Code.


(20) “Health maintenance organization” has the same meaning as in section 3727.01 of the Revised Code.



CREDIT(S)


(2012 H 62, eff. 3-22-13; 2012 H 525, eff. 10-1-12; 2011 H 86, eff. 9-30-11; 2008 H 280, eff. 4-7-09; 2006 H 347, eff. 3-14-07; 2002 H 490, eff. 1-1-04; 2000 H 412, eff. 4-10-01; 1999 S 142, eff. 2-3-00; 1999 S 1, eff. 8-6-99; 1997 S 111, eff. 3-17-98; 1997 H 106, eff. 11-21-97; 1996 H 480, eff. 10-16-96; 1996 S 239, eff. 9-6-96; 1995 S 2, eff. 7-1-96; 1994 H 571, eff. 10-6-94; 1994 S 116, eff. 9-29-94; 1992 H 561, eff. 4-9-93; 1988 H 642; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.14


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Assault

2903.14 Negligent assault


(A) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm to another or to another's unborn.


(B) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.



CREDIT(S)


(1996 S 239, eff. 9-6-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.15


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Assault

2903.15 Permitting child abuse


(A) No parent, guardian, custodian, or person having custody of a child under eighteen years of age or of a mentally or physically handicapped child under twenty-one years of age shall cause serious physical harm to the child, or the death of the child, as a proximate result of permitting the child to be abused, to be tortured, to be administered corporal punishment or other physical disciplinary measure, or to be physically restrained in a cruel manner or for a prolonged period.


(B) It is an affirmative defense to a charge under this section that the defendant did not have readily available a means to prevent the harm to the child or the death of the child and that the defendant took timely and reasonable steps to summon aid.


(C) Whoever violates this section is guilty of permitting child abuse. If the violation of this section causes serious physical harm to the child, permitting child abuse is a felony of the third degree. If the violation of this section causes the death of the child, permitting child abuse is a felony of the first degree.



CREDIT(S)


(1999 H 162, eff. 8-25-99)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.16


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Assault

2903.16 Failing to provide for functionally impaired person


(A) No caretaker shall knowingly fail to provide a functionally impaired person under the caretaker's care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the functionally impaired person when this failure results in physical harm or serious physical harm to the functionally impaired person.


(B) No caretaker shall recklessly fail to provide a functionally impaired person under the caretaker's care with any treatment, care, goods, or service that is necessary to maintain the health or safety of the functionally impaired person when this failure results in serious physical harm to the functionally impaired person.


(C)(1) Whoever violates division (A) of this section is guilty of knowingly failing to provide for a functionally impaired person, a misdemeanor of the first degree. If the functionally impaired person under the offender's care suffers serious physical harm as a result of the violation of this section, a violation of division (A) of this section is a felony of the fourth degree.


(2) Whoever violates division (B) of this section is guilty of recklessly failing to provide for a functionally impaired person, a misdemeanor of the second degree. If the functionally impaired person under the offender's care suffers serious physical harm as a result of the violation of this section, a violation of division (B) of this section is a felony of the fourth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1988 H 642, eff. 3-17-89)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.21


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Menacing; Stalking

2903.21 Aggravated menacing


(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.


(B) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.



CREDIT(S)


(2000 H 412, eff. 4-10-01; 1996 S 239, eff. 9-6-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.211


Effective: January 1, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Menacing; Stalking

2903.211 Menacing by stalking


(A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.


(2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section.


(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.


(B) Whoever violates this section is guilty of menacing by stalking.


(1) Except as otherwise provided in divisions (B)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree.


(2) Menacing by stalking is a felony of the fourth degree if any of the following applies:


(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of section 2911.211 of the Revised Code.


(b) In committing the offense under division (A)(1), (2), or (3) of this section, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed under division (A)(2) or (3) of this section, a third person induced by the offender's posted message made a threat of physical harm to or against the victim.


(c) In committing the offense under division (A)(1), (2), or (3) of this section, the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed under division (A)(2) or (3) of this section, a third person induced by the offender's posted message trespassed on the land or premises where the victim lives, is employed, or attends school.


(d) The victim of the offense is a minor.


(e) The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.


(f) While committing the offense under division (A)(1) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(1) of this section, the offender had a deadly weapon on or about the offender's person or under the offender's control. Division (B)(2)(f) of this section does not apply in determining the penalty for a violation of division (A)(2) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(2) of this section.


(g) At the time of the commission of the offense, the offender was the subject of a protection order issued under section 2903.213 or 2903.214 of the Revised Code, regardless of whether the person to be protected under the order is the victim of the offense or another person.


(h) In committing the offense under division (A)(1), (2), or (3) of this section, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or, as a result of an offense committed under division (A)(2) of this section or an offense committed under division (A)(3) of this section based on a violation of division (A)(2) of this section, a third person induced by the offender's posted message caused serious physical harm to that premises, that real property, or any personal property on that premises.


(i) Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.


(3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing by stalking is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.


(C) Section 2919.271 of the Revised Code applies in relation to a defendant charged with a violation of this section.


(D) As used in this section:


(1) “Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's, firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity, or the posting of messages or receipt of information or data through the use of an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a “pattern of conduct.”


(2) “Mental distress” means any of the following:


(a) Any mental illness or condition that involves some temporary substantial incapacity;


(b) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.


(3) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.


(4) “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.


(5) “Public official” has the same meaning as in section 2921.01 of the Revised Code.


(6) “Computer,” “computer network,” “computer program,” “computer system,” and “telecommunications device” have the same meanings as in section 2913.01 of the Revised Code.


(7) “Post a message” means transferring, sending, posting, publishing, disseminating, or otherwise communicating, or attempting to transfer, send, post, publish, disseminate, or otherwise communicate, any message or information, whether truthful or untruthful, about an individual, and whether done under one's own name, under the name of another, or while impersonating another.


(8) “Third person” means, in relation to conduct as described in division (A)(2) of this section, an individual who is neither the offender nor the victim of the conduct.


(9) “Sexual motivation” has the same meaning as in section 2971.01 of the Revised Code.


(E) The state does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in division (D)(2)(b) of this section.


(F)(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section.


(2) Division (F)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.


(3) Division (F)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.



CREDIT(S)


(2007 S 10, eff. 1-1-08; 2003 S 8, eff. 8-29-03; 2001 S 40, eff. 1-25-02; 2000 H 412, eff. 4-10-01; 1999 H 202, § 3, eff. 3-10-00; 1999 H 137, eff. 3-10-00; 1998 S 215, eff. 3-30-99; 1995 S 2, eff. 7-1-96; 1992 H 536, eff. 11-5-92)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.212


Effective: January 2, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Menacing; Stalking

2903.212 Bail


(A) Except when the complaint involves a person who is a family or household member as defined in section 2919.25 of the Revised Code, if a person is charged with a violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code , a violation of a municipal ordinance that is substantially similar to one of those sections, or a sexually oriented offense and if the person, at the time of the alleged violation, was subject to the terms of any order issued pursuant to section 2903.213, 2933.08, or 2945.04 of the Revised Code or previously had been convicted of or pleaded guilty to a violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code that involves the same complainant , a violation of a municipal ordinance that is substantially similar to one of those sections and that involves the same complainant, or a sexually oriented offense that involves the same complainant, the court shall consider all of the following, in addition to any other circumstances considered by the court and notwithstanding any provisions to the contrary contained in Criminal Rule 46, before setting the amount and conditions of the bail for the person:


(1) Whether the person has a history of violence toward the complainant or a history of other violent acts;


(2) The mental health of the person;


(3) Whether the person has a history of violating the orders of any court or governmental entity;


(4) Whether the person is potentially a threat to any other person;


(5) Whether setting bail at a high level will interfere with any treatment or counseling that the person is undergoing.


(B) Any court that has jurisdiction over violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code , violations of a municipal ordinance that is substantially similar to one of those sections, or sexually oriented offenses may set a schedule for bail to be used in cases involving those violations. The schedule shall require that a judge consider all of the factors listed in division (A) of this section and may require judges to set bail at a certain level or impose other reasonable conditions related to a release on bail or on recognizance if the history of the alleged offender or the circumstances of the alleged offense meet certain criteria in the schedule.


(C) As used in this section, “sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code.



CREDIT(S)


(2006 S 260, eff. 1-2-07; 1992 H 536, eff. 11-5-92)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.213


Effective: September 8, 2010


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Menacing; Stalking

2903.213 Protection order as pretrial condition of release


(A) Except when the complaint involves a person who is a family or household member as defined in section 2919.25 of the Revised Code, upon the filing of a complaint that alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of a municipal ordinance substantially similar to section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or the commission of a sexually oriented offense, the complainant, the alleged victim, or a family or household member of an alleged victim may file a motion that requests the issuance of a protection order as a pretrial condition of release of the alleged offender, in addition to any bail set under Criminal Rule 46. The motion shall be filed with the clerk of the court that has jurisdiction of the case at any time after the filing of the complaint. If the complaint involves a person who is a family or household member, the complainant, the alleged victim, or the family or household member may file a motion for a temporary protection order pursuant to section 2919.26 of the Revised Code.


(B) A motion for a protection order under this section shall be prepared on a form that is provided by the clerk of the court, and the form shall be substantially as follows:


“Motion for Protection Order


..........................


Name and address of court


State of Ohio

v.

No.

Name of Defendant

(Name of person), moves the court to issue a protection order containing terms designed to ensure the safety and protection of the complainant or the alleged victim in the above-captioned case, in relation to the named defendant, pursuant to its authority to issue a protection order under section 2903.213 of the Revised Code.


A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of a municipal ordinance substantially similar to section 2903.13, 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or the commission of a sexually oriented offense.


I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that any protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint or until the issuance under section 2903.214 of the Revised Code of a protection order arising out of the same activities as those that were the basis of the attached complaint.


......................................


Signature of person


......................................


Address of person”


(C)(1) As soon as possible after the filing of a motion that requests the issuance of a protection order under this section, but not later than the next day that the court is in session after the filing of the motion, the court shall conduct a hearing to determine whether to issue the order. The person who requested the order shall appear before the court and provide the court with the information that it requests concerning the basis of the motion. If the court finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender, the court may issue a protection order under this section, as a pretrial condition of release, that contains terms designed to ensure the safety and protection of the complainant or the alleged victim, including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant or the alleged victim.


(2)(a) If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the complainant or the alleged victim, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant, the alleged victim, or a family or household member to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the complainant, the alleged victim, or a family or household member.


(b) Division (C)(2)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.


(D)(1) Except when the complaint involves a person who is a family or household member as defined in section 2919.25 of the Revised Code, upon the filing of a complaint that alleges a violation specified in division (A) of this section, the court, upon its own motion, may issue a protection order under this section as a pretrial condition of release of the alleged offender if it finds that the safety and protection of the complainant or the alleged victim may be impaired by the continued presence of the alleged offender.


(2) If the court issues a protection order under this section as an ex parte order, it shall conduct, as soon as possible after the issuance of the order but not later than the next day that the court is in session after its issuance, a hearing to determine whether the order should remain in effect, be modified, or be revoked. The hearing shall be conducted under the standards set forth in division (C) of this section.


(3) If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the alleged offender who is the subject of the order is bound over to the court of common pleas for prosecution of a felony arising out of the same activities as those that were the basis of the complaint upon which the order is based, notwithstanding the fact that the order was issued by a municipal court or county court, the order shall remain in effect, as though it were an order of the court of common pleas, while the charges against the alleged offender are pending in the court of common pleas, for the period of time described in division (E)(2) of this section, and the court of common pleas has exclusive jurisdiction to modify the order issued by the municipal court or county court. This division applies when the alleged offender is bound over to the court of common pleas as a result of the person waiving a preliminary hearing on the felony charge, as a result of the municipal court or county court having determined at a preliminary hearing that there is probable cause to believe that the felony has been committed and that the alleged offender committed it, as a result of the alleged offender having been indicted for the felony, or in any other manner.


(E) A protection order that is issued as a pretrial condition of release under this section:


(1) Is in addition to, but shall not be construed as a part of, any bail set under Criminal Rule 46;


(2) Is effective only until the disposition, by the court that issued the order or, in the circumstances described in division (D)(3) of this section, by the court of common pleas to which the alleged offender is bound over for prosecution, of the criminal proceeding arising out of the complaint upon which the order is based or until the issuance under section 2903.214 of the Revised Code of a protection order arising out of the same activities as those that were the basis of the complaint filed under this section;


(3) Shall not be construed as a finding that the alleged offender committed the alleged offense and shall not be introduced as evidence of the commission of the offense at the trial of the alleged offender on the complaint upon which the order is based.


(F) A person who meets the criteria for bail under Criminal Rule 46 and who, if required to do so pursuant to that rule, executes or posts bond or deposits cash or securities as bail, shall not be held in custody pending a hearing before the court on a motion requesting a protection order under this section.


(G)(1) A copy of a protection order that is issued under this section shall be issued by the court to the complainant, to the alleged victim, to the person who requested the order, to the defendant, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the defendant on the same day that the order is entered. If a municipal court or a county court issues a protection order under this section and if, subsequent to the issuance of the order, the defendant who is the subject of the order is bound over to the court of common pleas for prosecution as described in division (D)(3) of this section, the municipal court or county court shall direct that a copy of the order be delivered to the court of common pleas to which the defendant is bound over.


(2) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to division (G)(1) of this section. With respect to each order delivered, each agency shall note on the index the date and time of the agency's receipt of the order.


(3) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section in accordance with the provisions of the order.


(H) Upon a violation of a protection order issued pursuant to this section, the court may issue another protection order under this section, as a pretrial condition of release, that modifies the terms of the order that was violated.


(I) Notwithstanding any provision of law to the contrary and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or by a court of another state, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of a motion pursuant to this section, in connection with the filing, issuance, registration, or service of a protection order or consent agreement, or for obtaining certified copies of a protection order or consent agreement.


(J) As used in this section, “sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code.



CREDIT(S)


(2010 H 238, eff. 9-8-10; 2008 H 562, eff. 6-24-08; 2006 S 260, eff. 1-2-07; 2002 H 548, eff. 3-31-03; 1999 H 137, eff. 3-10-00; 1998 H 302, eff. 7-29-98; 1997 S 98, eff. 3-17-98; 1997 H 93, eff. 12-31-97; 1993 S 31, eff. 9-27-93; 1992 H 536)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.214


Effective: June 17, 2010


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Menacing; Stalking

2903.214 Protection orders and electronic monitoring; persons who may seek relief; ex parte


(A) As used in this section:


(1) “Court” means the court of common pleas of the county in which the person to be protected by the protection order resides.


(2) “Victim advocate” means a person who provides support and assistance for a person who files a petition under this section.


(3) “Family or household member” has the same meaning as in section 3113.31 of the Revised Code.


(4) “Protection order issued by a court of another state” has the same meaning as in section 2919.27 of the Revised Code.


(5) “Sexually oriented offense” has the same meaning as in section 2950.01 of the Revised Code.


(6) “Electronic monitoring” has the same meaning as in section 2929.01 of the Revised Code.


(B) The court has jurisdiction over all proceedings under this section.


(C) A person may seek relief under this section for the person, or any parent or adult household member may seek relief under this section on behalf of any other family or household member, by filing a petition with the court. The petition shall contain or state all of the following:


(1) An allegation that the respondent is eighteen years of age or older and engaged in a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order or committed a sexually oriented offense against the person to be protected by the protection order, including a description of the nature and extent of the violation;


(2) If the petitioner seeks relief in the form of electronic monitoring of the respondent, an allegation that at any time preceding the filing of the petition the respondent engaged in conduct that would cause a reasonable person to believe that the health, welfare, or safety of the person to be protected was at risk, a description of the nature and extent of that conduct, and an allegation that the respondent presents a continuing danger to the person to be protected;


(3) A request for relief under this section.


(D)(1) If a person who files a petition pursuant to this section requests an ex parte order, the court shall hold an ex parte hearing as soon as possible after the petition is filed, but not later than the next day that the court is in session after the petition is filed. The court, for good cause shown at the ex parte hearing, may enter any temporary orders, with or without bond, that the court finds necessary for the safety and protection of the person to be protected by the order. Immediate and present danger to the person to be protected by the protection order constitutes good cause for purposes of this section. Immediate and present danger includes, but is not limited to, situations in which the respondent has threatened the person to be protected by the protection order with bodily harm or in which the respondent previously has been convicted of or pleaded guilty to a violation of section 2903.211 of the Revised Code or a sexually oriented offense against the person to be protected by the protection order.


(2)(a) If the court, after an ex parte hearing, issues a protection order described in division (E) of this section, the court shall schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court shall give the respondent notice of, and an opportunity to be heard at, the full hearing. The court shall hold the full hearing on the date scheduled under this division unless the court grants a continuance of the hearing in accordance with this division. Under any of the following circumstances or for any of the following reasons, the court may grant a continuance of the full hearing to a reasonable time determined by the court:


(i) Prior to the date scheduled for the full hearing under this division, the respondent has not been served with the petition filed pursuant to this section and notice of the full hearing.


(ii) The parties consent to the continuance.


(iii) The continuance is needed to allow a party to obtain counsel.


(iv) The continuance is needed for other good cause.


(b) An ex parte order issued under this section does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing under division (D)(2)(a) of this section or because the court grants a continuance under that division.


(3) If a person who files a petition pursuant to this section does not request an ex parte order, or if a person requests an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court shall proceed as in a normal civil action and grant a full hearing on the matter.


(E)(1)(a) After an ex parte or full hearing, the court may issue any protection order, with or without bond, that contains terms designed to ensure the safety and protection of the person to be protected by the protection order, including, but not limited to, a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member. If the court includes a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or family or household member in the order, it also shall include in the order provisions of the type described in division (E)(5) of this section.


(b) After a full hearing, if the court considering a petition that includes an allegation of the type described in division (C)(2) of this section, or the court upon its own motion, finds upon clear and convincing evidence that the petitioner reasonably believed that the respondent's conduct at any time preceding the filing of the petition endangered the health, welfare, or safety of the person to be protected and that the respondent presents a continuing danger to the person to be protected, the court may order that the respondent be electronically monitored for a period of time and under the terms and conditions that the court determines are appropriate. Electronic monitoring shall be in addition to any other relief granted to the petitioner.


(2)(a) Any protection order issued pursuant to this section shall be valid until a date certain but not later than five years from the date of its issuance.


(b) Any protection order issued pursuant to this section may be renewed in the same manner as the original order was issued.


(3) A court may not issue a protection order that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under division (E)(1) of this section unless all of the following apply:


(a) The respondent files a separate petition for a protection order in accordance with this section.


(b) The petitioner is served with notice of the respondent's petition at least forty-eight hours before the court holds a hearing with respect to the respondent's petition, or the petitioner waives the right to receive this notice.


(c) If the petitioner has requested an ex parte order pursuant to division (D) of this section, the court does not delay any hearing required by that division beyond the time specified in that division in order to consolidate the hearing with a hearing on the petition filed by the respondent.


(d) After a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed a violation of section 2903.211 of the Revised Code against the person to be protected by the protection order issued pursuant to division (E)(3) of this section, has committed a sexually oriented offense against the person to be protected by the protection order issued pursuant to division (E)(3) of this section, or has violated a protection order issued pursuant to section 2903.213 of the Revised Code relative to the person to be protected by the protection order issued pursuant to division (E)(3) of this section.


(4) No protection order issued pursuant to this section shall in any manner affect title to any real property.


(5)(a) If the court issues a protection order under this section that includes a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, the order shall clearly state that the order cannot be waived or nullified by an invitation to the alleged offender from the complainant to enter the residence, school, business, or place of employment or by the alleged offender's entry into one of those places otherwise upon the consent of the petitioner or family or household member.


(b) Division (E)(5)(a) of this section does not limit any discretion of a court to determine that an alleged offender charged with a violation of section 2919.27 of the Revised Code, with a violation of a municipal ordinance substantially equivalent to that section, or with contempt of court, which charge is based on an alleged violation of a protection order issued under this section, did not commit the violation or was not in contempt of court.


(F)(1) The court shall cause the delivery of a copy of any protection order that is issued under this section to the petitioner, to the respondent, and to all law enforcement agencies that have jurisdiction to enforce the order. The court shall direct that a copy of the order be delivered to the respondent on the same day that the order is entered.


(2) Upon the issuance of a protection order under this section, the court shall provide the parties to the order with the following notice orally or by form:


“NOTICE


As a result of this order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8). If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney.”


(3) All law enforcement agencies shall establish and maintain an index for the protection orders delivered to the agencies pursuant to division (F)(1) of this section. With respect to each order delivered, each agency shall note on the index the date and time that it received the order.


(4) Regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction pursuant to division (M) of this section, any officer of a law enforcement agency shall enforce a protection order issued pursuant to this section by any court in this state in accordance with the provisions of the order, including removing the respondent from the premises, if appropriate.


(G) Any proceeding under this section shall be conducted in accordance with the Rules of Civil Procedure, except that a protection order may be obtained under this section with or without bond. An order issued under this section, other than an ex parte order, that grants a protection order, or that refuses to grant a protection order, is a final, appealable order. The remedies and procedures provided in this section are in addition to, and not in lieu of, any other available civil or criminal remedies.


(H) The filing of proceedings under this section does not excuse a person from filing any report or giving any notice required by section 2151.421 of the Revised Code or by any other law.


(I) Any law enforcement agency that investigates an alleged violation of section 2903.211 of the Revised Code or an alleged commission of a sexually oriented offense shall provide information to the victim and the family or household members of the victim regarding the relief available under this section and section 2903.213 of the Revised Code.


(J) Notwithstanding any provision of law to the contrary and regardless of whether a protection order is issued or a consent agreement is approved by a court of another county or by a court of another state, no court or unit of state or local government shall charge any fee, cost, deposit, or money in connection with the filing of a petition pursuant to this section, in connection with the filing, issuance, registration, or service of a protection order or consent agreement, or for obtaining a certified copy of a protection order or consent agreement.


(K)(1) A person who violates a protection order issued under this section is subject to the following sanctions:


(a) Criminal prosecution for a violation of section 2919.27 of the Revised Code, if the violation of the protection order constitutes a violation of that section;


(b) Punishment for contempt of court.


(2) The punishment of a person for contempt of court for violation of a protection order issued under this section does not bar criminal prosecution of the person for a violation of section 2919.27 of the Revised Code. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction of a violation of that section, and a person convicted of a violation of that section shall not subsequently be punished for contempt of court arising out of the same activity.


(L) In all stages of a proceeding under this section, a petitioner may be accompanied by a victim advocate.


(M)(1) A petitioner who obtains a protection order under this section or a protection order under section 2903.213 of the Revised Code may provide notice of the issuance or approval of the order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county pursuant to division (M)(2) of this section and filing a copy of the registered order with a law enforcement agency in the other county in accordance with that division. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any county of this state by registering the order in that county pursuant to section 2919.272 of the Revised Code and filing a copy of the registered order with a law enforcement agency in that county.


(2) A petitioner may register a protection order issued pursuant to this section or section 2903.213 of the Revised Code in a county other than the county in which the court that issued the order is located in the following manner:


(a) The petitioner shall obtain a certified copy of the order from the clerk of the court that issued the order and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order is to be registered.


(b) Upon accepting the certified copy of the order for registration, the clerk of the court of common pleas, municipal court, or county court shall place an endorsement of registration on the order and give the petitioner a copy of the order that bears that proof of registration.


(3) The clerk of each court of common pleas, municipal court, or county court shall maintain a registry of certified copies of protection orders that have been issued by courts in other counties pursuant to this section or section 2903.213 of the Revised Code and that have been registered with the clerk.


(N)(1) If the court orders electronic monitoring of the respondent under this section, the court shall direct the sheriff's office or any other appropriate law enforcement agency to install the electronic monitoring device and to monitor the respondent. Unless the court determines that the respondent is indigent, the court shall order the respondent to pay the cost of the installation and monitoring of the electronic monitoring device. If the court determines that the respondent is indigent and subject to the maximum amount allowable to be paid in any year from the fund and the rules promulgated by the attorney general under division (N)(2) of this section, the cost of the installation and monitoring of the electronic monitoring device may be paid out of funds from the reparations fund created pursuant to section 2743.191 of the Revised Code. The total amount of costs for the installation and monitoring of electronic monitoring devices paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code from the reparations fund shall not exceed three hundred thousand dollars per year.


(2) The attorney general may promulgate rules pursuant to section 111.15 of the Revised Code to govern payments made from the reparations fund pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code. The rules may include reasonable limits on the total cost paid pursuant to this division and sections 2151.34 and 2919.27 of the Revised Code per respondent, the amount of the three hundred thousand dollars allocated to each county, and how invoices may be submitted by a county, court, or other entity.



CREDIT(S)


(2010 H 10, eff. 6-17-10; 2009 H 1, eff. 10-16-09; 2008 H 471, eff. 4-7-09; 2008 H 562, eff. 6-24-08; 2006 S 260, eff. 1-2-07; 2002 H 548, eff. 3-31-03; 1998 H 302, eff. 7-29-98)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.215


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Menacing; Stalking

2903.215 Mental evaluations--Repealed



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1992 H 536, eff. 11-5-92)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.22


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Menacing; Stalking

2903.22 Menacing


(A) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.


(B) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.



CREDIT(S)


(2000 H 412, eff. 4-10-01; 1996 S 239, eff. 9-6-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.31


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Hazing

2903.31 Hazing; recklessly participating or permitting


(A) As used in this section, “hazing” means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.


(B)(1) No person shall recklessly participate in the hazing of another.


(2) No administrator, employee, or faculty member of any primary, secondary, or post-secondary school or of any other educational institution, public or private, shall recklessly permit the hazing of any person.


(C) Whoever violates this section is guilty of hazing, a misdemeanor of the fourth degree.



CREDIT(S)


(1982 H 444, eff. 3-3-83)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. T. XXIX, Ch. 2903, Refs & Annos


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure

Chapter 2903. Homicide and Assault

Patient Abuse or Neglect


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.33


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Patient Abuse or Neglect (Refs & Annos)

2903.33 Definitions


As used in sections 2903.33 to 2903.36 of the Revised Code:


(A) “Care facility” means any of the following:


(1) Any “home” as defined in section 3721.10 or 5111.20 of the Revised Code;


(2) Any “residential facility” as defined in section 5123.19 of the Revised Code;


(3) Any institution or facility operated or provided by the department of mental health or by the department of developmental disabilities pursuant to sections 5119.02 and 5123.03 of the Revised Code;


(4) Any “residential facility” as defined in section 5119.22 of the Revised Code;


(5) Any unit of any hospital, as defined in section 3701.01 of the Revised Code, that provides the same services as a nursing home, as defined in section 3721.01 of the Revised Code;


(6) Any institution, residence, or facility that provides, for a period of more than twenty-four hours, whether for a consideration or not, accommodations to one individual or two unrelated individuals who are dependent upon the services of others .


(B) “Abuse” means knowingly causing physical harm or recklessly causing serious physical harm to a person by physical contact with the person or by the inappropriate use of a physical or chemical restraint, medication, or isolation on the person.


(C)(1) “Gross neglect” means knowingly failing to provide a person with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person when the failure results in physical harm or serious physical harm to the person.


(2) “Neglect” means recklessly failing to provide a person with any treatment, care, goods, or service that is necessary to maintain the health or safety of the person when the failure results in serious physical harm to the person.


(D) “Inappropriate use of a physical or chemical restraint, medication, or isolation” means the use of physical or chemical restraint, medication, or isolation as punishment, for staff convenience, excessively, as a substitute for treatment, or in quantities that preclude habilitation and treatment.



CREDIT(S)


(2012 H 487, eff. 9-10-12; 2011 H 153, eff. 7-1-11; 2009 H 1, eff. 10-16-09; 2009 S 79, eff. 10-6-09; 1995 S 2, eff. 7-1-96; 1993 S 21, eff. 10-29-93; 1993 H 152; 1989 H 253, S 2; 1988 S 156; 1986 H 566)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.34


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Patient Abuse or Neglect (Refs & Annos)

2903.34 Patient abuse or neglect; spiritual treatment; defense


(A) No person who owns, operates, or administers, or who is an agent or employee of, a care facility shall do any of the following:


(1) Commit abuse against a resident or patient of the facility;


(2) Commit gross neglect against a resident or patient of the facility;


(3) Commit neglect against a resident or patient of the facility.


(B)(1) A person who relies upon treatment by spiritual means through prayer alone, in accordance with the tenets of a recognized religious denomination, shall not be considered neglected under division (A)(3) of this section for that reason alone.


(2) It is an affirmative defense to a charge of gross neglect or neglect under this section that the actor's conduct was committed in good faith solely because the actor was ordered to commit the conduct by a person with supervisory authority over the actor.


(C) Whoever violates division (A)(1) of this section is guilty of patient abuse, a felony of the fourth degree. If the offender previously has been convicted of, or pleaded guilty to, any violation of this section, patient abuse is a felony of the third degree.


(D) Whoever violates division (A)(2) of this section is guilty of gross patient neglect, a misdemeanor of the first degree. If the offender previously has been convicted of, or pleaded guilty to, any violation of this section, gross patient neglect is a felony of the fifth degree.


(E) Whoever violates division (A)(3) of this section is guilty of patient neglect, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section, patient neglect is a felony of the fifth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1986 H 566, eff. 9-17-86)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.341


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Patient Abuse or Neglect (Refs & Annos)

2903.341 Patient endangerment; affirmative defenses


(A) As used in this section:


(1) “MR/DD caretaker” means any MR/DD employee or any person who assumes the duty to provide for the care and protection of a mentally retarded person or a developmentally disabled person on a voluntary basis, by contract, through receipt of payment for care and protection, as a result of a family relationship, or by order of a court of competent jurisdiction. “MR/DD caretaker” includes a person who is an employee of a care facility and a person who is an employee of an entity under contract with a provider. “MR/DD caretaker” does not include a person who owns, operates, or administers a care facility or who is an agent of a care facility unless that person also personally provides care to persons with mental retardation or a developmental disability.


(2) “Mentally retarded person” and “developmentally disabled person” have the same meanings as in section 5123.01 of the Revised Code.


(3) “MR/DD employee” has the same meaning as in section 5123.50 of the Revised Code.


(B) No MR/DD caretaker shall create a substantial risk to the health or safety of a mentally retarded person or a developmentally disabled person. An MR/DD caretaker does not create a substantial risk to the health or safety of a mentally retarded person or a developmentally disabled person under this division when the MR/DD caretaker treats a physical or mental illness or defect of the mentally retarded person or developmentally disabled person by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.


(C) No person who owns, operates, or administers a care facility or who is an agent of a care facility shall condone, or knowingly permit, any conduct by an MR/DD caretaker who is employed by or under the control of the owner, operator, administrator, or agent that is in violation of division (B) of this section and that involves a mentally retarded person or a developmentally disabled person who is under the care of the owner, operator, administrator, or agent. A person who relies upon treatment by spiritual means through prayer alone, in accordance with the tenets of a recognized religious denomination, shall not be considered endangered under this division for that reason alone.


(D)(1) It is an affirmative defense to a charge of a violation of division (B) or (C) of this section that the actor's conduct was committed in good faith solely because the actor was ordered to commit the conduct by a person to whom one of the following applies:


(a) The person has supervisory authority over the actor.


(b) The person has authority over the actor's conduct pursuant to a contract for the provision of services.


(2) It is an affirmative defense to a charge of a violation of division (C) of this section that the person who owns, operates, or administers a care facility or who is an agent of a care facility and who is charged with the violation is following the individual service plan for the involved mentally retarded person or a developmentally disabled person or that the admission, discharge, and transfer rule set forth in the Administrative Code is being followed.


(3) It is an affirmative defense to a charge of a violation of division (C) of this section that the actor did not have readily available a means to prevent either the harm to the person with mental retardation or a developmental disability or the death of such a person and the actor took reasonable steps to summon aid.


(E)(1) Except as provided in division (E)(2) or (E)(3) of this section, whoever violates division (B) or (C) of this section is guilty of patient endangerment, a misdemeanor of the first degree.


(2) If the offender previously has been convicted of, or pleaded guilty to, a violation of this section, patient endangerment is a felony of the fourth degree.


(3) If the violation results in serious physical harm to the person with mental retardation or a developmental disability, patient endangerment is a felony of the third degree.



CREDIT(S)


(2004 S 178, eff. 1-30-04)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.35


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Patient Abuse or Neglect (Refs & Annos)

2903.35 False statements


(A) No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, alleging a violation of section 2903.34 of the Revised Code, when the statement is made with purpose to incriminate another.


(B) Whoever violates this section is guilty of filing a false patient abuse or neglect complaint, a misdemeanor of the first degree.



CREDIT(S)


(1986 H 566, eff. 9-17-86)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.36


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Patient Abuse or Neglect (Refs & Annos)

2903.36 Retaliation against person reporting patient abuse or neglect


No care facility shall discharge or in any manner discriminate or retaliate against any person solely because such person, in good faith, filed a complaint, affidavit, or other document alleging a violation of section 2903.34 of the Revised Code.



CREDIT(S)


(1986 H 566, eff. 9-17-86)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2903.37


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2903. Homicide and Assault

Patient Abuse or Neglect (Refs & Annos)

2903.37 Revocation of license


Any individual, who owns, operates, or administers, or who is an agent or employee of, a care facility, who is convicted of a felony violation of section 2903.34 of the Revised Code, and who is required to be licensed under any law of this state, shall have his license revoked in accordance with Chapter 119. of the Revised Code.



CREDIT(S)


(1986 H 566, eff. 9-17-86)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.01


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.01 Kidnapping


(A) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another from the place where the other person is found or restrain the liberty of the other person, for any of the following purposes:


(1) To hold for ransom, or as a shield or hostage;


(2) To facilitate the commission of any felony or flight thereafter;


(3) To terrorize, or to inflict serious physical harm on the victim or another;


(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim's will;


(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the part of governmental authority;


(6) To hold in a condition of involuntary servitude.


(B) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall knowingly do any of the following, under circumstances that create a substantial risk of serious physical harm to the victim or, in the case of a minor victim, under circumstances that either create a substantial risk of serious physical harm to the victim or cause physical harm to the victim:


(1) Remove another from the place where the other person is found;


(2) Restrain another of the other person's liberty.


(C)(1) Whoever violates this section is guilty of kidnapping. Except as otherwise provided in this division or division (C)(2) or (3) of this section, kidnapping is a felony of the first degree. Except as otherwise provided in this division or division (C)(2) or (3) of this section, if an offender who violates division (A)(1) to (5), (B)(1), or (B)(2) of this section releases the victim in a safe place unharmed, kidnapping is a felony of the second degree.


(2) If the offender in any case also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code and, except as otherwise provided in division (C)(3) of this section, shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code.


(3) If the victim of the offense is less than thirteen years of age and if the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, kidnapping is a felony of the first degree, and, notwithstanding the definite sentence provided for a felony of the first degree in section 2929.14 of the Revised Code, the offender shall be sentenced pursuant to section 2971.03 of the Revised Code as follows:


(a) Except as otherwise provided in division (C)(3)(b) of this section, the offender shall be sentenced pursuant to that section to an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.


(b) If the offender releases the victim in a safe place unharmed, the offender shall be sentenced pursuant to that section to an indefinite term consisting of a minimum term of ten years and a maximum term of life imprisonment.


(D) As used in this section:


(1) “Involuntary servitude” has the same meaning as in section 2905.31 of the Revised Code.


(2) “Sexual motivation specification” has the same meaning as in section 2971.01 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2010 S 235, eff. 3-24-11; 2008 H 280, eff. 4-7-09; 2007 S 10, eff. 1-1-08; 1995 S 2, eff. 7-1-96; 1982 H 269, § 4, eff. 7-1-83; 1982 S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.02


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.02 Abduction


(A) No person, without privilege to do so, shall knowingly do any of the following:


(1) By force or threat, remove another from the place where the other person is found;


(2) By force or threat, restrain the liberty of another person under circumstances that create a risk of physical harm to the victim or place the other person in fear;


(3) Hold another in a condition of involuntary servitude.


(B) No person, with a sexual motivation, shall violate division (A) of this section.


(C) Whoever violates this section is guilty of abduction. A violation of division (A)(1) or (2) of this section or a violation of division (B) of this section involving conduct of the type described in division (A)(1) or (2) of this section is a felony of the third degree. A violation of division (A)(3) of this section or a violation of division (B) of this section involving conduct of the type described in division (A)(3) of this section is a felony of the second degree. If the offender in any case also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.


(D) As used in this section:


(1) “Involuntary servitude” has the same meaning as in section 2905.31 of the Revised Code.


(2) “Sexual motivation” has the same meaning as in section 2971.01 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2010 S 235, eff. 3-24-11; 2008 H 280, eff. 4-7-09; 2007 S 10, eff. 1-1-08; 1995 S 2, eff. 7-1-96; 1982 H 269, § 4, eff. 7-1-83; 1982 S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.03


Effective: January 1, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.03 Unlawful restraint


(A) No person, without privilege to do so, shall knowingly restrain another of the other person's liberty.


(B) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person's liberty.


(C) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.


(D) As used in this section, “sexual motivation” has the same meaning as in section 2971.01 of the Revised Code.



CREDIT(S)


(2007 S 10, eff. 1-1-08; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.031


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.031 Rape of female under fourteen--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 129 v 998)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.04


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.04 Child stealing--Repealed



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1984 S 321, eff. 4-9-85; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.041


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.041 Attempted rape of female person under fourteen--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 129 v 998)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.05


Effective: January 1, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.05 Criminal child enticement


(A) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle or onto any vessel, whether or not the offender knows the age of the child, if both of the following apply:


(1) The actor does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity.


(2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of, any board of education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity.


(B) No person, with a sexual motivation, shall violate division (A) of this section.


(C) It is an affirmative defense to a charge under division (A) of this section that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.


(D) Whoever violates this section is guilty of criminal child enticement, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, section 2907.02 or 2907.03 or former section 2907.12 of the Revised Code, or section 2905.01 or 2907.05 of the Revised Code when the victim of that prior offense was under seventeen years of age at the time of the offense, criminal child enticement is a felony of the fifth degree.


(E) As used in this section:


(1) “Sexual motivation” has the same meaning as in section 2971.01 of the Revised Code.


(2) “Vehicle” has the same meaning as in section 4501.01 of the Revised Code.


(3) “Vessel” has the same meaning as in section 1547.01 of the Revised Code.



CREDIT(S)


(2007 S 10, eff. 1-1-08; 2004 S 160, eff. 4-11-05; 2000 S 312, eff. 4-9-01; 1995 S 2, eff. 7-1-96; 1984 S 321, eff. 4-9-85)


VALIDITY


For validity of this section, see State v. Romage (Ohio App. 10 Dist., 7-26-2012) 974 N.E.2d 120, 2012 WL 3038516, 2012 -Ohio- 3381, and State v. Goode (Ohio App. 9 Dist., 2-20-2013) --- N.E.2d ---, 2013 WL 620306, 2013 -Ohio- 556.


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.06


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.06 to 2905.10 Sexual offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13023 to 13027)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.07


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.06 to 2905.10 Sexual offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13023 to 13027)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.08


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.06 to 2905.10 Sexual offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13023 to 13027)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.09


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.06 to 2905.10 Sexual offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13023 to 13027)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.10


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Kidnapping and Related Offenses

2905.06 to 2905.10 Sexual offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13023 to 13027)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.11


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.11 Extortion


(A) No person, with purpose to obtain any valuable thing or valuable benefit or to induce another to do an unlawful act, shall do any of the following:


(1) Threaten to commit any felony;


(2) Threaten to commit any offense of violence;


(3) Violate section 2903.21 or 2903.22 of the Revised Code;


(4) Utter or threaten any calumny against any person;


(5) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage any person's personal or business repute, or to impair any person's credit.


(B) Whoever violates this section is guilty of extortion, a felony of the third degree.


(C) As used in this section, “threat” includes a direct threat and a threat by innuendo.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1982 H 269, § 4, eff. 7-1-83; 1982 S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.12


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.12 Coercion


(A) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following:


(1) Threaten to commit any offense;


(2) Utter or threaten any calumny against any person;


(3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, to damage any person's personal or business repute, or to impair any person's credit;


(4) Institute or threaten criminal proceedings against any person;


(5) Take, withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld.


(B) Divisions (A)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice:


(1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to section 2945.44 of the Revised Code;


(2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence;


(3) Imposing a community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense.


(C) It is an affirmative defense to a charge under division (A)(3), (4), or (5) of this section that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor's purpose was limited to any of the following:


(1) Compelling another to refrain from misconduct or to desist from further misconduct;


(2) Preventing or redressing a wrong or injustice;


(3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified;


(4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take.


(D) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree.


(E) As used in this section:


(1) “Threat” includes a direct threat and a threat by innuendo.


(2) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code.



CREDIT(S)


(2002 H 490, eff. 1-1-04; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.13


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.14


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.15


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.16


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.17


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.18


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.19


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.20


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortion

2905.13 to 2905.20 Intercourse with female pupil; prostitution, pandering and procuring--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13030 to 13031-5, 13031-9)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.21


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.21 Definitions


As used in sections 2905.21 to 2905.24 of the Revised Code:


(A) “To extend credit” means to make or renew any loan, or to enter into any agreement, express or implied, for the repayment or satisfaction of any debt or claim, regardless of whether the extension of credit is acknowledged or disputed, valid or invalid, and however arising.


(B) “Creditor” means any person who extends credit, or any person claiming by, under, or through such a person.


(C) “Debtor” means any person who receives an extension of credit, any person who guarantees the repayment of an extension of credit, or any person who in any manner undertakes to indemnify the creditor against loss resulting from the failure of any recipient to repay an extension of credit.


(D) “Repayment” of an extension of credit means the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.


(E) “Collect an extension of credit” means an attempt to collect from a debtor all or part of an amount due from the extension of credit.


(F) “Extortionate extension of credit” means any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment will result in the use of an extortionate means or if the debtor at a later time learns that failure to make repayment will result in the use of extortionate means.


(G) “Extortionate means” is any means that involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person or property of the debtor or any member of his family.


(H) “Criminal usury” means illegally charging, taking, or receiving any money or other property as interest on an extension of credit at a rate exceeding twenty-five per cent per annum or the equivalent rate for a longer or shorter period, unless either:


(1) The rate of interest is otherwise authorized by law;


(2) The creditor and the debtor, or all the creditors and all the debtors are members of the same immediate family.


(I) “Immediate family” means a person's spouse residing in the person's household, brothers and sisters of the whole or of the half blood, and children, including adopted children.



CREDIT(S)


(1978 H 88, eff. 10-9-78)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.22


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.22 Criminally usurious transactions prohibited


(A) No person shall:


(1) Knowingly make or participate in an extortionate extension of credit;


(2) Knowingly engage in criminal usury;


(3) Possess any writing, paper, instrument, or article used to record criminally usurious transactions, knowing that the contents record a criminally usurious transaction.


(B) Whoever violates division (A)(1) or (2) of this section is guilty of a felony of the fourth degree. Whoever violates division (A)(3) of this section is guilty of a misdemeanor of the first degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1978 H 88, eff. 10-9-78)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.23


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.23 Evidence establishing probable cause of extortionate intent


In any prosecution under sections 2905.21 to 2905.24 of the Revised Code, if it is shown that any of the following factors were present in connection with the extension of credit, there is probable cause to believe that the extension of credit was extortionate:


(A) The extension of credit was made at a rate of interest in excess of that established for criminal usury;


(B) At the time credit was extended, the debtor reasonably believed that:


(1) One or more extensions of credit by the creditor were collected or attempted to be collected by extortionate means, or the nonrepayment thereof was punished by extortionate means;


(2) The creditor had a reputation for the use of extortionate means to collect extensions of credit or punish the nonrepayment thereof.



CREDIT(S)


(1978 H 88, eff. 10-9-78)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.24


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.24 Proof of implicit threat


In any prosecution under sections 2905.21 to 2905.24 of the Revised Code, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat is alleged to have been made, collected, or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.



CREDIT(S)


(1978 H 88, eff. 10-9-78)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.25


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.25 Competent evidence--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13031-11)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.26


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.26 “Prostitution,” “lewdness,” and “assignation” defined--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13031-14)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.27


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.27 Keeping a place for prostitution prohibited--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 130 v Pt 2, H 28; 1953 H 1; GC 13031-13; Source--GC 13031-16)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.28


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.28 Medical examination--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 130 v Pt 2, H 28; 1953 H 1; GC 13031-17)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.29


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.29 Prior conviction and testimony; admissible evidence--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13031-15)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.30


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.30 Indecent exposure; solicitation of act of sex perversion--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 284; 130 v S 160; 129 v 1670; 1953 H 1; GC 13032)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.301


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Extortionate Extension of Credit

2905.301 Obscene language--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 130 v S 160)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.31


Effective: March 24, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.31 Definitions


As used in sections 2905.31 to 2905.33 of the Revised Code:


(A) “Involuntary servitude” means being compelled to perform labor or services for another against one's will.


(B) “Material that is obscene, sexually oriented, or nudity oriented” and “performance that is obscene, sexually oriented, or nudity oriented” have the same meanings as in section 2929.01 of the Revised Code.



CREDIT(S)


(2010 S 235, eff. 3-24-11)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.32


Effective: June 27, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.32 Trafficking in persons


(A) No person shall knowingly recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, or knowingly attempt to recruit, lure, entice, isolate, harbor, transport, provide, obtain, or maintain, another person knowing that the person will be subjected to involuntary servitude or be compelled to engage in sexual activity for hire, engage in a performance that is obscene, sexually oriented, or nudity oriented, or be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented.


(B) For a prosecution under this section, the element “compelled” does not require that the compulsion be openly displayed or physically exerted. The element “compelled” has been established if the state proves that the victim's will was overcome by force, fear, duress, or intimidation.


(C) In a prosecution under this section, proof that the defendant engaged in sexual activity with any person, or solicited sexual activity with any person, whether or not for hire, without more, does not constitute a violation of this section.


(D) A prosecution for a violation of this section does not preclude a prosecution of a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section of the Revised Code, or both sections. However, if an offender is convicted of or pleads guilty to a violation of this section and also is convicted of or pleads guilty to a violation of section 2907.21 of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, or is convicted of or pleads guilty to any other violation of Chapter 2907. of the Revised Code based on the same conduct involving the same victim that was the basis of the violation of this section, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code.


(E) Whoever violates this section is guilty of trafficking in persons, a felony of the first degree. Notwithstanding division (A)(1) of section 2929.14 of the Revised Code, the court shall sentence the offender to a definite prison term of ten, eleven, twelve, thirteen, fourteen, or fifteen years.



CREDIT(S)


(2012 H 262, eff. 6-27-12; 2010 S 235, eff. 3-24-11)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.33


Effective: March 24, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.33 Unlawful conduct with respect to documents


(A) No person, without privilege to do so, shall knowingly destroy, conceal, remove, confiscate, or possess any actual or purported government identification document or passport of another person in the course of a violation of, with intent to violate, or with intent to facilitate a violation of section 2905.01, 2905.02, 2905.32, 2907.21, 2907.22, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code.


(B) Whoever violates this section is guilty of unlawful conduct with respect to documents, a felony of the third degree.



CREDIT(S)


(2010 S 235, eff. 3-24-11)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.34


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.34 Definitions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1970 H 84)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.341


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.341 to 2905.343 Sale or distribution of obscene matter, or films inciting public disorder--Repealed



CREDIT(S)


(1970 H 84, eff. 9-15-70; 128 v 359; 126 v 1039)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.342


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.341 to 2905.343 Sale or distribution of obscene matter, or films inciting public disorder--Repealed



CREDIT(S)


(1970 H 84, eff. 9-15-70; 128 v 359; 126 v 1039)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.343


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.341 to 2905.343 Sale or distribution of obscene matter, or films inciting public disorder--Repealed



CREDIT(S)


(1970 H 84, eff. 9-15-70; 128 v 359; 126 v 1039)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.35


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.35 to 2905.37 Distributing obscene materials; prohibitions; injunctions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1970 H 84)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.36


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.35 to 2905.37 Distributing obscene materials; prohibitions; injunctions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1970 H 84)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.37


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.35 to 2905.37 Distributing obscene materials; prohibitions; injunctions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1970 H 84)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.371


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.371 Printed matter which is immune; obscene matter defined--Repealed



CREDIT(S)


(1970 H 84, eff. 9-15-70; 129 v 1400)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.38


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.38 Presumptions; defense--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1973 S 62; 1970 H 84)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.39


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.39 to 2905.41 Obscene pictures and exhibitions--Repealed



CREDIT(S)


(1970 H 84, eff. 9-15-70; 1953 H 1; GC 13039 to 13041)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.40


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.39 to 2905.41 Obscene pictures and exhibitions--Repealed



CREDIT(S)


(1970 H 84, eff. 9-15-70; 1953 H 1; GC 13039 to 13041)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.41


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.39 to 2905.41 Obscene pictures and exhibitions--Repealed



CREDIT(S)


(1970 H 84, eff. 9-15-70; 1953 H 1; GC 13039 to 13041)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.42


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.42 to 2905.44 Enticing married woman; bigamy; sodomy--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 129 v 252; 1953 H 1; GC 13022, 13042, 13043)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.43


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.42 to 2905.44 Enticing married woman; bigamy; sodomy--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 129 v 252; 1953 H 1; GC 13022, 13042, 13043)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2905.44


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2905. Kidnapping and Extortion

Human Trafficking

2905.42 to 2905.44 Enticing married woman; bigamy; sodomy--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 129 v 252; 1953 H 1; GC 13022, 13042, 13043)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. T. XXIX, Ch. 2907, Refs & Annos


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure

Chapter 2907. Sex Offenses


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.01


Effective: January 1, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Definitions

2907.01 Definitions


As used in sections 2907.01 to 2907.38 of the Revised Code:


(A) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.


(B) “Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.


(C) “Sexual activity” means sexual conduct or sexual contact, or both.


(D) “Prostitute” means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.


(E) “Harmful to juveniles” means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:


(1) The material or performance, when considered as a whole, appeals to the prurient interest of juveniles in sex.


(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.


(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.


(F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is “obscene” if any of the following apply:


(1) Its dominant appeal is to prurient interest;


(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;


(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;


(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose;


(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.


(G) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.


(H) “Nudity” means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.


(I) “Juvenile” means an unmarried person under the age of eighteen.


(J) “Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.


(K) “Performance” means any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.


(L) “Spouse” means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:


(1) When the parties have entered into a written separation agreement authorized by section 3103.06 of the Revised Code;


(2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage, or legal separation;


(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.


(M) “Minor” means a person under the age of eighteen.


(N) “Mental health client or patient” has the same meaning as in section 2305.51 of the Revised Code.


(O) “Mental health professional” has the same meaning as in section 2305.115 of the Revised Code.


(P) “Sado-masochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.



CREDIT(S)


(2007 S 10, eff. 1-1-08; 2006 H 23, eff. 8-17-06; 2006 H 95, eff. 8-3-06; 2002 H 490, eff. 1-1-04; 2002 H 8, eff. 8-5-02; 2002 S 9, eff. 5-14-02; 1997 H 32, eff. 3-10-98; 1996 H 445, eff. 9-3-96; 1990 H 514, eff. 1-1-91; 1988 H 51; 1975 S 144; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.02


Effective: January 1, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.02 Rape; evidence; marriage or cohabitation not defenses to rape charges


(A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:


(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.


(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.


(c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.


(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.


(B) Whoever violates this section is guilty of rape, a felony of the first degree. If the offender under division (A)(1)(a) of this section substantially impairs the other person's judgment or control by administering any controlled substance described in section 3719.41 of the Revised Code to the other person surreptitiously or by force, threat of force, or deception, the prison term imposed upon the offender shall be one of the prison terms prescribed for a felony of the first degree in section 2929.14 of the Revised Code that is not less than five years. Except as otherwise provided in this division, notwithstanding sections 2929.11 to 2929.14 of the Revised Code, an offender under division (A)(1)(b) of this section shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code. If an offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of this section, if the offender was less than sixteen years of age at the time the offender committed the violation of that division, and if the offender during or immediately after the commission of the offense did not cause serious physical harm to the victim, the victim was ten years of age or older at the time of the commission of the violation, and the offender has not previously been convicted of or pleaded guilty to a violation of this section or a substantially similar existing or former law of this state, another state, or the United States, the court shall not sentence the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, and instead the court shall sentence the offender as otherwise provided in this division. If an offender under division (A)(1)(b) of this section previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of this section or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of this section, if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, or if the victim under division (A)(1)(b) of this section is less than ten years of age, in lieu of sentencing the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, the court may impose upon the offender a term of life without parole. If the court imposes a term of life without parole pursuant to this division, division (F) of section 2971.03 of the Revised Code applies, and the offender automatically is classified a tier III sex offender/child-victim offender, as described in that division.


(C) A victim need not prove physical resistance to the offender in prosecutions under this section.


(D) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.


Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.


(E) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.


(F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.


(G) It is not a defense to a charge under division (A)(2) of this section that the offender and the victim were married or were cohabiting at the time of the commission of the offense.



CREDIT(S)


(2007 S 10, eff. 1-1-08; 2006 S 260, eff. 1-2-07; 2002 H 485, eff. 6-13-02; 1997 H 32, eff. 3-10-98; 1995 S 2, eff. 7-1-96; 1993 S 31, eff. 9-27-93; 1985 H 475; 1982 H 269, § 4, S 199; 1975 S 144; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.021


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.021 Manufacture, distribution or possession of fire bombs--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 133 v H 1; 132 v H 179)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.03


Effective: April 7, 2009


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.03 Sexual battery


(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:


(1) The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution.


(2) The offender knows that the other person's ability to appraise the nature of or control the other person's own conduct is substantially impaired.


(3) The offender knows that the other person submits because the other person is unaware that the act is being committed.


(4) The offender knows that the other person submits because the other person mistakenly identifies the offender as the other person's spouse.


(5) The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.


(6) The other person is in custody of law or a patient in a hospital or other institution, and the offender has supervisory or disciplinary authority over the other person.


(7) The offender is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the other person is enrolled in or attends that school, and the offender is not enrolled in and does not attend that school.


(8) The other person is a minor, the offender is a teacher, administrator, coach, or other person in authority employed by or serving in an institution of higher education, and the other person is enrolled in or attends that institution.


(9) The other person is a minor, and the offender is the other person's athletic or other type of coach, is the other person's instructor, is the leader of a scouting troop of which the other person is a member, or is a person with temporary or occasional disciplinary control over the other person.


(10) The offender is a mental health professional, the other person is a mental health client or patient of the offender, and the offender induces the other person to submit by falsely representing to the other person that the sexual conduct is necessary for mental health treatment purposes.


(11) The other person is confined in a detention facility, and the offender is an employee of that detention facility.


(12) The other person is a minor, the offender is a cleric, and the other person is a member of, or attends, the church or congregation served by the cleric.


(13) The other person is a minor, the offender is a peace officer, and the offender is more than two years older than the other person.


(B) Whoever violates this section is guilty of sexual battery. Except as otherwise provided in this division, sexual battery is a felony of the third degree. If the other person is less than thirteen years of age, sexual battery is a felony of the second degree, and the court shall impose upon the offender a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree.


(C) As used in this section:


(1) “Cleric” has the same meaning as in section 2317.02 of the Revised Code.


(2) “Detention facility” has the same meaning as in section 2921.01 of the Revised Code.


(3) “Institution of higher education” means a state institution of higher education defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school certified under Chapter 3332. of the Revised Code.


(4) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.



CREDIT(S)


(2008 H 209, eff. 4-7-09; 2006 H 95, eff. 8-3-06; 2006 S 17, eff. 8-3-06; 2002 H 510, eff. 3-31-03; 2002 S 9, eff. 5-14-02; 1997 H 32, eff. 3-10-98; 1997 S 6, eff. 6-20-97; 1995 S 2, eff. 7-1-96; 1994 H 454, eff. 7-19-94; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.04


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.04 Unlawful sexual conduct with a minor


(A) No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender, when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard.


(B) Whoever violates this section is guilty of unlawful sexual conduct with a minor.


(1) Except as otherwise provided in divisions (B)(2), (3), and (4) of this section, unlawful sexual conduct with a minor is a felony of the fourth degree.


(2) Except as otherwise provided in division (B)(4) of this section, if the offender is less than four years older than the other person, unlawful sexual conduct with a minor is a misdemeanor of the first degree.


(3) Except as otherwise provided in division (B)(4) of this section, if the offender is ten or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.


(4) If the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code, unlawful sexual conduct with a minor is a felony of the second degree.



CREDIT(S)


(2000 H 442, eff. 10-17-00; 1995 S 2, eff. 7-1-96; 1990 H 44, eff. 7-24-90; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.05


Effective: January 1, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.05 Gross sexual imposition


(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:


(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.


(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.


(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.


(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.


(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.


(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.


(C) Whoever violates this section is guilty of gross sexual imposition.


(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance described in section 3719.41 of the Revised Code to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.


(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree if either of the following applies:


(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;


(b) The offender previously was convicted of or pleaded guilty to a violation of this section, rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was less than thirteen years of age.


(D) A victim need not prove physical resistance to the offender in prosecutions under this section.


(E) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.


Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.


(F) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.


(G) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.



CREDIT(S)


(2007 S 10, eff. 1-1-08; 2006 H 95, eff. 8-3-06; 1997 H 32, eff. 3-10-98; 1993 S 31, eff. 9-27-93; 1990 H 208; 1977 H 134; 1975 S 144; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.06


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.06 Sexual imposition


(A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:


(1) The offender knows that the sexual contact is offensive to the other person, or one of the other persons, or is reckless in that regard.


(2) The offender knows that the other person's, or one of the other person's, ability to appraise the nature of or control the offender's or touching person's conduct is substantially impaired.


(3) The offender knows that the other person, or one of the other persons, submits because of being unaware of the sexual contact.


(4) The other person, or one of the other persons, is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of such person, and the offender is at least eighteen years of age and four or more years older than such other person.


(5) The offender is a mental health professional, the other person or one of the other persons is a mental health client or patient of the offender, and the offender induces the other person who is the client or patient to submit by falsely representing to the other person who is the client or patient that the sexual contact is necessary for mental health treatment purposes.


(B) No person shall be convicted of a violation of this section solely upon the victim's testimony unsupported by other evidence.


(C) Whoever violates this section is guilty of sexual imposition, a misdemeanor of the third degree. If the offender previously has been convicted of a violation of this section or of section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the Revised Code, a violation of this section is a misdemeanor of the first degree.



CREDIT(S)


(2002 S 9, eff. 5-14-02; 1995 S 2, eff. 7-1-96; 1990 H 44, eff. 7-24-90; 1977 H 134; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.07


Effective: June 27, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.07 Importuning


(A) No person shall solicit a person who is less than thirteen years of age to engage in sexual activity with the offender, whether or not the offender knows the age of such person.


(B)(1) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen years of age or older and four or more years older than the other person, and the other person is thirteen years of age or older but less than sixteen years of age, whether or not the offender knows the age of the other person.


(2) No person shall solicit another, not the spouse of the offender, to engage in sexual conduct with the offender, when the offender is eighteen years of age or older and four or more years older than the other person, the other person is sixteen or seventeen years of age and a victim of a violation of section 2905.32 of the Revised Code, and the offender knows or has reckless disregard of the age of the other person.


(C) No person shall solicit another by means of a telecommunications device, as defined in section 2913.01 of the Revised Code, to engage in sexual activity with the offender when the offender is eighteen years of age or older and either of the following applies:


(1) The other person is less than thirteen years of age, and the offender knows that the other person is less than thirteen years of age or is reckless in that regard.


(2) The other person is a law enforcement officer posing as a person who is less than thirteen years of age, and the offender believes that the other person is less than thirteen years of age or is reckless in that regard.


(D) No person shall solicit another by means of a telecommunications device, as defined in section 2913.01 of the Revised Code, to engage in sexual activity with the offender when the offender is eighteen years of age or older and either of the following applies:


(1) The other person is thirteen years of age or older but less than sixteen years of age, the offender knows that the other person is thirteen years of age or older but less than sixteen years of age or is reckless in that regard, and the offender is four or more years older than the other person.


(2) The other person is a law enforcement officer posing as a person who is thirteen years of age or older but less than sixteen years of age, the offender believes that the other person is thirteen years of age or older but less than sixteen years of age or is reckless in that regard, and the offender is four or more years older than the age the law enforcement officer assumes in posing as the person who is thirteen years of age or older but less than sixteen years of age.


(E) Divisions (C) and (D) of this section apply to any solicitation that is contained in a transmission via a telecommunications device that either originates in this state or is received in this state.


(F)(1) Whoever violates this section is guilty of importuning.


(2) Except as otherwise provided in this division, a violation of division (A) or (C) of this section is a felony of the third degree on a first offense, and, notwithstanding division (C) of section 2929.13 of the Revised Code, there is a presumption that a prison term shall be imposed as described in division (D) of section 2929.13 of the Revised Code. If the offender previously has been convicted of a sexually oriented offense or a child-victim oriented offense, a violation of division (A) or (C) of this section is a felony of the second degree, and the court shall impose upon the offender as a mandatory prison term one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the second degree.


(3) A violation of division (B) or (D) of this section is a felony of the fifth degree on a first offense, and, notwithstanding division (B) of section 2929.13 of the Revised Code, there is a presumption that a prison term shall be imposed as described in division (D) of section 2929.13 of the Revised Code. If the offender previously has been convicted of a sexually oriented offense or a child-victim oriented offense, a violation of division (B) or (D) of this section is a felony of the fourth degree, and the court shall impose upon the offender as a mandatory prison term one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the fourth degree that is not less than twelve months in duration.



CREDIT(S)


(2012 H 262, eff. 6-27-12; 2008 S 183, eff. 9-11-08; 2006 S 260, eff. 1-2-07; 2003 S 5, eff. 7-31-03; 2002 S 175, eff. 5-7-02; 2000 H 724, eff. 3-22-01; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.08


Effective: April 7, 2009


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.08 Voyeurism


(A) No person, for the purpose of sexually arousing or gratifying the person's self, shall commit trespass or otherwise surreptitiously invade the privacy of another, to spy or eavesdrop upon another.


(B) No person, for the purpose of sexually arousing or gratifying the person's self, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, or otherwise record the other person in a state of nudity.


(C) No person, for the purpose of sexually arousing or gratifying the person's self, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, otherwise record, or spy or eavesdrop upon the other person in a state of nudity if the other person is a minor.


(D) No person shall secretly or surreptitiously videotape, film, photograph, or otherwise record another person under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, that other person.


(E)(1) Whoever violates this section is guilty of voyeurism.


(2) A violation of division (A) of this section is a misdemeanor of the third degree.


(3) A violation of division (B) of this section is a misdemeanor of the second degree.


(4) A violation of division (D) of this section is a misdemeanor of the first degree.


(5) A violation of division (C) of this section is a felony of the fifth degree.



CREDIT(S)


(2008 H 74, eff. 4-7-09; 2006 H 310, eff. 6-15-06; 2000 H 332, eff. 1-1-01; 2000 H 504, eff. 10-10-00; 2000 H 448, eff. 10-5-00; 1997 S 82, eff. 1-30-98; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.081


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.081 and 2907.082 Malicious injury--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 279; 129 v 562)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.082


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.081 and 2907.082 Malicious injury--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v S 279; 129 v 562)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.09


Effective: April 4, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.09 Public indecency


(A) No person shall recklessly do any of the following, under circumstances in which the person's conduct is likely to be viewed by and affront others who are in the person's physical proximity and who are not members of the person's household:


(1) Expose the person's private parts;


(2) Engage in sexual conduct or masturbation;


(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.


(B) No person shall knowingly do any of the following, under circumstances in which the person's conduct is likely to be viewed by and affront another person who is a minor, who is not the spouse of the offender, and who resides in the person's household:


(1) Engage in masturbation;


(2) Engage in sexual conduct;


(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation;


(4) Expose the person's private parts with the purpose of personal sexual arousal or gratification or to lure the minor into sexual activity.


(C)(1) Whoever violates this section is guilty of public indecency and shall be punished as provided in divisions (C)(2), (3), (4), and (5) of this section.


(2) Except as otherwise provided in division (C)(2) of this section, a violation of division (A)(1) of this section is a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of division (A)(1) of this section is a misdemeanor of the third degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to two violations of this section, a violation of division (A)(1) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of this section, a violation of division (A)(1) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a felony of the fifth degree.


(3) Except as otherwise provided in division (C)(3) of this section, a violation of division (A)(2) or (3) of this section is a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of division (A)(2) or (3) of this section is a misdemeanor of the second degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of division (A)(2) or (3) of this section is a misdemeanor of the first degree or, if any person who was likely to view and be affronted by the offender's conduct was a minor, a felony of the fifth degree.


(4) Except as otherwise provided in division (C)(4) of this section, a violation of division (B)(1), (2), or (3) of this section is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, a violation of division (B)(1), (2), or (3) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, a violation of division (B)(1), (2), or (3) of this section is a felony of the fifth degree.


(5) Except as otherwise provided in division (C)(5) of this section, a violation of division (B)(4) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to any violation of this section, a violation of division (B)(4) of this section is a felony of the fifth degree.



CREDIT(S)


(2006 S 245, eff. 4-4-07; 2005 H 50, eff. 9-26-05; 1995 S 2, eff. 7-1-96; 1990 H 214, eff. 4-13-90; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.10


Effective: September 23, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.10 Polygraph examination prohibited


(A)(1) A peace officer, prosecutor, or other public official shall not ask or require a victim of an alleged sex offense to submit to a polygraph examination as a condition for proceeding with the investigation of the alleged sex offense.


(2) The refusal of the victim of an alleged sex offense to submit to a polygraph examination shall not prevent the investigation of the alleged sex offense, the filing of criminal charges with respect to the alleged sex offense, or the prosecution of the alleged perpetrator of the alleged sex offense.


(B) As used in this section:


(1) “Peace officer” has the same meaning as in section 2921.51 of the Revised Code.


(2) “Polygraph examination” means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test, or question an individual for the purpose of determining the individual's truthfulness.


(3) “Prosecution” means the prosecution of criminal charges in a criminal prosecution or the prosecution of a delinquent child complaint in a delinquency proceeding.


(4) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code.


(5) “Public official” has the same meaning as in section 117.01 of the Revised Code.


(6) “Sex offense” means a violation of any provision of sections 2907.02 to 2907.09 of the Revised Code.



CREDIT(S)


(2008 H 562, eff. 9-23-08)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.11


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.11 Suppression of certain information


Upon the request of the victim or offender in a prosecution under any provision of sections 2907.02 to 2907.07 of the Revised Code, the judge before whom any person is brought on a charge of having committed an offense under a provision of one of those sections shall order that the names of the victim and offender and the details of the alleged offense as obtained by any law enforcement officer be suppressed until the preliminary hearing, the accused is arraigned in the court of common pleas, the charge is dismissed, or the case is otherwise concluded, whichever occurs first. Nothing in this section shall be construed to deny to either party in the case the name and address of the other party or the details of the alleged offense.



CREDIT(S)


(1996 H 445, eff. 9-3-96; 1975 S 144, eff. 8-27-75)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.12


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.12 Felonious sexual penetration; marriage or cohabitation not defenses to charges--Repealed



CREDIT(S)


(1996 H 445, eff. 9-3-96; 1995 S 2, eff. 7-1-96; 1993 S 31, eff. 9-27-93; 1989 S 94; 1985 H 475; 1982 H 269, § 4, S 199; 1975 S 144)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.121


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.13


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.14


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.141


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.142


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.143


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.144


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.145


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.121 to 2907.145 Forcing entrance into coin-receiving device; robbery; unlawful entries; larceny; possession or receipt of stolen property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v H 656; 130 v H 1; 129 v 1426, 1812; 1953 H 1; GC 12441)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.15


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.15 Restitution from offender's government deferred compensation program or public retirement system


(A) As used in this section:


(1) “Public retirement system” means the public employees retirement system, state teachers retirement system, school employees retirement system, Ohio police and fire pension fund, state highway patrol retirement system, or a municipal retirement system of a municipal corporation of this state.


(2) “Government deferred compensation program” means such a program offered by the Ohio public employees deferred compensation board; a municipal corporation; or a governmental unit, as defined in section 148.06 of the Revised Code.


(3) “Deferred compensation program participant” means a “participating employee” or “continuing member,” as defined in section 148.01 of the Revised Code, or any other public employee who has funds in a government deferred compensation program.


(4) “Alternative retirement plan” means an alternative retirement plan provided pursuant to Chapter 3305. of the Revised Code.


(5) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code.


In any case in which a sentencing court orders restitution to the victim under section 2929.18 or 2929.28 of the Revised Code for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code and in which the offender is a government deferred compensation program participant, is an electing employee, as defined in section 3305.01 of the Revised Code, or is a member of, or receiving a pension, benefit, or allowance, other than a survivorship benefit, from, a public retirement system and committed the offense against a child, student, patient, or other person with whom the offender had contact in the context of the offender's public employment, at the request of the victim the prosecutor shall file a motion with the sentencing court specifying the government deferred compensation program, alternative retirement plan, or public retirement system and requesting that the court issue an order requiring the government deferred compensation program, alternative retirement plan, or public retirement system to withhold the amount required as restitution from one or more of the following: any payment to be made from a government deferred compensation program, any payment or benefit under an alternative retirement plan, or under a pension, annuity, allowance, or any other benefit, other than a survivorship benefit, that has been or is in the future granted to the offender; from any payment of accumulated employee contributions standing to the offender's credit with the government deferred compensation program, alternative retirement plan, or public retirement system; or from any payment of any other amounts to be paid to the offender pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code on withdrawal of contributions. The motion may be filed at any time subsequent to the conviction of the offender or entry of a guilty plea. On the filing of the motion, the clerk of the court in which the motion is filed shall notify the offender and the government deferred compensation program, alternative retirement plan, or public retirement system, in writing, of all of the following: that the motion was filed; that the offender will be granted a hearing on the issuance of the requested order if the offender files a written request for a hearing with the clerk prior to the expiration of thirty days after the offender receives the notice; that, if a hearing is requested, the court will schedule a hearing as soon as possible and notify the offender and the government deferred compensation program, alternative retirement plan, or public retirement system of the date, time, and place of the hearing; that, if a hearing is conducted, it will be limited to a consideration of whether the offender can show good cause why the order should not be issued; that, if a hearing is conducted, the court will not issue the order if the court determines, based on evidence presented at the hearing by the offender, that there is good cause for the order not to be issued; that the court will issue the order if a hearing is not requested or if a hearing is conducted but the court does not determine, based on evidence presented at the hearing by the offender, that there is good cause for the order not to be issued; and that, if the order is issued, the government deferred compensation program, alternative retirement plan, or public retirement system specified in the motion will be required to withhold the amount required as restitution from payments to the offender.


(B) In any case in which a motion requesting the issuance of a withholding order as described in division (A) of this section is filed, the offender may receive a hearing on the motion by delivering a written request for a hearing to the court prior to the expiration of thirty days after the offender's receipt of the notice provided pursuant to division (A) of this section. If the offender requests a hearing within the prescribed time, the court shall schedule a hearing as soon as possible after the request is made and notify the offender and the government deferred compensation program, alternative retirement plan, or public retirement system of the date, time, and place of the hearing. A hearing scheduled under this division shall be limited to a consideration of whether there is good cause, based on evidence presented by the offender, for the requested order not to be issued. If the court determines, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall deny the motion and shall not issue the order. Good cause for not issuing the order includes a determination by the court that the order would severely impact the offender's ability to support the offender's dependents.


If the offender does not request a hearing within the prescribed time or the court conducts a hearing but does not determine, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall order the government deferred compensation program, alternative retirement plan, or public retirement system to withhold the amount required as restitution from one or more of the following: any payments to be made from a government deferred compensation program, any payment or benefit under an alternative retirement plan, or under a pension, annuity, allowance, or under any other benefit, other than a survivorship benefit, that has been or is in the future granted to the offender; from any payment of accumulated employee contributions standing to the offender's credit with the government deferred compensation program, alternative retirement plan, or public retirement system; or from any payment of any other amounts to be paid to the offender upon withdrawal of contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code and to continue the withholding for that purpose, in accordance with the order, out of each payment to be made on or after the date of issuance of the order, until further order of the court. On receipt of an order issued under this division, the government deferred compensation program, alternative retirement plan, or public retirement system shall withhold the amount required as restitution, in accordance with the order, from any such payments and immediately forward the amount withheld to the clerk of the court in which the order was issued for payment to the person to whom restitution is to be made. The order shall not apply to any portion of payments made from a government deferred compensation program, alternative retirement plan, or public retirement system to a person other than the offender pursuant to a previously issued domestic court order.


(C) Service of a notice required by division (A) or (B) of this section shall be effected in the same manner as provided in the Rules of Civil Procedure for the service of process.


(D) Upon the filing of charges under section 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code against a person who is a deferred compensation program participant, an electing employee participating in an alternative retirement plan, or a member of, or receiving a pension benefit, or allowance, other than a survivorship benefit, from a public retirement system for an offense against a child, student, patient, or other person with whom the offender had contact in the context of the offender's public employment, the prosecutor shall send written notice that charges have been filed against that person to the appropriate government deferred compensation program, alternative retirement plan, or public retirement system. The notice shall specifically identify the person charged.



CREDIT(S)


(2002 H 490, eff. 1-1-04; 2000 H 535, eff. 4-1-01; 2000 H 628, eff. 9-21-00; 1999 H 222, eff. 11-2-99; 1996 H 668, eff. 12-6-96)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.16


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.16 Entry at night to commit personal violence--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 130 v S 192; 129 v 1426; 1953 H 1; GC 12443)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.17


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.17 Notice to licensing board or agency upon indictment of mental health professional


If a mental health professional is indicted or charged and bound over to the court of common pleas for trial for an alleged violation of division (A)(10) of section 2907.03 or division (A)(5) of section 2907.06 of the Revised Code, the prosecuting attorney handling the case shall send written notice of the indictment or the charge and bind over to the regulatory or licensing board or agency, if any, that has the administrative authority to suspend or revoke the mental health professional's professional license, certification, registration, or authorization.



CREDIT(S)


(2002 S 9, eff. 5-14-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.171


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.171 Effect of failure to give notice


The failure of the prosecuting attorney to give the notice required by section 2907.17 of the Revised Code does not give rise to a claim for damages against the prosecuting attorney or the county. The failure of the prosecuting attorney to give the notice does not constitute grounds for declaring a mistrial or new trial, for setting aside a conviction or sentence, or for granting postconviction relief to a defendant.



CREDIT(S)


(2002 S 9, eff. 5-14-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.18


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.18 Notice to licensing board or agency upon conviction or guilty plea of mental health professional


If a mental health professional is convicted of or pleads guilty to a violation of division (A)(10) of section 2907.03 or division (A)(5) of section 2907.06 of the Revised Code, the court shall transmit a certified copy of the judgment entry of conviction to the regulatory or licensing board or agency, if any, that has the administrative authority to suspend or revoke the mental health professional's professional license, certification, registration, or authorization.



CREDIT(S)


(2002 S 9, eff. 5-14-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.19


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.19 to 2907.201 Breaking and entering military storehouse; larceny; firearm defined; credit card theft and fraud; definitions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1971 S 302; 1969 S 346; 1969 H 49; 132 v H 996; 1953 H 1; GC 12446, 12447)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.20


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.19 to 2907.201 Breaking and entering military storehouse; larceny; firearm defined; credit card theft and fraud; definitions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1971 S 302; 1969 S 346; 1969 H 49; 132 v H 996; 1953 H 1; GC 12446, 12447)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.201


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Sexual Assaults

2907.19 to 2907.201 Breaking and entering military storehouse; larceny; firearm defined; credit card theft and fraud; definitions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1971 S 302; 1969 S 346; 1969 H 49; 132 v H 996; 1953 H 1; GC 12446, 12447)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.21


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.21 Compelling prostitution


(A) No person shall knowingly do any of the following:


(1) Compel another to engage in sexual activity for hire;


(2) Induce, procure, encourage, solicit, request, or otherwise facilitate either of the following:


(a) A minor to engage in sexual activity for hire, whether or not the offender knows the age of the minor;


(b) A person the offender believes to be a minor to engage in sexual activity for hire, whether or not the person is a minor.


(3)(a) Pay or agree to pay a minor, either directly or through the minor's agent, so that the minor will engage in sexual activity, whether or not the offender knows the age of the minor;


(b) Pay or agree to pay a person the offender believes to be a minor, either directly or through the person's agent, so that the person will engage in sexual activity, whether or not the person is a minor.


(4)(a) Pay a minor, either directly or through the minor's agent, for the minor having engaged in sexual activity pursuant to a prior agreement, whether or not the offender knows the age of the minor;


(b) Pay a person the offender believes to be a minor, either directly or through the person's agent, for the person having engaged in sexual activity pursuant to a prior agreement, whether or not the person is a minor.


(5)(a) Allow a minor to engage in sexual activity for hire if the person allowing the child to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the minor;


(b) Allow a person the offender believes to be a minor to engage in sexual activity for hire if the person allowing the person to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the person the offender believes to be a minor, whether or not the person is a minor.


(B) For a prosecution under division (A)(1) of this section, the element “compel” does not require that the compulsion be openly displayed or physically exerted. The element “compel” has been established if the state proves that the victim's will was overcome by force, fear, duress, or intimidation.


(C) Whoever violates this section is guilty of compelling prostitution. Except as otherwise provided in this division, compelling prostitution is a felony of the third degree. If the offender commits a violation of division (A)(1) of this section and the person compelled to engage in sexual activity for hire in violation of that division is sixteen years of age or older but less than eighteen years of age, compelling prostitution is a felony of the second degree. If the offender commits a violation of division (A)(1) of this section and the person compelled to engage in sexual activity for hire in violation of that division is less than sixteen years of age, compelling prostitution is a felony of the first degree. If the offender in any case also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2010 S 235, eff. 3-24-11; 2008 H 280, eff. 4-7-09; 2008 S 183, eff. 9-11-08; 1995 S 2, eff. 7-1-96; 1988 H 51, eff. 3-17-89; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.22


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.22 Promoting prostitution


(A) No person shall knowingly:


(1) Establish, maintain, operate, manage, supervise, control, or have an interest in a brothel;


(2) Supervise, manage, or control the activities of a prostitute in engaging in sexual activity for hire;


(3) Transport another, or cause another to be transported across the boundary of this state or of any county in this state, in order to facilitate the other person's engaging in sexual activity for hire;


(4) For the purpose of violating or facilitating a violation of this section, induce or procure another to engage in sexual activity for hire.


(B) Whoever violates this section is guilty of promoting prostitution. Except as otherwise provided in this division, promoting prostitution is a felony of the fourth degree. If any prostitute in the brothel involved in the offense, or the prostitute whose activities are supervised, managed, or controlled by the offender, or the person transported, induced, or procured by the offender to engage in sexual activity for hire, is a minor, whether or not the offender knows the age of the minor, then promoting prostitution is a felony of the third degree. If the offender in any case also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2008 H 280, eff. 4-7-09; 1995 S 2, eff. 7-1-96; 1988 H 51, eff. 3-17-89; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.23


Effective: June 27, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.23 Procuring


(A) No person, knowingly and for gain, shall do either of the following:


(1) Entice or solicit another to patronize a prostitute or brothel;


(2) Procure a prostitute for another to patronize, or take or direct another at the other's request to any place for the purpose of patronizing a prostitute.


(B) No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.


(C) Whoever violates this section is guilty of procuring. Except as otherwise provided in this division, procuring is a misdemeanor of the first degree. If the prostitute who is procured, patronized, or otherwise involved in a violation of division (A)(2) of this section is under sixteen years of age at the time of the violation, regardless of whether the offender who violates division (A)(2) of this section knows the prostitute's age, or if a prostitute who engages in sexual activity for hire in premises used in violation of division (B) of this section is under sixteen years of age at the time of the violation, regardless of whether the offender who violates division (B) of this section knows the prostitute's age, procuring is a felony of the fourth degree. If the prostitute who is procured, patronized, or otherwise involved in a violation of division (A)(2) of this section is sixteen or seventeen years of age at the time of the violation or if a prostitute who engages in sexual activity for hire in premises used in violation of division (B) of this section is sixteen or seventeen years of age at the time of the violation, procuring is a felony of the fifth degree.



CREDIT(S)


(2012 H 262, eff. 6-27-12; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.24


Effective: September 28, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.24 Soliciting; solicitation after positive HIV test


(A) No person shall solicit another to engage with such other person in sexual activity for hire.


(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section.


(C)(1) Whoever violates division (A) of this section is guilty of soliciting, a misdemeanor of the third degree.


(2) Whoever violates division (B) of this section is guilty of engaging in solicitation after a positive HIV test. If the offender commits the violation prior to July 1, 1996, engaging in solicitation after a positive HIV test is a felony of the second degree. If the offender commits the violation on or after July 1, 1996, engaging in solicitation after a positive HIV test is a felony of the third degree.


(D) If a person is convicted of or pleads guilty to a violation of any provision of this section, an attempt to commit a violation of any provision of this section, or a violation of or an attempt to commit a violation of a municipal ordinance that is substantially equivalent to any provision of this section and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impose upon the offender a class six suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code. In lieu of imposing upon the offender the class six suspension, the court instead may require the offender to perform community service for a number of hours determined by the court.



CREDIT(S)


(2012 S 337, eff. 9-28-12; 2002 S 123, eff. 1-1-04; 1996 H 40, eff. 5-30-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.241


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.241 Loitering to engage in solicitation; loitering to engage in solicitation after positive HIV test


(A) No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:


(1) Beckon to, stop, or attempt to stop another;


(2) Engage or attempt to engage another in conversation;


(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;


(4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;


(5) Interfere with the free passage of another.


(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section.


(C) As used in this section:


(1) “Vehicle” has the same meaning as in section 4501.01 of the Revised Code.


(2) “Public place” means any of the following:


(a) A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot, or transportation facility;


(b) A doorway or entrance way to a building that fronts on a place described in division (C)(2)(a) of this section;


(c) A place not described in division (C)(2)(a) or (b) of this section that is open to the public.


(D)(1) Whoever violates division (A) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.


(2) Whoever violates division (B) of this section is guilty of loitering to engage in solicitation after a positive HIV test. If the offender commits the violation prior to July 1, 1996, loitering to engage in solicitation after a positive HIV test is a felony of the fourth degree. If the offender commits the violation on or after July 1, 1996, loitering to engage in solicitation after a positive HIV test is a felony of the fifth degree.



CREDIT(S)


(1996 H 40, eff. 5-30-96)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.25


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.25 Prostitution; prostitution after positive HIV test


(A) No person shall engage in sexual activity for hire.


(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire.


(C)(1) Whoever violates division (A) of this section is guilty of prostitution, a misdemeanor of the third degree.


(2) Whoever violates division (B) of this section is guilty of engaging in prostitution after a positive HIV test. If the offender commits the violation prior to July 1, 1996, engaging in prostitution after a positive HIV test is a felony of the second degree. If the offender commits the violation on or after July 1, 1996, engaging in prostitution after a positive HIV test is a felony of the third degree.



CREDIT(S)


(1996 H 40, eff. 5-30-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.26


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.26 Rules of evidence in prostitution cases


(A) In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it, is admissible on the question of whether such place is or is not a brothel.


(B) In any case in which it is necessary to prove that a person is a prostitute, evidence as to the reputation of such person is admissible on the question of whether such person is or is not a prostitute.


(C) In any prosecution for a violation of sections 2907.21 to 2907.25 of the Revised Code, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge.


(D) The prohibition contained in division (D) of section 2317.02 of the Revised Code against testimony by a husband or wife concerning communications between them does not apply, and the accused's spouse may testify concerning any such communication, in any of the following cases:


(1) When the husband or wife is charged with a violation of section 2907.21 of the Revised Code, and the spouse testifying was the victim of the offense;


(2) When the husband or wife is charged with a violation of section 2907.22 of the Revised Code, and the spouse testifying was the prostitute involved in the offense, or the person transported, induced, or procured by the offender to engage in sexual activity for hire;


(3) When the husband or wife is charged with a violation of section 2907.23 of the Revised Code, and the spouse testifying was the prostitute involved in the offense or the person who used the offender's premises to engage in sexual activity for hire;


(4) When the husband or wife is charged with a violation of section 2907.24 or 2907.25 of the Revised Code.



CREDIT(S)


(1977 H 1, eff. 8-26-77; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.27


Effective: September 28, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Prostitution

2907.27 Examination and treatment for venereal diseases and HIV


(A)(1) If a person is charged with a violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or 2907.25 of the Revised Code or with a violation of a municipal ordinance that is substantially equivalent to any of those sections, the arresting authorities or a court, upon the request of the prosecutor in the case or upon the request of the victim, shall cause the accused to submit to one or more appropriate tests to determine if the accused is suffering from a venereal disease. The court, upon the request of the prosecutor in the case or upon the request of the victim shall cause the accused to submit to one or more appropriate tests to determine if the accused is suffering from the human immunodeficiency virus (HIV) within forty-eight hours after the date on which the complaint, information, or indictment is filed or within forty-eight hours after the date on which the complaint, information, or indictment is served on the accused, whichever date is later. Nothing in this section shall be construed to prevent the court from ordering at any time during which the complaint, information, or indictment is pending, that the accused submit to one or more appropriate tests to determine if the accused is suffering from a venereal disease or from the human immunodeficiency virus (HIV).


(2) If the accused is found to be suffering from a venereal disease in an infectious stage, the accused shall be required to submit to medical treatment for that disease. The cost of the medical treatment shall be charged to and paid by the accused who undergoes the treatment. If the accused is indigent, the court shall order the accused to report to a facility operated by a city health district or a general health district for treatment. If the accused is convicted of or pleads guilty to the offense with which the accused is charged and is placed under a community control sanction, a condition of community control shall be that the offender submit to and faithfully follow a course of medical treatment for the venereal disease. If the offender does not seek the required medical treatment, the court may revoke the offender's community control and order the offender to undergo medical treatment during the period of the offender's incarceration and to pay the cost of that treatment.


(B)(1)(a) If a person is charged with a violation of division (B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code or with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, the court, upon the request of the prosecutor in the case, upon the request of the victim, or upon the request of any other person whom the court reasonably believes had contact with the accused in circumstances related to the violation that could have resulted in the transmission to that person the human immunodeficiency virus, shall cause the accused to submit to one or more tests designated by the director of health under section 3701.241 of the Revised Code to determine if the accused is infected with HIV. The court, upon the request of the prosecutor in the case, upon the request of the victim with the agreement of the prosecutor, or upon the request of any other person with the agreement of the prosecutor, may cause an accused who is charged with a violation of any other section of the Revised Code or with a violation of any other municipal ordinance to submit to one or more tests so designated by the director of health if the circumstances of the violation indicate probable cause to believe that the accused, if the accused is infected with HIV, might have transmitted HIV to any of the following persons in committing the violation:


(i) In relation to a request made by the prosecuting attorney, to the victim or to any other person;


(ii) In relation to a request made by the victim, to the victim making the request;


(iii) In relation to a request made by any other person, to the person making the request.


(b) The results of a test performed under division (B)(1)(a) of this section shall be communicated in confidence to the court, and the court shall inform the accused of the result. The court shall inform the victim that the test was performed and that the victim has a right to receive the results on request. If the test was performed upon the request of a person other than the prosecutor in the case and other than the victim, the court shall inform the person who made the request that the test was performed and that the person has a right to receive the results upon request. Additionally, regardless of who made the request that was the basis of the test being performed, if the court reasonably believes that, in circumstances related to the violation, a person other than the victim had contact with the accused that could have resulted in the transmission of HIV to that person, the court may inform that person that the test was performed and that the person has a right to receive the results of the test on request. If the accused tests positive for HIV, the test results shall be reported to the department of health in accordance with section 3701.24 of the Revised Code and to the sheriff, head of the state correctional institution, or other person in charge of any jail or prison in which the accused is incarcerated. If the accused tests positive for HIV and the accused was charged with, and was convicted of or pleaded guilty to, a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to any of those sections, the test results also shall be reported to the law enforcement agency that arrested the accused, and the law enforcement agency may use the test results as the basis for any future charge of a violation of division (B) of any of those sections or a violation of a municipal ordinance that is substantially equivalent to division (B) of any of those sections. No other disclosure of the test results or the fact that a test was performed shall be made, other than as evidence in a grand jury proceeding or as evidence in a judicial proceeding in accordance with the Rules of Evidence. If the test result is negative, and the charge has not been dismissed or if the accused has been convicted of the charge or a different offense arising out of the same circumstances as the offense charged, the court shall order that the test be repeated not earlier than three months nor later than six months after the original test.


(2) If an accused who is free on bond refuses to submit to a test ordered by the court pursuant to division (B)(1) of this section, the court may order that the accused's bond be revoked and that the accused be incarcerated until the test is performed. If an accused who is incarcerated refuses to submit to a test ordered by the court pursuant to division (B)(1) of this section, the court shall order the person in charge of the jail or prison in which the accused is incarcerated to take any action necessary to facilitate the performance of the test, including the forcible restraint of the accused for the purpose of drawing blood to be used in the test.


(3) A state agency, a political subdivision of the state, or an employee of a state agency or of a political subdivision of the state is immune from liability in a civil action to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with the performance of the duties required under division (B)(2) of this section unless the acts or omissions are with malicious purpose, in bad faith, or in a wanton or reckless manner.


(C) As used in this section:


(1) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code.


(2) “HIV” means the human immunodeficiency virus.



CREDIT(S)


(2012 H 509, eff. 9-28-12; 2009 H 1, eff. 10-16-09; 2002 H 490, eff. 1-1-04; 1999 H 100, eff. 3-23-00; 1996 H 40, eff. 5-30-96; 1994 H 571, eff. 10-6-94; 1989 S 2, eff. 11-1-89; 1989 S 94; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.28


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Assistance to Victims of Sexual Assault

2907.28 Medical examination of victim; costs


(A) Any cost incurred by a hospital or emergency medical facility in conducting a medical examination of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution, including the cost of any antibiotics administered as part of the examination, shall be paid out of the reparations fund established pursuant to section 2743.191 of the Revised Code, subject to the following conditions:


(1) The hospital or emergency facility shall follow a protocol for conducting such medical examinations that is identified by the attorney general in rule adopted in accordance with Chapter 119. of the Revised Code.


(2) The hospital or emergency facility shall submit requests for payment to the attorney general on a monthly basis, through a procedure determined by the attorney general and on forms approved by the attorney general. The requests shall identify the number of sexual assault examinations performed and shall verify that all required protocols were met for each examination form submitted for payment in the request.


(3) The attorney general shall review all requests for payment that are submitted under division (A)(2) of this section and shall submit for payment as described in division (A)(5) of this section all requests that meet the requirements of this section.


(4) The hospital or emergency facility shall accept a flat fee payment for conducting each examination in the amount determined by the attorney general pursuant to Chapter 119. of the Revised Code as payment in full for any cost incurred in conducting a medical examination and test of a victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person. The attorney general shall determine a flat fee payment amount to be paid under this division that is reasonable.


(5) In approving a payment under this section, the attorney general shall order the payment against the state. The payment shall be accomplished only through the following procedure, and the procedure may be enforced through a mandamus action and a writ of mandamus directed to the appropriate official:


(a) The attorney general shall provide for payment in the amount set forth in the order.


(b) The expense of the payment of the amount described in this section shall be charged against all available unencumbered moneys in the reparations fund.


(B) No costs incurred by a hospital or emergency facility in conducting a medical examination and test of any victim of an offense under any provision of sections 2907.02 to 2907.06 of the Revised Code for the purpose of gathering physical evidence for a possible prosecution of a person shall be billed or charged directly or indirectly to the victim or the victim's insurer.


(C) Any cost incurred by a hospital or emergency medical facility in conducting a medical examination and test of any person who is charged with a violation of division (B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.24, 2907.241, or 2907.25 of the Revised Code or with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, pursuant to division (B) of section 2907.27 of the Revised Code, shall be charged to and paid by the accused who undergoes the examination and test, unless the court determines that the accused is unable to pay, in which case the cost shall be charged to and paid by the municipal corporation in which the offense allegedly was committed, or charged to and paid by the county if the offense allegedly was committed within an unincorporated area. If separate counts of an alleged offense or alleged separate offenses under section 2907.02, 2907.03, 2907.04, 2907.05, 2907.24, 2907.241, or 2907.25 of the Revised Code or under a municipal ordinance that is substantially equivalent to any of those sections took place in more than one municipal corporation or more than one unincorporated area, or both, the local governments shall share the cost of the examination and test. If a hospital or other emergency medical facility has submitted charges for the cost of a medical examination and test to an accused and has been unable to collect payment for the charges after making good faith attempts to collect for a period of six months or more, the cost shall be charged to and paid by the appropriate municipal corporation or county as specified in division (C) of this section.



CREDIT(S)


(2000 S 153, eff. 7-1-00; 1999 H 100, eff. 3-23-00; 1996 H 445, eff. 9-3-96; 1996 H 40, eff. 5-30-96; 1989 S 2, eff. 11-1-89; 1975 S 144)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.29


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Assistance to Victims of Sexual Assault

2907.29 Emergency medical services for victims; information to be given victim; consent of minor


Every hospital of this state that offers organized emergency services shall provide that a physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife is available on call twenty-four hours each day for the examination of persons reported to any law enforcement agency to be victims of sexual offenses cognizable as violations of any provision of sections 2907.02 to 2907.06 of the Revised Code. The physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife, upon the request of any peace officer or prosecuting attorney and with the consent of the reported victim or upon the request of the reported victim, shall examine the person for the purposes of gathering physical evidence and shall complete any written documentation of the physical examination. The director of health shall establish procedures for gathering evidence under this section.


Each reported victim shall be informed of available venereal disease, pregnancy, medical, and psychiatric services.


Notwithstanding any other provision of law, a minor may consent to examination under this section. The consent is not subject to disaffirmance because of minority, and consent of the parent, parents, or guardian of the minor is not required for an examination under this section. However, the hospital shall give written notice to the parent, parents, or guardian of a minor that an examination under this section has taken place. The parent, parents, or guardian of a minor giving consent under this section are not liable for payment for any services provided under this section without their consent.



CREDIT(S)


(2012 H 487, eff. 9-10-12; 2002 S 245, eff. 3-31-03; 1996 H 445, eff. 9-3-96; 1975 S 144, eff. 8-27-75)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.30


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Assistance to Victims of Sexual Assault

2907.30 Right to interview by one with crisis intervention training; notice to victim of accused sex offender's communicable disease


(A) A victim of a sexual offense cognizable as a violation of section 2907.02 of the Revised Code who is interviewed by a law enforcement agency shall be interviewed by a peace officer employed by the agency who has had crisis intervention training, if any of the peace officers employed by the agency who have had crisis intervention training is reasonably available.


(B) When a person is charged with a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.06 of the Revised Code and the law enforcement agency that arrested the person or a court discovers that the person arrested or a person whom the person arrested caused to engage in sexual activity has a communicable disease, the law enforcement agency that arrested the person or the court immediately shall notify the victim of the nature of the disease.


(C) As used in this section, “crisis intervention training” has the same meaning as in section 109.71 of the Revised Code.



CREDIT(S)


(1996 H 445, eff. 9-3-96; 1986 H 468, eff. 9-17-86; 1984 H 435)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.31


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.31 Disseminating matter harmful to juveniles


(A) No person, with knowledge of its character or content, shall recklessly do any of the following:


(1) Directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;


(2) Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles;


(3) While in the physical proximity of the juvenile or law enforcement officer posing as a juvenile, allow any juvenile or law enforcement officer posing as a juvenile to review or peruse any material or view any live performance that is harmful to juveniles.


(B) The following are affirmative defenses to a charge under this section that involves material or a performance that is harmful to juveniles but not obscene:


(1) The defendant is the parent, guardian, or spouse of the juvenile involved.


(2) The juvenile involved, at the time of the conduct in question, was accompanied by the juvenile's parent or guardian who, with knowledge of its character, consented to the material or performance being furnished or presented to the juvenile.


(3) The juvenile exhibited to the defendant or to the defendant's agent or employee a draft card, driver's license, birth record, marriage license, or other official or apparently official document purporting to show that the juvenile was eighteen years of age or over or married, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under the age of eighteen and unmarried.


(C)(1) It is an affirmative defense to a charge under this section, involving material or a performance that is obscene or harmful to juveniles, that the material or performance was furnished or presented for a bona fide medical, scientific, educational, governmental, judicial, or other proper purpose, by a physician, psychologist, sociologist, scientist, teacher, librarian, clergyman, prosecutor, judge, or other proper person.


(2) Except as provided in division (B)(3) of this section, mistake of age is not a defense to a charge under this section.


(D)(1) A person directly sells, delivers, furnishes, disseminates, provides, exhibits, rents, or presents or directly offers or agrees to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present material or a performance to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section by means of an electronic method of remotely transmitting information if the person knows or has reason to believe that the person receiving the information is a juvenile or the group of persons receiving the information are juveniles.


(2) A person remotely transmitting information by means of a method of mass distribution does not directly sell, deliver, furnish, disseminate, provide, exhibit, rent, or present or directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present the material or performance in question to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles in violation of this section if either of the following applies:


(a) The person has inadequate information to know or have reason to believe that a particular recipient of the information or offer is a juvenile.


(b) The method of mass distribution does not provide the person the ability to prevent a particular recipient from receiving the information.


(E) If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.


(F) Whoever violates this section is guilty of disseminating matter harmful to juveniles. If the material or performance involved is harmful to juveniles, except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the material or performance involved is obscene, except as otherwise provided in this division, a violation of this section is a felony of the fifth degree. If the material or performance involved is obscene and the juvenile to whom it is sold, delivered, furnished, disseminated, provided, exhibited, rented, or presented, the juvenile to whom the offer is made or who is the subject of the agreement, or the juvenile who is allowed to review, peruse, or view it is under thirteen years of age, violation of this section is a felony of the fourth degree.



CREDIT(S)


(2002 H 490, eff. 1-1-04; 1995 S 2, eff. 7-1-96; 1988 H 790, eff. 3-16-89; 1988 H 51; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.311


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.311 Displaying matter harmful to juveniles


(A) No person who has custody, control, or supervision of a commercial establishment, with knowledge of the character or content of the material involved, shall display at the establishment any material that is harmful to juveniles and that is open to view by juveniles as part of the invited general public.


(B) It is not a violation of division (A) of this section if the material in question is displayed by placing it behind “blinder racks” or similar devices that cover at least the lower two-thirds of the material, if the material in question is wrapped or placed behind the counter, or if the material in question otherwise is covered or located so that the portion that is harmful to juveniles is not open to the view of juveniles.


(C) Whoever violates this section is guilty of displaying matter harmful to juveniles, a misdemeanor of the first degree. Each day during which the offender is in violation of this section constitutes a separate offense.



CREDIT(S)


(1988 H 51, eff. 3-17-89)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.32


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.32 Pandering obscenity


(A) No person, with knowledge of the character of the material or performance involved, shall do any of the following:


(1) Create, reproduce, or publish any obscene material, when the offender knows that the material is to be used for commercial exploitation or will be publicly disseminated or displayed, or when the offender is reckless in that regard;


(2) Promote or advertise for sale, delivery, or dissemination; sell, deliver, publicly disseminate, publicly display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, publicly disseminate, publicly display, exhibit, present, rent, or provide, any obscene material;


(3) Create, direct, or produce an obscene performance, when the offender knows that it is to be used for commercial exploitation or will be publicly presented, or when the offender is reckless in that regard;


(4) Advertise or promote an obscene performance for presentation, or present or participate in presenting an obscene performance, when the performance is presented publicly, or when admission is charged;


(5) Buy, procure, possess, or control any obscene material with purpose to violate division (A)(2) or (4) of this section.


(B) It is an affirmative defense to a charge under this section, that the material or performance involved was disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance.


(C) Whoever violates this section is guilty of pandering obscenity, a felony of the fifth degree. If the offender previously has been convicted of a violation of this section or of section 2907.31 of the Revised Code, then pandering obscenity is a felony of the fourth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1988 H 51, eff. 3-17-89; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.321


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.321 Pandering obscenity involving a minor


(A) No person, with knowledge of the character of the material or performance involved, shall do any of the following:


(1) Create, reproduce, or publish any obscene material that has a minor as one of its participants or portrayed observers;


(2) Promote or advertise for sale or dissemination; sell, deliver, disseminate, display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor as one of its participants or portrayed observers;


(3) Create, direct, or produce an obscene performance that has a minor as one of its participants;


(4) Advertise or promote for presentation, present, or participate in presenting an obscene performance that has a minor as one of its participants;


(5) Buy, procure, possess, or control any obscene material, that has a minor as one of its participants;


(6) Bring or cause to be brought into this state any obscene material that has a minor as one of its participants or portrayed observers.


(B)(1) This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance.


(2) Mistake of age is not a defense to a charge under this section.


(3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor.


(C) Whoever violates this section is guilty of pandering obscenity involving a minor. Violation of division (A)(1), (2), (3), (4), or (6) of this section is a felony of the second degree. Violation of division (A)(5) of this section is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2907.322 or 2907.323 of the Revised Code, pandering obscenity involving a minor in violation of division (A)(5) of this section is a felony of the third degree.



CREDIT(S)


(1988 H 51, eff. 3-17-89; 1984 H 44; 1977 S 243)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.322


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.322 Pandering sexually oriented matter involving a minor


(A) No person, with knowledge of the character of the material or performance involved, shall do any of the following:


(1) Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;


(2) Advertise for sale or dissemination, sell, distribute, transport, disseminate, exhibit, or display any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;


(3) Create, direct, or produce a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;


(4) Advertise for presentation, present, or participate in presenting a performance that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;


(5) Knowingly solicit, receive, purchase, exchange, possess, or control any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;


(6) Bring or cause to be brought into this state any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality, or bring, cause to be brought, or finance the bringing of any minor into or across this state with the intent that the minor engage in sexual activity, masturbation, or bestiality in a performance or for the purpose of producing material containing a visual representation depicting the minor engaged in sexual activity, masturbation, or bestiality.


(B)(1) This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a proper interest in the material or performance.


(2) Mistake of age is not a defense to a charge under this section.


(3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor.


(C) Whoever violates this section is guilty of pandering sexually oriented matter involving a minor. Violation of division (A)(1), (2), (3), (4), or (6) of this section is a felony of the second degree. Violation of division (A)(5) of this section is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2907.321 or 2907.323 of the Revised Code, pandering sexually oriented matter involving a minor in violation of division (A)(5) of this section is a felony of the third degree.



CREDIT(S)


(2000 H 724, eff. 3-22-01; 1995 S 2, eff. 7-1-96; 1988 H 51, eff. 3-17-89; 1984 H 44)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.323


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.323 Illegal use of a minor in nudity-oriented material or performance


(A) No person shall do any of the following:


(1) Photograph any minor who is not the person's child or ward in a state of nudity, or create, direct, produce, or transfer any material or performance that shows the minor in a state of nudity, unless both of the following apply:


(a) The material or performance is, or is to be, sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance;


(b) The minor's parents, guardian, or custodian consents in writing to the photographing of the minor, to the use of the minor in the material or performance, or to the transfer of the material and to the specific manner in which the material or performance is to be used.


(2) Consent to the photographing of the person's minor child or ward, or photograph the person's minor child or ward, in a state of nudity or consent to the use of the person's minor child or ward in a state of nudity in any material or performance, or use or transfer a material or performance of that nature, unless the material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance;


(3) Possess or view any material or performance that shows a minor who is not the person's child or ward in a state of nudity, unless one of the following applies:


(a) The material or performance is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the material or performance.


(b) The person knows that the parents, guardian, or custodian has consented in writing to the photographing or use of the minor in a state of nudity and to the manner in which the material or performance is used or transferred.


(B) Whoever violates this section is guilty of illegal use of a minor in a nudity-oriented material or performance. Whoever violates division (A)(1) or (2) of this section is guilty of a felony of the second degree. Except as otherwise provided in this division, whoever violates division (A)(3) of this section is guilty of a felony of the fifth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2907.321 or 2907.322 of the Revised Code, illegal use of a minor in a nudity-oriented material or performance in violation of division (A)(3) of this section is a felony of the fourth degree. If the offender who violates division (A)(1) or (2) of this section also is convicted of or pleads guilty to a specification as described in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging the offense, the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2008 H 280, eff. 4-7-09; 1995 S 2, eff. 7-1-96; 1988 H 51, eff. 3-17-89; 1984 S 321, H 44)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.33


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.33 Deception to obtain matter harmful to juveniles


(A) No person, for the purpose of enabling a juvenile to obtain any material or gain admission to any performance which is harmful to juveniles, shall do either of the following:


(1) Falsely represent that he is the parent, guardian, or spouse of such juvenile;


(2) Furnish such juvenile with any identification or document purporting to show that such juvenile is eighteen years of age or over or married.


(B) No juvenile, for the purpose of obtaining any material or gaining admission to any performance which is harmful to juveniles, shall do either of the following:


(1) Falsely represent that he is eighteen years of age or over or married;


(2) Exhibit any identification or document purporting to show that he is eighteen years of age or over or married.


(C) Whoever violates this section is guilty of deception to obtain matter harmful to juveniles, a misdemeanor of the second degree. A juvenile who violates division (B) of this section shall be adjudged an unruly child, with such disposition of the case as may be appropriate under Chapter 2151. of the Revised Code.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.34


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.34 Compelling acceptance of objectionable materials


(A) No person, as a condition to the sale, allocation, consignment, or delivery of any material or goods of any kind, shall require the purchaser or consignee to accept any other material reasonably believed to be obscene, or which if furnished or presented to a juvenile would be in violation of section 2907.31 of the Revised Code.


(B) No person shall deny or threaten to deny any franchise or impose or threaten to impose any financial or other penalty upon any purchaser or consignee because the purchaser or consignee failed or refused to accept any material reasonably believed to be obscene as a condition to the sale, allocation, consignment, or delivery of any other material or goods or because the purchaser or consignee returned any material believed to be obscene that the purchaser or consignee initially accepted.


(C) Whoever violates this section is guilty of compelling acceptance of objectionable materials, a felony of the fifth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1988 H 51, eff. 3-17-89; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.35


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.35 Presumptions; notice; defense


(A) An owner or manager, or agent or employee of an owner or manager, of a bookstore, newsstand, theater, or other commercial establishment engaged in selling materials or exhibiting performances, who, in the course of business:


(1) Possesses five or more identical or substantially similar obscene articles, having knowledge of their character, is presumed to possess them in violation of division (A)(5) of section 2907.32 of the Revised Code;


(2) Does any of the acts prohibited by section 2907.31 or 2907.32 of the Revised Code, is presumed to have knowledge of the character of the material or performance involved, if the owner, manager, or agent or employee of the owner or manager has actual notice of the nature of such material or performance, whether or not the owner, manager, or agent or employee of the owner or manager has precise knowledge of its contents.


(B) Without limitation on the manner in which such notice may be given, actual notice of the character of material or a performance may be given in writing by the chief legal officer of the jurisdiction in which the person to whom the notice is directed does business. Such notice, regardless of the manner in which it is given, shall identify the sender, identify the material or performance involved, state whether it is obscene or harmful to juveniles, and bear the date of such notice.


(C) Sections 2907.31 and 2907.32 of the Revised Code do not apply to a motion picture operator or projectionist acting within the scope of employment as an employee of the owner or manager of a theater or other place for the showing of motion pictures to the general public, and having no managerial responsibility or financial interest in the operator's or projectionist's place of employment, other than wages.


(D)(1) Sections 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, and 2907.34 and division (A) of section 2907.33 of the Revised Code do not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection.


(2) Division (D)(1) of this section does not apply to a person who conspires with an entity actively involved in the creation or knowing distribution of material in violation of section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, or 2907.34 of the Revised Code or who knowingly advertises the availability of material of that nature.


(3) Division (D)(1) of this section does not apply to a person who provides access or connection to an electronic method of remotely transferring information that is engaged in the violation of section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, or 2907.34 of the Revised Code and that contains content that person has selected and introduced into the electronic method of remotely transferring information or content over which that person exercises editorial control.


(E) An employer is not guilty of a violation of section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, or 2907.34 of the Revised Code based on the actions of an employee or agent of the employer unless the employee's or agent's conduct is within the scope of employee's or agent's employment or agency, and the employer does either of the following:


(1) With knowledge of the employee's or agent's conduct, the employer authorizes or ratifies the conduct.


(2) The employer recklessly disregards the employee's or agent's conduct.


(F) It is an affirmative defense to a charge under section 2907.31 or 2907.311 of the Revised Code as the section applies to an image transmitted through the internet or another electronic method of remotely transmitting information that the person charged with violating the section has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by juveniles to material that is harmful to juveniles, including any method that is feasible under available technology.


(G) If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this section or related sections that can be given effect without the invalid provision or application. To this end, the provisions are severable.



CREDIT(S)


(2002 H 490, eff. 1-1-04; 2002 H 8, eff. 8-5-02; 1973 S 62, eff. 1-1-74; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.36


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.36 Declaratory judgment


(A) Without limitation on the persons otherwise entitled to bring an action for a declaratory judgment pursuant to Chapter 2721. of the Revised Code, involving the same issue, the following persons have standing to bring a declaratory judgment action to determine whether particular materials or performances are obscene or harmful to juveniles:


(1) The chief legal officer of the jurisdiction in which there is reasonable cause to believe that section 2907.31 or 2907.32 of the Revised Code is being or is about to be violated;


(2) Any person who, pursuant to division (B) of section 2907.35 of the Revised Code, has received notice in writing from a chief legal officer stating that particular materials or performances are obscene or harmful to juveniles.


(B) Any party to an action for a declaratory judgment pursuant to division (A) of this section is entitled, upon the party's request, to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.


(C) An action for a declaratory judgment pursuant to division (A) of this section shall not be brought during the pendency of any civil action or criminal prosecution, when the character of the particular materials or performances involved is at issue in the pending case, and either of the following applies:


(1) Either of the parties to the action for a declaratory judgment is a party to the pending case.


(2) A judgment in the pending case will necessarily constitute res judicata as to the character of the materials or performances involved.


(D) A civil action or criminal prosecution in which the character of particular materials or performances is at issue, brought during the pendency of an action for a declaratory judgment involving the same issue, shall be stayed during the pendency of the action for a declaratory judgment.


(E) The fact that a violation of section 2907.31 or 2907.32 of the Revised Code occurs prior to a judicial determination of the character of the material or performance involved in the violation does not relieve the offender of criminal liability for the violation, even though prosecution may be stayed pending the judicial determination.



CREDIT(S)


(1999 H 58, eff. 9-24-99; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.37


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.37 Injunction


(A) Where it appears that section 2907.31 or 2907.32 of the Revised Code is being or is about to be violated, the chief legal officer of the jurisdiction in which the violation is taking place or is about to take place may bring an action to enjoin the violation. The defendant, upon his request, is entitled to trial on the merits within five days after joinder of the issues, and the court shall render judgment within five days after trial is concluded.


(B) Premises used or occupied for repeated violations of section 2907.31 or 2907.32 of the Revised Code constitute a nuisance subject to abatement pursuant to sections 3767.01 to 3767.99 of the Revised Code.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.38


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.38 Unlawful operation of viewing booths depicting sexual conduct; affirmative defense


(A) As used in this section:


(1) “Commercial establishment” means an entity that is open to the public and to which either of the following applies:


(a) It has a substantial or significant portion of its stock in trade of the sale, rental, or viewing of visual materials or performances depicting sexual conduct.


(b) It has as a principal business purpose the sale, rental, or viewing of visual materials or performances depicting sexual conduct.


(2) “Visual materials or performances” means films, videos, CD-ROM discs, streaming video, or other motion pictures.


(B) No person who has custody, control, or supervision of a commercial establishment, with knowledge of the character of the visual material or performance involved, shall knowingly permit the use of, or offer the use of, viewing booths, stalls, or partitioned portions of a room located in the commercial establishment for the purpose of viewing visual materials or performances depicting sexual conduct unless both of the following apply:


(1) The inside of each booth, stall, or partitioned room is visible from, and at least one side of each booth, stall, or partitioned room is open to, a continuous and contiguous main aisle or hallway that is open to the public areas of the commercial establishment and is not obscured by any curtain, door, or other covering or enclosure.


(2) No booth, stall, or partitioned room is designed, constructed, pandered, or allowed to be used for the purpose of encouraging or facilitating nudity or sexual activity on the part of or between patrons or members of the public, and no booth, stall, or partitioned room has any aperture, hole, or opening for the purpose of encouraging or facilitating nudity or sexual activity.


(C) It is an affirmative defense to a charge under this section that either of the following applies to the involved visual materials or performances:


(1) The visual materials or performances depicting sexual conduct are disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose and by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge, or other person having a proper interest in the visual materials or performances.


(2) The visual materials or performances depicting sexual conduct, taken as a whole, would be found by a reasonable person to have serious literary, artistic, political, or scientific value or are presented or disseminated in good faith for a serious literary, artistic, political, or scientific purpose and are not pandered for their prurient appeal.


(D) Whoever violates this section is guilty of permitting unlawful operation of viewing booths depicting sexual conduct, a misdemeanor of the first degree.



CREDIT(S)


(2006 H 23, eff. 8-17-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.39


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.39 Permitting juvenile on premises of adult entertainment establishment; use by juvenile of false information to enter adult entertainment establishment


(A) As used in this section:


(1) “Adult arcade” means any place to which the public is permitted or invited in which coin-operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and in which the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.


(2)(a) “Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment that, for any form of consideration, has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental of any of the following:


(i) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;


(ii) Instruments, devices, or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others.


(b) “Adult bookstore,” “adult novelty store,” or “adult video store” includes a commercial establishment as defined in section 2907.38 of the Revised Code. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, or adult video store. The existence of other principal business purposes does not exempt an establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.


(3) “Adult cabaret” means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:


(a) Persons who appear in a state of nudity or seminudity;


(b) Live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities;


(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.


(4) “Adult entertainment” means the sale, rental, or exhibition, for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of specified anatomical areas or specified sexual activity.


(5) “Adult entertainment establishment” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude or seminude model studio, or sexual encounter establishment. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to section 4731.15 of the Revised Code, is not an “adult entertainment establishment.”


(6) “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.


(7) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or seminudity or live performances that are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.


(8) “Distinguished or characterized by their emphasis upon” means the dominant or principal character and theme of the object described by this phrase. For instance, when the phrase refers to films “that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas,” the films so described are those whose dominant or principal character and theme are the exhibition or description of specified sexual activities or specified anatomical areas.


(9)(a) “Nude or seminude model studio” means any place where a person, who regularly appears in a state of nudity or seminudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.


(b) A modeling class or studio is not a nude or seminude model studio and is not subject to this chapter if it is operated in any of the following ways:


(i) By a college or university supported entirely or partly by taxation;


(ii) By a private college or university that maintains and operates educational programs, the credits for which are transferable to a college or university supported entirely or partly by taxation;


(iii) In a structure that has no sign visible from the exterior of the structure and no other advertising indicating that a person appearing in a state of nudity or seminudity is available for viewing, if in order to participate in a class in the structure, a student must enroll at least three days in advance of the class and if not more than one nude or seminude model is on the premises at any one time.


(10) “Nudity,” “nude,” or “state of nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.


(11) “Regularly features” or “regularly shown” means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult entertainment establishment.


(12) “Seminude” or “state of seminudity” means a state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.


(13)(a) “Sexual encounter establishment” means a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where either of the following occur:


(i) Two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities.


(ii) Two or more persons appear nude or seminude for the purpose of displaying their nude or seminude bodies for their receipt of consideration or compensation in any type or form.


(b) An establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to section 4731.15 of the Revised Code, is not a “sexual encounter establishment.”


(14) “Specified anatomical areas” means the cleft of the buttocks, anus, male or female genitals, or the female breast.


(15) “Specified sexual activity” means any of the following:


(a) Sex acts, normal or perverted, or actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;


(b) Excretory functions as a part of or in connection with any of the activities described in division (A)(15)(a) of this section.


(B) No person knowingly shall allow an individual, including, but not limited to, a patron, customer, or employee, who is under eighteen years of age on the premises of an adult entertainment establishment.


(C) No individual who is under eighteen years of age knowingly shall show or give false information concerning the individual's name or age, or other false identification, for the purpose of gaining entrance to an adult entertainment establishment.


(D) A person shall not be found guilty of a violation of division (B) of this section if the person raises as an affirmative defense and if the jury or, in a nonjury trial, the court finds the person has established by a preponderance of the evidence, all of the following:


(1) The individual gaining entrance to the adult entertainment establishment exhibited to an operator, employee, agent, or independent contractor of the adult entertainment establishment a driver's or commercial driver's license or an identification card issued under sections 4507.50 and 4507.52 of the Revised Code showing that the individual was then at least eighteen years of age.


(2) The operator, employee, agent, or independent contractor made a bona fide effort to ascertain the true age of the individual gaining entrance to the adult entertainment establishment by checking the identification presented, at the time of entrance, to ascertain that the description on the identification compared with the appearance of the individual and that the identification had not been altered in any way.


(3) The operator, employee, agent, or independent contractor had reason to believe that the individual gaining entrance to the adult entertainment establishment was at least eighteen years of age.


(E) In any criminal action in which the affirmative defense described in division (D) of this section is raised, the registrar of motor vehicles or the deputy registrar who issued a driver's or commercial driver's license or an identification card under sections 4507.50 and 4507.52 of the Revised Code shall be permitted to submit certified copies of the records, in the registrar's or deputy registrar's possession, of the issuance of the license or identification card in question, in lieu of the testimony of the personnel of the bureau of motor vehicles in the action.


(F)(1) Whoever violates division (B) of this section is guilty of permitting a juvenile on the premises of an adult entertainment establishment, a misdemeanor of the first degree. Each day a person violates this division constitutes a separate offense.


(2) Whoever violates division (C) of this section is guilty of use by a juvenile of false information to enter an adult entertainment establishment, a delinquent act that would be a misdemeanor of the fourth degree if committed by an adult.



CREDIT(S)


(2006 H 23, eff. 8-17-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.40


Effective: September 11, 2008


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.40 Illegally operating sexually oriented business; illegal sexually oriented activity in sexually oriented business


(A) As used in this section:


(1) “Adult bookstore” or “adult video store” means a commercial establishment that has as a significant or substantial portion of its stock in trade or inventory in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.


(2) “Adult cabaret” has the same meaning as in section 2907.39 of the Revised Code.


(3) “Adult motion picture theater” means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five individuals for any form of consideration.


(4) “Characterized by” means describing the essential character or quality of an item.


(5) “Employee” means any individual who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent, or otherwise, but does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.


(6) “Nudity,” “nude,” or “state of nudity” has the same meaning as in section 2907.39 of the Revised Code.


(7) “Operator” means any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises.


(8) “Patron” means any individual on the premises of a sexually oriented business except for any of the following:


(a) An operator or an employee of the sexually oriented business;


(b) An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;


(c) A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee's or volunteer's duties as a public employee or volunteer.


(9) “Premises” means the real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited, to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control, or supervision of the owner or operator of the sexually oriented business.


(10) “Regularly” means consistently or repeatedly.


(11) “Seminude” or “state of seminudity” has the same meaning as in section 2907.39 of the Revised Code.


(12) “Sexual device” means any three-dimensional object designed and marketed for stimulation of the male or female human genitals or anus or female breasts or for sadomasochistic use or abuse of oneself or others, including, but not limited to, dildos, vibrators, penis pumps, and physical representations of the human genital organs, but not including devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.


(13) “Sexual device shop” means a commercial establishment that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic, or establishment primarily dedicated to providing medical or healthcare products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.


(14) “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between individuals of the opposite sex when one or more of the individuals is nude or seminude.


(15) “Sexually oriented business” means an adult bookstore, adult video store, adult cabaret, adult motion picture theater, sexual device shop, or sexual encounter center, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.


(16) “Specified anatomical areas” includes human genitals, pubic region, and buttocks and the human female breast below a point immediately above the top of the areola.


(17) “Specified sexual activity” means sexual intercourse, oral copulation, masturbation, or sodomy, or excretory functions as a part of or in connection with any of these activities.


(B) No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to Chapter 4303. of the Revised Code may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented entertainment activity in which the performers appear nude.


(C)(1) No patron who is not a member of the employee's immediate family shall knowingly touch any employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or seminude.


(2) No employee who regularly appears nude or seminude on the premises of a sexually oriented business, while on the premises of that sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or the clothing of a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or allow a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family to touch the employee or the clothing of the employee.


(D) Whoever violates division (B) of this section is guilty of illegally operating a sexually oriented business, a misdemeanor of the first degree.


(E) Whoever violates division (C) of this section is guilty of illegal sexually oriented activity in a sexually oriented business. If the offender touches a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division (C) of this section is a misdemeanor of the first degree. If the offender does not touch a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of division (C) of this section is a misdemeanor of the fourth degree.



CREDIT(S)


(2008 S 183, eff. 9-11-08; 2007 S 97, eff. 9-4-07; 2007 S 16, eff. 9-4-07)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.41


Effective: April 4, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.41 Considerations in setting bail; bail schedules; appearance by video conference


(A) Subject to division (D) of this section, a person who is charged with the commission of any sexually oriented offense or with a violation of section 2907.09 of the Revised Code shall appear before the court for the setting of bail if the person charged previously was convicted of or pleaded guilty to a sexually oriented offense, a violation of section 2907.09 of the Revised Code, or a violation of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to section 2907.09 of the Revised Code.


(B) To the extent that information about any of the following is available to the court, the court, in addition to any other circumstances considered by the court and notwithstanding any provisions to the contrary contained in Criminal Rule 46, shall consider all of the following before setting bail for a person who appears before the court pursuant to division (A) of this section:


(1) Whether the person previously has been adjudicated a sexual predator or child-victim predator pursuant to Chapter 2950. of the Revised Code, previously has been determined to be a habitual sex offender or habitual child-victim offender pursuant to that Chapter, has a history of committing sexually oriented offenses or child-victim oriented offenses, or has a history of committing violations of section 2907.09 of the Revised Code or violations of an existing or former municipal ordinance or law of this or any other state or the United States that is substantially similar to that section;


(2) The mental health of the person;


(3) Whether the person has a history of violating the orders of any court or governmental entity;


(4) Whether the person is potentially a threat to any other person;


(5) Whether the person has access to deadly weapons or a history of using deadly weapons;


(6) Whether the person has a history of abusing alcohol or any controlled substance;


(7) The severity of the alleged conduct of the person that is the basis of the offense, including but not limited to, the duration of the alleged conduct, and whether the alleged conduct involved physical injury, assault, violence, or forcible entry to gain access to an alleged victim;


(8) Whether the person has exhibited obsessive or controlling behaviors toward another person, including, but not limited to, stalking, surveillance, or isolation of another person;


(9) Whether the person has expressed suicidal or homicidal ideations;


(10) Any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint.


(C) Any court that has jurisdiction over charges alleging the commission of a sexually oriented offense or a violation of section 2907.09 of the Revised Code, in circumstances in which the person charged previously was convicted of or pleaded guilty to any of the offenses or violations described in division (A) of this section, may set a schedule for bail to be used in cases involving those offenses and violations. The schedule shall require that a judge consider all of the factors listed in division (B) of this section and may require judges to set bail at a certain level if the history of the alleged offender or the circumstances of the alleged offense meet certain criteria in the schedule.


(D)(1) Upon the court's own motion or the motion of a party and upon any terms that the court may direct, a court may permit a person who is required to appear before it by division (A) of this section to appear by video conferencing equipment.


(2) If, in the opinion of the court, the appearance in person or by video conferencing equipment of a person who is charged with a misdemeanor and who is required to appear before the court by division (A) of this section is not practicable, the court may waive the appearance and release the person on bail in accordance with the court's schedule for bail set under division (C) of this section or, if the court has not set a schedule for bail under that division, on one or both of the following types of bail in an amount set by the court:


(a) A bail bond secured by a deposit of ten per cent of the amount of the bond in cash;


(b) A surety bond, a bond secured by real estate or securities as allowed by law, or the deposit of cash, at the option of the person.


(3) Division (A) of this section does not create a right in a person to appear before the court for the setting of bail or prohibit a court from requiring any person charged with a sexually oriented offense or a violation of section 2907.09 of the Revised Code who is not described in that division from appearing before the court for the setting of bail.


(E) As used in this section, “child-victim oriented offense,” “child-victim predator,” “habitual child-victim offender,” “habitual sex offender,” “sexually oriented offense,” and “sexual predator” have the same meanings as in section 2950.01 of the Revised Code.



CREDIT(S)


(2006 S 245, eff. 4-4-07)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.42


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.42 to 2907.48 Miscellaneous offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 49; 131 v H 455; 125 v 535; 1953 H 1; GC 12465, 12466, 12476-2, 12490)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.43


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.42 to 2907.48 Miscellaneous offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 49; 131 v H 455; 125 v 535; 1953 H 1; GC 12465, 12466, 12476-2, 12490)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.44


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.42 to 2907.48 Miscellaneous offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 49; 131 v H 455; 125 v 535; 1953 H 1; GC 12465, 12466, 12476-2, 12490)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.45


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.42 to 2907.48 Miscellaneous offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 49; 131 v H 455; 125 v 535; 1953 H 1; GC 12465, 12466, 12476-2, 12490)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.46


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.42 to 2907.48 Miscellaneous offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 49; 131 v H 455; 125 v 535; 1953 H 1; GC 12465, 12466, 12476-2, 12490)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.47


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.42 to 2907.48 Miscellaneous offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 49; 131 v H 455; 125 v 535; 1953 H 1; GC 12465, 12466, 12476-2, 12490)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2907.48


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2907. Sex Offenses (Refs & Annos)

Obscenity

2907.42 to 2907.48 Miscellaneous offenses--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 49; 131 v H 455; 125 v 535; 1953 H 1; GC 12465, 12466, 12476-2, 12490)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. T. XXIX, Ch. 2909, Refs & Annos


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure

Chapter 2909. Arson and Related Offenses


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.01


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

2909.01 Definitions


As used in sections 2909.01 to 2909.07 of the Revised Code:


(A) To “create a substantial risk of serious physical harm to any person” includes the creation of a substantial risk of serious physical harm to any emergency personnel.


(B) “Emergency personnel” means any of the following persons:


(1) A peace officer, as defined in section 2935.01 of the Revised Code;


(2) A member of a fire department or other firefighting agency of a municipal corporation, township, township fire district, joint fire district, other political subdivision, or combination of political subdivisions;


(3) A member of a private fire company, as defined in section 9.60 of the Revised Code, or a volunteer firefighter;


(4) A member of a joint ambulance district or joint emergency medical services district;


(5) An emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance operator, or other member of an emergency medical service that is owned or operated by a political subdivision or a private entity;


(6) The state fire marshal, the chief deputy state fire marshal, or an assistant state fire marshal;


(7) A fire prevention officer of a political subdivision or an arson, fire, or similar investigator of a political subdivision.


(C) “Occupied structure” means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following applies:


(1) It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether or not any person is actually present.


(2) At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present.


(3) At the time, it is specially adapted for the overnight accommodation of any person, whether or not any person is actually present.


(4) At the time, any person is present or likely to be present in it.


(D) “Political subdivision” and “state” have the same meanings as in section 2744.01 of the Revised Code.


(E) “Computer,” “computer hacking,” “computer network,” “computer program,” “computer software,” “computer system,” “data,” and “telecommunications device” have the same meanings as in section 2913.01 of the Revised Code.


(F) “Computer contaminant” means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (F)(1) to (4) of this section or of a type or kind similar to a type or kind described in divisions (F)(1) to (4) of this section:


(1) A group of computer programs commonly known as “ viruses” and “worms” that are self- replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;


(2) A group of computer programs commonly known as “ Trojans” or “Trojan horses” that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network;


(3) A group of computer programs commonly known as “ zombies” that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer's or network's performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as “Denial of Service” or “Distributed Denial of Service” attacks;


(4) A group of computer programs commonly know as “trap doors,” “back doors,” or “root kits” that are designed to bypass standard authentication software and that are designed to allow access to or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent.


(G) “Internet” has the same meaning as in section 341.42 of the Revised Code.



CREDIT(S)


(2004 S 146, eff. 9-23-04; 2002 S 115, eff. 3-19-03; 1998 S 30, eff. 5-6-98; 1995 S 150, eff. 11-24-95; 1992 H 675, eff. 3-19-93; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.02


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Arson

2909.02 Aggravated arson


(A) No person, by means of fire or explosion, shall knowingly do any of the following:


(1) Create a substantial risk of serious physical harm to any person other than the offender;


(2) Cause physical harm to any occupied structure;


(3) Create, through the offer or acceptance of an agreement for hire or other consideration, a substantial risk of physical harm to any occupied structure.


(B)(1) Whoever violates this section is guilty of aggravated arson.


(2) A violation of division (A)(1) or (3) of this section is a felony of the first degree.


(3) A violation of division (A)(2) of this section is a felony of the second degree.



CREDIT(S)


(1996 S 269, eff. 7-1-96; 1995 S 2, eff. 7-1-96; 1982 H 269, § 4, eff. 7-1-83; 1982 S 199; 1976 S 282; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.03


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Arson

2909.03 Arson


(A) No person, by means of fire or explosion, shall knowingly do any of the following:


(1) Cause, or create a substantial risk of, physical harm to any property of another without the other person's consent;


(2) Cause, or create a substantial risk of, physical harm to any property of the offender or another, with purpose to defraud;


(3) Cause, or create a substantial risk of, physical harm to the statehouse or a courthouse, school building, or other building or structure that is owned or controlled by the state, any political subdivision, or any department, agency, or instrumentality of the state or a political subdivision, and that is used for public purposes;


(4) Cause, or create a substantial risk of, physical harm, through the offer or the acceptance of an agreement for hire or other consideration, to any property of another without the other person's consent or to any property of the offender or another with purpose to defraud;


(5) Cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by another person, the state, or a political subdivision without the consent of the other person, the state, or the political subdivision;


(6) With purpose to defraud, cause, or create a substantial risk of, physical harm to any park, preserve, wildlands, brush-covered land, cut-over land, forest, timberland, greenlands, woods, or similar real property that is owned or controlled by the offender, another person, the state, or a political subdivision.


(B)(1) Whoever violates this section is guilty of arson.


(2) A violation of division (A)(1) of this section is one of the following:


(a) Except as otherwise provided in division (B)(2)(b) of this section, a misdemeanor of the first degree;


(b) If the value of the property or the amount of the physical harm involved is one thousand dollars or more, a felony of the fourth degree.


(3) A violation of division (A)(2), (3), (5), or (6) of this section is a felony of the fourth degree.


(4) A violation of division (A)(4) of this section is a felony of the third degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1995 S 2, eff. 7-1-96; 1992 H 675, eff. 3-19-93; 1982 H 269, § 4, S 199; 1976 S 282; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.04


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.04 Disrupting public services


(A) No person, purposely by any means or knowingly by damaging or tampering with any property, shall do any of the following:


(1) Interrupt or impair television, radio, telephone, telegraph, or other mass communications service; police, fire, or other public service communications; radar, loran, radio, or other electronic aids to air or marine navigation or communications; or amateur or citizens band radio communications being used for public service or emergency communications;


(2) Interrupt or impair public transportation, including without limitation school bus transportation, or water supply, gas, power, or other utility service to the public;


(3) Substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or emergency facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.


(B) No person shall knowingly use any computer, computer system, computer network, telecommunications device, or other electronic device or system or the internet so as to disrupt, interrupt, or impair the functions of any police, fire, educational, commercial, or governmental operations.


(C) Whoever violates this section is guilty of disrupting public services, a felony of the fourth degree.


(D) As used in this section:


(1) “Emergency medical services personnel” has the same meaning as in section 2133.21 of the Revised Code.


(2) “Emergency facility personnel” means any of the following:


(a) Any of the following individuals who perform services in the ordinary course of their professions in an emergency facility:


(i) Physicians authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery;


(ii) Registered nurses and licensed practical nurses licensed under Chapter 4723. of the Revised Code;


(iii) Physician assistants authorized to practice under Chapter 4730. of the Revised Code;


(iv) Health care workers;


(v) Clerical staffs.


(b) Any individual who is a security officer performing security services in an emergency facility;


(c) Any individual who is present in an emergency facility, who was summoned to the facility by an individual identified in division (D)(2)(a) or (b) of this section.


(3) “Emergency facility” means a hospital emergency department or any other facility that provides emergency medical services.


(4) “Hospital” has the same meaning as in section 3727.01 of the Revised Code.


(5) “Health care worker” means an individual, other than an individual specified in division (D)(2)(a), (b), or (c) of this section, who provides medical or other health-related care or treatment in an emergency facility, including medical technicians, medical assistants, orderlies, aides, or individuals acting in similar capacities.



CREDIT(S)


(2004 S 146, eff. 9-23-04; 2001 S 40, eff. 1-25-02; 1999 H 137, eff. 3-10-00; 1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.05


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.05 Vandalism


(A) No person shall knowingly cause serious physical harm to an occupied structure or any of its contents.


(B)(1) No person shall knowingly cause physical harm to property that is owned or possessed by another, when either of the following applies:


(a) The property is used by its owner or possessor in the owner's or possessor's profession, business, trade, or occupation, and the value of the property or the amount of physical harm involved is one thousand dollars or more;


(b) Regardless of the value of the property or the amount of damage done, the property or its equivalent is necessary in order for its owner or possessor to engage in the owner's or possessor's profession, business, trade, or occupation.


(2) No person shall knowingly cause serious physical harm to property that is owned, leased, or controlled by a governmental entity. A governmental entity includes, but is not limited to, the state or a political subdivision of the state, a school district, the board of trustees of a public library or public university, or any other body corporate and politic responsible for governmental activities only in geographical areas smaller than that of the state.


(C) No person, without privilege to do so, shall knowingly cause serious physical harm to any tomb, monument, gravestone, or other similar structure that is used as a memorial for the dead; to any fence, railing, curb, or other property that is used to protect, enclose, or ornament any cemetery; or to a cemetery.


(D) No person, without privilege to do so, shall knowingly cause physical harm to a place of burial by breaking and entering into a tomb, crypt, casket, or other structure that is used as a memorial for the dead or as an enclosure for the dead.


(E) Whoever violates this section is guilty of vandalism. Except as otherwise provided in this division, vandalism is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.11 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved is seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, vandalism is a felony of the fourth degree. If the value of the property or the amount of physical harm involved is one hundred fifty thousand dollars or more, vandalism is a felony of the third degree.


(F) For purposes of this section:


(1) “Cemetery” means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.


(2) “Serious physical harm” means physical harm to property that results in loss to the value of the property of one thousand dollars or more.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1998 H 429, eff. 9-30-98; 1995 S 2, eff. 7-1-96; 1992 H 675, eff. 3-19-93; 1986 S 316; 1982 H 269, S 199; 1980 H 618; 1978 H 741; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.06


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.06 Criminal damaging or endangering


(A) No person shall cause, or create a substantial risk of physical harm to any property of another without the other person's consent:


(1) Knowingly, by any means;


(2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.


(B) Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person, criminal damaging or endangering is a felony of the fifth degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal damaging or endangering is a felony of the fourth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1984 H 570, eff. 3-28-85; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.07


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.07 Criminal mischief; safety device defined


(A) No person shall:


(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another;


(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm;


(3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;


(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;


(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land;


(6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, knowingly do any of the following:


(a) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;


(b) Introduce a computer contaminant into a computer, computer system, computer network, computer software, or computer program.


(B) As used in this section, “safety device” means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.


(C)(1) Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (C)(2) or (3) of this section.


(2) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of division (A)(1), (2), (3), (4), or (5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the first degree. If the property involved in the violation of division (A)(1), (2), (3), (4), or (5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft , criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is one of the following:


(a) If the violation creates a risk of physical harm to any person, except as otherwise provided in division (C)(2)(b) of this section, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fifth degree.


(b) If the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fourth degree.


(3) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(6) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division, if the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars or more and less than ten thousand dollars, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fifth degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is ten thousand dollars or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a substantial risk of physical harm to any person or the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fourth degree.



CREDIT(S)


(2004 S 146, eff. 9-23-04; 1995 S 2, eff. 7-1-96; 1986 S 316, eff. 3-19-87; 1984 H 570; 1973 H 89; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.08


Effective: July 1, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.08 Endangering aircraft or airport operations


(A) As used in this section:


(1) “Air gun” means a hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.


(2) “Firearm” has the same meaning as in section 2923.11 of the Revised Code.


(3) “Spring-operated gun” means a hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.


(4) “Airport operational surface” means any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.


(B) No person shall do either of the following:


(1) Knowingly throw an object at, or drop an object upon, any moving aircraft;


(2) Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft.


(C) No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. This division does not apply to the following:


(1) An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of the officer's, agent's, or employee's duties;


(2) A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.


(D) Whoever violates division (B) of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates a risk of physical harm to any person, endangering aircraft is a felony of the fifth degree. If the violation creates a substantial risk of physical harm to any person or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony of the fourth degree.


(E) Whoever violates division (C) of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person, endangering airport operations is a felony of the fifth degree. If the violation creates a substantial risk of physical harm to any person, endangering airport operations is a felony of the fourth degree. In addition to any other penalty or sanction imposed for the violation, the hunting license or permit of a person who violates division (C) of this section while hunting shall be suspended or revoked pursuant to section 1533.68 of the Revised Code.


(F) Any bow and arrow, air gun, spring-operated gun, or firearm that has been used in a felony violation of this section shall be seized or forfeited, and shall be disposed of pursuant to Chapter 2981. of the Revised Code.



CREDIT(S)


(2006 H 241, eff. 7-1-07; 1995 S 2, eff. 7-1-96; 1984 H 570, eff. 3-28-85)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.081


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.081 Discharge of laser into cockpit of aircraft


(A) No person shall knowingly discharge a laser or other device that creates visible light into the cockpit of an aircraft that is in the process of taking off or landing or is in flight.


(B) Whoever violates this section is guilty of interfering with the operation of an aircraft with a laser, a felony of the second degree.


(C) As used in this section, “laser” means both of the following:


(1) Any device that utilizes the natural oscillations of atoms or molecules between energy levels for generating coherent electromagnetic radiation in the ultraviolet, visible, or infrared region of the spectrum and when discharged exceeds one milliwatt continuous wave;


(2) Any device designed or used to amplify electromagnetic radiation by simulated emission that is visible to the human eye.



CREDIT(S)


(2006 H 231, eff. 7-20-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.09


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.09 Vehicular vandalism


(A) As used in this section:


(1) “Highway” means any highway as defined in section 4511.01 of the Revised Code or any lane, road, street, alley, bridge, or overpass.


(2) “Alley,” “street,” “streetcar,” “trackless trolley,” and “vehicle” have the same meanings as in section 4511.01 of the Revised Code.


(3) “Vessel” and “waters in this state” have the same meanings as in section 1547.01 of the Revised Code.


(B) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of any of the following:


(1) Any vehicle, streetcar, or trackless trolley on a highway;


(2) Any boat or vessel on any of the waters in this state.


(C) Whoever violates this section is guilty of vehicular vandalism. Except as otherwise provided in this division, vehicular vandalism is a misdemeanor of the first degree. Except as otherwise provided in this division, if the violation of this section creates a substantial risk of physical harm to any person or the violation of this section causes serious physical harm to property, vehicular vandalism is a felony of the fourth degree. Except as otherwise provided in this division, if the violation of this section causes physical harm to any person, vehicular vandalism is a felony of the third degree. If the violation of this section causes serious physical harm to any person, vehicular vandalism is a felony of the second degree.



CREDIT(S)


(2002 S 163, eff. 4-9-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.10


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.10 Railroad vandalism; criminal trespass on locomotive, engine, railroad car, or other railroad vehicle; interference with operation of train; criminal trespass on land or premises of railroad company


(A) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of, any railroad rail, railroad track, locomotive, engine, railroad car, or other vehicle of a railroad company while such vehicle is on a railroad track.


(B) No person, without privilege to do so, shall climb upon or into any locomotive, engine, railroad car, or other vehicle of a railroad company when it is on a railroad track.


(C) No person, without privilege to do so, shall disrupt, delay, or prevent the operation of any train or other vehicle of a railroad company while such vehicle is on a railroad track.


(D) No person, without privilege to do so, shall knowingly enter or remain on the land or premises of a railroad company.


(E) Whoever violates division (A) of this section is guilty of railroad vandalism. Whoever violates division (B) of this section is guilty of criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle. Whoever violates division (C) of this section is guilty of interference with the operation of a train.


Except as otherwise provided in this division, railroad vandalism; criminal trespass on a locomotive, engine, railroad car, or other railroad vehicle; and interference with the operation of a train each is a misdemeanor of the first degree. Except as otherwise provided in this division, if the violation of division (A), (B), or (C) of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, the violation is a felony of the fourth degree. Except as otherwise provided in this division, if the violation of division (A), (B), or (C) of this section causes physical harm to any person, the violation is a felony of the third degree. If the violation of division (A), (B), or (C) of this section causes serious physical harm to any person, the violation is a felony of the second degree.


(F) Whoever violates division (D) of this section is guilty of criminal trespass on the land or premises of a railroad company, a misdemeanor of the fourth degree.



CREDIT(S)


(2002 S 163, eff. 4-9-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.101


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.101 Railroad grade crossing device vandalism


(A) No person shall knowingly deface, damage, obstruct, remove, or otherwise impair the operation of any railroad grade crossing warning signal or other protective device, including any gate, bell, light, crossbuck, stop sign, yield sign, advance warning sign, or advance pavement marking.


(B) Whoever violates this section is guilty of railroad grade crossing device vandalism. Except as otherwise provided in this division, railroad grade crossing device vandalism is a misdemeanor of the first degree. Except as otherwise provided in this division, if the violation of this section causes serious physical harm to property or creates a substantial risk of physical harm to any person, railroad grade crossing device vandalism is a felony of the fourth degree. Except as otherwise provided in this division, if the violation of this section causes physical harm to any person, railroad grade crossing device vandalism is a felony of the third degree. If the violation of this section causes serious physical harm to any person, railroad grade crossing device vandalism is a felony of the second degree.



CREDIT(S)


(2002 S 163, eff. 4-9-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.11


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.11 Determining property value or amount of physical harm


(A) When a person is charged with a violation of division (A)(1) of section 2909.03 of the Revised Code involving property value or an amount of physical harm of one thousand dollars or more or with a violation of section 2909.05 of the Revised Code involving property value or an amount of physical harm of one thousand dollars 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, section 2945.75 of the Revised Code applies, and it is sufficient if either of the following applies, as appropriate, relative to the finding and return of the value or amount of physical harm:


(1) If the finding and return relate to a violation of division (A)(1) of section 2909.03 of the Revised Code and are that the value or amount of the physical harm was one thousand dollars or more, the finding and return shall include a statement that the value or amount was one thousand dollars or more.


(2) If the finding and return relate to a violation of section 2909.05 of the Revised Code and are that the value or amount of the physical harm was in any of the following categories, the finding and return shall include one of the following statements, as appropriate:


(a) If the finding and return are that the value or amount was one hundred fifty thousand dollars or more, a statement that the value or amount was one hundred fifty thousand dollars or more;


(b) If the finding and return are that the value or amount was seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars a statement that the value or amount was seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars;


(c) If the finding and return are that the value or amount was one thousand dollars or more but less than seven thousand five hundred dollars, a statement that the value or amount was one thousand dollars or more but less than seven thousand five hundred dollars.


(B) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of division (A)(1) of section 2909.03 or section 2909.05 of the Revised Code:


(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) As used in this section, “fair market value” has the same meaning as in section 2913.61 of the Revised Code.


(D) Prima-facie evidence of the value of property, as provided in division (E) of section 2913.61 of the Revised Code, may be used to establish the value of property pursuant to this section.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1995 S 2, eff. 7-1-96; 1992 H 675, eff. 3-19-93; 1982 H 269, S 199; 1980 H 618; 1978 H 741; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.12


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.12 Throwing or shooting at train, motor vehicle or vessel--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 146; 126 v 575; 1953 H 1; GC 12497)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.13


Effective:[See Text Amendments] to June 30, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.13 Posting bills on buildings without consent of owner--Repealed


<Note: See also version(s) of this section with later effective date(s).>



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12492)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.13


Effective: July 1, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.13 Definitions for RC 2909.13 to 2909.15


<Note: Effective 7-1-13.>


As used in sections 2909.13 to 2909.15 of the Revised Code:


(A) “Arson-related offense” means any of the following violations or offenses committed by a person:


(1) A violation of section 2909.02 or 2909.03 of the Revised Code;


(2) Any attempt to commit, conspiracy to commit, or complicity in committing either offense listed in division (A)(1) of this section.


(B) “Arson offender” means any of the following:


(1) A person who on or after the effective date of this section is convicted of or pleads guilty to an arson-related offense;


(2) A person who on the effective date of this section has been convicted of or pleaded guilty to an arson-related offense and is confined in a jail, workhouse, state correctional institution, or other institution, serving a prison term, term of imprisonment, or other term of confinement for the offense;


(3) A person who on or after the effective date of this section is charged with committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2909.02 or 2909.03 of the Revised Code and who pleads guilty to a violation of any provision of Chapter 2909. of the Revised Code other than section 2909.02 or 2909.03 of the Revised Code.


(C) “Community control sanction,” “jail,” and “prison” have the same meanings as in section 2929.01 of the Revised Code.


(D) “Firefighter” has the same meaning as in section 4765.01 of the Revised Code.


(E) “Out-of-state arson offender” means a person who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a violation of any existing or former municipal ordinance or law of another state or the United States, or any existing or former law applicable in a military court or in an Indian tribal court, that is or was substantially equivalent to a violation of section 2909.02 or 2909.03 of the Revised Code.


(F) “Post-release control sanction” and “supervised release” have the same meanings as in section 2950.01 of the Revised Code.



CREDIT(S)


(2012 S 70, eff. 7-1-13)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.14


Effective:[See Text Amendments] to June 30, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.14 Breaking open pounds--Repealed


<Note: See also version(s) of this section with later effective date(s).>



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12493)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.14


Effective: July 1, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.14 Notice of arson offender’s duty to register


<Note: Effective 7-1-13.>


(A) Each arson offender shall be provided notice of the arson offender's duty to register personally with the sheriff of the county in which the arson offender resides or that sheriff's designee. The following persons shall provide the notice at the following times:


(1) On or after the effective date of this section, the official in charge of a jail, workhouse, state correctional institution, or other institution in which an arson offender is serving a prison term, term of imprisonment, or other term of confinement, or the official's designee, shall provide the notice to the arson offender before the arson offender is released pursuant to any type of supervised release or before the arson offender is otherwise released from the prison term, term of imprisonment, or other term of confinement.


(2) If an arson offender is sentenced on or after the effective date of this section for an arson-related offense and the judge does not sentence the arson offender to a prison term, term of imprisonment, or other term of confinement in a jail, workhouse, state correctional institution, or other institution for that offense, the judge shall provide the notice to the arson offender at the time of the arson offender's sentencing.


(B) The judge, official, or official's designee providing the notice under divisions (A)(1) and (2) of this section shall require the arson offender to read and sign a form stating that the arson offender has received and understands the notice. If the arson offender is unable to read, the judge, official, or official's designee shall inform the arson offender of the arson offender's duties as set forth in the notice and shall certify on the form that the judge, official, or official's designee informed the arson offender of the arson offender's duties and that the arson offender indicated an understanding of those duties.


(C) The attorney general shall prescribe the notice and the form provided under division (B) of this section. The notice shall include notice of the arson offender's duties to reregister annually.


(D) The person providing the notice under division (B) of this section shall provide a copy of the notice and signed form to the arson offender. The person providing the notice also shall determine the county in which the arson offender intends to reside and shall provide a copy of the signed form to the sheriff of that county in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code.



CREDIT(S)


(2012 S 70, eff. 7-1-13)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.15


Effective:[See Text Amendments] to June 30, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.15 Taking bicycle with intent to injure or use--Repealed


<Note: See also version(s) of this section with later effective date(s).>



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12514)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.15


Effective: July 1, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.15 Arson offender registry


<Note: Effective 7-1-13.>


(A) Each arson offender who has received notice pursuant to section 2909.14 of the Revised Code shall register personally with the sheriff of the county in which the arson offender resides or that sheriff's designee within the following time periods:


(1) An arson offender who receives notice under division (A)(1) of section 2909.14 of the Revised Code shall register within ten days after the arson offender is released from a jail, workhouse, state correctional institution, or other institution, unless the arson offender is being transferred to the custody of another jail, workhouse, state correctional institution, or other institution. The arson offender is not required to register with any sheriff or designee prior to release.


(2) An arson offender who receives notice under division (A)(2) of section 2909.14 of the Revised Code shall register within ten days after the sentencing hearing.


(B) Each out-of-state arson offender shall register personally with the sheriff of the county in which the out-of-state arson offender resides or that sheriff's designee within ten days after residing in or occupying a dwelling in this state for more than three consecutive days.


(C)(1) An arson offender or out-of-state arson offender shall register personally with the sheriff of the county in which the offender resides or that sheriff's designee. The registrant shall obtain from the sheriff or designee a copy of a registration form prescribed by the attorney general that conforms to division (C)(2) of this section, shall complete and sign the form, and shall return to the sheriff or designee the completed and signed form together with the identification records required under division (C)(3) of this section.


(2) The registration form to be used under division (C)(1) of this section shall include or contain all of the following for the arson offender or out-of-state arson offender who is registering:


(a) The arson offender's or out-of-state arson offender's full name and any alias used;


(b) The arson offender's or out-of-state arson offender's residence address;


(c) The arson offender's or out-of-state arson offender's social security number;


(d) Any driver's license number, commercial driver's license number, or state identification card number issued to the arson offender or out-of-state arson offender by this or another state;


(e) The offense that the arson offender or out-of-state arson offender was convicted of or pleaded guilty to;


(f) The name and address of any place where the arson offender or out-of-state arson offender is employed;


(g) The name and address of any school or institution of higher education that the arson offender or out-of-state arson offender is attending;


(h) The identification license plate number of each vehicle owned or operated by the arson offender or out-of-state arson offender or registered in the arson offender's or out-of-state arson offender's name, the vehicle identification number of each vehicle, and a description of each vehicle;


(i) A description of any scars, tattoos, or other distinguishing marks on the arson offender or out-of-state arson offender;


(j) Any other information required by the attorney general.


(3) The arson offender or out-of-state arson offender shall provide fingerprints and palm prints at the time of registration. The sheriff or sheriff's designee shall obtain a photograph of the arson offender or out-of-state arson offender at the time of registration.


(D)(1) Each arson offender or out-of-state arson offender shall reregister annually, in person, with the sheriff of the county in which the offender resides or that sheriff's designee within ten days of the anniversary of the calendar date on which the offender initially registered. The registrant shall reregister by completing, signing, and returning to the sheriff or designee a copy of the registration form prescribed by the attorney general and described in divisions (C)(1) and (2) of this section, amending any information required under division (C) of this section that has changed since the registrant's last registration, and providing any additional registration information required by the attorney general. The sheriff or designee with whom the arson offender or out-of-state arson offender reregisters shall obtain a new photograph of the offender annually when the offender reregisters. Additionally, if the arson offender's or out-of-state arson offender's most recent registration or reregistration was with a sheriff or designee of a sheriff of a different county, the offender shall provide written notice of the offender's change of residence address to that sheriff or a designee of that sheriff.


(2)(a) Except as provided in division (D)(2)(b) of this section, the duty of an arson offender or out-of-state arson offender to reregister annually shall continue until the offender's death.


(b) The judge may limit an arson offender's duty to reregister at an arson offender's sentencing hearing to not less than ten years if the judge receives a request from the prosecutor and the investigating law enforcement agency to consider limiting the arson offender's registration period.


(3) The official in charge of a jail, workhouse, state correctional institution, or other institution shall notify the attorney general in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code if a registered arson offender or out-of-state arson offender is confined in the jail, workhouse, state correctional institution, or other institution.


(E)(1) After an arson offender or out-of-state arson offender registers or reregisters with a sheriff or a sheriff's designee pursuant to this section, the sheriff or designee shall forward the offender's signed, written registration form, photograph, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation in accordance with forwarding procedures adopted by the attorney general under division (G) of this section. The bureau shall include the information and materials forwarded to it under this division in the registry of arson offenders and out-of-state arson offenders established and maintained under division (E)(2) of this section.


(2) The bureau of criminal identification and investigation shall establish and maintain a registry of arson offenders and out-of-state arson offenders that includes the information and materials the bureau receives pursuant to division (D)(1) of this section. The bureau shall make the registry available to the fire marshal's office, to state and local law enforcement officers, and to any firefighter who is authorized by the chief of the agency the firefighter serves to review the record through the Ohio law enforcement gateway or its successor. The registry of arson offenders and out-of-state arson offenders maintained by the bureau is not a public record under section 149.43 of the Revised Code.


(F) Each sheriff or sheriff's designee with whom an arson offender or out-of-state arson offender registers or reregisters under this section shall collect a registration fee of fifty dollars and an annual reregistration fee of twenty-five dollars from each arson offender or out-of-state arson offender who registers or reregisters with the sheriff or designee. By the last day of March, the last day of June, the last day of September, and the last day of December in each year, each sheriff who collects or whose designee collects any fees under this division in the preceding three-month period shall send to the attorney general the fees collected during that period. The fees shall be used for the maintenance of the registry of arson offenders and out-of-state arson offenders. A sheriff or designee may waive a fee for an indigent arson offender or out-of-state arson offender.


(G) The attorney general shall prescribe the forms to be used by arson offenders and out-of-state arson offenders to register, reregister, and provide notice of a change of residence address under divisions (A) to (D) of this section. The attorney general shall adopt procedures for sheriffs to use to forward information, photographs, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation pursuant to division (E)(1) of this section.


(H) Whoever fails to register or reregister as required by this section is guilty of a felony of the fifth degree. If an arson offender or out-of-state arson offender is subject to a community control sanction, is on parole, is subject to one or more post-release control sanctions, or is subject to any other type of supervised release at the time of the violation, the violation shall constitute a violation of the terms and conditions of the community control sanction, parole, post-release control sanction, or other type of supervised released.



CREDIT(S)


(2012 S 70, eff. 7-1-13)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.16


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.16 Altering, defacing, or removing number or name on bicycle--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12515)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.17


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.17 Injuring, removing, or destroying part of bicycle--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12516)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.18


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.18 Disposition of fines--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12518)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.19


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.19 Entering ground of agricultural association or molesting property--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 12519)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.20


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Disruption, Vandalism, Damaging, and Endangering

2909.20 Prosecutions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 129 v 582; 1953 H 1; GC 12520)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.21


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.21 Definitions


As used in sections 2909.21 to 2909.31 of the Revised Code:


(A) “Act of terrorism” means an act that is committed within or outside the territorial jurisdiction of this state or the United States, that constitutes a specified offense if committed in this state or constitutes an offense in any jurisdiction within or outside the territorial jurisdiction of the United States containing all of the essential elements of a specified offense, and that is intended to do one or more of the following:


(1) Intimidate or coerce a civilian population;


(2) Influence the policy of any government by intimidation or coercion;


(3) Affect the conduct of any government by the act that constitutes the offense.


(B) “Biological agent,” “delivery system,” “toxin,” and “vector” have the same meanings as in section 2917.33 of the Revised Code.


(C) “Biological weapon” means any biological agent, toxin, vector, or delivery system or combination of any biological agent or agents, any toxin or toxins, any vector or vectors, and any delivery system or systems.


(D) “Chemical weapon” means any one or more of the following:


(1) Any toxic chemical or precursor of a toxic chemical that is listed in Schedule 1, Schedule 2, or Schedule 3 of the international “Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC),” as entered into force on April 29, 1997;


(2) A device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or precursor identified in division (D)(1) of this section that would be created or released as a result of the employment of that device;


(3) Any equipment specifically designed for use directly in connection with the employment of devices identified in division (D)(2) of this section.


(E) “Radiological or nuclear weapon” means any device that is designed to create or release radiation or radioactivity at a level that is dangerous to human life or in order to cause serious physical harm to persons as a result of the radiation or radioactivity created or released.


(F) “Explosive device” has the same meaning as in section 2923.11 of the Revised Code.


(G) “Key component of a binary or multicomponent chemical system” means the precursor that plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent chemical system.


(H) “Material support or resources” means currency, payment instruments, other financial securities, funds, transfer of funds, financial services, communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.


(I) “Payment instrument” means a check, draft, money order, traveler's check, cashier's check, teller's check, or other instrument or order for the transmission or payment of money, regardless of whether the item in question is negotiable.


(J) “Peace officer” and “prosecutor” have the same meanings as in section 2935.01 of the Revised Code.


(K) “Precursor” means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system.


(L) “Response costs” means all costs a political subdivision incurs as a result of, or in making any response to, a threat of a specified offense made as described in section 2909.23 of the Revised Code or a specified offense committed as described in section 2909.24 of the Revised Code, including, but not limited to, all costs so incurred by any law enforcement officers, firefighters, rescue personnel, or emergency medical services personnel of the political subdivision and all costs so incurred by the political subdivision that relate to laboratory testing or hazardous material cleanup.


(M) “Specified offense” means any of the following:


(1) A felony offense of violence, a violation of section 2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the first degree that is not a violation of any provision in Chapter 2925. or 3719. of the Revised Code;


(2) An attempt to commit, complicity in committing, or a conspiracy to commit an offense listed in division (M)(1) of this section.


(N) “Toxic chemical” means any chemical that through its chemical action on life processes can cause death or serious physical harm to persons or animals, regardless of its origin or of its method of production and regardless of whether it is produced in facilities, in munitions, or elsewhere.


(O) “Hazardous radioactive substance” means any substance or item that releases or is designed to release radiation or radioactivity at a level dangerous to human life.



CREDIT(S)


(2012 H 487, eff. 9-10-12; 2006 H 231, eff. 7-20-06; 2005 S 9, eff. 4-14-06; 2002 S 184, eff. 5-15-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.22


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.22 Support of terrorism


(A) No person shall raise, solicit, collect, donate, or provide any material support or resources, with purpose that the material support or resources will be used in whole or in part to plan, prepare, carry out, or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism.


(B) Whoever violates this section is guilty of soliciting or providing support for an act of terrorism, a felony of the third degree. Section 2909.25 of the Revised Code applies regarding an offender who is convicted of or pleads guilty to a violation of this section.


(C) A prosecution for a violation of this section does not preclude a prosecution for a violation of any other section of the Revised Code. One or more acts, a series of acts, or a course of behavior that can be prosecuted under this section or any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.



CREDIT(S)


(2002 S 184, eff. 5-15-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.23


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.23 Terroristic threats


(A) No person shall threaten to commit or threaten to cause to be committed a specified offense when both of the following apply:


(1) The person makes the threat with purpose to do any of the following:


(a) Intimidate or coerce a civilian population;


(b) Influence the policy of any government by intimidation or coercion;


(c) Affect the conduct of any government by the threat or by the specified offense.


(2) As a result of the threat, the person causes a reasonable expectation or fear of the imminent commission of the specified offense.


(B) It is not a defense to a charge of a violation of this section that the defendant did not have the intent or capability to commit the threatened specified offense or that the threat was not made to a person who was a subject of the threatened specified offense.


(C) Whoever violates this section is guilty of making a terroristic threat, a felony of the third degree. Section 2909.25 of the Revised Code applies regarding an offender who is convicted of or pleads guilty to a violation of this section.



CREDIT(S)


(2002 S 184, eff. 5-15-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.24


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.24 Terrorism


(A) No person shall commit a specified offense with purpose to do any of the following:


(1) Intimidate or coerce a civilian population;


(2) Influence the policy of any government by intimidation or coercion;


(3) Affect the conduct of any government by the specified offense.


(B)(1) Whoever violates this section is guilty of terrorism.


(2) Except as otherwise provided in divisions (B)(3) and (4) of this section, terrorism is an offense one degree higher than the most serious underlying specified offense the defendant committed.


(3) If the most serious underlying specified offense the defendant committed is a felony of the first degree or murder, the person shall be sentenced to life imprisonment without parole.


(4) If the most serious underlying specified offense the defendant committed is aggravated murder, the offender shall be sentenced to life imprisonment without parole or death pursuant to sections 2929.02 to 2929.06 of the Revised Code.


(5) Section 2909.25 of the Revised Code applies regarding an offender who is convicted of or pleads guilty to a violation of this section.



CREDIT(S)


(2002 S 184, eff. 5-15-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.25


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.25 Recovery of costs of investigation and prosecution of act of terrorism


(A) In addition to the financial sanctions authorized under section 2929.18 of the Revised Code, the court imposing sentence upon an offender who is convicted of or pleads guilty to a violation of section 2909.22, 2909.23, or 2909.24 of the Revised Code or to a violation of section 2921.32 of the Revised Code when the offense or act committed by the person aided or to be aided as described in that section is an act of terrorism may order the offender to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in the investigation and prosecution of the violation. The court shall hold a hearing to determine the amount of costs to be imposed under this section. The court may hold the hearing as part of the sentencing hearing for the offender.


(B) If a person is convicted of or pleads guilty to a violation of section 2909.23 or 2909.24 of the Revised Code and if any political subdivision incurred any response costs as a result of, or in making any response to, the threat of the specified offense involved in the violation of section 2909.23 of the Revised Code or the actual specified offense involved in the violation of section 2909.24 of the Revised Code, in addition to the financial sanctions authorized under section 2929.18 of the Revised Code, the court imposing sentence upon the offender for the violation may order the offender to reimburse the involved political subdivision for the response costs it so incurred.



CREDIT(S)


(2002 S 184, eff. 5-15-02)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.26


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.26 Possession of chemical, biological, radiological or nuclear weapon or explosive device; penalty


(A) No person shall knowingly possess any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with the intent to use it to cause serious physical harm or death to another person.


(B) No person shall knowingly possess any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with intent to use the weapon to do any of the following:


(1) Intimidate or coerce a civilian population;


(2) Influence the policy of any government by intimidation or coercion;


(3) Affect the conduct of any government by murder, assassination, or kidnapping.


(C) Whoever violates this section is guilty of criminal possession of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. A violation of division (A) of this section is a felony of the third degree. A violation of division (B) of this section is a felony of the second degree.


(D) This section does not apply when the items described in division (A) of this section are possessed for a purpose related to the performance of official duties related to any military purpose of the United States and any law enforcement purpose, including any domestic riot control purpose.



CREDIT(S)


(2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.27


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.27 Deployment, release, or use of chemical, biological, radiological or nuclear weapon; penalty


(A) No person shall recklessly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device that creates a risk of death or serious physical harm to another person not a participant in the offense.


(B) No person shall knowingly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with the intent to do any of the following:


(1) Intimidate or coerce a civilian population;


(2) Influence the policy of any government by intimidation or coercion;


(3) Affect the conduct of any government by murder, assassination, or kidnapping;


(4) Cause physical harm to, or the death of, any person who is not a participant in the offense.


(C) Whoever violates this section is guilty of criminal use of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. A violation of division (A) of this section is a felony of the second degree. A violation of division (B) of this section is a felony of the first degree.


(D)(1) Division (A) of this section does not apply to any person who uses any of the following:


(a) Any household product that is generally available for sale to consumers in this state in the quantity and concentration available for sale to those consumers;


(b) A self-defense spray;


(c) A biological agent, toxin, or delivery system the person possesses solely for protective, bona fide research, or other peaceful purposes;


(d) A chemical weapon that the person possesses solely for a purpose not prohibited under this section if the type and quantity is consistent with that purpose.


(2) For purposes of this division, “a purpose not prohibited under this section” means any of the following:


(a) Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;


(b) Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;


(c) Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm, when related to the performance of official duties;


(d) Any law enforcement purpose, including any domestic riot control purpose, when related to the performance of official duties.



CREDIT(S)


(2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.28


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.28 Assembly or possession of chemicals or substances to manufacture chemical, biological, radiological or nuclear weapons; penalty


(A) No person, with the intent to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, shall knowingly assemble or possess one or more toxins, toxic chemicals, precursors of toxic chemicals, vectors, biological agents, or hazardous radioactive substances that may be used to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device.


(B) In a prosecution under this section, it is not necessary to allege or prove that the offender assembled or possessed all chemicals or substances necessary to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. The assembly or possession of a single chemical or substance, with the intent to use that chemical or substance in the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, is sufficient to violate this section.


(C) Whoever violates this section is guilty of illegal assembly or possession of chemicals or substances for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, which is a felony of the fourth degree.


(D) This section does not apply when the items described in division (A) of this section are assembled or possessed for a purpose related to the performance of official duties related to any military purpose of the United States and any law enforcement purpose, including any domestic riot control purpose.



CREDIT(S)


(2012 H 487, eff. 9-10-12; 2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.29


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.29 Money laundering in support of terrorism; penalty


(A) No person, knowing that property is the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used in support of an act of terrorism, shall conduct or attempt to conduct any transaction involving that property or transport, transmit or transfer that monetary instrument with the intent to do any of the following:


(1) Commit or further the commission of criminal activity;


(2) Conceal or disguise the nature, location, source, ownership, or control of either the proceeds of an act of terrorism or a monetary instrument given, received, or intended to be used to support an act of terrorism;


(3) Conceal or disguise the intent to avoid a transaction reporting requirement under section 1315.53 of the Revised Code or federal law.


(B)(1) Whoever violates this section is guilty of money laundering in support of terrorism, which is a misdemeanor of the first degree, except as otherwise provided in this division.


(2) A violation of division (A) of this section is a felony of the fifth degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds one thousand dollars and is less than five thousand dollars.


(3) Money laundering in support of terrorism is a felony of the fourth degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds five thousand dollars and is less than twenty-five thousand dollars.


(4) Money laundering in support of terrorism is a felony of the third degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds twenty-five thousand dollars and is less than seventy-five thousand dollars.


(5) Money laundering in support of terrorism is a felony of the second degree if the total value of the property or monetary instrument involved in the transaction equals or exceeds seventy-five thousand dollars.



CREDIT(S)


(2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.30


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.30 Notice to immigration and customs enforcement of suspected aliens convicted of felony or serving prison term; transfer upon completion of prison term


(A) A judge of a court of record shall direct the clerk of that court to notify the immigration and customs enforcement section of the United States department of homeland security when a suspected alien has been convicted of or pleaded guilty to a felony.


(B) The department of rehabilitation and correction monthly shall compile a list of suspected aliens who are serving a prison term. The list shall include the earliest possible date of release of the offender, whether through expiration of prison term, parole, or other means. The department shall provide a copy of the list to the immigration and customs enforcement section of the United States department of homeland security for the section to determine whether it wishes custody of the suspected alien. If the immigration and customs enforcement section indicates it wishes custody, the department of rehabilitation and correction is responsible for the suspected alien until the section takes custody.


(C) The department of rehabilitation and correction, pursuant to a valid detainer lodged against an alien who is not legally present in the United States and who has been convicted of or pleaded guilty to a felony, shall transfer that alien to the custody of the immigration and enforcement section of the United States department of homeland security upon completion of the alien's prison term.


(D) As used in this section, “alien” means an individual who is not a citizen of the United States.



CREDIT(S)


(2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.31


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.31 Refusal to show identification at critical transportation infrastructure sites


(A) 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.


(B) A law enforcement officer may prevent any person who refuses to show identification when asked under the circumstances described in division (A) of this section from entering the critical transportation infrastructure site.



CREDIT(S)


(2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.32


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.32 State licenses; rules; applicants to complete declaration of material assistance/non-assistance; denial; reinstatement; false statements; revocation of license; hearing--Repealed



CREDIT(S)


(2012 H 487, § 105.01, eff. 9-10-12; 2006 H 461, eff. 4-4-07; 2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.33


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.33 Declaration of material assistance/nonassistance for persons or groups with controlling interest in a company, affiliated group, or organization; precertification; conducting business or state funding; restrictions; false certification--Repealed



CREDIT(S)


(2012 H 487, § 105.01, eff. 9-10-12; 2006 H 461, eff. 4-4-07; 2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2909.34


Effective: September 10, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2909. Arson and Related Offenses (Refs & Annos)

Terrorism

2909.34 Declaration of material assistance/nonassistance for employment applicants; denial; review; false statements; penalty; termination--Repealed



CREDIT(S)


(2012 H 487, § 105.01, eff. 9-10-12; 2006 H 461, eff. 4-4-07; 2005 S 9, eff. 4-14-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. T. XXIX, Ch. 2911, Refs & Annos


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure

Chapter 2911. Robbery, Burglary, and Trespass


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.01


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.01 Aggravated robbery


(A) No person, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, shall do any of the following:


(1) Have a deadly weapon on or about the offender's person or under the offender's control and either display the weapon, brandish it, indicate that the offender possesses it, or use it;


(2) Have a dangerous ordnance on or about the offender's person or under the offender's control;


(3) Inflict, or attempt to inflict, serious physical harm on another.


(B) No person, without privilege to do so, shall knowingly remove or attempt to remove a deadly weapon from the person of a law enforcement officer, or shall knowingly deprive or attempt to deprive a law enforcement officer of a deadly weapon, when both of the following apply:


(1) The law enforcement officer, at the time of the removal, attempted removal, deprivation, or attempted deprivation, is acting within the course and scope of the officer's duties;


(2) The offender knows or has reasonable cause to know that the law enforcement officer is a law enforcement officer.


(C) Whoever violates this section is guilty of aggravated robbery, a felony of the first degree.


(D) As used in this section:


(1) “Deadly weapon” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code.


(2) “Law enforcement officer” has the same meaning as in section 2901.01 of the Revised Code and also includes employees of the department of rehabilitation and correction who are authorized to carry weapons within the course and scope of their duties.



CREDIT(S)


(1997 H 151, eff. 9-16-97; 1995 S 2, eff. 7-1-96; 1983 S 210, eff. 7-1-83; 1982 H 269, § 4, S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.02


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.02 Robbery


(A) No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:


(1) Have a deadly weapon on or about the offender's person or under the offender's control;


(2) Inflict, attempt to inflict, or threaten to inflict physical harm on another;


(3) Use or threaten the immediate use of force against another.


(B) Whoever violates this section is guilty of robbery. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.


(C) As used in this section:


(1) “Deadly weapon” has the same meaning as in section 2923.11 of the Revised Code.


(2) “Theft offense” has the same meaning as in section 2913.01 of the Revised Code.



CREDIT(S)


(1996 S 269, eff. 7-1-96; 1995 S 2, eff. 7-1-96; 1982 H 269, § 4, eff. 7-1-83; 1982 S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.03


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.03 to 2911.09 False statements; stock brokers--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13105-1, 13108, 13108-1, 13108-2, 13108-3, 13108-4, 13108-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.04


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.03 to 2911.09 False statements; stock brokers--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13105-1, 13108, 13108-1, 13108-2, 13108-3, 13108-4, 13108-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.05


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.03 to 2911.09 False statements; stock brokers--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13105-1, 13108, 13108-1, 13108-2, 13108-3, 13108-4, 13108-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.06


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.03 to 2911.09 False statements; stock brokers--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13105-1, 13108, 13108-1, 13108-2, 13108-3, 13108-4, 13108-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.07


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.03 to 2911.09 False statements; stock brokers--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13105-1, 13108, 13108-1, 13108-2, 13108-3, 13108-4, 13108-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.08


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.03 to 2911.09 False statements; stock brokers--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13105-1, 13108, 13108-1, 13108-2, 13108-3, 13108-4, 13108-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.09


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.03 to 2911.09 False statements; stock brokers--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13105-1, 13108, 13108-1, 13108-2, 13108-3, 13108-4, 13108-5)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.10


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Robbery

2911.10 Element of trespass defined


As used in sections 2911.11 to 2911.13 of the Revised Code, the element of trespass refers to a violation of section 2911.21 of the Revised Code.



CREDIT(S)


(2006 H 96, eff. 8-3-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.11


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.11 Aggravated burglary


(A) No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply:


(1) The offender inflicts, or attempts or threatens to inflict physical harm on another;


(2) The offender has a deadly weapon or dangerous ordnance on or about the offender's person or under the offender's control.


(B) Whoever violates this section is guilty of aggravated burglary, a felony of the first degree.


(C) As used in this section:


(1) “Occupied structure” has the same meaning as in section 2909.01 of the Revised Code.


(2) “Deadly weapon” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code.



CREDIT(S)


(1996 S 269, eff. 7-1-96; 1995 S 2, eff. 7-1-96; 1983 S 210, eff. 7-1-83; 1982 H 269, § 4, S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.111


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.111 Fraudulent check, draft or order on bank or depository--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 132 v S 97)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.12


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.12 Burglary; trespass in a habitation when a person is present or likely to be present


(A) No person, by force, stealth, or deception, shall do any of the following:


(1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;


(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;


(3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense.


(B) No person, by force, stealth, or deception, shall trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.


(C) As used in this section, “occupied structure” has the same meaning as in section 2909.01 of the Revised Code.


(D) Whoever violates division (A) of this section is guilty of burglary. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.


(E) Whoever violates division (B) of this section is guilty of trespass in a habitation when a person is present or likely to be present, a felony of the fourth degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1996 S 269, eff. 7-1-96; 1995 S 2, eff. 7-1-96; 1990 H 837, eff. 7-3-90; 1982 H 269, § 4, S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.13


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.13 Breaking and entering


(A) No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.


(B) No person shall trespass on the land or premises of another, with purpose to commit a felony.


(C) Whoever violates this section is guilty of breaking and entering, a felony of the fifth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.131


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.131 to 2911.17 General fraud provisions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 192; 1953 H 1; GC 13131, 13143 13145, 13148)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.14


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.131 to 2911.17 General fraud provisions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 192; 1953 H 1; GC 13131, 13143 13145, 13148)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.15


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.131 to 2911.17 General fraud provisions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 192; 1953 H 1; GC 13131, 13143 13145, 13148)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.16


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.131 to 2911.17 General fraud provisions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 192; 1953 H 1; GC 13131, 13143 13145, 13148)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.17


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Burglary

2911.131 to 2911.17 General fraud provisions--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 H 192; 1953 H 1; GC 13131, 13143 13145, 13148)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.18


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.18 Taking or selling note for patent right--Repealed



CREDIT(S)


(129 v 13, eff. 7-1-62; 1953 H 1; GC 13149)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.19


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.19 and 2911.20 Misrepresentation by married man; furnishing false pedigree--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13146, 13158)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.20


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.19 and 2911.20 Misrepresentation by married man; furnishing false pedigree--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13146, 13158)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.21


Effective: October 16, 2009


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.21 Criminal trespass


(A) No person, without privilege to do so, shall do any of the following:


(1) Knowingly enter or remain on the land or premises of another;


(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;


(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;


(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.


(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.


(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.


(D)(1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.


(2) Notwithstanding section 2929.28 of the Revised Code, if the person, in committing the violation of this section, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court shall impose a fine of two times the usual amount imposed for the violation.


(3) If an offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all-purpose vehicle for not less than sixty days. In such a case, section 4519.47 of the Revised Code applies.


(E) Notwithstanding any provision of the Revised Code, if the offender, in committing the violation of this section, used an all-purpose vehicle, the clerk of the court shall pay the fine imposed pursuant to this section to the state recreational vehicle fund created by section 4519.11 of the Revised Code.


(F) As used in this section:


(1) “All-purpose vehicle,” “off-highway motorcycle,” and “snowmobile” have the same meanings as in section 4519.01 of the Revised Code.


(2) “Land or premises” includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.



CREDIT(S)


(2009 H 1, eff. 10-16-09; 2009 H 2, eff. 7-1-09; 2004 H 12, eff. 4-8-04; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.211


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.211 Aggravated trespass


(A) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to him.


(B) Whoever violates this section is guilty of aggravated trespass, a misdemeanor of the first degree.



CREDIT(S)


(1992 H 536, eff. 11-5-92)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.22


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.22 Unlawful entries relative to milk or butterfat or purebred cattle--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1953 H 1; GC 13162-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.23


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.23 Unlawful entry onto place of public amusement


(A) As used in this section, “place of public amusement” means a stadium, theater, or other facility, whether licensed or not, at which a live performance, sporting event, or other activity takes place for entertainment of the public and to which access is made available to the public, regardless of whether admission is charged.


(B) No person, without privilege to do so, shall knowingly enter or remain on any restricted portion of a place of public amusement and, as a result of that conduct, interrupt or cause the delay of the live performance, sporting event, or other activity taking place at the place of public amusement after a printed written notice has been given as provided in division (D)(1) of this section that the general public is restricted from access to that restricted portion of the place of public amusement. A restricted portion of a place of public amusement may include, but is not limited to, a playing field, an athletic surface, or a stage located at the place of public amusement.


(C) An owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement may use reasonable force to restrain and remove a person from a restricted portion of the place of public amusement if the person enters or remains on the restricted portion of the place of public amusement and, as a result of that conduct, interrupts or causes the delay of the live performance, sporting event, or other activity taking place at the place of public amusement. This division does not provide immunity from criminal liability for any use of force beyond reasonable force by an owner or lessee of a place of public amusement, an agent of either the owner or lessee, or a performer or participant at a place of public amusement.


(D)(1) Notice has been given that the general public is restricted from access to a portion of a place of public amusement if a printed written notice of the restricted access has been conspicuously posted or exhibited at the entrance to that portion of the place of public amusement. If a printed written notice is posted or exhibited as described in this division regarding a portion of a place of public amusement, in addition to that posting or exhibition, notice that the general public is restricted from access to that portion of the place of public amusement also may be given, but is not required to be given, by either of the following means:


(a) By notifying the person personally, either orally or in writing, that access to that portion of the place of public amusement is restricted;


(b) By broadcasting over the public address system of the place of public amusement an oral warning that access to that portion of the place of public amusement is restricted.


(2) If notice that the general public is restricted from access to a portion of a place of public amusement is provided by the posting or exhibition of a printed written notice as described in division (D)(1) of this section, the state, in a criminal prosecution for a violation of division (B) of this section, is not required to prove that the defendant received actual notice that the general public is restricted from access to a portion of a place of public amusement.


(E)(1) Whoever violates division (B) of this section is guilty of criminal trespass on a place of public amusement, a misdemeanor of the first degree.


(2) In addition to any jail term, fine, or other sentence, penalty, or sanction it imposes upon the offender pursuant to division (E)(1) of this section, a court may require an offender who violates this section to perform not less than thirty and not more than one hundred twenty hours of supervised community service work.



CREDIT(S)


(2006 H 96, eff. 8-3-06)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.24


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.24 to 2911.30 Fraud in sale of agricultural products; insignias and badges; publishing fraudulent prospectus--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 241; 130 v Pt 2, H5; 129 v 582; 1953 H 1; GC 13114, 13147, 13163, 13163-1, 13164, 13175, 14867-21, 14867-22)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.25


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.24 to 2911.30 Fraud in sale of agricultural products; insignias and badges; publishing fraudulent prospectus--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 241; 130 v Pt 2, H5; 129 v 582; 1953 H 1; GC 13114, 13147, 13163, 13163-1, 13164, 13175, 14867-21, 14867-22)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.26


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.24 to 2911.30 Fraud in sale of agricultural products; insignias and badges; publishing fraudulent prospectus--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 241; 130 v Pt 2, H5; 129 v 582; 1953 H 1; GC 13114, 13147, 13163, 13163-1, 13164, 13175, 14867-21, 14867-22)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.27


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.24 to 2911.30 Fraud in sale of agricultural products; insignias and badges; publishing fraudulent prospectus--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 241; 130 v Pt 2, H5; 129 v 582; 1953 H 1; GC 13114, 13147, 13163, 13163-1, 13164, 13175, 14867-21, 14867-22)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.28


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.24 to 2911.30 Fraud in sale of agricultural products; insignias and badges; publishing fraudulent prospectus--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 241; 130 v Pt 2, H5; 129 v 582; 1953 H 1; GC 13114, 13147, 13163, 13163-1, 13164, 13175, 14867-21, 14867-22)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.29


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.24 to 2911.30 Fraud in sale of agricultural products; insignias and badges; publishing fraudulent prospectus--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 241; 130 v Pt 2, H5; 129 v 582; 1953 H 1; GC 13114, 13147, 13163, 13163-1, 13164, 13175, 14867-21, 14867-22)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.30


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Trespass

2911.24 to 2911.30 Fraud in sale of agricultural products; insignias and badges; publishing fraudulent prospectus--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 131 v H 241; 130 v Pt 2, H5; 129 v 582; 1953 H 1; GC 13114, 13147, 13163, 13163-1, 13164, 13175, 14867-21, 14867-22)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.31


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.31 Safecracking


(A) No person, with purpose to commit an offense, shall knowingly enter, force an entrance into, or tamper with any vault, safe, or strongbox.


(B) Whoever violates this section is guilty of safecracking, a felony of the fourth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.32


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.32 Tampering with coin machines


(A) No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with, or insert any part of an instrument into any coin machine.


(B) Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or of any theft offense as defined in section 2913.01 of the Revised Code, tampering with coin machines is a felony of the fifth degree.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.33


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.34


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.35


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.36


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.37


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.38


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.39


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.40


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.41


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.42


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.43


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.44


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.45


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.46


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.47


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.48


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.49


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.71


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.72


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2911.73


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2911. Robbery, Burglary, and Trespass (Refs & Annos)

Safecracking

2911.33 to 2911.73 Crockery; unlawful use of mail; false coins or slugs; batteries; advertising; bills of lading and warehouse receipts; electronic picture tubes; medical fraud and misrepresentation--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 1969 S 6; 129 v 1305, 1023, 13; 127 v 461; 1953 H 1; GC 13144, 13152, 13183, 13184, 13184-1, 13187, 13187-1, 13193-2, 13193-3, 13194-1)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. T. XXIX, Ch. 2913, Refs & Annos


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure

Chapter 2913. Theft and Fraud


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.01


Effective: December 20, 2012 to June 30, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Definitions

2913.01 Definitions


<Note: See also version(s) of this section with later effective date(s).>


As used in this chapter, unless the context requires that a term be given a different meaning:


(A) “Deception” means knowingly deceiving another or causing another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.


(B) “Defraud” means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.


(C) “Deprive” means to do any of the following:


(1) Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;


(2) Dispose of property so as to make it unlikely that the owner will recover it;


(3) Accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.


(D) “Owner” means, unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.


(E) “Services” include labor, personal services, professional services, rental services, public utility services including wireless service as defined in division (F)(1) of section 5507.01 of the Revised Code, common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of section 2913.04 of the Revised Code, include cable services as defined in that section.


(F) “Writing” means any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, typewritten, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.


(G) “Forge” means to fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.


(H) “Utter” means to issue, publish, transfer, use, put or send into circulation, deliver, or display.


(I) “Coin machine” means any mechanical or electronic device designed to do both of the following:


(1) Receive a coin, bill, or token made for that purpose;


(2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license.


(J) “Slug” means an object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose.


(K) “Theft offense” means any of the following:


(1) A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, 2913.48, former section 2913.47 or 2913.48, section 2913.51, 2915.05, or 2921.41, or division (B)(2) of section 4737.04 of the Revised Code;


(2) A violation of an existing or former municipal ordinance or law of this or any other state, or of the United States, substantially equivalent to any section listed in division (K)(1) of this section or a violation of section 2913.41, 2913.81, or 2915.06 of the Revised Code as it existed prior to July 1, 1996;


(3) An offense under an existing or former municipal ordinance or law of this or any other state, or of the United States, involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud;


(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (K)(1), (2), or (3) of this section.


(L) “Computer services” includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.


(M) “Computer” means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. “Computer” includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature.


(N) “Computer system” means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.


(O) “Computer network” means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.


(P) “Computer program” means an ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.


(Q) “Computer software” means computer programs, procedures, and other documentation associated with the operation of a computer system.


(R) “Data” means a representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network. For purposes of section 2913.47 of the Revised Code, “data” has the additional meaning set forth in division (A) of that section.


(S) “Cable television service” means any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.


(T) “Gain access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in section 2913.04 of the Revised Code.


(U) “Credit card” includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code.


(V) “Electronic fund transfer” has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended.


(W) “Rented property” means personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property, within any applicable minimum or maximum term; and the amount of consideration generally is determined by the duration of possession of the property.


(X) “Telecommunication” means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method.


(Y) “Telecommunications device” means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.


(Z) “Telecommunications service” means the providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.


(AA) “Counterfeit telecommunications device” means a telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. “Counterfeit telecommunications device” includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone.


(BB)(1) “Information service” means, subject to division (BB)(2) of this section, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including, but not limited to, electronic publishing.


(2) “Information service” does not include any use of a capability of a type described in division (BB)(1) of this section for the management, control, or operation of a telecommunications system or the management of a telecommunications service.


(CC) “Elderly person” means a person who is sixty-five years of age or older.


(DD) “Disabled adult” means a person who is eighteen years of age or older and has some impairment of body or mind that makes the person unable to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least twelve months without any present indication of recovery from the impairment, or who is eighteen years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons.


(EE) “Firearm” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code.


(FF) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code.


(GG) “Dangerous drug” has the same meaning as in section 4729.01 of the Revised Code.


(HH) “Drug abuse offense” has the same meaning as in section 2925.01 of the Revised Code.


(II)(1) “Computer hacking” means any of the following:


(a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;


(b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, “misuse of computer and network services” includes, but is not limited to, the unauthorized use of any of the following:


(i) Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;


(ii) File transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks;


(iii) Web servers to redirect users to other web pages or web servers.


(c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs commonly known as “port scanners” or “probes” to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network's facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.


(ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including, but not limited to, domain name services, mail transfer services, and other operating system services, computer programs commonly called “ping,” “tcpdump,” and “traceroute” and other network monitoring and management computer software, and computer programs commonly known as “nslookup” and “whois” and other systems administration computer software.


(d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.


(2) “Computer hacking” does not include the introduction of a computer contaminant, as defined in section 2909.01 of the Revised Code, into a computer, computer system, computer program, or computer network.


(JJ) “Police dog or horse” has the same meaning as in section 2921.321 of the Revised Code.


(KK) “Anhydrous ammonia” is a compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described in this division. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately eighty-two per cent nitrogen to eighteen per cent hydrogen.


(LL) “Assistance dog” has the same meaning as in section 955.011 of the Revised Code.


(MM) “Federally licensed firearms dealer” has the same meaning as in section 5502.63 of the Revised Code.



CREDIT(S)


(2012 H 360, eff. 12-20-12; 2012 S 193, eff. 9-28-12; 2011 H 86, eff. 9-30-11; 2008 S 320, eff. 4-7-09; 2006 H 347, eff. 3-14-07; 2006 H 530, eff. 6-30-06; 2004 H 361, eff. 5-6-05; 2004 H 536, eff. 4-15-05; 2004 H 369, eff. 11-26-04; 2004 S 146, eff. 9-23-04; 2003 S 82, eff. 2-12-04; 2002 H 327, eff. 7-8-02; 1999 H 2, eff. 11-10-99; 1998 H 565, eff. 3-30-99; 1996 S 277, eff. 3-31-97; 1995 S 2, eff. 7-1-96; 1990 H 347, eff. 7-18-90; 1987 H 182; 1986 H 49, H 340; 1984 S 183; 1983 H 97; 1982 H 437; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.01


Effective: July 1, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Definitions

2913.01 Definitions


<Note: See also version(s) of this section with earlier effective date(s).>


As used in this chapter, unless the context requires that a term be given a different meaning:


(A) “Deception” means knowingly deceiving another or causing another to be deceived by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.


(B) “Defraud” means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.


(C) “Deprive” means to do any of the following:


(1) Withhold property of another permanently, or for a period that appropriates a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;


(2) Dispose of property so as to make it unlikely that the owner will recover it;


(3) Accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.


(D) “Owner” means, unless the context requires a different meaning, any person, other than the actor, who is the owner of, who has possession or control of, or who has any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.


(E) “Services” include labor, personal services, professional services, rental services, public utility services including wireless service as defined in division (F)(1) of section 5507.01 of the Revised Code, common carrier services, and food, drink, transportation, entertainment, and cable television services and, for purposes of section 2913.04 of the Revised Code, include cable services as defined in that section.


(F) “Writing” means any computer software, document, letter, memorandum, note, paper, plate, data, film, or other thing having in or upon it any written, typewritten, or printed matter, and any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification.


(G) “Forge” means to fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.


(H) “Utter” means to issue, publish, transfer, use, put or send into circulation, deliver, or display.


(I) “Coin machine” means any mechanical or electronic device designed to do both of the following:


(1) Receive a coin, bill, or token made for that purpose;


(2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license.


(J) “Slug” means an object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose.


(K) “Theft offense” means any of the following:


(1) A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, 2913.48, former section 2913.47 or 2913.48, or section 2913.51, 2915.05, or 2921.41 of the Revised Code;


(2) A violation of an existing or former municipal ordinance or law of this or any other state, or of the United States, substantially equivalent to any section listed in division (K)(1) of this section or a violation of section 2913.41, 2913.81, or 2915.06 of the Revised Code as it existed prior to July 1, 1996;


(3) An offense under an existing or former municipal ordinance or law of this or any other state, or of the United States, involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud;


(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (K)(1), (2), or (3) of this section.


(L) “Computer services” includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.


(M) “Computer” means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. “Computer” includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to an electronic device of that nature.


(N) “Computer system” means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.


(O) “Computer network” means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.


(P) “Computer program” means an ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.


(Q) “Computer software” means computer programs, procedures, and other documentation associated with the operation of a computer system.


(R) “Data” means a representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer, computer system, or computer network. For purposes of section 2913.47 of the Revised Code, “data” has the additional meaning set forth in division (A) of that section.


(S) “Cable television service” means any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.


(T) “Gain access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network, or any cable service or cable system both as defined in section 2913.04 of the Revised Code.


(U) “Credit card” includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code.


(V) “Electronic fund transfer” has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended.


(W) “Rented property” means personal property in which the right of possession and use of the property is for a short and possibly indeterminate term in return for consideration; the rentee generally controls the duration of possession of the property, within any applicable minimum or maximum term; and the amount of consideration generally is determined by the duration of possession of the property.


(X) “Telecommunication” means the origination, emission, dissemination, transmission, or reception of data, images, signals, sounds, or other intelligence or equivalence of intelligence of any nature over any communications system by any method, including, but not limited to, a fiber optic, electronic, magnetic, optical, digital, or analog method.


(Y) “Telecommunications device” means any instrument, equipment, machine, or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem, or device that enables the use of a modem.


(Z) “Telecommunications service” means the providing, allowing, facilitating, or generating of any form of telecommunication through the use of a telecommunications device over a telecommunications system.


(AA) “Counterfeit telecommunications device” means a telecommunications device that, alone or with another telecommunications device, has been altered, constructed, manufactured, or programmed to acquire, intercept, receive, or otherwise facilitate the use of a telecommunications service or information service without the authority or consent of the provider of the telecommunications service or information service. “Counterfeit telecommunications device” includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone, or tumbler microchip; a wireless scanning device capable of acquiring, intercepting, receiving, or otherwise facilitating the use of telecommunications service or information service without immediate detection; or a device, equipment, hardware, or software designed for, or capable of, altering or changing the electronic serial number in a wireless telephone.


(BB)(1) “Information service” means, subject to division (BB)(2) of this section, the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, including, but not limited to, electronic publishing.


(2) “Information service” does not include any use of a capability of a type described in division (BB)(1) of this section for the management, control, or operation of a telecommunications system or the management of a telecommunications service.


(CC) “Elderly person” means a person who is sixty-five years of age or older.


(DD) “Disabled adult” means a person who is eighteen years of age or older and has some impairment of body or mind that makes the person unable to work at any substantially remunerative employment that the person otherwise would be able to perform and that will, with reasonable probability, continue for a period of at least twelve months without any present indication of recovery from the impairment, or who is eighteen years of age or older and has been certified as permanently and totally disabled by an agency of this state or the United States that has the function of so classifying persons.


(EE) “Firearm” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code.


(FF) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code.


(GG) “Dangerous drug” has the same meaning as in section 4729.01 of the Revised Code.


(HH) “Drug abuse offense” has the same meaning as in section 2925.01 of the Revised Code.


(II)(1) “Computer hacking” means any of the following:


(a) Gaining access or attempting to gain access to all or part of a computer, computer system, or a computer network without express or implied authorization with the intent to defraud or with intent to commit a crime;


(b) Misusing computer or network services including, but not limited to, mail transfer programs, file transfer programs, proxy servers, and web servers by performing functions not authorized by the owner of the computer, computer system, or computer network or other person authorized to give consent. As used in this division, “misuse of computer and network services” includes, but is not limited to, the unauthorized use of any of the following:


(i) Mail transfer programs to send mail to persons other than the authorized users of that computer or computer network;


(ii) File transfer program proxy services or proxy servers to access other computers, computer systems, or computer networks;


(iii) Web servers to redirect users to other web pages or web servers.


(c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs commonly known as “port scanners” or “probes” to intentionally access any computer, computer system, or computer network without the permission of the owner of the computer, computer system, or computer network or other person authorized to give consent. The group of computer programs referred to in this division includes, but is not limited to, those computer programs that use a computer network to access a computer, computer system, or another computer network to determine any of the following: the presence or types of computers or computer systems on a network; the computer network's facilities and capabilities; the availability of computer or network services; the presence or versions of computer software including, but not limited to, operating systems, computer services, or computer contaminants; the presence of a known computer software deficiency that can be used to gain unauthorized access to a computer, computer system, or computer network; or any other information about a computer, computer system, or computer network not necessary for the normal and lawful operation of the computer initiating the access.


(ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section does not include standard computer software used for the normal operation, administration, management, and test of a computer, computer system, or computer network including, but not limited to, domain name services, mail transfer services, and other operating system services, computer programs commonly called “ping,” “tcpdump,” and “traceroute” and other network monitoring and management computer software, and computer programs commonly known as “nslookup” and “whois” and other systems administration computer software.


(d) The intentional use of a computer, computer system, or a computer network in a manner that exceeds any right or permission granted by the owner of the computer, computer system, or computer network or other person authorized to give consent.


(2) “Computer hacking” does not include the introduction of a computer contaminant, as defined in section 2909.01 of the Revised Code, into a computer, computer system, computer program, or computer network.


(JJ) “Police dog or horse” has the same meaning as in section 2921.321 of the Revised Code.


(KK) “Anhydrous ammonia” is a compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the manner described in this division. Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen, which is approximately eighty-two per cent nitrogen to eighteen per cent hydrogen.


(LL) “Assistance dog” has the same meaning as in section 955.011 of the Revised Code.


(MM) “Federally licensed firearms dealer” has the same meaning as in section 5502.63 of the Revised Code.



CREDIT(S)


(2013 H 51, eff. 7-1-13; 2012 H 360, eff. 12-20-12; 2012 S 193, eff. 9-28-12; 2011 H 86, eff. 9-30-11; 2008 S 320, eff. 4-7-09; 2006 H 347, eff. 3-14-07; 2006 H 530, eff. 6-30-06; 2004 H 361, eff. 5-6-05; 2004 H 536, eff. 4-15-05; 2004 H 369, eff. 11-26-04; 2004 S 146, eff. 9-23-04; 2003 S 82, eff. 2-12-04; 2002 H 327, eff. 7-8-02; 1999 H 2, eff. 11-10-99; 1998 H 565, eff. 3-30-99; 1996 S 277, eff. 3-31-97; 1995 S 2, eff. 7-1-96; 1990 H 347, eff. 7-18-90; 1987 H 182; 1986 H 49, H 340; 1984 S 183; 1983 H 97; 1982 H 437; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.02


Effective: September 28, 2012 to June 30, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.02 Theft; aggravated theft


<Note: See also version(s) of this section with later effective date(s).>


(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:


(1) Without the consent of the owner or person authorized to give consent;


(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;


(3) By deception;


(4) By threat;


(5) By intimidation.


(B)(1) Whoever violates this section is guilty of theft.


(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), or (8) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.


(3) Except as otherwise provided in division (B)(4), (5), (6), (7), or (8) of this section, if the victim of the offense is an elderly person or disabled adult, a violation of this section is theft from an elderly person or disabled adult, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from an elderly person or disabled adult is a felony of the fifth degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from an elderly person or disabled adult is a felony of the fourth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from an elderly person or disabled adult is a felony of the third degree. If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from an elderly person or disabled adult is a felony of the second degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from an elderly person or disabled adult is a felony of the first degree.


(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft. Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree. The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.


(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.


(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.


(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.


(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.


(9) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:


(a) Unless division (B)(9)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;


(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(9)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.


(c) The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to division (B)(9)(a) or (b) of this section, instead may require the offender to perform community service for a number of hours determined by the court.


(10) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of section 2913.72 of the Revised Code.


(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(9) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510. of the Revised Code.



CREDIT(S)


(2012 S 337, eff. 9-28-12; 2011 H 86, eff. 9-30-11; 2008 S 320, eff. 4-7-09; 2006 H 347, eff. 3-14-07; 2006 H 530, eff. 6-30-06; 2004 H 536, eff. 4-15-05; 2004 H 369, eff. 11-26-04; 2004 H 12, eff. 4-8-04; 2003 H 179, eff. 3-9-04; 2003 H 7, eff. 9-16-03; 1999 H 2, eff. 11-10-99; 1998 S 66, eff. 7-22-98; 1995 S 2, eff. 7-1-96; 1995 H 4, eff. 11-9-95; 1990 S 258, eff. 11-20-90; 1990 H 347; 1986 H 49; 1984 H 632; 1982 H 269, § 4, S 199; 1980 S 191; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.02


Effective: July 1, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.02 Theft; aggravated theft


<Note: See also version(s) of this section with earlier effective date(s).>


(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:


(1) Without the consent of the owner or person authorized to give consent;


(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;


(3) By deception;


(4) By threat;


(5) By intimidation.


(B)(1) Whoever violates this section is guilty of theft.


(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), (8), or (9) of this section, a violation of this section is petty theft, a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.


(3) Except as otherwise provided in division (B)(4), (5), (6), (7), (8), or (9) of this section, if the victim of the offense is an elderly person or disabled adult, a violation of this section is theft from an elderly person or disabled adult, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from an elderly person or disabled adult is a felony of the fifth degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from an elderly person or disabled adult is a felony of the fourth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from an elderly person or disabled adult is a felony of the third degree. If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from an elderly person or disabled adult is a felony of the second degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from an elderly person or disabled adult is a felony of the first degree.


(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft. Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree. The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.


(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.


(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.


(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.


(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.


(9) Except as provided in division (B)(2) of this section with respect to property with a value of seven thousand five hundred dollars or more and division (B)(3) of this section with respect to property with a value of one thousand dollars or more, if the property stolen is a special purpose article as defined in section 4737.04 of the Revised Code or is a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is theft of a special purpose article or articles or theft of a bulk merchandise container or containers, a felony of the fifth degree.


(10) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:


(a) Unless division (B)(10)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;


(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(10)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months.


(c) The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to division (B)(10)(a) or (b) of this section, instead may require the offender to perform community service for a number of hours determined by the court.


(11) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of section 2913.72 of the Revised Code.


(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(10) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510. of the Revised Code.



CREDIT(S)


(2013 H 51, eff. 7-1-13; 2012 S 337, eff. 9-28-12; 2011 H 86, eff. 9-30-11; 2008 S 320, eff. 4-7-09; 2006 H 347, eff. 3-14-07; 2006 H 530, eff. 6-30-06; 2004 H 536, eff. 4-15-05; 2004 H 369, eff. 11-26-04; 2004 H 12, eff. 4-8-04; 2003 H 179, eff. 3-9-04; 2003 H 7, eff. 9-16-03; 1999 H 2, eff. 11-10-99; 1998 S 66, eff. 7-22-98; 1995 S 2, eff. 7-1-96; 1995 H 4, eff. 11-9-95; 1990 S 258, eff. 11-20-90; 1990 H 347; 1986 H 49; 1984 H 632; 1982 H 269, § 4, S 199; 1980 S 191; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.03


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.03 Unauthorized use of a vehicle


(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 forty-eight 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 the actor 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)(1) Whoever violates this section is guilty of unauthorized use of a vehicle.


(2) Except as otherwise provided in division (D)(4) of this section, a violation of division (A) of this section is a misdemeanor of the first degree.


(3) Except as otherwise provided in division (D)(4) of this section, a violation of division (B) of this section is a felony of the fifth degree.


(4) 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) or (B) of this section is whichever of the following is applicable:


(a) Except as otherwise provided in division (D)(4)(b), (c), or (d) of this section, a felony of the fifth degree;


(b) If the loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fourth degree;


(c) If the loss to the victim is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, a felony of the third degree;


(d) If the loss to the victim is thirty-seven thousand five hundred dollars or more, a felony of the second degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1999 H 2, eff. 11-10-99; 1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.04


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.04 Unauthorized use of property; unauthorized use of computer, cable, or telecommunication property; unauthorized use of LEADS; unauthorized use of OHLEG


(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) 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 section 5503.10 of the Revised Code 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 division (C)(1) of section 109.57 of the Revised Code 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 division (C) of section 2913.03 of the Revised Code are affirmative defenses to a charge under this section.


(F)(1) Whoever violates division (A) of this section is guilty of unauthorized use of property.


(2) Except as otherwise provided in division (F)(3) or (4) of this section, unauthorized use of property is a misdemeanor of the fourth degree.


(3) Except as otherwise provided in division (F)(4) of this section, 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 in division (F)(3)(b), (c), or (d) of this section, 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 or more and is less than seven thousand five hundred dollars, a felony of the fifth degree.


(c) If the value of the property or services or the loss to the victim is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a felony of the fourth degree.


(d) If the value of the property or services or the loss to the victim is one hundred fifty thousand dollars or more, a felony of the third degree.


(4) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is whichever of the following is applicable:


(a) Except as otherwise provided in division (F)(4)(b), (c), or (d) of this section, a felony of the fifth degree;


(b) If the value of the property or services or loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fourth degree;


(c) If the value of the property or services or loss to the victim is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, a felony of the third degree;


(d) If the value of the property or services or loss to the victim is thirty-seven thousand five hundred dollars or more, a felony of the second degree.


(G)(1) Whoever violates division (B) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, and shall be punished as provided in division (G)(2), (3), or (4) of this section.


(2) Except as otherwise provided in division (G)(3) or (4) of this section, unauthorized use of computer, cable, or telecommunication property is a felony of the fifth degree.


(3) Except as otherwise provided in division (G)(4) of this section, if unauthorized use of computer, cable, or telecommunication property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, for obtaining money, property, or services by false or fraudulent pretenses, or for committing any other criminal offense, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable:


(a) Except as otherwise provided in division (G)(3)(b) of this section, if the value of the property or services involved or the loss to the victim is seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, a felony of the fourth degree;


(b) If the value of the property or services involved or the loss to the victim is one hundred fifty thousand dollars or more, a felony of the third degree.


(4) If the victim of the offense is an elderly person or disabled adult, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable:


(a) Except as otherwise provided in division (G)(4)(b), (c), or (d) of this section, a felony of the fifth degree;


(b) If the value of the property or services or loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fourth degree;


(c) If the value of the property or services or loss to the victim is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, a felony of the third degree;


(d) If the value of the property or services or loss to the victim is thirty-seven thousand five hundred dollars or more, a felony of the second degree.


(H) Whoever violates division (C) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony of the fifth degree.


(I) Whoever violates division (D) of this section is guilty of unauthorized use of the Ohio law enforcement gateway, a felony of the fifth degree.


(J) As used in this section:


(1) “Cable operator” means any person or group of persons that does either of the following:


(a) Provides cable service over a cable system and directly or 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” means 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 (J)(2)(a) of this section;


(c) Any cable television service.


(3) “Cable system” means 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.A. 522(7)(c), is excluded from the term “cable system” as defined in 47 U.S.C.A. 522(7);


(d) Any open video system that complies with 47 U.S.C.A. 573;


(e) Any facility of any electric utility used solely for operating its electric utility system.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2010 H 10, eff. 6-17-10; 2004 S 146, eff. 9-23-04; 2004 H 12, eff. 4-8-04; 2002 H 327, eff. 7-8-02; 1999 H 2, eff. 11-10-99; 1998 H 565, eff. 3-30-99; 1996 S 269, eff. 7-1-96; 1995 S 2, eff. 7-1-96; 1986 H 49, eff. 6-26-86; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.041


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.041 Possession or sale of unauthorized device


(A) No person shall knowingly possess any device, including any instrument, apparatus, computer chip, equipment, decoder, descrambler, converter, software, or other device specially adapted, modified, or remanufactured for gaining access to cable television service, without securing authorization from or paying the required compensation to the owner or operator of the system that provides the cable television service.


(B) No person shall knowingly sell, distribute, or manufacture any device, including any instrument, apparatus, computer chip, equipment, decoder, descrambler, converter, software, or other device specially adapted, modified, or remanufactured for gaining access to cable television service, without securing authorization from or paying the required compensation to the owner or operator of the system that provides the cable television service.


(C) Whoever violates division (A) of this section is guilty of possession of an unauthorized device, a felony of the fifth degree. Whoever violates division (B) of this section is guilty of sale of an unauthorized device, a felony of the fourth degree.


(D) A person commits a separate violation of this section with regard to each device that is sold, distributed, manufactured, or possessed in violation of division (A) or (B) of this section.



CREDIT(S)


(1995 S 2, eff. 7-1-96)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.05


Effective: June 8, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.05 Telecommunications fraud


(A) No person, having devised a scheme to defraud, shall knowingly disseminate, transmit, or cause to be disseminated or transmitted by means of a wire, radio, satellite, telecommunication, telecommunications device, or telecommunications service any writing, data, sign, signal, picture, sound, or image with purpose to execute or otherwise further the scheme to defraud.


(B) If an offender commits a violation of division (A) of this section and the violation occurs as part of a course of conduct involving other violations of division (A) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant to division (C) of this section, may aggregate the value of the benefit obtained by the offender or of the detriment to the victim of the fraud in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.


(C) Whoever violates this section is guilty of telecommunications fraud. Except as otherwise provided in this division, telecommunications fraud is a felony of the fifth degree. If the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one thousand dollars or more but less than seven thousand five hundred dollars, telecommunications fraud is a felony of the fourth degree. If the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, telecommunications fraud is a felony of the third degree. If the value of the benefit obtained by the offender or of the detriment to the victims of the fraud is one hundred fifty thousand dollars or more but less than one million dollars, telecommunications fraud is a felony of the second degree. If the value of the benefit obtained by the offender or of the detriment to the victims of the fraud is one million dollars or more, telecommunications fraud is a felony of the first degree.



CREDIT(S)


(2012 S 223, eff. 6-8-12; 1998 H 565, eff. 3-30-99)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.06


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.06 Unlawful use of telecommunications device


(A) No person shall knowingly manufacture, possess, deliver, offer to deliver, or advertise a counterfeit telecommunications device with purpose to use it criminally.


(B) No person shall knowingly manufacture, possess, deliver, offer to deliver, or advertise a counterfeit telecommunications device with purpose to use that device or to allow that device to be used, or knowing or having reason to know that another person may use that device, to do any of the following:


(1) Obtain or attempt to obtain telecommunications service or information service with purpose to avoid a lawful charge for that service or aid or cause another person to obtain or attempt to obtain telecommunications service or information service with purpose to avoid a lawful charge for that service;


(2) Conceal the existence, place of origin, or destination of a telecommunications service or information service.


(C) Whoever violates this section is guilty of unlawful use of a telecommunications device, a felony of the fifth degree.


(D) This section does not prohibit or restrict a person who holds an amateur service license issued by the federal communications commission from possessing a radio receiver or transceiver that is intended primarily or exclusively for use in the amateur radio service and is used for lawful purposes.


(E) This section does not preclude a person from disputing charges imposed for telecommunications service or information service by the provider of that service.



CREDIT(S)


(1998 H 565, eff. 3-30-99)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.07


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Theft and Related Offenses

2913.07 Motion picture piracy


(A) As used in this section:


(1) “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology existing on, or developed after, the effective date of this section.


(2) “Facility” means a movie theater.


(B) No person, without the written consent of the owner or lessee of the facility and of the licensor of the motion picture, shall knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being shown.


(C) Whoever violates division (B) of this section is guilty of motion picture piracy, a misdemeanor of the first degree on the first offense and a felony of the fifth degree on each subsequent offense.


(D) This section does not prohibit or restrict a lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the government of this state or a political subdivision of this state, or of the federal government, when acting in an official capacity, from operating an audiovisual recording function of a device in any facility in which a motion picture is being shown.


(E) Division (B) of this section does not limit or affect the application of any other prohibition in the Revised Code. Any act that is a violation of both division (B) of this section and another provision of the Revised Code may be prosecuted under this section, under the other provision of the Revised Code, or under both this section and the other provision of the Revised Code.



CREDIT(S)


(2003 S 57, eff. 1-1-04 (Contingent upon enactment by 2003 H 179); 2003 H 179, eff. 3-9-04)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.08


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.08 to 2913.10 Forgery; counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13091, 13094, 13096)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.09


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.08 to 2913.10 Forgery; counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13091, 13094, 13096)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.10


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.08 to 2913.10 Forgery; counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13091, 13094, 13096)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.11


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.11 Passing bad checks


(A) As used in this section:


(1) “Check” includes any form of debit from a demand deposit account, including, but not limited to any of the following:


(a) A check, bill of exchange, draft, order of withdrawal, or similar negotiable or non-negotiable instrument;


(b) An electronic check, electronic transaction, debit card transaction, check card transaction, substitute check, web check, or any form of automated clearing house transaction.


(2) “Issue a check” means causing any form of debit from a demand deposit account.


(B) No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing that a person has ordered or will order stop payment on the check or other negotiable instrument.


(C) For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored if either of the following occurs:


(1) The drawer had no account with the drawee at the time of issue or the stated date, whichever is later;


(2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, indorser, or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor.


(D) For purposes of this section, a person who issues or transfers a check, bill of exchange, or other draft is presumed to have the purpose to defraud if the drawer fails to comply with section 1349.16 of the Revised Code by doing any of the following when opening a checking account intended for personal, family, or household purposes at a financial institution:


(1) Falsely stating that the drawer has not been issued a valid driver's or commercial driver's license or identification card issued under section 4507.50 of the Revised Code;


(2) Furnishing such license or card, or another identification document that contains false information;


(3) Making a false statement with respect to the drawer's current address or any additional relevant information reasonably required by the financial institution.


(E) In determining the value of the payment for purposes of division (F) of this section, the court may aggregate all checks and other negotiable instruments that the offender issued or transferred or caused to be issued or transferred in violation of division (A) of this section within a period of one hundred eighty consecutive days.


(F) Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of one thousand dollars or more but less than seven thousand five hundred dollars or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand five hundred dollars or more but less than seven thousand five hundred dollars, passing bad checks is a felony of the fifth degree. If the check or checks or other negotiable instrument or instruments are for the payment of seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, passing bad checks is a felony of the fourth degree. If the check or checks or other negotiable instrument or instruments are for the payment of one hundred fifty thousand dollars or more, passing bad checks is a felony of the third degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2004 H 401, eff. 5-18-05; 1995 S 2, eff. 7-1-96; 1990 H 711, eff. 10-16-90; 1986 H 49; 1982 H 269, S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.12


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.12 to 2913.17 Counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13093, 13097-2, 13098 to 13101)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.13


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.12 to 2913.17 Counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13093, 13097-2, 13098 to 13101)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.14


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.12 to 2913.17 Counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13093, 13097-2, 13098 to 13101)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.15


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.12 to 2913.17 Counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13093, 13097-2, 13098 to 13101)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.16


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.12 to 2913.17 Counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13093, 13097-2, 13098 to 13101)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.17


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.12 to 2913.17 Counterfeiting--Repealed



CREDIT(S)


(1972 H 511, eff. 1-1-74; 126 v 575; 1953 H 1; GC 13093, 13097-2, 13098 to 13101)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.21


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Counterfeiting; Bad Checks; Credit Cards

2913.21 Misuse of credit cards


(A) No person shall do any of the following:


(1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;


(2) Knowingly buy or sell a credit card from or to a person other than the issuer.


(B) No person, with purpose to defraud, shall do any of the following:


(1) Obtain control over a credit card as security for a debt;


(2) Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that the card has expired or been revoked, or was obtained, is retained, or is being used in violation of law;


(3) Furnish property or services upon presentation of a credit card, knowing that the card is being used in violation of law;


(4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that the representation is false.


(C) No person, with purpose to violate this section, shall receive, possess, control, or dispose of a credit card.


(D)(1) Whoever violates this section is guilty of misuse of credit cards.


(2) Except as otherwise provided in division (D)(4) of this section, a violation of division (A), (B)(1), or (C) of this section is a misdemeanor of the first degree.


(3) Except as otherwise provided in this division or division (D)(4) of this section, a violation of division (B)(2), (3), or (4) of this section is a misdemeanor of the first degree. If the cumulative retail value of the property and services involved in one or more violations of division (B)(2), (3), or (4) of this section, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is one thousand dollars or more and is less than seven thousand five hundred dollars, misuse of credit cards in violation of any of those divisions is a felony of the fifth degree. If the cumulative retail value of the property and services involved in one or more violations of division (B)(2), (3), or (4) of this section, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, misuse of credit cards in violation of any of those divisions is a felony of the fourth degree. If the cumulative retail value of the property and services involved in one or more violations of division (B)(2), (3), or (4) of this section, which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is one hundred fifty thousand dollars or more, misuse of credit cards in violation of any of those divisions is a felony of the third degree.


(4) If the victim of the offense is an elderly person or disabled adult, and if the offense involves a violation of division (B)(1) or (2) of this section, division (D)(4) of this section applies. Except as otherwise provided in division (D)(4) of this section, a violation of division (B)(1) or (2) of this section is a felony of the fifth degree. If the debt for which the card is held as security or the cumulative retail value of the property or services involved in the violation is one thousand dollars or more and is less than seven thousand five hundred dollars, a violation of either of those divisions is a felony of the fourth degree. If the debt for which the card is held as security or the cumulative retail value of the property or services involved in the violation is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, a violation of either of those divisions is a felony of the third degree. If the debt for which the card is held as security or the cumulative retail value of the property or services involved in the violation is thirty-seven thousand five hundred dollars or more, a violation of either of those divisions is a felony of the second degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1999 H 2, eff. 11-10-99; 1995 S 2, eff. 7-1-96; 1986 H 49, eff. 6-26-86; 1983 S 210; 1982 S 199, H 269; 1978 S 289; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.31


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Forgery

2913.31 Forgery; forging identification cards


(A) No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:


(1) Forge any writing of another without the other person's authority;


(2) Forge any writing so that it purports to be genuine when it actually is spurious, or to be the act of another who did not authorize that act, or to have been executed at a time or place or with terms different from what in fact was the case, or to be a copy of an original when no such original existed;


(3) Utter, or possess with purpose to utter, any writing that the person knows to have been forged.


(B) No person shall knowingly do either of the following:


(1) Forge an identification card;


(2) Sell or otherwise distribute a card that purports to be an identification card, knowing it to have been forged.


As used in this division, “identification card” means a card that includes personal information or characteristics of an individual, a purpose of which is to establish the identity of the bearer described on the card, whether the words “identity,” “identification,” “identification card,” or other similar words appear on the card.


(C)(1)(a) Whoever violates division (A) of this section is guilty of forgery.


(b) Except as otherwise provided in this division or division (C)(1)(c) of this section, forgery is a felony of the fifth degree. If property or services are involved in the offense or the victim suffers a loss, forgery is one of the following:


(i) If the value of the property or services or the loss to the victim is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a felony of the fourth degree;


(ii) If the value of the property or services or the loss to the victim is one hundred fifty thousand dollars or more, a felony of the third degree.


(c) If the victim of the offense is an elderly person or disabled adult, division (C)(1)(c) of this section applies to the forgery. Except as otherwise provided in division (C)(1)(c) of this section, forgery is a felony of the fifth degree. If property or services are involved in the offense or if the victim suffers a loss, forgery is one of the following:


(i) If the value of the property or services or the loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fourth degree;


(ii) If the value of the property or services or the loss to the victim is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, a felony of the third degree;


(iii) If the value of the property or services or the loss to the victim is thirty-seven thousand five hundred dollars or more, a felony of the second degree.


(2) Whoever violates division (B) of this section is guilty of forging identification cards or selling or distributing forged identification cards. Except as otherwise provided in this division, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (B) of this section, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree and, in addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1999 H 2, eff. 11-10-99; 1995 S 2, eff. 7-1-96; 1991 H 162, eff. 11-11-91; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.32


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Forgery

2913.32 Criminal simulation


(A) No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following:


(1) Make or alter any object so that it appears to have value because of antiquity, rarity, curiosity, source, or authorship, which it does not in fact possess;


(2) Practice deception in making, retouching, editing, or reproducing any photograph, movie film, video tape, phonograph record, or recording tape;


(3) Falsely or fraudulently make, simulate, forge, alter, or counterfeit any wrapper, label, stamp, cork, or cap prescribed by the liquor control commission under Chapters 4301. and 4303. of the Revised Code, falsely or fraudulently cause to be made, simulated, forged, altered, or counterfeited any wrapper, label, stamp, cork, or cap prescribed by the liquor control commission under Chapters 4301. and 4303. of the Revised Code, or use more than once any wrapper, label, stamp, cork, or cap prescribed by the liquor control commission under Chapters 4301. and 4303. of the Revised Code.


(4) Utter, or possess with purpose to utter, any object that the person knows to have been simulated as provided in division (A)(1), (2), or (3) of this section.


(B) Whoever violates this section is guilty of criminal simulation. Except as otherwise provided in this division, criminal simulation is a misdemeanor of the first degree. If the loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, criminal simulation is a felony of the fifth degree. If the loss to the victim is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, criminal simulation is a felony of the fourth degree. If the loss to the victim is one hundred fifty thousand dollars or more, criminal simulation is a felony of the third degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.33


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Forgery

2913.33 Making or using slugs


(A) No person shall do any of the following:


(1) Insert or deposit a slug in a coin machine, with purpose to defraud;


(2) Make, possess, or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin machine.


(B) Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.34


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Forgery

2913.34 Trademark counterfeiting


(A) No person shall knowingly do any of the following:


(1) Attach, affix, or otherwise use a counterfeit mark in connection with the manufacture of goods or services, whether or not the goods or services are intended for sale or resale;


(2) Possess, sell, or offer for sale tools, machines, instruments, materials, articles, or other items of personal property with the knowledge that they are designed for the production or reproduction of counterfeit marks;


(3) Purchase or otherwise acquire goods, and keep or otherwise have the goods in the person's possession, with the knowledge that a counterfeit mark is attached to, affixed to, or otherwise used in connection with the goods and with the intent to sell or otherwise dispose of the goods;


(4) Sell, offer for sale, or otherwise dispose of goods with the knowledge that a counterfeit mark is attached to, affixed to, or otherwise used in connection with the goods;


(5) Sell, offer for sale, or otherwise provide services with the knowledge that a counterfeit mark is used in connection with that sale, offer for sale, or other provision of the services.


(B)(1) Whoever violates this section is guilty of trademark counterfeiting.


(2) Except as otherwise provided in this division, a violation of division (A)(1) of this section is a felony of the fifth degree. Except as otherwise provided in this division, if the cumulative sales price of the goods or services to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is five thousand dollars or more but less than one hundred thousand dollars or if the number of units of goods to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is more than one hundred units but less than one thousand units, a violation of division (A)(1) of this section is a felony of the fourth degree. If the cumulative sales price of the goods or services to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is one hundred thousand dollars or more or if the number of units of goods to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is one thousand units or more, a violation of division (A)(1) of this section is a felony of the third degree.


(3) Except as otherwise provided in this division, a violation of division (A)(2) of this section is a misdemeanor of the first degree. If the circumstances of the violation indicate that the tools, machines, instruments, materials, articles, or other items of personal property involved in the violation were intended for use in the commission of a felony, a violation of division (A)(2) of this section is a felony of the fifth degree.


(4) Except as otherwise provided in this division, a violation of division (A)(3), (4), or (5) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division, if the cumulative sales price of the goods or services to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is one thousand dollars or more but less than seven thousand five hundred dollars, a violation of division (A)(3), (4), or (5) of this section is a felony of the fifth degree. Except as otherwise provided in this division, if the cumulative sales price of the goods or services to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars or if the number of units of goods to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is more than one hundred units but less than one thousand units, a violation of division (A)(3), (4), or (5) of this section is a felony of the fourth degree. If the cumulative sales price of the goods or services to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is one hundred fifty thousand dollars or more or if the number of units of goods to which or in connection with which the counterfeit mark is attached, affixed, or otherwise used in the offense is one thousand units or more, a violation of division (A)(3), (4), or (5) of this section is a felony of the third degree.


(C) A defendant may assert as an affirmative defense to a charge of a violation of this section defenses, affirmative defenses, and limitations on remedies that would be available in a civil, criminal, or administrative action or proceeding under the “Lanham Act,” 60 Stat. 427-443 (1946), 15 U. S.C. 1051-1127, as amended, “The Trademark Counterfeiting Act of 1984,” 98 Stat. 2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section of the Revised Code, or common law.


(D)(1) Law enforcement officers may seize pursuant to Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code either of the following:


(a) Goods to which or in connection with which a person attached, affixed, otherwise used, or intended to attach, affix, or otherwise use a counterfeit mark in violation of this section;


(b) Tools, machines, instruments, materials, articles, vehicles, or other items of personal property that are possessed, sold, offered for sale, or used in a violation of this section or in an attempt to commit or complicity in the commission of a violation of this section.


(2) Notwithstanding any contrary provision of Chapter 2981. of the Revised Code, if a person is convicted of or pleads guilty to a violation of this section, an attempt to violate this section, or complicity in a violation of this section, the court involved shall declare that the goods described in division (D)(1)(a) of this section and the personal property described in division (D)(1)(b) of this section are contraband and are forfeited. Prior to the court's entry of judgment under Criminal Rule 32, the owner of a registered trademark or service mark that is the subject of the counterfeit mark may recommend a manner in which the forfeited goods and forfeited personal property should be disposed of. If that owner makes a timely recommendation of a manner of disposition, the court is not bound by the recommendation. If that owner makes a timely recommendation of a manner of disposition, the court may include in its entry of judgment an order that requires appropriate persons to dispose of the forfeited goods and forfeited personal property in the recommended manner. If that owner fails to make a timely recommendation of a manner of disposition or if that owner makes a timely recommendation of the manner of disposition but the court determines to not follow the recommendation, the court shall include in its entry of judgment an order that requires the law enforcement agency that employs the law enforcement officer who seized the forfeited goods or the forfeited personal property to destroy them or cause their destruction.


(E) This section does not affect the rights of an owner of a trademark or a service mark, or the enforcement in a civil action or in administrative proceedings of the rights of an owner of a trademark or a service mark, under the “Lanham Act,” 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as amended, “The Trademark Counterfeiting Act of 1984,” 92 Stat. 2178, 18 U.S. C. 2320, as amended, Chapter 1329. or another section of the Revised Code, or common law.


(F) As used in this section:


(1)(a) Except as provided in division (F)(1)(b) of this section, “counterfeit mark” means a spurious trademark or a spurious service mark that satisfies both of the following:


(i) It is identical with or substantially indistinguishable from a mark that is registered on the principal register in the United States patent and trademark office for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used or from a mark that is registered with the secretary of state pursuant to sections 1329.54 to 1329.67 of the Revised Code for the same goods or services as the goods or services to which or in connection with which the spurious trademark or spurious service mark is attached, affixed, or otherwise used, and the owner of the registration uses the registered mark, whether or not the offender knows that the mark is registered in a manner described in division (F)(1)(a)(i) of this section.


(ii) Its use is likely to cause confusion or mistake or to deceive other persons.


(b) “Counterfeit mark” does not include a mark or other designation that is attached to, affixed to, or otherwise used in connection with goods or services if the holder of the right to use the mark or other designation authorizes the manufacturer, producer, or vendor of those goods or services to attach, affix, or otherwise use the mark or other designation in connection with those goods or services at the time of their manufacture, production, or sale.


(2) “Cumulative sales price” means the product of the lowest single unit sales price charged or sought to be charged by an offender for goods to which or in connection with which a counterfeit mark is attached, affixed, or otherwise used or of the lowest single service transaction price charged or sought to be charged by an offender for services in connection with which a counterfeit mark is used, multiplied by the total number of those goods or services, whether or not units of goods are sold or are in an offender's possession, custody, or control.


(3) “Registered trademark or service mark” means a trademark or service mark that is registered in a manner described in division (F)(1) of this section.


(4) “Trademark” and “service mark” have the same meanings as in section 1329.54 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2006 H 241, eff. 7-1-07; 1996 S 277, eff. 3-31-97)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.40


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.40 Medicaid fraud


(A) As used in this section:


(1) “Statement or representation” means any oral, written, electronic, electronic impulse, or magnetic communication that is used to identify an item of goods or a service for which reimbursement may be made under the medical assistance program or that states income and expense and is or may be used to determine a rate of reimbursement under the medical assistance program.


(2) “Medical assistance program” means the program established by the department of job and family services to provide medical assistance under section 5111.01 of the Revised Code and the medicaid program of Title XIX of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.


(3) “Provider” means any person who has signed a provider agreement with the department of job and family services to provide goods or services pursuant to the medical assistance program or any person who has signed an agreement with a party to such a provider agreement under which the person agrees to provide goods or services that are reimbursable under the medical assistance program.


(4) “Provider agreement” means an oral or written agreement between the department of job and family services and a person in which the person agrees to provide goods or services under the medical assistance program.


(5) “Recipient” means any individual who receives goods or services from a provider under the medical assistance program.


(6) “Records” means any medical, professional, financial, or business records relating to the treatment or care of any recipient, to goods or services provided to any recipient, or to rates paid for goods or services provided to any recipient and any records that are required by the rules of the director of job and family services to be kept for the medical assistance program.


(B) No person shall knowingly make or cause to be made a false or misleading statement or representation for use in obtaining reimbursement from the medical assistance program.


(C) No person, with purpose to commit fraud or knowing that the person is facilitating a fraud, shall do either of the following:


(1) Contrary to the terms of the person's provider agreement, charge, solicit, accept, or receive for goods or services that the person provides under the medical assistance program any property, money, or other consideration in addition to the amount of reimbursement under the medical assistance program and the person's provider agreement for the goods or services and any cost-sharing expenses authorized by section 5111.0112 of the Revised Code or rules adopted pursuant to section 5111.01, 5111.011, or 5111.02 of the Revised Code.


(2) Solicit, offer, or receive any remuneration, other than any cost-sharing expenses authorized by section 5111.0112 of the Revised Code or rules adopted under section 5111.01, 5111.011, or 5111.02 of the Revised Code, in cash or in kind, including, but not limited to, a kickback or rebate, in connection with the furnishing of goods or services for which whole or partial reimbursement is or may be made under the medical assistance program.


(D) No person, having submitted a claim for or provided goods or services under the medical assistance program, shall do either of the following for a period of at least six years after a reimbursement pursuant to that claim, or a reimbursement for those goods or services, is received under the medical assistance program:


(1) Knowingly alter, falsify, destroy, conceal, or remove any records that are necessary to fully disclose the nature of all goods or services for which the claim was submitted, or for which reimbursement was received, by the person;


(2) Knowingly alter, falsify, destroy, conceal, or remove any records that are necessary to disclose fully all income and expenditures upon which rates of reimbursements were based for the person.


(E) Whoever violates this section is guilty of medicaid fraud. Except as otherwise provided in this division, medicaid fraud is a misdemeanor of the first degree. If the value of property, services, or funds obtained in violation of this section is one thousand dollars or more and is less than seven thousand five hundred dollars, medicaid fraud is a felony of the fifth degree. If the value of property, services, or funds obtained in violation of this section is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, medicaid fraud is a felony of the fourth degree. If the value of the property, services, or funds obtained in violation of this section is one hundred fifty thousand dollars or more, medicaid fraud is a felony of the third degree.


(F) Upon application of the governmental agency, office, or other entity that conducted the investigation and prosecution in a case under this section, the court shall order any person who is convicted of a violation of this section for receiving any reimbursement for furnishing goods or services under the medical assistance program to which the person is not entitled to pay to the applicant its cost of investigating and prosecuting the case. The costs of investigation and prosecution that a defendant is ordered to pay pursuant to this division shall be in addition to any other penalties for the receipt of that reimbursement that are provided in this section, section 5111.03 of the Revised Code, or any other provision of law.


(G) The provisions of this section are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2007 H 119, eff. 9-29-07; 2005 H 66, eff. 9-29-05; 2002 S 261, eff. 6-5-02; 1999 H 471, eff. 7-1-00; 1995 S 2, eff. 7-1-96; 1989 H 672, eff. 11-14-89; 1986 H 340)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.401


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.401 Medicaid eligibility fraud


(A) As used in this section:


(1) “Medicaid benefits” means benefits under the medical assistance program established under Chapter 5111. of the Revised Code.


(2) “Property” means any real or personal property or other asset in which a person has any legal title or interest.


(B) No person shall knowingly do any of the following in an application for medicaid benefits or in a document that requires a disclosure of assets for the purpose of determining eligibility to receive medicaid benefits:


(1) Make or cause to be made a false or misleading statement;


(2) Conceal an interest in property;


(3)(a) Except as provided in division (B)(3)(b) of this section, fail to disclose a transfer of property that occurred during the period beginning thirty-six months before submission of the application or document and ending on the date the application or document was submitted;


(b) Fail to disclose a transfer of property that occurred during the period beginning sixty months before submission of the application or document and ending on the date the application or document was submitted and that was made to an irrevocable trust a portion of which is not distributable to the applicant for medicaid benefits or the recipient of medicaid benefits or to a revocable trust.


(C)(1) Whoever violates this section is guilty of medicaid eligibility fraud. Except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the value of the medicaid benefits paid as a result of the violation is one thousand dollars or more and is less than seven thousand five hundred dollars, a violation of this section is a felony of the fifth degree. If the value of the medicaid benefits paid as a result of the violation is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is a felony of the fourth degree. If the value of the medicaid benefits paid as a result of the violation is one hundred fifty thousand dollars or more, a violation of this section is a felony of the third degree.


(2) In addition to imposing a sentence under division (C)(1) of this section, the court shall order that a person who is guilty of medicaid eligibility fraud make restitution in the full amount of any medicaid benefits paid on behalf of an applicant for or recipient of medicaid benefits for which the applicant or recipient was not eligible, plus interest at the rate applicable to judgments on unreimbursed amounts from the date on which the benefits were paid to the date on which restitution is made.


(3) The remedies and penalties provided in this section are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.


(D) This section does not apply to a person who fully disclosed in an application for medicaid benefits or in a document that requires a disclosure of assets for the purpose of determining eligibility to receive medicaid benefits all of the interests in property of the applicant for or recipient of medicaid benefits, all transfers of property by the applicant for or recipient of medicaid benefits, and the circumstances of all those transfers.


(E) Any amounts of medicaid benefits recovered as restitution under this section and any interest on those amounts shall be credited to the general revenue fund, and any applicable federal share shall be returned to the appropriate agency or department of the United States.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2005 H 66, eff. 9-29-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.41


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.41 Prima facie evidence of purpose to defraud


In a prosecution of a person for a theft offense that alleges that the person, with purpose to defraud or knowing that the person was facilitating a fraud, hired or rented an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, kept or operated any of the same that has been hired or rented, or engaged accommodations at a hotel, motel, inn, campground, or other hostelry, it is prima-facie evidence of purpose to defraud if the person did any of the following:


(A) Used deception to induce the rental agency to furnish the person with the aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or used deception to induce the hostelry to furnish the person with accommodations;


(B) Hired or rented any aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or engaged accommodations, knowing the person was without sufficient means to pay the hire or rental;


(C) Absconded without paying the hire or rental;


(D) Knowingly failed to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for such failure;


(E) Knowingly failed to return hired or rented property as required by the contract of hire or rental, without reasonable excuse for the failure.



CREDIT(S)


(2000 H 263, eff. 4-10-01; 1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.42


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.42 Tampering with records


(A) No person, knowing the person has no privilege to do so, and with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:


(1) Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record;


(2) Utter any writing or record, knowing it to have been tampered with as provided in division (A)(1) of this section.


(B)(1) Whoever violates this section is guilty of tampering with records.


(2) Except as provided in division (B)(4) of this section, if the offense does not involve data or computer software, tampering with records is whichever of the following is applicable:


(a) If division (B)(2)(b) of this section does not apply, a misdemeanor of the first degree;


(b) If the writing or record is a will unrevoked at the time of the offense, a felony of the fifth degree.


(3) Except as provided in division (B)(4) of this section, if the offense involves a violation of division (A) of this section involving data or computer software, tampering with records is whichever of the following is applicable:


(a) Except as otherwise provided in division (B)(3)(b), (c), or (d) of this section, a misdemeanor of the first degree;


(b) If the value of the data or computer software involved in the offense or the loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fifth degree;


(c) If the value of the data or computer software involved in the offense or the loss to the victim is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a felony of the fourth degree;


(d) If the value of the data or computer software involved in the offense or the loss to the victim is one hundred fifty thousand dollars or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is seven thousand five hundred dollars or more, a felony of the third degree.


(4) If the writing, data, computer software, or record is kept by or belongs to a local, state, or federal governmental entity, a felony of the third degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1998 H 565, eff. 3-30-99; 1995 S 2, eff. 7-1-96; 1986 H 428, eff. 12-23-86; 1986 H 49; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.421


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.421 Illegal transmission of multiple commercial electronic mail messages; unauthorized access of a computer; civil actions by attorney general or electronic mail service provider


(A) As used in this section:


(1) “Computer,” “computer network,” and “computer system” have the same meanings as in section 2913.01 of the Revised Code.


(2) “Commercial electronic mail message” means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service, including content on an internet web site operated for a commercial purpose, but does not include a transactional or relationship message. The inclusion of a reference to a commercial entity or a link to the web site of a commercial entity does not, by itself, cause that message to be treated as a commercial electronic mail message for the purpose of this section, if the contents or circumstances of the message indicate a primary purpose other than commercial advertisement or promotion of a commercial product or service.


(3) “Domain name” means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the internet.


(4) “Electronic mail,” “originating address,” and “receiving address” have the same meanings as in section 2307.64 of the Revised Code.


(5) “Electronic mail message” means each electronic mail addressed to a discrete addressee.


(6) “Electronic mail service provider” means any person, including an internet service provider, that is an intermediary in sending and receiving electronic mail and that provides to the public electronic mail accounts or online user accounts from which electronic mail may be sent.


(7) “Header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name, the originating address, and technical information that authenticates the sender of an electronic mail message for computer network security or computer network management purposes.


(8) “Initiate the transmission” or “initiated” means to originate or transmit a commercial electronic mail message or to procure the origination or transmission of that message, regardless of whether the message reaches its intended recipients, but does not include actions that constitute routine conveyance of such message.


(9) “Internet” has the same meaning as in section 341.42 of the Revised Code.


(10) “Internet protocol address” means the string of numbers by which locations on the internet are identified by routers or other computers connected to the internet.


(11) “Materially falsify” means to alter or conceal in a manner that would impair the ability of a recipient of an electronic mail message, an electronic mail service provider processing an electronic mail message on behalf of a recipient, a person alleging a violation of this section, or a law enforcement agency to identify, locate, or respond to the person that initiated the electronic mail message or to investigate an alleged violation of this section.


(12) “Multiple” means more than ten commercial electronic mail messages during a twenty-four-hour period, more than one hundred commercial electronic mail messages during a thirty-day period, or more than one thousand commercial electronic mail messages during a one-year period.


(13) “Recipient” means a person who receives a commercial electronic mail message at any one of the following receiving addresses:


(a) A receiving address furnished by an electronic mail service provider that bills for furnishing and maintaining that receiving address to a mailing address within this state;


(b) A receiving address ordinarily accessed from a computer located within this state or by a person domiciled within this state;


(c) Any other receiving address with respect to which this section can be imposed consistent with the United States Constitution.


(14) “Routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automated technical process, of an electronic mail message for which another person has identified the recipients or provided the recipient addresses.


(15) “Transactional or relationship message” means an electronic mail message the primary purpose of which is to do any of the following:


(a) Facilitate, complete, or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender;


(b) Provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient;


(c) Provide notification concerning a change in the terms or features of; a change in the recipient's standing or status with respect to; or, at regular periodic intervals, account balance information or other type of account statement with respect to, a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender;


(d) Provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled;


(e) Deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender.


(B) No person, with regard to commercial electronic mail messages sent from or to a computer in this state, shall do any of the following:


(1) Knowingly use a computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients or any electronic mail service provider, as to the origin of those messages;


(2) Knowingly and materially falsify header information in multiple commercial electronic mail messages and purposely initiate the transmission of those messages;


(3) Knowingly register, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names and purposely initiate the transmission of multiple commercial electronic mail messages from one, or any combination, of those accounts or domain names;


(4) Knowingly falsely represent the right to use five or more internet protocol addresses, and purposely initiate the transmission of multiple commercial electronic mail messages from those addresses.


(C)(1) Whoever violates division (B) of this section is guilty of illegally transmitting multiple commercial electronic mail messages. Except as otherwise provided in division (C)(2) or (E) of this section, illegally transmitting multiple commercial electronic mail messages is a felony of the fifth degree.


(2) Illegally transmitting multiple commercial electronic mail messages is a felony of the fourth degree if any of the following apply:


(a) Regarding a violation of division (B)(3) of this section, the offender, using information that materially falsifies the identity of the actual registrant, knowingly registers for twenty or more electronic mail accounts or online user accounts or ten or more domain names, and purposely initiates, or conspires to initiate, the transmission of multiple commercial electronic mail messages from the accounts or domain names.


(b) Regarding any violation of division (B) of this section, the volume of commercial electronic mail messages the offender transmitted in committing the violation exceeds two hundred and fifty during any twenty-four-hour period, two thousand five hundred during any thirty-day period, or twenty-five thousand during any one-year period.


(c) Regarding any violation of division (B) of this section, during any one-year period the aggregate loss to the victim or victims of the violation is one thousand dollars or more, or during any one-year period the aggregate value of the property or services obtained by any offender as a result of the violation is one thousand dollars or more.


(d) Regarding any violation of division (B) of this section, the offender committed the violation with three or more other persons with respect to whom the offender was the organizer or leader of the activity that resulted in the violation.


(e) Regarding any violation of division (B) of this section, the offender knowingly assisted in the violation through the provision or selection of electronic mail addresses to which the commercial electronic mail message was transmitted, if that offender knew that the electronic mail addresses of the recipients were obtained using an automated means from an internet web site or proprietary online service operated by another person, and that web site or online service included, at the time the electronic mail addresses were obtained, a notice stating that the operator of that web site or online service will not transfer addresses maintained by that web site or online service to any other party for the purposes of initiating the transmission of, or enabling others to initiate the transmission of, electronic mail messages.


(f) Regarding any violation of division (B) of this section, the offender knowingly assisted in the violation through the provision or selection of electronic mail addresses of the recipients obtained using an automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.


(D)(1) No person, with regard to commercial electronic mail messages sent from or to a computer in this state, shall knowingly access a computer without authorization and purposely initiate the transmission of multiple commercial electronic mail messages from or through the computer.


(2) Except as otherwise provided in division (E) of this section, whoever violates division (D)(1) of this section is guilty of unauthorized access of a computer, a felony of the fourth degree.


(E) Illegally transmitting multiple commercial electronic mail messages and unauthorized access of a computer in violation of this section are felonies of the third degree if the offender previously has been convicted of a violation of this section, or a violation of a law of another state or the United States regarding the transmission of electronic mail messages or unauthorized access to a computer, or if the offender committed the violation of this section in the furtherance of a felony.


(F)(1) The attorney general or an electronic mail service provider that is injured by a violation of this section may bring a civil action in an appropriate court of common pleas of this state seeking relief from any person whose conduct violated this section. The civil action may be commenced at any time within one year of the date after the act that is the basis of the civil action.


(2) In a civil action brought by the attorney general pursuant to division (F)(1) of this section for a violation of this section, the court may award temporary, preliminary, or permanent injunctive relief. The court also may impose a civil penalty against the offender, as the court considers just, in an amount that is the lesser of: (a) twenty-five thousand dollars for each day a violation occurs, or (b) not less than two dollars but not more than eight dollars for each commercial electronic mail message initiated in violation of this section.


(3) In a civil action brought by an electronic mail service provider pursuant to division (F)(1) of this section for a violation of this section, the court may award temporary, preliminary, or permanent injunctive relief, and also may award damages in an amount equal to the greater of the following:


(a) The sum of the actual damages incurred by the electronic mail service provider as a result of a violation of this section, plus any receipts of the offender that are attributable to a violation of this section and that were not taken into account in computing actual damages;


(b) Statutory damages, as the court considers just, in an amount that is the lesser of: (i) twenty-five thousand dollars for each day a violation occurs, or (ii) not less than two dollars but not more than eight dollars for each commercial electronic mail message initiated in violation of this section.


(4) In assessing damages awarded under division (F)(3) of this section, the court may consider whether the offender has established and implemented, with due care, commercially reasonable practices and procedures designed to effectively prevent the violation, or the violation occurred despite commercially reasonable efforts to maintain the practices and procedures established.


(G) Any equipment, software, or other technology of a person who violates this section that is used or intended to be used in the commission of a violation of this section, and any real or personal property that constitutes or is traceable to the gross proceeds obtained from the commission of a violation of this section, is contraband and is subject to seizure and forfeiture pursuant to Chapter 2981. of the Revised Code.


(H) The attorney general may bring a civil action, pursuant to the “CAN-SPAM Act of 2003,” Pub. L. No. 108-187, 117 Stat. 2699,15 U.S.C. 7701 et seq., on behalf of the residents of the state in a district court of the United States that has jurisdiction for a violation of the CAN-SPAM Act of 2003, but the attorney general shall not bring a civil action under both this division and division (F) of this section. If a federal court dismisses a civil action brought under this division for reasons other than upon the merits, a civil action may be brought under division (F) of this section in the appropriate court of common pleas of this state.


(I) Nothing in this section shall be construed:


(1) To require an electronic mail service provider to block, transmit, route, relay, handle, or store certain types of electronic mail messages;


(2) To prevent or limit, in any way, an electronic mail service provider from adopting a policy regarding electronic mail, including a policy of declining to transmit certain types of electronic mail messages, or from enforcing such policy through technical means, through contract, or pursuant to any remedy available under any other federal, state, or local criminal or civil law;


(3) To render lawful any policy adopted under division (I)(2) of this section that is unlawful under any other law.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2006 H 241, eff. 7-1-07; 2004 H 383, eff. 5-6-05)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.43


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.43 Securing writings by deception


(A) No person, by deception, shall cause another to execute any writing that disposes of or encumbers property, or by which a pecuniary obligation is incurred.


(B)(1) Whoever violates this section is guilty of securing writings by deception.


(2) Except as otherwise provided in this division or division (B)(3) of this section, securing writings by deception is a misdemeanor of the first degree. If the value of the property or the obligation involved is one thousand dollars or more and less than seven thousand five hundred dollars, securing writings by deception is a felony of the fifth degree. If the value of the property or the obligation involved is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, securing writings by deception is a felony of the fourth degree. If the value of the property or the obligation involved is one hundred fifty thousand dollars or more, securing writings by deception is a felony of the third degree.


(3) If the victim of the offense is an elderly person or disabled adult, division (B)(3) of this section applies. Except as otherwise provided in division (B)(3) of this section, securing writings by deception is a felony of the fifth degree. If the value of the property or obligation involved is one thousand dollars or more and is less than seven thousand five hundred dollars, securing writings by deception is a felony of the fourth degree. If the value of the property or obligation involved is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, securing writings by deception is a felony of the third degree. If the value of the property or obligation involved is thirty-seven thousand five hundred dollars or more, securing writings by deception is a felony of the second degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1999 H 2, eff. 11-10-99; 1995 S 2, eff. 7-1-96; 1986 H 49, eff. 6-26-86; 1982 H 269, S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.44


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.44 Personating an officer


(A) No person, with purpose to defraud or knowing that he is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator, or agent of any governmental agency.


(B) Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree.



CREDIT(S)


(1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.441


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.441 Unauthorized display of emblems related to law enforcement on motor vehicles


(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.



CREDIT(S)


(1976 H 1363, eff. 1-11-77)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.45


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.45 Defrauding creditors


(A) No person, with purpose to defraud one or more of the person's creditors, shall do any of the following:


(1) Remove, conceal, destroy, encumber, convey, or otherwise deal with any of the person's property;


(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage the person's affairs or estate, the existence, amount, or location of any of the person's property, or any other information regarding such property that the person is legally required to furnish to the fiduciary.


(B) Whoever violates this section is guilty of defrauding creditors. Except as otherwise provided in this division, defrauding creditors is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars or more and is less than seven thousand five hundred dollars, defrauding creditors is a felony of the fifth degree. If the value of the property involved is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, defrauding creditors is a felony of the fourth degree. If the value of the property involved is one hundred fifty thousand dollars or more, defrauding creditors is a felony of the third degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.46


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.46 Illegal use of supplemental nutrition assistance program benefits or WIC program benefits


(A)(1) As used in this section:


(a) “Electronically transferred benefit” means the transfer of supplemental nutrition assistance program benefits or WIC program benefits through the use of an access device.


(b) “WIC program benefits” includes money, coupons, delivery verification receipts, other documents, food, or other property received directly or indirectly pursuant to section 17 of the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C.A. 1786, as amended.


(c) “Access device” means any card, plate, code, account number, or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value or that can be used to initiate a transfer of funds pursuant to section 5101.33 of the Revised Code and the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program administered by any department of this state or any county or local agency pursuant to section 17 of the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An “access device” may include any electronic debit card or other means authorized by section 5101.33 of the Revised Code.


(d) “Aggregate value of supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation” means the total face value of any supplemental nutrition assistance program benefits, plus the total face value of WIC program coupons or delivery verification receipts, plus the total value of other WIC program benefits, plus the total value of any electronically transferred benefit or other access device, involved in the violation.


(e) “Total value of any electronically transferred benefit or other access device” means the total value of the payments, allotments, benefits, money, goods, or other things of value that may be obtained, or the total value of funds that may be transferred, by use of any electronically transferred benefit or other access device at the time of violation.


(2) If supplemental nutrition assistance program benefits, WIC program benefits, or electronically transferred benefits or other access devices of various values are used, transferred, bought, acquired, altered, purchased, possessed, presented for redemption, or transported in violation of this section over a period of twelve months, the course of conduct may be charged as one offense and the values of supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefits or other access devices may be aggregated in determining the degree of the offense.


(B) No individual shall knowingly possess, buy, sell, use, alter, accept, or transfer supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or section 17 of the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C. 1786, as amended.


(C) No organization, as defined in division (D) of section 2901.23 of the Revised Code, shall do either of the following:


(1) Knowingly allow an employee or agent to sell, transfer, or trade items or services, the purchase of which is prohibited by the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq. or section 17 of the “Child Nutrition Act of 1966,” 80 Stat. 885, 42 U.S.C. 1786, as amended, in exchange for supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit;


(2) Negligently allow an employee or agent to sell, transfer, or exchange supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit for anything of value.


(D) Whoever violates this section is guilty of illegal use of supplemental nutrition assistance program benefits or WIC program benefits. Except as otherwise provided in this division, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the fifth degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is one thousand dollars or more and is less than seven thousand five hundred dollars, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the fourth degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the third degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is one hundred fifty thousand dollars or more, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the second degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2009 H 1, eff. 10-16-09; 1996 S 293, eff. 9-26-96 (General Effective Date); 1996 S 269, eff. 7-1-96; 1996 S 107, eff. 5-8-96; 1995 S 162, eff. 10-29-95; 1995 H 239, eff. 11-24-95; 1995 S 2, eff. 7-1-96; 1983 H 291, eff. 7-1-83)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.47


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.47 Insurance fraud


(A) As used in this section:


(1) “Data” has the same meaning as in section 2913.01 of the Revised Code and additionally includes any other representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner.


(2) “Deceptive” means that a statement, in whole or in part, would cause another to be deceived because it contains a misleading representation, withholds information, prevents the acquisition of information, or by any other conduct, act, or omission creates, confirms, or perpetuates a false impression, including, but not limited to, a false impression as to law, value, state of mind, or other objective or subjective fact.


(3) “Insurer” means any person that is authorized to engage in the business of insurance in this state under Title XXXIX of the Revised Code, the Ohio fair plan underwriting association created under section 3929.43 of the Revised Code, any health insuring corporation, and any legal entity that is self-insured and provides benefits to its employees or members.


(4) “Policy” means a policy, certificate, contract, or plan that is issued by an insurer.


(5) “Statement” includes, but is not limited to, any notice, letter, or memorandum; proof of loss; bill of lading; receipt for payment; invoice, account, or other financial statement; estimate of property damage; bill for services; diagnosis or prognosis; prescription; hospital, medical, or dental chart or other record; x-ray, photograph, videotape, or movie film; test result; other evidence of loss, injury, or expense; computer-generated document; and data in any form.


(B) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do either of the following:


(1) Present to, or cause to be presented to, an insurer any written or oral statement that is part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive;


(2) Assist, aid, abet, solicit, procure, or conspire with another to prepare or make any written or oral statement that is intended to be presented to an insurer as part of, or in support of, an application for insurance, a claim for payment pursuant to a policy, or a claim for any other benefit pursuant to a policy, knowing that the statement, or any part of the statement, is false or deceptive.


(C) Whoever violates this section is guilty of insurance fraud. Except as otherwise provided in this division, insurance fraud is a misdemeanor of the first degree. If the amount of the claim that is false or deceptive is one thousand dollars or more and is less than seven thousand five hundred dollars, insurance fraud is a felony of the fifth degree. If the amount of the claim that is false or deceptive is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, insurance fraud is a felony of the fourth degree. If the amount of the claim that is false or deceptive is one hundred fifty thousand dollars or more, insurance fraud is a felony of the third degree.


(D) This section shall not be construed to abrogate, waive, or modify division (A) of section 2317.02 of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1997 S 67, eff. 6-4-97; 1996 S 269, eff. 7-1-96; 1995 S 2, eff. 7-1-96; 1990 H 347, eff. 7-18-90)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.48


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.48 Workers' compensation fraud


(A) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:


(1) Receive workers' compensation benefits to which the person is not entitled;


(2) Make or present or cause to be made or presented a false or misleading statement with the purpose to secure payment for goods or services rendered under Chapter 4121., 4123., 4127., or 4131. of the Revised Code or to secure workers' compensation benefits;


(3) Alter, falsify, destroy, conceal, or remove any record or document that is necessary to fully establish the validity of any claim filed with, or necessary to establish the nature and validity of all goods and services for which reimbursement or payment was received or is requested from, the bureau of workers' compensation, or a self-insuring employer under Chapter 4121., 4123., 4127., or 4131. of the Revised Code;


(4) Enter into an agreement or conspiracy to defraud the bureau or a self-insuring employer by making or presenting or causing to be made or presented a false claim for workers' compensation benefits;


(5) Make or present or cause to be made or presented a false statement concerning manual codes, classification of employees, payroll, paid compensation, or number of personnel, when information of that nature is necessary to determine the actual workers' compensation premium or assessment owed to the bureau by an employer;


(6) Alter, forge, or create a workers' compensation certificate to falsely show current or correct workers' compensation coverage;


(7) Fail to secure or maintain workers' compensation coverage as required by Chapter 4123. of the Revised Code with the intent to defraud the bureau of workers' compensation.


(B) Whoever violates this section is guilty of workers' compensation fraud. Except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the value of premiums and assessments unpaid pursuant to actions described in division (A)(5), (6), or (7) of this section, or of goods, services, property, or money stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, a violation of this section is a felony of the fifth degree. If the value of premiums and assessments unpaid pursuant to actions described in division (A)(5), (6), or (7) of this section, or of goods, services, property, or money stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is a felony of the fourth degree. If the value of premiums and assessments unpaid pursuant to actions described in division (A)(5), (6), or (7) of this section, or of goods, services, property, or money stolen is one hundred fifty thousand dollars or more, a violation of this section is a felony of the third degree.


(C) Upon application of the governmental body that conducted the investigation and prosecution of a violation of this section, the court shall order the person who is convicted of the violation to pay the governmental body its costs of investigating and prosecuting the case. These costs are in addition to any other costs or penalty provided in the Revised Code or any other section of law.


(D) The remedies and penalties provided in this section are not exclusive remedies and penalties and do not preclude the use of any other criminal or civil remedy or penalty for any act that is in violation of this section.


(E) As used in this section:


(1) “False” means wholly or partially untrue or deceptive.


(2) “Goods” includes, but is not limited to, medical supplies, appliances, rehabilitative equipment, and any other apparatus or furnishing provided or used in the care, treatment, or rehabilitation of a claimant for workers' compensation benefits.


(3) “Services” includes, but is not limited to, any service provided by any health care provider to a claimant for workers' compensation benefits and any and all services provided by the bureau as part of workers' compensation insurance coverage.


(4) “Claim” means any attempt to cause the bureau, an independent third party with whom the administrator or an employer contracts under section 4121.44 of the Revised Code, or a self-insuring employer to make payment or reimbursement for workers' compensation benefits.


(5) “Employment” means participating in any trade, occupation, business, service, or profession for substantial gainful remuneration.


(6) “Employer,” “employee,” and “self-insuring employer” have the same meanings as in section 4123.01 of the Revised Code.


(7) “Remuneration” includes, but is not limited to, wages, commissions, rebates, and any other reward or consideration.


(8) “Statement” includes, but is not limited to, any oral, written, electronic, electronic impulse, or magnetic communication notice, letter, memorandum, receipt for payment, invoice, account, financial statement, or bill for services; a diagnosis, prognosis, prescription, hospital, medical, or dental chart or other record; and a computer generated document.


(9) “Records” means any medical, professional, financial, or business record relating to the treatment or care of any person, to goods or services provided to any person, or to rates paid for goods or services provided to any person, or any record that the administrator of workers' compensation requires pursuant to rule.


(10) “Workers' compensation benefits” means any compensation or benefits payable under Chapter 4121., 4123., 4127., or 4131. of the Revised Code.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2006 S 7, eff. 6-30-06; 1995 S 2, eff. 7-1-96; 1993 H 107, eff. 10-20-93)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.49


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Frauds

2913.49 Identity fraud; affirmative defenses


(A) As used in this section, “personal identifying information” includes, but is not limited to, the following: the name, address, telephone number, driver's license, driver's license number, commercial driver's license, commercial driver's license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.


(B) No person, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:


(1) Hold the person out to be the other person;


(2) Represent the other person's personal identifying information as the person's own personal identifying information.


(C) No person shall create, obtain, possess, or use the personal identifying information of any person with the intent to aid or abet another person in violating division (B) of this section.


(D) No person, with intent to defraud, shall permit another person to use the person's own personal identifying information.


(E) No person who is permitted to use another person's personal identifying information as described in division (D) of this section shall use, obtain, or possess the other person's personal identifying information with intent to defraud any person by doing any act identified in division (B)(1) or (2) of this section.


(F)(1) It is an affirmative defense to a charge under division (B) of this section that the person using the personal identifying information is acting in accordance with a legally recognized guardianship or conservatorship or as a trustee or fiduciary.


(2) It is an affirmative defense to a charge under division (B), (C), (D), or (E) of this section that either of the following applies:


(a) The person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using, obtaining, possessing, or creating the personal identifying information or permitting it to be used, with prior consent given as specified in this division, in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter. The prior consent required under this division shall be given by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or, if the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used is deceased, by that deceased person's executor, or a member of that deceased person's family, or that deceased person's attorney. The prior consent required under this division may be given orally or in writing by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or that person's executor, or family member, or attorney.


(b) The personal identifying information was obtained, possessed, used, created, or permitted to be used for a lawful purpose, provided that division (F)(2)(b) of this section does not apply if the person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel that is using, obtaining, possessing, or creating the personal identifying information or permitting it to be used in an investigation, an information security evaluation, a pretext calling evaluation, or similar matter.


(G) It is not a defense to a charge under this section that the person whose personal identifying information was obtained, possessed, used, created, or permitted to be used was deceased at the time of the offense.


(H)(1) If an offender commits a violation of division (B), (D), or (E) of this section and the violation occurs as part of a course of conduct involving other violations of division (B), (D), or (E) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant to division (I) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the offender and all debts or other legal obligations avoided or sought to be avoided by the offender in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.


(2) If an offender commits a violation of division (C) of this section and the violation occurs as part of a course of conduct involving other violations of division (C) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (B), (D), or (E) of this section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant to division (I) of this section, may aggregate all credit, property, or services obtained or sought to be obtained by the person aided or abetted and all debts or other legal obligations avoided or sought to be avoided by the person aided or abetted in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.


(I)(1) Whoever violates this section is guilty of identity fraud.


(2) Except as otherwise provided in this division or division (I)(3) of this section, identity fraud is a felony of the fifth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one thousand dollars or more and is less than seven thousand five hundred dollars, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the fourth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the third degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one hundred fifty thousand dollars or more, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the second degree.


(3) If the victim of the offense is an elderly person or disabled adult, a violation of this section is identity fraud against an elderly person or disabled adult. Except as otherwise provided in this division, identity fraud against an elderly person or disabled adult is a felony of the fifth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one thousand dollars or more and is less than seven thousand five hundred dollars, identity fraud against an elderly person or disabled adult is a felony of the third degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, identity fraud against an elderly person or disabled adult is a felony of the second degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one hundred fifty thousand dollars or more, identity fraud against an elderly person or disabled adult is a felony of the first degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2005 H 48, eff. 9-16-05; 2002 H 309, eff. 9-27-02; 1999 S 7, eff. 8-25-99)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.51


Effective: September 30, 2011 to June 30, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.51 Receiving stolen property


<Note: See also version(s) of this section with later effective date(s).>


(A) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.


(B) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.


(C) Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division, receiving stolen property is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars or more and is less than seven thousand five hundred dollars, if the property involved is any of the property listed in section 2913.71 of the Revised Code, receiving stolen property is a felony of the fifth degree. If the property involved is a motor vehicle, as defined in section 4501.01 of the Revised Code, if the property involved is a dangerous drug, as defined in section 4729.01 of the Revised Code, if the value of the property involved is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, or if the property involved is a firearm or dangerous ordnance, as defined in section 2923.11 of the Revised Code, receiving stolen property is a felony of the fourth degree. If the value of the property involved is one hundred fifty thousand dollars or more, receiving stolen property is a felony of the third degree.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 1999 S 64, eff. 10-29-99; 1998 S 66, eff. 7-22-98; 1995 S 2, eff. 7-1-96; 1995 H 4, eff. 11-9-95; 1986 H 49, eff. 6-26-86; 1983 S 210; 1982 S 199, H 269; 1980 S 191; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.51


Effective: July 1, 2013


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.51 Receiving stolen property


<Note: See also version(s) of this section with earlier effective date(s).>


(A) No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.


(B) It is not a defense to a charge of receiving stolen property in violation of this section that the property was obtained by means other than through the commission of a theft offense if the property was explicitly represented to the accused person as being obtained through the commission of a theft offense.


(C) Whoever violates this section is guilty of receiving stolen property. Except as otherwise provided in this division or division (D) of this section, receiving stolen property is a misdemeanor of the first degree. If the value of the property involved is one thousand dollars or more and is less than seven thousand five hundred dollars, if the property involved is any of the property listed in section 2913.71 of the Revised Code, receiving stolen property is a felony of the fifth degree. If the property involved is a motor vehicle, as defined in section 4501.01 of the Revised Code, if the property involved is a dangerous drug, as defined in section 4729.01 of the Revised Code, if the value of the property involved is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, or if the property involved is a firearm or dangerous ordnance, as defined in section 2923.11 of the Revised Code, receiving stolen property is a felony of the fourth degree. If the value of the property involved is one hundred fifty thousand dollars or more, receiving stolen property is a felony of the third degree.


(D) Except as provided in division (C) of this section with respect to property involved in a violation of this section with a value of seven thousand five hundred dollars or more, if the property involved in violation of this section is a special purchase article as defined in section 4737.04 of the Revised Code or a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is receiving a stolen special purchase article or articles or receiving a stolen bulk merchandise container or containers, a felony of the fifth degree.



CREDIT(S)


(2013 H 51, eff. 7-1-13; 2011 H 86, eff. 9-30-11; 1999 S 64, eff. 10-29-99; 1998 S 66, eff. 7-22-98; 1995 S 2, eff. 7-1-96; 1995 H 4, eff. 11-9-95; 1986 H 49, eff. 6-26-86; 1983 S 210; 1982 S 199, H 269; 1980 S 191; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.61


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.61 Value of stolen property


(A) When a person is charged with a theft offense, or with a violation of division (A)(1) of section 1716.14 of the Revised Code involving a victim who is an elderly person or disabled adult that involves property or services valued at one thousand dollars or more, property or services valued at one thousand dollars or more and less than seven thousand five hundred dollars, property or services valued at one thousand five hundred dollars or more and less than seven thousand five hundred dollars, property or services valued at seven thousand five hundred dollars or more and less than thirty-seven thousand five hundred dollars, property or services valued at seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, property or services valued at thirty-seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, property or services valued at thirty-seven thousand five hundred dollars or more, property or services valued at one hundred fifty thousand dollars or more, property or services valued at one hundred fifty thousand dollars or more and less than seven hundred fifty thousand dollars, property or services valued at seven hundred fifty thousand dollars or more and less than one million five hundred thousand dollars, or property or services valued at one million five hundred thousand dollars or more, the jury or court trying the accused shall determine the value of the property or services as of the time of the offense and, if a guilty verdict is returned, shall return the finding of value as part of the verdict. In any case in which the jury or court determines that the value of the property or services at the time of the offense was one thousand dollars or more, it is unnecessary to find and return the exact value, and it is sufficient if the finding and return is to the effect that the value of the property or services involved was one thousand dollars or more and less than seven thousand five hundred dollars, was one thousand dollars or more and less than seven thousand five hundred dollars, was seven thousand five hundred dollars or more and less than thirty-seven thousand five hundred dollars, was seven thousand five hundred dollars or more and less than thirty-seven thousand five hundred dollars, was seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, was thirty-seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, was thirty-seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, was one hundred fifty thousand dollars or more, was one hundred fifty thousand dollars or more and less than seven hundred fifty thousand dollars, was seven hundred fifty thousand dollars or more and less than one million five hundred thousand dollars, or was one million five hundred thousand dollars or more, whichever is relevant regarding the offense.


(B) If more than one item of property or services is involved in a theft offense or in a violation of division (A)(1) of section 1716.14 of the Revised Code involving a victim who is an elderly person or disabled adult, the value of the property or services involved for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property or services involved in the offense.


(C)(1) When a series of offenses under section 2913.02 of the Revised Code, or a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of division (A)(1) of section 1716.14, section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section 2913.21, or section 2913.31 or 2913.43 of the Revised Code involving a victim who is an elderly person or disabled adult, is committed by the offender in the offender's same employment, capacity, or relationship to another, all of those offenses shall be tried as a single offense. The value of the property or services involved in the series of offenses for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property and services involved in all offenses in the series.


(2) If an offender commits a series of offenses under section 2913.02 of the Revised Code that involves a common course of conduct to defraud multiple victims, all of the offenses may be tried as a single offense. If an offender is being tried for the commission of a series of violations of, attempts to commit a violation of, conspiracies to violate, or complicity in violations of division (A)(1) of section 1716.14, section 2913.02, 2913.03, or 2913.04, division (B)(1) or (2) of section 2913.21, or section 2913.31 or 2913.43 of the Revised Code, whether committed against one victim or more than one victim, involving a victim who is an elderly person or disabled adult, pursuant to a scheme or course of conduct, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property and services involved in all of the offenses in the course of conduct.


(3) When a series of two or more offenses under section 2913.40, 2913.48, or 2921.41 of the Revised Code is committed by the offender in the offender's same employment, capacity, or relationship to another, all of those offenses may be tried as a single offense. If the offenses are tried as a single offense, the value of the property or services involved for the purpose of determining the value as required by division (A) of this section is the aggregate value of all property and services involved in all of the offenses in the series of two or more offenses.


(4) In prosecuting a single offense under division (C)(1), (2), or (3) of this section, it is not necessary to separately allege and prove each offense in the series. Rather, it is sufficient to allege and prove that the offender, within a given span of time, committed one or more theft offenses or violations of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the offender's same employment, capacity, or relationship to another as described in division (C)(1) or (3) of this section, or committed one or more theft offenses that involve a common course of conduct to defraud multiple victims or a scheme or course of conduct as described in division (C)(2) of this section. While it is not necessary to separately allege and prove each offense in the series in order to prosecute a single offense under division (C)(1), (2), or (3) of this section, it remains necessary in prosecuting them as a single offense to prove the aggregate value of the property or services in order to meet the requisite statutory offense level sought by the prosecution.


(D) The following criteria shall be used in determining the value of property or services involved in a theft offense:


(1) The value of an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that has intrinsic worth to its owner and that either is irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, is the amount that would compensate the owner for its loss.


(2) The value of personal effects and household goods, and of materials, supplies, equipment, and fixtures used in the profession, business, trade, occupation, or avocation of its owner, which property is not covered under division (D)(1) of this section and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing the property with new property of like kind and quality.


(3) The value of any real or personal property that is not covered under division (D)(1) or (2) of this section, and the value of services, is the fair market value of the property or services. As used in this section, “fair market value” is the money consideration that a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and the seller is willing to sell, that both are fully informed as to all facts material to the transaction, and that neither is under any compulsion to act.


(E) Without limitation on the evidence that may be used to establish the value of property or services involved in a theft offense:


(1) When the property involved is personal property held for sale at wholesale or retail, the price at which the property was held for sale is prima-facie evidence of its value.


(2) When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest market quotation prior to the offense is prima-facie evidence of the value of the security or commodity.


(3) When the property involved is livestock, poultry, or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima-facie evidence of the value of the livestock, poultry, or products.


(4) When the property involved is a negotiable instrument, the face value is prima-facie evidence of the value of the instrument.


(5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check, or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property is prima-facie evidence of the value of the instrument.


(6) When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services that may be received by the instrument is prima-facie evidence of the value of the instrument.


(7) When the services involved are gas, electricity, water, telephone, transportation, shipping, or other services for which the rate is established by law, the duly established rate is prima-facie evidence of the value of the services.


(8) When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for the services, either in writing, orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in the notice is prima-facie evidence of the value of the services.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2000 H 364, eff. 9-14-00; 1999 S 2, § 3, eff. 11-22-99; 1999 S 2, § 1, eff. 11-22-99; 1999 H 2, eff. 11-10-99; 1998 H 565, eff. 3-30-99; 1995 S 2, eff. 7-1-96; 1982 H 269, eff. 12-17-82; 1982 S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.71


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.71 Degree of offense when certain property involved


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 2913.02 or 2913.51 of the Revised Code is a felony of the fifth degree 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 section 4503.22 of the Revised Code, a temporary license placard or windshield sticker as prescribed by section 4503.182 of the Revised Code, or any comparable license plate, placard, or sticker 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 section 4505.07 of the Revised Code;


(E) A blank form for any license listed in section 4507.01 of the Revised Code.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1995 H 4, eff. 11-9-95; 1984 H 632, eff. 3-28-85; 1980 S 191; 1977 H 1; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.72


Effective: April 7, 2009


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.72 Evidence of intent to commit theft of rented property or rental services


(A) Each of the following shall be considered evidence of an 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.


(2) After receiving a notice demanding the return of rented property as provided in division (B) of this section, the rentee neither returned the rented property nor made arrangements acceptable with the renter to return the rented property.


(B) To establish that a rentee has an intent to commit theft of rented property or rental services under division (A)(2) of this section, a renter may issue a notice to a rentee demanding the return of 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.


(C) A demand for the return of 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 (A) of this section does not constitute the only evidence that may be considered as evidence of intent to commit theft of rented property or rental services.


(D) As used in this section:


(1) “Renter” means a person who owns rented property.


(2) “Rentee” means a person who pays consideration to a renter for the use of rented property.



CREDIT(S)


(2008 S 320, eff. 4-7-09; 1995 S 2, eff. 7-1-96)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.73


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.73 Admissibility of evidence of lack of capacity to consent


In a prosecution for any alleged violation of a provision of this chapter, if the lack of consent of the victim is an element of the provision that allegedly was violated, evidence that, at the time of the alleged violation, the victim lacked the capacity to give consent is admissible to show that the victim did not give consent.


As used in this section, “lacks the capacity to consent” means being impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person or the person's resources.



CREDIT(S)


(1999 H 2, eff. 11-10-99)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.81


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.81 Denying access to a computer--Repealed



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1986 H 49, eff. 6-26-86)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2913.82


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2913. Theft and Fraud (Refs & Annos)

Miscellaneous Provisions

2913.82 Theft involving motor vehicle; offender to pay towing and storage fees


If a person is convicted of a theft offense that involves a motor vehicle, as defined in section 4501.01 of the Revised Code, or any major part of a motor vehicle, and if a local authority, as defined in section 4511.01 of the Revised Code, the owner of the vehicle or major part, or a person, acting on behalf of the owner, was required to pay any towing or storage fees prior to recovering possession of the motor vehicle or major part, the court that sentences the offender, as a part of its sentence, shall require the offender to repay the fees to the local authority, the owner, or the person who paid the fees on behalf of the owner.


As used in this section, “major part” has the same meaning as in the “Motor Vehicle Theft Law Enforcement Act of 1984,” 98 Stat. 2754, 15 U.S.C. 2021 (7), as amended.



CREDIT(S)


(1986 H 546, eff. 3-25-87)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. T. XXIX, Ch. 2915, Refs & Annos


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure

Chapter 2915. Gambling


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.01


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

General Provisions

2915.01 Definitions


As used in this chapter:


(A) “Bookmaking” means the business of receiving or paying off bets.


(B) “Bet” means the hazarding of anything of value upon the result of an event, undertaking, or contingency, but does not include a bona fide business risk.


(C) “Scheme of chance” means a slot machine, lottery, numbers game, pool conducted for profit, or other scheme in which a participant gives a valuable consideration for a chance to win a prize, but does not include bingo, a skill-based amusement machine, or a pool not conducted for profit.


(D) “Game of chance” means poker, craps, roulette, or other game in which a player gives anything of value in the hope of gain, the outcome of which is determined largely by chance, but does not include bingo.


(E) “Game of chance conducted for profit” means any game of chance designed to produce income for the person who conducts or operates the game of chance, but does not include bingo.


(F) “Gambling device” means any of the following:


(1) A book, totalizer, or other equipment for recording bets;


(2) A ticket, token, or other device representing a chance, share, or interest in a scheme of chance or evidencing a bet;


(3) A deck of cards, dice, gaming table, roulette wheel, slot machine, or other apparatus designed for use in connection with a game of chance;


(4) Any equipment, device, apparatus, or paraphernalia specially designed for gambling purposes;


(5) Bingo supplies sold or otherwise provided, or used, in violation of this chapter.


(G) “Gambling offense” means any of the following:


(1) A violation of section 2915.02, 2915.03, 2915.04, 2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;


(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States substantially equivalent to any section listed in division (G)(1) of this section or a violation of section 2915.06 of the Revised Code as it existed prior to July 1, 1996;


(3) An offense under an existing or former municipal ordinance or law of this or any other state or the United States, of which gambling is an element;


(4) A conspiracy or attempt to commit, or complicity in committing, any offense under division (G)(1), (2), or (3) of this section.


(H) Except as otherwise provided in this chapter, “charitable organization” means either of the following:


(1) An organization that is, and has received from the internal revenue service a determination letter that currently is in effect stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code [FN1];


(2) A volunteer rescue service organization, volunteer firefighter's organization, veteran's organization, fraternal organization, or sporting organization that is exempt from federal income taxation under subsection 501(c)(4), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code [FN2].


To qualify as a “charitable organization,” an organization shall have been in continuous existence as such in this state for a period of two years immediately preceding either the making of an application for a bingo license under section 2915.08 of the Revised Code or the conducting of any game of chance as provided in division (D) of section 2915.02 of the Revised Code.


(I) “Religious organization” means any church, body of communicants, or group that is not organized or operated for profit and that gathers in common membership for regular worship and religious observances.


(J) “Veteran's organization” means any individual post or state headquarters of a national veteran's association or an auxiliary unit of any individual post of a national veteran's association, which post, state headquarters, or auxiliary unit is incorporated as a nonprofit corporation and either has received a letter from the state headquarters of the national veteran's association indicating that the individual post or auxiliary unit is in good standing with the national veteran's association or has received a letter from the national veteran's association indicating that the state headquarters is in good standing with the national veteran's association. As used in this division, “national veteran's association” means any veteran's association that has been in continuous existence as such for a period of at least five years and either is incorporated by an act of the United States congress or has a national dues-paying membership of at least five thousand persons.


(K) “Volunteer firefighter's organization” means any organization of volunteer firefighters, as defined in section 146.01 of the Revised Code, that is organized and operated exclusively to provide financial support for a volunteer fire department or a volunteer fire company and that is recognized or ratified by a county, municipal corporation, or township.


(L) “Fraternal organization” means any society, order, state headquarters, or association within this state, except a college or high school fraternity, that is not organized for profit, that is a branch, lodge, or chapter of a national or state organization, that exists exclusively for the common business or sodality of its members.


(M) “Volunteer rescue service organization” means any organization of volunteers organized to function as an emergency medical service organization, as defined in section 4765.01 of the Revised Code.


(N) “Charitable bingo game” means any bingo game described in division (O)(1) or (2) of this section that is conducted by a charitable organization that has obtained a license pursuant to section 2915.08 of the Revised Code and the proceeds of which are used for a charitable purpose.


(O) “Bingo” means either of the following:


(1) A game with all of the following characteristics:


(a) The participants use bingo cards or sheets, including paper formats and electronic representation or image formats, that are divided into twenty-five spaces arranged in five horizontal and five vertical rows of spaces, with each space, except the central space, being designated by a combination of a letter and a number and with the central space being designated as a free space.


(b) The participants cover the spaces on the bingo cards or sheets that correspond to combinations of letters and numbers that are announced by a bingo game operator.


(c) A bingo game operator announces combinations of letters and numbers that appear on objects that a bingo game operator selects by chance, either manually or mechanically, from a receptacle that contains seventy-five objects at the beginning of each game, each object marked by a different combination of a letter and a number that corresponds to one of the seventy-five possible combinations of a letter and a number that can appear on the bingo cards or sheets.


(d) The winner of the bingo game includes any participant who properly announces during the interval between the announcements of letters and numbers as described in division (O)(1)(c) of this section, that a predetermined and preannounced pattern of spaces has been covered on a bingo card or sheet being used by the participant.


(2) Instant bingo, punch boards, and raffles.


(P) “Conduct” means to back, promote, organize, manage, carry on, sponsor, or prepare for the operation of bingo or a game of chance.


(Q) “Bingo game operator” means any person, except security personnel, who performs work or labor at the site of bingo, including, but not limited to, collecting money from participants, handing out bingo cards or sheets or objects to cover spaces on bingo cards or sheets, selecting from a receptacle the objects that contain the combination of letters and numbers that appear on bingo cards or sheets, calling out the combinations of letters and numbers, distributing prizes, selling or redeeming instant bingo tickets or cards, supervising the operation of a punch board, selling raffle tickets, selecting raffle tickets from a receptacle and announcing the winning numbers in a raffle, and preparing, selling, and serving food or beverages.


(R) “Participant” means any person who plays bingo.


(S) “Bingo session” means a period that includes both of the following:


(1) Not to exceed five continuous hours for the conduct of one or more games described in division (O)(1) of this section, instant bingo, and seal cards;


(2) A period for the conduct of instant bingo and seal cards for not more than two hours before and not more than two hours after the period described in division (S)(1) of this section.


(T) “Gross receipts” means all money or assets, including admission fees, that a person receives from bingo without the deduction of any amounts for prizes paid out or for the expenses of conducting bingo. “Gross receipts” does not include any money directly taken in from the sale of food or beverages by a charitable organization conducting bingo, or by a bona fide auxiliary unit or society of a charitable organization conducting bingo, provided all of the following apply:


(1) The auxiliary unit or society has been in existence as a bona fide auxiliary unit or society of the charitable organization for at least two years prior to conducting bingo.


(2) The person who purchases the food or beverage receives nothing of value except the food or beverage and items customarily received with the purchase of that food or beverage.


(3) The food and beverages are sold at customary and reasonable prices.


(U) “Security personnel” includes any person who either is a sheriff, deputy sheriff, marshal, deputy marshal, township constable, or member of an organized police department of a municipal corporation or has successfully completed a peace officer's training course pursuant to sections 109.71 to 109.79 of the Revised Code and who is hired to provide security for the premises on which bingo is conducted.


(V) “Charitable purpose” means that the net profit of bingo, other than instant bingo, is used by, or is given, donated, or otherwise transferred to, any of the following:


(1) Any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;


(2) A veteran's organization that is a post, chapter, or organization of veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post, chapter, or organization organized in the United States or any of its possessions, at least seventy-five per cent of the members of which are veterans and substantially all of the other members of which are individuals who are spouses, widows, or widowers of veterans, or such individuals, provided that no part of the net earnings of such post, chapter, or organization inures to the benefit of any private shareholder or individual, and further provided that the net profit is used by the post, chapter, or organization for the charitable purposes set forth in division (B)(12) of section 5739.02 of the Revised Code, is used for awarding scholarships to or for attendance at an institution mentioned in division (B)(12) of section 5739.02 of the Revised Code, is donated to a governmental agency, or is used for nonprofit youth activities, the purchase of United States or Ohio flags that are donated to schools, youth groups, or other bona fide nonprofit organizations, promotion of patriotism, or disaster relief;


(3) A fraternal organization that has been in continuous existence in this state for fifteen years and that uses the net profit exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, if contributions for such use would qualify as a deductible charitable contribution under subsection 170 of the Internal Revenue Code;


(4) A volunteer firefighter's organization that uses the net profit for the purposes set forth in division (K) of this section.


(W) “Internal Revenue Code” means the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter amended.


(X) “Youth athletic organization” means any organization, not organized for profit, that is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are twenty-one years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.


(Y) “Youth athletic park organization” means any organization, not organized for profit, that satisfies both of the following:


(1) It owns, operates, and maintains playing fields that satisfy both of the following:


(a) The playing fields are used at least one hundred days per year for athletic activities by one or more organizations, not organized for profit, each of which is organized and operated exclusively to provide financial support to, or to operate, athletic activities for persons who are eighteen years of age or younger by means of sponsoring, organizing, operating, or contributing to the support of an athletic team, club, league, or association.


(b) The playing fields are not used for any profit-making activity at any time during the year.


(2) It uses the proceeds of bingo it conducts exclusively for the operation, maintenance, and improvement of its playing fields of the type described in division (Y)(1) of this section.


(Z) “Bingo supplies” means bingo cards or sheets; instant bingo tickets or cards; electronic bingo aids; raffle tickets; punch boards; seal cards; instant bingo ticket dispensers; and devices for selecting or displaying the combination of bingo letters and numbers or raffle tickets. Items that are “bingo supplies” are not gambling devices if sold or otherwise provided, and used, in accordance with this chapter. For purposes of this chapter, “bingo supplies” are not to be considered equipment used to conduct a bingo game.


(AA) “Instant bingo” means a form of bingo that shall use folded or banded tickets or paper cards with perforated break-open tabs, a face of which is covered or otherwise hidden from view to conceal a number, letter, or symbol, or set of numbers, letters, or symbols, some of which have been designated in advance as prize winners, and may also include games in which some winners are determined by the random selection of one or more bingo numbers by the use of a seal card or bingo blower. In all “instant bingo” the prize amount and structure shall be predetermined. “Instant bingo” does not include any device that is activated by the insertion of a coin, currency, token, or an equivalent, and that contains as one of its components a video display monitor that is capable of displaying numbers, letters, symbols, or characters in winning or losing combinations.


(BB) “Seal card” means a form of instant bingo that uses instant bingo tickets in conjunction with a board or placard that contains one or more seals that, when removed or opened, reveal predesignated winning numbers, letters, or symbols.


(CC) “Raffle” means a form of bingo in which the one or more prizes are won by one or more persons who have purchased a raffle ticket. The one or more winners of the raffle are determined by drawing a ticket stub or other detachable section from a receptacle containing ticket stubs or detachable sections corresponding to all tickets sold for the raffle. “Raffle” does not include the drawing of a ticket stub or other detachable section of a ticket purchased to attend a professional sporting event if both of the following apply:


(1) The ticket stub or other detachable section is used to select the winner of a free prize given away at the professional sporting event; and


(2) The cost of the ticket is the same as the cost of a ticket to the professional sporting event on days when no free prize is given away.


(DD) “Punch board” means a board containing a number of holes or receptacles of uniform size in which are placed, mechanically and randomly, serially numbered slips of paper that may be punched or drawn from the hole or receptacle when used in conjunction with instant bingo. A player may punch or draw the numbered slips of paper from the holes or receptacles and obtain the prize established for the game if the number drawn corresponds to a winning number or, if the punch board includes the use of a seal card, a potential winning number.


(EE) “Gross profit” means gross receipts minus the amount actually expended for the payment of prize awards.


(FF) “Net profit” means gross profit minus expenses.


(GG) “Expenses” means the reasonable amount of gross profit actually expended for all of the following:


(1) The purchase or lease of bingo supplies;


(2) The annual license fee required under section 2915.08 of the Revised Code;


(3) Bank fees and service charges for a bingo session or game account described in section 2915.10 of the Revised Code;


(4) Audits and accounting services;


(5) Safes;


(6) Cash registers;


(7) Hiring security personnel;


(8) Advertising bingo;


(9) Renting premises in which to conduct a bingo session;


(10) Tables and chairs;


(11) Expenses for maintaining and operating a charitable organization's facilities, including, but not limited to, a post home, club house, lounge, tavern, or canteen and any grounds attached to the post home, club house, lounge, tavern, or canteen;


(12) Payment of real property taxes and assessments that are levied on a premises on which bingo is conducted;


(13) Any other product or service directly related to the conduct of bingo that is authorized in rules adopted by the attorney general under division (B)(1) of section 2915.08 of the Revised Code.


(HH) “Person” has the same meaning as in section 1.59 of the Revised Code and includes any firm or any other legal entity, however organized.


(II) “Revoke” means to void permanently all rights and privileges of the holder of a license issued under section 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable gaming license issued by another jurisdiction.


(JJ) “Suspend” means to interrupt temporarily all rights and privileges of the holder of a license issued under section 2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable gaming license issued by another jurisdiction.


(KK) “Distributor” means any person who purchases or obtains bingo supplies and who does either of the following:


(1) Sells, offers for sale, or otherwise provides or offers to provide the bingo supplies to another person for use in this state;


(2) Modifies, converts, adds to, or removes parts from the bingo supplies to further their promotion or sale for use in this state.


(LL) “Manufacturer” means any person who assembles completed bingo supplies from raw materials, other items, or subparts or who modifies, converts, adds to, or removes parts from bingo supplies to further their promotion or sale.


(MM) “Gross annual revenues” means the annual gross receipts derived from the conduct of bingo described in division (O)(1) of this section plus the annual net profit derived from the conduct of bingo described in division (O)(2) of this section.


(NN) “Instant bingo ticket dispenser” means a mechanical device that dispenses an instant bingo ticket or card as the sole item of value dispensed and that has the following characteristics:


(1) It is activated upon the insertion of United States currency.


(2) It performs no gaming functions.


(3) It does not contain a video display monitor or generate noise.


(4) It is not capable of displaying any numbers, letters, symbols, or characters in winning or losing combinations.


(5) It does not simulate or display rolling or spinning reels.


(6) It is incapable of determining whether a dispensed bingo ticket or card is a winning or nonwinning ticket or card and requires a winning ticket or card to be paid by a bingo game operator.


(7) It may provide accounting and security features to aid in accounting for the instant bingo tickets or cards it dispenses.


(8) It is not part of an electronic network and is not interactive.


(OO)(1) “Electronic bingo aid” means an electronic device used by a participant to monitor bingo cards or sheets purchased at the time and place of a bingo session and that does all of the following:


(a) It provides a means for a participant to input numbers and letters announced by a bingo caller.


(b) It compares the numbers and letters entered by the participant to the bingo faces previously stored in the memory of the device.


(c) It identifies a winning bingo pattern.


(2) “Electronic bingo aid” does not include any device into which a coin, currency, token, or an equivalent is inserted to activate play.


(PP) “Deal of instant bingo tickets” means a single game of instant bingo tickets all with the same serial number.


(QQ)(1) “Slot machine” means either of the following:


(a) Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player who gives the thing of value in the hope of gain;


(b) Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a player to conduct bingo or a scheme or game of chance.


(2) “Slot machine” does not include a skill-based amusement machine or an instant bingo ticket dispenser.


(RR) “Net profit from the proceeds of the sale of instant bingo” means gross profit minus the ordinary, necessary, and reasonable expense expended for the purchase of instant bingo supplies, and, in the case of instant bingo conducted by a veteran's, fraternal, or sporting organization, minus the payment by that organization of real property taxes and assessments levied on a premises on which instant bingo is conducted.


(SS) “Charitable instant bingo organization” means an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code and is a charitable organization as defined in this section. A “charitable instant bingo organization” does not include a charitable organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code [FN3] and that is created by a veteran's organization, a fraternal organization, or a sporting organization in regards to bingo conducted or assisted by a veteran's organization, a fraternal organization, or a sporting organization pursuant to section 2915.13 of the Revised Code.


(TT) “Game flare” means the board or placard that accompanies each deal of instant bingo tickets and that has printed on or affixed to it the following information for the game:


(1) The name of the game;


(2) The manufacturer's name or distinctive logo;


(3) The form number;


(4) The ticket count;


(5) The prize structure, including the number of winning instant bingo tickets by denomination and the respective winning symbol or number combinations for the winning instant bingo tickets;


(6) The cost per play;


(7) The serial number of the game.


(UU)(1) “Skill-based amusement machine” means a mechanical, video, digital, or electronic device that rewards the player or players, if at all, only with merchandise prizes or with redeemable vouchers redeemable only for merchandise prizes, provided that with respect to rewards for playing the game all of the following apply:


(a) The wholesale value of a merchandise prize awarded as a result of the single play of a machine does not exceed ten dollars;


(b) Redeemable vouchers awarded for any single play of a machine are not redeemable for a merchandise prize with a wholesale value of more than ten dollars;


(c) Redeemable vouchers are not redeemable for a merchandise prize that has a wholesale value of more than ten dollars times the fewest number of single plays necessary to accrue the redeemable vouchers required to obtain that prize; and


(d) Any redeemable vouchers or merchandise prizes are distributed at the site of the skill-based amusement machine at the time of play.


A card for the purchase of gasoline is a redeemable voucher for purposes of division (UU)(1) of this section even if the skill-based amusement machine for the play of which the card is awarded is located at a place where gasoline may not be legally distributed to the public or the card is not redeemable at the location of, or at the time of playing, the skill-based amusement machine.


(2) A device shall not be considered a skill-based amusement machine and shall be considered a slot machine if it pays cash or one or more of the following apply:


(a) The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game.


(b) Any reward of redeemable vouchers is not based solely on the player achieving the object of the game or the player's score;


(c) The outcome of the game, or the value of the redeemable voucher or merchandise prize awarded for winning the game, can be controlled by a source other than any player playing the game.


(d) The success of any player is or may be determined by a chance event that cannot be altered by player actions.


(e) The ability of any player to succeed at the game is determined by game features not visible or known to the player.


(f) The ability of the player to succeed at the game is impacted by the exercise of a skill that no reasonable player could exercise.


(3) All of the following apply to any machine that is operated as described in division (UU)(1) of this section:


(a) As used in division (UU) of this section, “game” and “play” mean one event from the initial activation of the machine until the results of play are determined without payment of additional consideration. An individual utilizing a machine that involves a single game, play, contest, competition, or tournament may be awarded redeemable vouchers or merchandise prizes based on the results of play.


(b) Advance play for a single game, play, contest, competition, or tournament participation may be purchased. The cost of the contest, competition, or tournament participation may be greater than a single noncontest, competition, or tournament play.


(c) To the extent that the machine is used in a contest, competition, or tournament, that contest, competition, or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of redeemable vouchers or merchandise prizes that are stated prior to the start of the contest, competition, or tournament.


(4) For purposes of division (UU)(1) of this section, the mere presence of a device, such as a pin-setting, ball-releasing, or scoring mechanism, that does not contribute to or affect the outcome of the play of the game does not make the device a skill-based amusement machine.


(VV) “Merchandise prize” means any item of value, but shall not include any of the following:


(1) Cash, gift cards, or any equivalent thereof;


(2) Plays on games of chance, state lottery tickets, bingo, or instant bingo;


(3) Firearms, tobacco, or alcoholic beverages; or


(4) A redeemable voucher that is redeemable for any of the items listed in division (VV)(1), (2), or (3) of this section.


(WW) “Redeemable voucher” means any ticket, token, coupon, receipt, or other noncash representation of value.


(XX) “Pool not conducted for profit” means a scheme in which a participant gives a valuable consideration for a chance to win a prize and the total amount of consideration wagered is distributed to a participant or participants.


(YY) “Sporting organization” means a hunting, fishing, or trapping organization, other than a college or high school fraternity or sorority, that is not organized for profit, that is affiliated with a state or national sporting organization, including but not limited to, the league of Ohio sportsmen, and that has been in continuous existence in this state for a period of three years.


(ZZ) “Community action agency” has the same meaning as in section 122.66 of the Revised Code.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2011 H 277, eff. 10-17-11; 2010 H 519, eff. 9-10-10; 2009 H 1, eff. 10-16-09; 2007 H 177, eff. 10-25-07; 2004 S 146, eff. 9-23-04; 2004 H 325, eff. 9-30-04; 2003 S 37, eff. 10-21-03; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03; 1996 H 143, § 3, eff. 7-1-96; 1996 H 143, § 1, eff. 5-15-96; 1995 S 2, eff. 7-1-96; 1992 S 98, eff. 11-12-92; 1990 H 573; 1981 S 91; 1977 H 72; 1976 S 398, H 1547; 1975 H 1; 1972 H 511)


[FN1] 26 U.S.C.A. § 1 et seq.


[FN2] 26 U.S.C.A. § 1 et seq.


[FN3] 26 U.S.C.A. § 1 et seq.


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.02


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

General Provisions

2915.02 Gambling; exceptions for charitable organizations


(A) No person shall do any of the following:


(1) Engage in bookmaking, or knowingly engage in conduct that facilitates bookmaking;


(2) Establish, promote, or operate or knowingly engage in conduct that facilitates any game of chance conducted for profit or any scheme of chance;


(3) Knowingly procure, transmit, exchange, or engage in conduct that facilitates the procurement, transmission, or exchange of information for use in establishing odds or determining winners in connection with bookmaking or with any game of chance conducted for profit or any scheme of chance;


(4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;


(5) With purpose to violate division (A)(1), (2), (3), or (4) of this section, acquire, possess, control, or operate any gambling device.


(B) For purposes of division (A)(1) of this section, a person facilitates bookmaking if the person in any way knowingly aids an illegal bookmaking operation, including, without limitation, placing a bet with a person engaged in or facilitating illegal bookmaking. For purposes of division (A)(2) of this section, a person facilitates a game of chance conducted for profit or a scheme of chance if the person in any way knowingly aids in the conduct or operation of any such game or scheme, including, without limitation, playing any such game or scheme.


(C) This section does not prohibit conduct in connection with gambling expressly permitted by law.


(D) This section does not apply to any of the following:


(1) Games of chance, if all of the following apply:


(a) The games of chance are not craps for money or roulette for money.


(b) The games of chance are conducted by a charitable organization that is, and has received from the internal revenue service a determination letter that is currently in effect, stating that the organization is, exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code.


(c) The games of chance are conducted at festivals of the charitable organization that are conducted not more than a total of five days a calendar year, and are conducted on premises owned by the charitable organization for a period of no less than one year immediately preceding the conducting of the games of chance, on premises leased from a governmental unit, or on premises that are leased from a veteran's or fraternal organization and that have been owned by the lessor veteran's or fraternal organization for a period of no less than one year immediately preceding the conducting of the games of chance.


A charitable organization shall not lease premises from a veteran's or fraternal organization to conduct a festival described in division (D)(1)(c) of this section if the veteran's or fraternal organization already has leased the premises twelve times during the preceding year to charitable organizations for that purpose. If a charitable organization leases premises from a veteran's or fraternal organization to conduct a festival described in division (D)(1)(c) of this section, the charitable organization shall not pay a rental rate for the premises per day of the festival that exceeds the rental rate per bingo session that a charitable organization may pay under division (B)(1) of section 2915.09 of the Revised Code when it leases premises from another charitable organization to conduct bingo games.


(d) All of the money or assets received from the games of chance after deduction only of prizes paid out during the conduct of the games of chance are used by, or given, donated, or otherwise transferred to, any organization that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code and is either a governmental unit or an organization that is tax exempt under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code;


(e) The games of chance are not conducted during, or within ten hours of, a bingo game conducted for amusement purposes only pursuant to section 2915.12 of the Revised Code.


No person shall receive any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, for operating or assisting in the operation of any game of chance.


(2) Any tag fishing tournament operated under a permit issued under section 1533.92 of the Revised Code, as “tag fishing tournament” is defined in section 1531.01 of the Revised Code;


(3) Bingo conducted by a charitable organization that holds a license issued under section 2915.08 of the Revised Code.


(E) Division (D) of this section shall not be construed to authorize the sale, lease, or other temporary or permanent transfer of the right to conduct games of chance, as granted by that division, by any charitable organization that is granted that right.


(F) Whoever violates this section is guilty of gambling, a misdemeanor of the first degree. If the offender previously has been convicted of any gambling offense, gambling is a felony of the fifth degree.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2010 H 519, eff. 9-10-10; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03; 1997 S 37, eff. 7-26-97; 1995 S 2, eff. 7-1-96; 1993 H 336, eff. 10-29-93; 1993 H 104; 1990 H 573, H 550; 1988 H 514; 1977 H 72; 1976 S 398, H 1547; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.03


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

General Provisions

2915.03 Operating a gambling house


(A) No person, being the owner or lessee, or having custody, control, or supervision of premises, shall:


(1) Use or occupy such premises for gambling in violation of section 2915.02 of the Revised Code;


(2) Recklessly permit such premises to be used or occupied for gambling in violation of section 2915.02 of the Revised Code.


(B) Whoever violates this section is guilty of operating a gambling house, a misdemeanor of the first degree. If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony of the fifth degree.


(C) Premises used or occupied in violation of this section constitute a nuisance subject to abatement pursuant to sections 3767.01 to 3767.99 of the Revised Code.



CREDIT(S)


(1995 S 2, eff. 7-1-96; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.04


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

General Provisions

2915.04 Public gaming


(A) No person, while at a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall make a bet or play any game of chance or scheme of chance.


(B) No person, being the owner or lessee, or having custody, control, or supervision, of a hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort shall recklessly permit those premises to be used or occupied in violation of division (A) of this section.


(C) Divisions (A) and (B) of this section do not prohibit conduct in connection with gambling expressly permitted by law.


(D) Whoever violates this section is guilty of public gaming. Except as otherwise provided in this division, public gaming is a minor misdemeanor. If the offender previously has been convicted of any gambling offense, public gaming is a misdemeanor of the fourth degree.


(E) Premises used or occupied in violation of division (B) of this section constitute a nuisance subject to abatement under Chapter 3767. of the Revised Code.



CREDIT(S)


(2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03; 1972 H 511, eff. 1-1-74)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.05


Effective: September 30, 2011


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

General Provisions

2915.05 Cheating


(A) No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall engage in conduct designed to corrupt the outcome of any of the following:


(1) The subject of a bet;


(2) A contest of knowledge, skill, or endurance that is not an athletic or sporting event;


(3) A scheme or game of chance;


(4) Bingo.


(B) No person shall knowingly do any of the following:


(1) Offer, give, solicit, or accept anything of value to corrupt the outcome of an athletic or sporting event;


(2) Engage in conduct designed to corrupt the outcome of an athletic or sporting event.


(C)(1) Whoever violates division (A) of this section is guilty of cheating. Except as otherwise provided in this division, cheating is a misdemeanor of the first degree. If the potential gain from the cheating is one thousand dollars or more or if the offender previously has been convicted of any gambling offense or of any theft offense, as defined in section 2913.01 of the Revised Code, cheating is a felony of the fifth degree.


(2) Whoever violates division (B) of this section is guilty of corrupting sports. Corrupting sports is a felony of the fifth degree on a first offense and a felony of the fourth degree on each subsequent offense.



CREDIT(S)


(2011 H 86, eff. 9-30-11; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03; 1995 S 2, eff. 7-1-96; 1982 H 269, § 4, eff. 1-5-83; 1982 S 199; 1972 H 511)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.06


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Skill-Based Amusement Machines

2915.06 Skill-based amusement machine prohibited conduct


(A) No person shall give to another person any item described in division (VV)(1), (2), (3), or (4) of section 2915.01 of the Revised Code in exchange for a noncash prize, toy, or novelty received as a reward for playing or operating a skill-based amusement machine or for a free or reduced-price game won on a skill-based amusement machine.


(B) Whoever violates division (A) of this section is guilty of skill-based amusement machine prohibited conduct. A violation of division (A) of this section is a misdemeanor of the first degree for each redemption of a prize that is involved in the violation. If the offender previously has been convicted of a violation of division (A) of this section, a violation of that division is a felony of the fifth degree for each redemption of a prize that is involved in the violation. The maximum fine authorized to be imposed for a felony of the fifth degree shall be imposed upon the offender.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2007 H 177, eff. 10-25-07)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.061


Effective: October 25, 2007


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Skill-Based Amusement Machines

2915.061 Choice of law


Any regulation of skill-based amusement machines shall be governed by this chapter and not by Chapter 1345. of the Revised Code.



CREDIT(S)


(2007 H 177, eff. 10-25-07)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.07


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.07 Conducting an illegal bingo game


(A) No person, except a charitable organization that has obtained a license pursuant to section 2915.08 of the Revised Code, shall conduct or advertise bingo. This division does not apply to a raffle that a charitable organization conducts or advertises.


(B) Whoever violates this section is guilty of conducting illegal bingo, a felony of the fourth degree.



CREDIT(S)


(2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03; 1995 S 2, eff. 7-1-96; 1976 S 398, eff. 5-26-76)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.08


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.08 License of charitable organization to conduct bingo or instant bingo games; temporary renewal; notice of issuance; amendment of license; rules


(A)(1) Annually before the first day of January, a charitable organization that desires to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session shall make out, upon a form to be furnished by the attorney general for that purpose, an application for a license to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session and deliver that application to the attorney general together with a license fee as follows:


(a) Except as otherwise provided in this division, for a license for the conduct of bingo, two hundred dollars;


(b) For a license for the conduct of instant bingo at a bingo session or instant bingo other than at a bingo session for a charitable organization that previously has not been licensed under this chapter to conduct instant bingo at a bingo session or instant bingo other than at a bingo session, a license fee of five hundred dollars, and for any other charitable organization, a license fee that is based upon the gross profits received by the charitable organization from the operation of instant bingo at a bingo session or instant bingo other than at a bingo session, during the one-year period ending on the thirty-first day of October of the year immediately preceding the year for which the license is sought, and that is one of the following:


(i) Five hundred dollars, if the total is fifty thousand dollars or less;


(ii) One thousand two hundred fifty dollars plus one-fourth per cent of the gross profit, if the total is more than fifty thousand dollars but less than two hundred fifty thousand one dollars;


(iii) Two thousand two hundred fifty dollars plus one-half per cent of the gross profit, if the total is more than two hundred fifty thousand dollars but less than five hundred thousand one dollars;


(iv) Three thousand five hundred dollars plus one per cent of the gross profit, if the total is more than five hundred thousand dollars but less than one million one dollars;


(v) Five thousand dollars plus one per cent of the gross profit, if the total is one million one dollars or more;


(c) A reduced license fee established by the attorney general pursuant to division (G) of this section.


(d) For a license to conduct bingo for a charitable organization that prior to July 1, 2003, has not been licensed under this chapter to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, a license fee established by rule by the attorney general in accordance with division (H) of this section.


(2) The application shall be in the form prescribed by the attorney general, shall be signed and sworn to by the applicant, and shall contain all of the following:


(a) The name and post-office address of the applicant;


(b) A statement that the applicant is a charitable organization and that it has been in continuous existence as a charitable organization in this state for two years immediately preceding the making of the application;


(c) The location at which the organization will conduct bingo, which location shall be within the county in which the principal place of business of the applicant is located, the days of the week and the times on each of those days when bingo will be conducted, whether the organization owns, leases, or subleases the premises, and a copy of the rental agreement if it leases or subleases the premises;


(d) A statement of the applicant's previous history, record, and association that is sufficient to establish that the applicant is a charitable organization, and a copy of a determination letter that is issued by the Internal Revenue Service and states that the organization is tax exempt under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code;


(e) A statement as to whether the applicant has ever had any previous application refused, whether it previously has had a license revoked or suspended, and the reason stated by the attorney general for the refusal, revocation, or suspension;


(f) A statement of the charitable purposes for which the net profit derived from bingo, other than instant bingo, will be used, and a statement of how the net profit derived from instant bingo will be distributed in accordance with section 2915.101 of the Revised Code;


(g) Other necessary and reasonable information that the attorney general may require by rule adopted pursuant to section 111.15 of the Revised Code;


(h) If the applicant is a charitable trust as defined in section 109.23 of the Revised Code, a statement as to whether it has registered with the attorney general pursuant to section 109.26 of the Revised Code or filed annual reports pursuant to section 109.31 of the Revised Code, and, if it is not required to do either, the exemption in section 109.26 or 109.31 of the Revised Code that applies to it;


(i) If the applicant is a charitable organization as defined in section 1716.01 of the Revised Code, a statement as to whether it has filed with the attorney general a registration statement pursuant to section 1716.02 of the Revised Code and a financial report pursuant to section 1716.04 of the Revised Code, and, if it is not required to do both, the exemption in section 1716.03 of the Revised Code that applies to it;


(j) In the case of an applicant seeking to qualify as a youth athletic park organization, a statement issued by a board or body vested with authority under Chapter 755. of the Revised Code for the supervision and maintenance of recreation facilities in the territory in which the organization is located, certifying that the playing fields owned by the organization were used for at least one hundred days during the year in which the statement is issued, and were open for use to all residents of that territory, regardless of race, color, creed, religion, sex, or national origin, for athletic activities by youth athletic organizations that do not discriminate on the basis of race, color, creed, religion, sex, or national origin, and that the fields were not used for any profit-making activity at any time during the year. That type of board or body is authorized to issue the statement upon request and shall issue the statement if it finds that the applicant's playing fields were so used.


(3) The attorney general, within thirty days after receiving a timely filed application from a charitable organization that has been issued a license under this section that has not expired and has not been revoked or suspended, shall send a temporary permit to the applicant specifying the date on which the application was filed with the attorney general and stating that, pursuant to section 119.06 of the Revised Code, the applicant may continue to conduct bingo until a new license is granted or, if the application is rejected, until fifteen days after notice of the rejection is mailed to the applicant. The temporary permit does not affect the validity of the applicant's application and does not grant any rights to the applicant except those rights specifically granted in section 119.06 of the Revised Code. The issuance of a temporary permit by the attorney general pursuant to this division does not prohibit the attorney general from rejecting the applicant's application because of acts that the applicant committed, or actions that the applicant failed to take, before or after the issuance of the temporary permit.


(4) Within thirty days after receiving an initial license application from a charitable organization to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, the attorney general shall conduct a preliminary review of the application and notify the applicant regarding any deficiencies. Once an application is deemed complete, or beginning on the thirtieth day after the application is filed, if the attorney general failed to notify the applicant of any deficiencies, the attorney general shall have an additional sixty days to conduct an investigation and either grant or deny the application based on findings established and communicated in accordance with divisions (B) and (E) of this section. As an option to granting or denying an initial license application, the attorney general may grant a temporary license and request additional time to conduct the investigation if the attorney general has cause to believe that additional time is necessary to complete the investigation and has notified the applicant in writing about the specific concerns raised during the investigation.


(B)(1) The attorney general shall adopt rules to enforce sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised Code to ensure that bingo or instant bingo is conducted in accordance with those sections and to maintain proper control over the conduct of bingo or instant bingo. The rules, except rules adopted pursuant to divisions (A)(2)(g) and (G) of this section, shall be adopted pursuant to Chapter 119. of the Revised Code. The attorney general shall license charitable organizations to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session in conformance with this chapter and with the licensing provisions of Chapter 119. of the Revised Code.


(2) The attorney general may refuse to grant a license to any organization, or revoke or suspend the license of any organization, that does any of the following or to which any of the following applies:


(a) Fails or has failed at any time to meet any requirement of section 109.26, 109.31, or 1716.02, or sections 2915.07 to 2915.11 of the Revised Code, or violates or has violated any provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised Code or any rule adopted by the attorney general pursuant to this section;


(b) Makes or has made an incorrect or false statement that is material to the granting of the license in an application filed pursuant to division (A) of this section;


(c) Submits or has submitted any incorrect or false information relating to an application if the information is material to the granting of the license;


(d) Maintains or has maintained any incorrect or false information that is material to the granting of the license in the records required to be kept pursuant to divisions (A) and (C) of section 2915.10 of the Revised Code, if applicable;


(e) The attorney general has good cause to believe that the organization will not conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session in accordance with sections 2915.07 to 2915.13 of the Revised Code or with any rule adopted by the attorney general pursuant to this section.


(3) For the purposes of division (B) of this section, any action of an officer, trustee, agent, representative, or bingo game operator of an organization is an action of the organization.


(C) The attorney general may grant licenses to charitable organizations that are branches, lodges, or chapters of national charitable organizations.


(D) The attorney general shall send notice in writing to the prosecuting attorney and sheriff of the county in which the organization will conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session, as stated in its application for a license or amended license, and to any other law enforcement agency in that county that so requests, of all of the following:


(1) The issuance of the license;


(2) The issuance of the amended license;


(3) The rejection of an application for and refusal to grant a license;


(4) The revocation of any license previously issued;


(5) The suspension of any license previously issued.


(E) A license issued by the attorney general shall set forth the information contained on the application of the charitable organization that the attorney general determines is relevant, including, but not limited to, the location at which the organization will conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session and the days of the week and the times on each of those days when bingo will be conducted. If the attorney general refuses to grant or revokes or suspends a license, the attorney general shall notify the applicant in writing and specifically identify the reason for the refusal, revocation, or suspension in narrative form and, if applicable, by identifying the section of the Revised Code violated. The failure of the attorney general to give the written notice of the reasons for the refusal, revocation, or suspension or a mistake in the written notice does not affect the validity of the attorney general's refusal to grant, or the revocation or suspension of, a license. If the attorney general fails to give the written notice or if there is a mistake in the written notice, the applicant may bring an action to compel the attorney general to comply with this division or to correct the mistake, but the attorney general's order refusing to grant, or revoking or suspending, a license shall not be enjoined during the pendency of the action.


(F) A charitable organization that has been issued a license pursuant to division (B) of this section but that cannot conduct bingo or instant bingo at the location, or on the day of the week or at the time, specified on the license due to circumstances that make it impractical to do so may apply in writing, together with an application fee of two hundred fifty dollars, to the attorney general, at least thirty days prior to a change in location, day of the week, or time, and request an amended license. The application shall describe the causes making it impractical for the organization to conduct bingo or instant bingo in conformity with its license and shall indicate the location, days of the week, and times on each of those days when it desires to conduct bingo or instant bingo. Except as otherwise provided in this division, the attorney general shall issue the amended license in accordance with division (E) of this section, and the organization shall surrender its original license to the attorney general. The attorney general may refuse to grant an amended license according to the terms of division (B) of this section.


(G) The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, shall establish a schedule of reduced license fees for charitable organizations that desire to conduct bingo or instant bingo during fewer than twenty-six weeks in any calendar year.


(H) The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, shall establish license fees for the conduct of bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session for charitable organizations that prior to July 1, 2003, have not been licensed to conduct bingo, instant bingo at a bingo session, or instant bingo other than at a bingo session under this chapter.


(I) The attorney general may enter into a written contract with any other state agency to delegate to that state agency the powers prescribed to the attorney general under Chapter 2915. of the Revised Code.


(J) The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, may adopt rules to determine the requirements for a charitable organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code to be in good standing in the state.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03; 2000 S 333, eff. 4-1-01; 1993 H 104, eff. 10-7-93; 1983 H 291; 1982 S 550; 1981 S 91; 1977 H 72; 1976 S 398, H 1547)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.081


Effective: September 10, 2010


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.081 Distributor license for bingo supplies


(A) No distributor shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies to another person, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, for use in this state without having obtained a license from the attorney general under this section.


(B) The attorney general may issue a distributor license to any person that meets the requirements of this section. The application for the license shall be on a form prescribed by the attorney general and be accompanied by the annual fee prescribed by this section. The license is valid for a period of one year, and the annual fee for the license is five thousand dollars.


(C) The attorney general may refuse to issue a distributor license to any person to which any of the following applies, or to any person that has an officer, partner, or other person who has an ownership interest of ten per cent or more and to whom any of the following applies:


(1) The person, officer, or partner has been convicted of a felony under the laws of this state, another state, or the United States.


(2) The person, officer, or partner has been convicted of any gambling offense.


(3) The person, officer, or partner has made an incorrect or false statement that is material to the granting of a license in an application submitted to the attorney general under this section or in a similar application submitted to a gambling licensing authority in another jurisdiction if the statement resulted in license revocation through administrative action in the other jurisdiction.


(4) The person, officer, or partner has submitted any incorrect or false information relating to the application to the attorney general under this section, if the information is material to the granting of the license.


(5) The person, officer, or partner has failed to correct any incorrect or false information that is material to the granting of the license in the records required to be maintained under division (E) of section 2915.10 of the Revised Code.


(6) The person, officer, or partner has had a license related to gambling revoked or suspended under the laws of this state, another state, or the United States.


(D) The attorney general shall not issue a distributor license to any person that is involved in the conduct of bingo on behalf of a charitable organization or that is a lessor of premises used for the conduct of bingo. This division does not prohibit a distributor from advising charitable organizations on the use and benefit of specific bingo supplies or prohibit a distributor from advising a customer on operational methods to improve bingo profitability.


(E)(1) No distributor shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies to any person, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, for use in this state except to or for the use of a charitable organization that has been issued a license under section 2915.08 of the Revised Code or to another distributor that has been issued a license under this section. No distributor shall accept payment for the sale or other provision of bingo supplies other than by check or electronic fund transfer.


(2) No distributor may donate, give, loan, lease, or otherwise provide any bingo supplies or equipment, or modify, convert, add to, or remove parts from bingo supplies to further their promotion or sale, to or for the use of a charitable organization for use in a bingo session conditioned on or in consideration for an exclusive right to provide bingo supplies to the charitable organization. A distributor may provide a licensed charitable organization with free samples of the distributor's products to be used as prizes or to be used for the purpose of sampling.


(3) No distributor shall purchase bingo supplies for use in this state from any person except from a manufacturer issued a license under section 2915.082 of the Revised Code or from another distributor issued a license under this section. Subject to division (D) of section 2915.082 of the Revised Code, no distributor shall pay for purchased bingo supplies other than by check or electronic fund transfer.


(4) No distributor shall participate in the conduct of bingo on behalf of a charitable organization or have any direct or indirect ownership interest in a premises used for the conduct of bingo.


(5) No distributor shall knowingly solicit, offer, pay, or receive any kickback, bribe, or undocumented rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for providing bingo supplies to any person in this state.


(F) The attorney general may suspend or revoke a distributor license for any of the reasons for which the attorney general may refuse to issue a distributor license specified in division (C) of this section or if the distributor holding the license violates any provision of this chapter or any rule adopted by the attorney general under this chapter.


(G) Whoever violates division (A) or (E) of this section is guilty of illegally operating as a distributor. Except as otherwise provided in this division, illegally operating as a distributor is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) or (E) of this section, illegally operating as a distributor is a felony of the fifth degree.



CREDIT(S)


(2010 H 519, eff. 9-10-10; 2004 H 325, eff. 9-30-04; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.082


Effective: September 10, 2010


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.082 Manufacturer license for bingo supplies


(A) No manufacturer shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies for use in this state without having obtained a license from the attorney general under this section.


(B) The attorney general may issue a manufacturer license to any person that meets the requirements of this section. The application for the license shall be on a form prescribed by the attorney general and be accompanied by the annual fee prescribed by this section. The license is valid for a period of one year, and the annual fee for the license is five thousand dollars.


(C) The attorney general may refuse to issue a manufacturer license to any person to which any of the following applies, or to any person that has an officer, partner, or other person who has an ownership interest of ten per cent or more and to whom any of the following applies:


(1) The person, officer, or partner has been convicted of a felony under the laws of this state, another state, or the United States.


(2) The person, officer, or partner has been convicted of any gambling offense.


(3) The person, officer, or partner has made an incorrect or false statement that is material to the granting of a license in an application submitted to the attorney general under this section or in a similar application submitted to a gambling licensing authority in another jurisdiction if the statement resulted in license revocation through administrative action in the other jurisdiction.


(4) The person, officer, or partner has submitted any incorrect or false information relating to the application to the attorney general under this section, if the information is material to the granting of the license.


(5) The person, officer, or partner has failed to correct any incorrect or false information that is material to the granting of the license in the records required to be maintained under division (F) of section 2915.10 of the Revised Code.


(6) The person, officer, or partner has had a license related to gambling revoked or suspended under the laws of this state, another state, or the United States.


(D)(1) No manufacturer shall sell, offer to sell, or otherwise provide or offer to provide bingo supplies to any person for use in this state except to a distributor that has been issued a license under section 2915.081 of the Revised Code. No manufacturer shall accept payment for the sale of bingo supplies other than by check or electronic fund transfer.


(2) No manufacturer shall knowingly solicit, offer, pay, or receive any kickback, bribe, or undocumented rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for providing bingo supplies to any person in this state.


(E)(1) The attorney general may suspend or revoke a manufacturer license for any of the reasons for which the attorney general may refuse to issue a manufacturer license specified in division (C) of this section or if the manufacturer holding the license violates any provision of this chapter or any rule adopted by the attorney general under this chapter.


(2) The attorney general may perform an onsite inspection of a manufacturer of bingo supplies that is selling, offering to sell, or otherwise providing or offering to provide bingo supplies or that is applying for a license to sell, offer to sell, or otherwise provide or offer to provide bingo supplies in this state.


(F) Whoever violates division (A) or (D) of this section is guilty of illegally operating as a manufacturer. Except as otherwise provided in this division, illegally operating as a manufacturer is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) or (D) of this section, illegally operating as a manufacturer is a felony of the fifth degree.



CREDIT(S)


(2010 H 519, eff. 9-10-10; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.09


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.09 Methods of conducting a licensed bingo game; prohibitions


(A) No charitable organization that conducts bingo shall fail to do any of the following:


(1) Own all of the equipment used to conduct bingo or lease that equipment from a charitable organization that is licensed to conduct bingo, or from the landlord of a premises where bingo is conducted, for a rental rate that is not more than is customary and reasonable for that equipment;


(2) Except as otherwise provided in division (A)(3) of this section, use all of the gross receipts from bingo for paying prizes, for reimbursement of expenses for or for renting premises in which to conduct a bingo session, for reimbursement of expenses for or for purchasing or leasing bingo supplies used in conducting bingo, for reimbursement of expenses for or for hiring security personnel, for reimbursement of expenses for or for advertising bingo, or for reimbursement of other expenses or for other expenses listed in division (GG) of section 2915.01 of the Revised Code, provided that the amount of the receipts so spent is not more than is customary and reasonable for a similar purchase, lease, hiring, advertising, or expense. If the building in which bingo is conducted is owned by the charitable organization conducting bingo and the bingo conducted includes a form of bingo described in division (O)(1) of section 2915.01 of the Revised Code, the charitable organization may deduct from the total amount of the gross receipts from each session a sum equal to the lesser of six hundred dollars or forty-five per cent of the gross receipts from the bingo described in that division as consideration for the use of the premises.


(3) Use, or give, donate, or otherwise transfer, all of the net profit derived from bingo, other than instant bingo, for a charitable purpose listed in its license application and described in division (V) of section 2915.01 of the Revised Code, or distribute all of the net profit from the proceeds of the sale of instant bingo as stated in its license application and in accordance with section 2915.101 of the Revised Code.


(B) No charitable organization that conducts a bingo game described in division (O)(1) of section 2915.01 of the Revised Code shall fail to do any of the following:


(1) Conduct the bingo game on premises that are owned by the charitable organization, on premises that are owned by another charitable organization and leased from that charitable organization for a rental rate not in excess of the lesser of six hundred dollars per bingo session or forty-five per cent of the gross receipts of the bingo session, on premises that are leased from a person other than a charitable organization for a rental rate that is not more than is customary and reasonable for premises that are similar in location, size, and quality but not in excess of four hundred fifty dollars per bingo session, or on premises that are owned by a person other than a charitable organization, that are leased from that person by another charitable organization, and that are subleased from that other charitable organization by the charitable organization for a rental rate not in excess of four hundred fifty dollars per bingo session. No charitable organization is required to pay property taxes or assessments on premises that the charitable organization leases from another person to conduct bingo sessions. If the charitable organization leases from a person other than a charitable organization the premises on which it conducts bingo sessions, the lessor of the premises shall provide the premises to the organization and shall not provide the organization with bingo game operators, security personnel, concessions or concession operators, bingo supplies, or any other type of service. A charitable organization shall not lease or sublease premises that it owns or leases to more than three other charitable organizations per calendar week for conducting bingo sessions on the premises. A person that is not a charitable organization shall not lease premises that it owns, leases, or otherwise is empowered to lease to more than three charitable organizations per calendar week for conducting bingo sessions on the premises. In no case shall more than nine bingo sessions be conducted on any premises in any calendar week.


(2) Display its license conspicuously at the premises where the bingo session is conducted;


(3) Conduct the bingo session in accordance with the definition of bingo set forth in division (O)(1) of section 2915.01 of the Revised Code.


(C) No charitable organization that conducts a bingo game described in division (O)(1) of section 2915.01 of the Revised Code shall do any of the following:


(1) Pay any compensation to a bingo game operator for operating a bingo session that is conducted by the charitable organization or for preparing, selling, or serving food or beverages at the site of the bingo session, permit any auxiliary unit or society of the charitable organization to pay compensation to any bingo game operator who prepares, sells, or serves food or beverages at a bingo session conducted by the charitable organization, or permit any auxiliary unit or society of the charitable organization to prepare, sell, or serve food or beverages at a bingo session conducted by the charitable organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell, or serve the food or beverages;


(2) Pay consulting fees to any person for any services performed in relation to the bingo session;


(3) Pay concession fees to any person who provides refreshments to the participants in the bingo session;


(4) Except as otherwise provided in division (C)(4) of this section, conduct more than three bingo sessions in any seven-day period. A volunteer firefighter's organization or a volunteer rescue service organization that conducts not more than five bingo sessions in a calendar year may conduct more than three bingo sessions in a seven-day period after notifying the attorney general when it will conduct the sessions.


(5) Pay out more than six thousand dollars in prizes for bingo games described in division (O)(1) of section 2915.01 of the Revised Code during any bingo session that is conducted by the charitable organization. “Prizes” does not include awards from the conduct of instant bingo.


(6) Conduct a bingo session at any time during the eight-hour period between two a.m. and ten a.m., at any time during, or within ten hours of, a bingo game conducted for amusement only pursuant to section 2915.12 of the Revised Code, at any premises not specified on its license, or on any day of the week or during any time period not specified on its license. Division (A)(6) of this section does not prohibit the sale of instant bingo tickets beginning at nine a.m. for a bingo session that begins at ten a.m. If circumstances make it impractical for the charitable organization to conduct a bingo session at the premises, or on the day of the week or at the time, specified on its license, or if a charitable organization wants to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license, the charitable organization may apply in writing to the attorney general for an amended license pursuant to division (F) of section 2915.08 of the Revised Code. A charitable organization may apply twice in each calendar year for an amended license to conduct bingo sessions on a day of the week or at a time other than the day or time specified on its license. If the amended license is granted, the organization may conduct bingo sessions at the premises, on the day of the week, and at the time specified on its amended license.


(7) Permit any person whom the charitable organization knows, or should have known, is under the age of eighteen to work as a bingo game operator;


(8) Permit any person whom the charitable organization knows, or should have known, has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator;


(9) Permit the lessor of the premises on which the bingo session is conducted, if the lessor is not a charitable organization, to provide the charitable organization with bingo game operators, security personnel, concessions, bingo supplies, or any other type of service;


(10) Purchase or lease bingo supplies from any person except a distributor issued a license under section 2915.081 of the Revised Code;


(11)(a) Use or permit the use of electronic bingo aids except under the following circumstances:


(i) For any single participant, not more than ninety bingo faces can be played using an electronic bingo aid or aids.


(ii) The charitable organization shall provide a participant using an electronic bingo aid with corresponding paper bingo cards or sheets.


(iii) The total price of bingo faces played with an electronic bingo aid shall be equal to the total price of the same number of bingo faces played with a paper bingo card or sheet sold at the same bingo session but without an electronic bingo aid.


(iv) An electronic bingo aid cannot be part of an electronic network other than a network that includes only bingo aids and devices that are located on the premises at which the bingo is being conducted or be interactive with any device not located on the premises at which the bingo is being conducted.


(v) An electronic bingo aid cannot be used to participate in bingo that is conducted at a location other than the location at which the bingo session is conducted and at which the electronic bingo aid is used.


(vi) An electronic bingo aid cannot be used to provide for the input of numbers and letters announced by a bingo caller other than the bingo caller who physically calls the numbers and letters at the location at which the bingo session is conducted and at which the electronic bingo aid is used.


(b) The attorney general may adopt rules in accordance with Chapter 119. of the Revised Code that govern the use of electronic bingo aids. The rules may include a requirement that an electronic bingo aid be capable of being audited by the attorney general to verify the number of bingo cards or sheets played during each bingo session.


(12) Permit any person the charitable organization knows, or should have known, to be under eighteen years of age to play bingo described in division (O)(1) of section 2915.01 of the Revised Code.


(D)(1) Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator, and no bingo game operator shall receive or accept, any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting bingo or providing other work or labor at the site of bingo during a bingo session.


(2) Except as otherwise provided in division (D)(3) of this section, no charitable organization shall provide to a bingo game operator any commission, wage, salary, reward, tip, donation, gratuity, or other form of compensation, directly or indirectly, regardless of the source, for conducting instant bingo other than at a bingo session at the site of instant bingo other than at a bingo session.


(3) Nothing in division (D) of this section prohibits an employee of a fraternal organization, veteran's organization, or sporting organization from selling instant bingo tickets or cards to the organization's members or invited guests, as long as no portion of the employee's compensation is paid from any receipts of bingo.


(E) Notwithstanding division (B)(1) of this section, a charitable organization that, prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to another charitable organization or other charitable organizations for the conducting of bingo sessions so that more than two bingo sessions are conducted per calendar week on the premises, and a person that is not a charitable organization and that, prior to December 6, 1977, has entered into written agreements for the lease of premises it owns to charitable organizations for the conducting of more than two bingo sessions per calendar week on the premises, may continue to lease the premises to those charitable organizations, provided that no more than four sessions are conducted per calendar week, that the lessor organization or person has notified the attorney general in writing of the organizations that will conduct the sessions and the days of the week and the times of the day on which the sessions will be conducted, that the initial lease entered into with each organization that will conduct the sessions was filed with the attorney general prior to December 6, 1977, and that each organization that will conduct the sessions was issued a license to conduct bingo games by the attorney general prior to December 6, 1977.


(F) This section does not prohibit a bingo licensed charitable organization or a game operator from giving any person an instant bingo ticket as a prize.


(G) Whoever violates division (A)(2) of this section is guilty of illegally conducting a bingo game, a felony of the fourth degree. Except as otherwise provided in this division, whoever violates division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) to (12), or (D) of this section is guilty of a minor misdemeanor. If the offender previously has been convicted of a violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1) to (11), or (D) of this section, a violation of division (A)(1) or (3), (B)(1), (2), or (3), (C), or (D) of this section is a misdemeanor of the first degree. Whoever violates division (C)(12) of this section is guilty of a misdemeanor of the first degree, if the offender previously has been convicted of a violation of division (C)(12) of this section, a felony of the fourth degree.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2010 H 519, eff. 9-10-10; 2004 H 325, eff. 9-30-04; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03; 1995 S 2, eff. 7-1-96; 1995 S 70, eff. 3-5-96; 1993 H 104, eff. 10-7-93; 1990 H 573; 1981 S 91; 1977 H 72; 1976 S 398, H 1547)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.091


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.091 Illegal instant bingo conduct


(A) No charitable organization that conducts instant bingo shall do any of the following:


(1) Fail to comply with the requirements of divisions (A)(1), (2), and (3) of section 2915.09 of the Revised Code;


(2) Conduct instant bingo unless either of the following applies:


(a) That organization is, and has received from the internal revenue service a determination letter that is currently in effect stating that the organization is, exempt from federal income taxation under subsection 501(a), is described in subsection 501(c)(3) [FN1] of the Internal Revenue Code, is a charitable organization as defined in section 2915.01 of the Revised Code, is in good standing in the state pursuant to section 2915.08 of the Revised Code, and is in compliance with Chapter 1716. of the Revised Code;


(b) That organization is, and has received from the internal revenue service a determination letter that is currently in effect stating that the organization is, exempt from federal income taxation under subsection 501(a), is described in subsection 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's organization described in subsection 501(c)(4) of the Internal Revenue Code, and conducts instant bingo under section 2915.13 of the Revised Code.


(3) Conduct instant bingo on any day, at any time, or at any premises not specified on the organization's license issued pursuant to section 2915.08 of the Revised Code;


(4) Permit any person whom the organization knows or should have known has been convicted of a felony or gambling offense in any jurisdiction to be a bingo game operator in the conduct of instant bingo;


(5) Purchase or lease supplies used to conduct instant bingo or punch board games from any person except a distributor licensed under section 2915.081 of the Revised Code;


(6) Sell or provide any instant bingo ticket or card for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare;


(7) Sell an instant bingo ticket or card to a person under eighteen years of age;


(8) Fail to keep unsold instant bingo tickets or cards for less than three years;


(9) Pay any compensation to a bingo game operator for conducting instant bingo that is conducted by the organization or for preparing, selling, or serving food or beverages at the site of the instant bingo game, permit any auxiliary unit or society of the organization to pay compensation to any bingo game operator who prepares, sells, or serves food or beverages at an instant bingo game conducted by the organization, or permit any auxiliary unit or society of the organization to prepare, sell, or serve food or beverages at an instant bingo game conducted by the organization, if the auxiliary unit or society pays any compensation to the bingo game operators who prepare, sell, or serve the food or beverages;


(10) Pay fees to any person for any services performed in relation to an instant bingo game, except as provided in division (D) of section 2915.093 of the Revised Code;


(11) Pay fees to any person who provides refreshments to the participants in an instant bingo game;


(12)(a) Allow instant bingo tickets or cards to be sold to bingo game operators at a premises at which the organization sells instant bingo tickets or cards or to be sold to employees of a D permit holder who are working at a premises at which instant bingo tickets or cards are sold;


(b) Division (A)(12)(a) of this section does not prohibit a licensed charitable organization or a bingo game operator from giving any person an instant bingo ticket as a prize in place of a cash prize won by a participant in an instant bingo game. In no case shall an instant bingo ticket or card be sold or provided for a price different from the price printed on it by the manufacturer on either the instant bingo ticket or card or on the game flare.


(13) Fail to display its bingo license, and the serial numbers of the deal of instant bingo tickets or cards to be sold, conspicuously at each premises at which it sells instant bingo tickets or cards;


(14) Possess a deal of instant bingo tickets or cards that was not purchased from a distributor licensed under section 2915.081 of the Revised Code as reflected on an invoice issued by the distributor that contains all of the information required by division (E) of section 2915.10 of the Revised Code;


(15) Fail, once it opens a deal of instant bingo tickets or cards, to continue to sell the tickets or cards in that deal until the tickets or cards with the top two highest tiers of prizes in that deal are sold;


(16) Possess bingo supplies that were not obtained in accordance with sections 2915.01 to 2915.13 of the Revised Code.


(B) A charitable organization may purchase, lease, or use instant bingo ticket dispensers to sell instant bingo tickets or cards.


(C) The attorney general may adopt rules in accordance with Chapter 119. of the Revised Code that govern the conduct of instant bingo by charitable organizations. Before those rules are adopted, the attorney general shall reference the recommended standards for opacity, randomization, minimum information, winner protection, color, and cutting for instant bingo tickets or cards, seal cards, and punch boards established by the North American gaming regulators association.


(D) Whoever violates division (A) of this section or a rule adopted under division (C) of this section is guilty of illegal instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (A) of this section or of such a rule, illegal instant bingo conduct is a felony of the fifth degree.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2010 H 519, eff. 9-10-10; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03)


[FN1] 26 U.S.C.A. § 1 et seq.


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.092


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.092 Raffle drawings


(A)(1) Subject to division (A)(2) of this section, a charitable organization, a public school, a chartered nonpublic school, a community school, or a veteran's organization, fraternal organization, or sporting organization that is exempt from federal income taxation under subsection 501(a) and is described in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code [FN1] may conduct a raffle to raise money for the organization or school and does not need a license to conduct bingo in order to conduct a raffle drawing that is not for profit.


(2) If a charitable organization that is described in division (A)(1) of this section, but that is not also described in subsection 501(c)(3) of the Internal Revenue Code, conducts a raffle, the charitable organization shall distribute at least fifty per cent of the net profit from the raffle to a charitable purpose described in division (V) of section 2915.01 of the Revised Code or to a department or agency of the federal government, the state, or any political subdivision.


(B) Except as provided in division (A) or (B) of this section, no person shall conduct a raffle drawing that is for profit or a raffle drawing that is not for profit.


(C) Whoever violates division (B) of this section is guilty of illegal conduct of a raffle. Except as otherwise provided in this division, illegal conduct of a raffle is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (B) of this section, illegal conduct of a raffle is a felony of the fifth degree.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2004 H 325, eff. 9-30-04; 2004 S 146, eff. 9-23-04; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03)


[FN1] 26 U.S.C.A. § 1 et seq.


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.093


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.093 Instant bingo other than at bingo session


(A) As used in this section, “retail income from all commercial activity” means the income that a person receives from the provision of goods, services, or activities that are provided at the location where instant bingo other than at a bingo session is conducted, including the sale of instant bingo tickets. A religious organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, at not more than one location at which it conducts its charitable programs, may include donations from its members and guests as retail income.


(B)(1) If a charitable instant bingo organization conducts instant bingo other than at a bingo session, the charitable instant bingo organization shall enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted to allow the owner or lessor to assist in the conduct of instant bingo other than at a bingo session, identify each location where the instant bingo other than at a bingo session is being conducted, and identify the owner or lessor of each location.


(2) A charitable instant bingo organization that conducts instant bingo other than at a bingo session is not required to enter into a written contract with the owner or lessor of the location at which the instant bingo is conducted, provided that the owner or lessor is not assisting in the conduct of the instant bingo other than at a bingo session and provided that the conduct of the instant bingo other than at a bingo session at that location is not more than five days per calendar year and not more than ten hours per day.


(C) Except as provided in division (F) of this section, no charitable instant bingo organization shall conduct instant bingo other than at a bingo session at a location where the primary source of retail income from all commercial activity at that location is the sale of instant bingo tickets.


(D) The owner or lessor of a location that enters into a contract pursuant to division (B) of this section shall pay the full gross profit to the charitable instant bingo organization, in return for the deal of instant bingo tickets. The owner or lessor may retain the money that the owner or lessor receives for selling the instant bingo tickets, provided, however, that after the deal has been sold, the owner or lessor shall pay to the charitable instant bingo organization the value of any unredeemed instant bingo prizes remaining in the deal of instant bingo tickets.


The charitable instant bingo organization shall pay six per cent of the total gross receipts of any deal of instant bingo tickets for the purpose of reimbursing the owner or lessor for expenses described in this division.


As used in this division, “expenses” means those items provided for in divisions (GG)(4), (5), (6), (7), (8), (12), and (13) of section 2915.01 of the Revised Code and that percentage of the owner's or lessor's rent for the location where instant bingo is conducted. “Expenses,” in the aggregate, shall not exceed six per cent of the total gross receipts of any deal of instant bingo tickets.


As used in this division, “full gross profit” means the amount by which the total receipts of all instant bingo tickets, if the deal had been sold in full, exceeds the amount that would be paid out if all prizes were redeemed.


(E) A charitable instant bingo organization shall provide the attorney general with all of the following information:


(1) That the charitable instant bingo organization has terminated a contract entered into pursuant to division (B) of this section with an owner or lessor of a location;


(2) That the charitable instant bingo organization has entered into a written contract pursuant to division (B) of this section with a new owner or lessor of a location;


(3) That the charitable instant bingo organization is aware of conduct by the owner or lessor of a location at which instant bingo is conducted that is in violation of this chapter.


(F) Division (C) of this section does not apply to a volunteer firefighter's organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code, that conducts instant bingo other than at a bingo session on the premises where the organization conducts firefighter training, that has conducted instant bingo continuously for at least five years prior to July 1, 2003, and that, during each of those five years, had gross receipts of at least one million five hundred thousand dollars.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2004 H 325, eff. 9-30-04; 2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.094


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.094 Restrictions on owner or lessor of location of instant bingo


(A) No owner or lessor of a location shall assist a charitable instant bingo organization in the conduct of instant bingo other than at a bingo session at that location unless the owner or lessor has entered into a written contract, as described in section 2915.093 of the Revised Code, with the charitable instant bingo organization to assist in the conduct of instant bingo other than at a bingo session.


(B) The location of the lessor or owner shall be designated as a location where the charitable instant bingo organization conducts instant bingo other than at a bingo session.


(C) No owner or lessor of a location that enters into a written contract as prescribed in division (A) of this section shall violate any provision of Chapter 2915. of the Revised Code, or permit, aid, or abet any other person in violating any provision of Chapter 2915. of the Revised Code.


(D) No owner or lessor of a location that enters into a written contract as prescribed in division (A) of this section shall violate the terms of the contract.


(E)(1) Whoever violates division (C) or (D) of this section is guilty of illegal instant bingo conduct. Except as otherwise provided in this division, illegal instant bingo conduct is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (C) or (D) of this section, illegal instant bingo conduct is a felony of the fifth degree.


(2) If an owner or lessor of a location knowingly, intentionally, or recklessly violates division (C) or (D) of this section, any license that the owner or lessor holds for the retail sale of any goods on the owner's or lessor's premises that is issued by the state or a political subdivision is subject to suspension, revocation, or payment of a monetary penalty at the request of the attorney general.



CREDIT(S)


(2012 H 386, eff. 6-11-12; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.095


Effective:[See Text Amendments]


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.095 Attorney general to establish standard instant bingo contract


The attorney general, by rule adopted pursuant to section 111.15 of the Revised Code, shall establish a standard contract to be used by a charitable instant bingo organization, a veteran's organization,, a fraternal organization, or a sporting organization for the conduct of instant bingo other than at a bingo session. The terms of the contract shall be limited to the provisions in Chapter 2915. of the Revised Code.



CREDIT(S)


(2003 H 95, eff. 7-1-03; 2003 H 87, § 24, eff. 7-1-03; 2002 H 512, eff. 7-1-03)


Current through 2013 File 11 of the 130th GA (2013-2014).



R.C. § 2915.10


Effective: June 11, 2012


Baldwin's Ohio Revised Code Annotated Currentness

Title XXIX. Crimes--Procedure (Refs & Annos)

Chapter 2915. Gambling (Refs & Annos)

Charitable Bingo

2915.10 Records to be maintained; enforcement; prohibitions


(A) No charitable organization that conducts bingo or a game of chance pursuant to division (D) of section 2915.02 of the Revised Code shall fail to maintain the following records for at least three years from the date on which the bingo or game of chance is conducted:


(1) An itemized list of the gross receipts of each bingo session, each game of instant bingo by serial number, each raffle, each punch board game, and each game of chance, and an itemized list of the gross profits of each game of instant bingo by serial number;


(2) An itemized list of all expenses, other than prizes, that are incurred in conducting bingo or instant bingo, the name of each person to whom the expenses are paid, and a receipt for all of the expenses;


(3) A list of all prizes awarded during each bingo session, each raffle, each punch board game, and each game of chance conducted by the charitable organization, the total prizes awarded from each game of instant bingo by serial number, and the name, address, and social security number of all persons who are winners of prizes of six hundred dollars or more in value;


(4) An itemized list of the recipients of the net profit of the bingo or game of chance, including the name and address of each recipient to whom the money is distributed, and if the organization uses the net profit of bingo, or the money or assets received from a game of chance, for any charitable or other purpose set forth in division (V) of section 2915.01, division (D) of section 2915.02, or section 2915.101 of the Revised Code, a list of each purpose and an itemized list of each expenditure for each purpose;


(5) The number of persons who participate in any bingo session or game of chance that is conducted by the charitable organization;


(6) A list of receipts from the sale of food and beverages by the charitable organization or one of its auxiliary units or societies, if the receipts were excluded from gross receipts under division (T) of section 2915.01 of the Revised Code;


(7) An itemized list of all expenses incurred at each bingo session, each raffle, each punch board game, or each game of instant bingo conducted by the charitable organization in the sale of food and beverages by the charitable organization or by an auxiliary unit or society of the charitable organization, the name of each person to whom the expenses are paid, and a receipt for all of the expenses.


(B) A charitable organization shall keep the records that it is required to maintain pursuant to division (A) of this section at its principal place of business in this state or at its headquarters in this state and shall notify the attorney general of the location at which those records are kept.


(C) The gross profit from each bingo session or game described in division (O)(1) or (2) of section 2915.01 of the Revised Code shall be deposited into a checking account devoted exclusively to the bingo session or game. Payments for allowable expenses incurred in conducting the bingo session or game and payments to recipients of some or all of the net profit of the bingo session or game shall be made only by checks or electronic fund transfers drawn on the bingo session or game account.


(D) Each charitable organization shall conduct and record an inventory of all of its bingo supplies as of the first day of November of each year.


(E) The attorney general may adopt rules in accordance with Chapter 119. of the Revised Code that establish standards of accounting, record keeping, and reporting to ensure that gross receipts from bingo or games of chance are properly accounted for.


(F) A distributor shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing to another person bingo supplies for use in this state. The record shall include all of the following for each instance:


(1) The name of the manufacturer from which the distributor purchased the bingo supplies and the date of the purchase;


(2) The name and address of the charitable organization or other distributor to which the bingo supplies were sold or otherwise provided;


(3) A description that clearly identifies the bingo supplies;


(4) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each charitable organization.


(G) A manufacturer shall maintain, for a period of three years after the date of its sale or other provision, a record of each instance of its selling or otherwise providing bingo supplies for use in this state. The record shall include all of the following for each instance:


(1) The name and address of the distributor to whom the bingo supplies were sold or otherwise provided;


(2) A description that clearly identifies the bingo supplies, including serial numbers;


(3) Invoices that include the nonrepeating serial numbers of all paper bingo cards and sheets and all instant bingo deals sold or otherwise provided to each distributor.


(H) The attorney general or any law enforcement agency may do all of the following:


(1) Investigate any charitable organization or any officer, agent, trustee, member, or employee of the organization;


(2) Examine the accounts and records of the organization;


(3) Conduct inspections, audits, and observations of bingo or games of chance;


(4) Conduct inspections of the premises where bingo or games of chance are conducted;


(5)