Sub. S. B. No. 22 As Reported by the Senate Judiciary--Criminal Justice Committee

As Reported by the Senate Judiciary--Criminal Justice Committee

128th General Assembly

Regular Session

2009-2010

Sub. S. B. No. 22

Senator Seitz

A BILL

To amend sections 109.42, 307.93, 309.18, 926.99,

1333.99, 1707.99, 1716.99, 2743.191, 2909.03,

2909.05, 2909.11, 2913.02, 2913.03, 2913.04,

2913.11, 2913.21, 2913.31, 2913.32, 2913.34,

2913.40, 2913.401, 2913.42, 2913.421, 2913.43,

2913.45, 2913.46, 2913.47, 2913.48, 2913.49,

2913.51, 2913.61, 2915.05, 2917.21, 2917.31,

2917.32, 2919.21, 2921.13, 2921.34, 2921.41,

2923.31, 2925.01, 2925.03, 2925.05, 2925.11,

2929.01, 2929.13, 2929.14, 2929.20, 2929.26,

2929.34, 2930.16, 2930.17, 2950.99, 2951.041,

2967.05, 2967.14, 2967.193, 2967.28, 2981.07,

4507.51, 5120.07, 5120.10, 5120.111, 5120.59,

5120.60, 5120.66, 5149.01, 5149.10, 5149.33, and

5149.34 and to enact sections 307.932, 2967.19,

5120.035, and 5120.113 of the Revised Code to

increase from $500 to $1,000 the threshold

amount for determining increased penalties for

theft-related offenses and for certain elements

of "vandalism" and "engaging in a pattern of

corrupt activity"; to increase by 50% the other

threshold amounts for determining increased

penalties for those offenses; to provide that if

"nonsupport of dependents" is based on an

abandonment of or failure to support a child or

a person to whom a court order requires support

and is a felony the sentencing court generally

must first consider placing the offender on one

or more community control sanctions; to

eliminate the difference in criminal penalties

for crack cocaine and powder cocaine; to revise

some of the penalties for trafficking in

marihuana or hashish and for possession of

marihuana, cocaine, or hashish; to revise

procedures for notification of victims when

violent offenders escape from the Department of

Rehabilitation and Correction; to remove the

authority of the victim-related member of the

Parole Board to approve the hiring of employees

of the Office of Victims' Services; to modify the

number of Parole Board members required to

conduct a full Board hearing; to limit a member

of the Parole Board who is not the Chairperson or

a victim representative to two six-year terms;

to revise the eligibility criteria for, and

procedures governing, intervention in lieu of

conviction; to revise the eligibility criteria

for judicial release; to remove from the offense

of "escape" certain conduct by a person under

supervised release by the Department and specify

the method of sanctioning a person under

Department supervision who engages in that type

of conduct; to revise the procedure for prisoners

in state correctional institutions to earn days

of credit for productive participation in

specified prison programs; to require GPS

monitoring of a prisoner placed on post-release

control who was released early from prison due

to earning 60 or more days of credit; to enact a

new mechanism for the possible release with

sentencing court approval of Department inmates

who have served at least 85% of their prison

term; to expand the membership of a county's

local corrections planning board; to make changes

regarding halfway houses and community

residential centers and authorize reentry

centers; to provide for the placement in a skilled

nursing facility of an inmate who is in imminent

danger of death, medically incapacitated, or

terminally ill for care; to provide for the

establishment and operation of community

alternative sentencing centers for misdemeanants

sentenced directly to the centers under a

community residential sanction or an OVI term of

confinement not exceeding 30 days; to change the

membership of the Ex-offender Reentry Coalition by

reducing the number and functions of members from

the Governor's office and adding the Director of

Veterans Services; to remove judges from the

membership of a corrections commission and instead

have them form an advisory board; to require the

Department to develop a reentry plan for each

inmate committed to the Department who was not

sentenced to a term of life without parole or a

sentence of death and who is expected to be

imprisoned for more than 30 days; to revise the

procedures governing the Department's issuance of

an inmate identification card upon an inmate's

release and the use of such a card to obtain a

state identification card; to authorize, instead

of require, the Department to discontinue subsidy

payment to a political subdivision that reduces

local funding for corrections by the amount of a

community-based corrections subsidy or that uses

a subsidy for capital improvements; and to

require the Department, together with the

Department of Alcohol and Drug Addiction

Services, to develop an implementation plan

related to funding through the federal Second

Chance Act related to community reentry of

100

offenders.

101

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.42, 307.93, 309.18, 926.99,	102
1333.99, 1707.99, 1716.99, 2743.191, 2909.03, 2909.05, 2909.11,	103
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32,	104
2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45,	105
2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05,	106
2917.21, 2917.31, 2917.32, 2919.21, 2921.13, 2921.34, 2921.41,	107
2923.31, 2925.01, 2925.03, 2925.05, 2925.11, 2929.01, 2929.13,	108
2929.14, 2929.20, 2929.26, 2929.34, 2930.16, 2930.17, 2950.99,	109
2951.041, 2967.05, 2967.14, 2967.193, 2967.28, 2981.07, 4507.51,	110
5120.07, 5120.10, 5120.111, 5120.59, 5120.60, 5120.66, 5149.01,	111
5149.10, 5149.33, and 5149.34 be amended and sections 307.932,	112
2967.19, 5120.035, and 5120.113 of the Revised Code be enacted to	113
read as follows:	114

Sec. 109.42. (A) The attorney general shall prepare and have	115
printed a pamphlet that contains a compilation of all statutes	116
relative to victim's rights in which the attorney general lists	117
and explains the statutes in the form of a victim's bill of	118
rights. The attorney general shall distribute the pamphlet to	119
all sheriffs, marshals, municipal corporation and township police	120
departments, constables, and other law enforcement agencies, to	121
all prosecuting attorneys, city directors of law, village	122
solicitors, and other similar chief legal officers of municipal	123
corporations, and to organizations that represent or provide	124
services for victims of crime. The victim's bill of rights set	125
forth in the pamphlet shall contain a description of all of the	126
rights of victims that are provided for in Chapter 2930. or in any	127
other section of the Revised Code and shall include, but not be	128
limited to, all of the following:	129

(1) The right of a victim or a victim's representative to	130
attend a proceeding before a grand jury, in a juvenile case, or in	131
a criminal case pursuant to a subpoena without being discharged	132
from the victim's or representative's employment, having the	133
victim's or representative's employment terminated, having the	134
victim's or representative's pay decreased or withheld, or	135
otherwise being punished, penalized, or threatened as a result of	136
time lost from regular employment because of the victim's or	137
representative's attendance at the proceeding pursuant to the	138
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	139
2945.451 of the Revised Code;	140

(2) The potential availability pursuant to section 2151.359	141
or 2152.61 of the Revised Code of a forfeited recognizance to pay	142
damages caused by a child when the delinquency of the child or	143
child's violation of probation or community control is found to be	144
proximately caused by the failure of the child's parent or	145
guardian to subject the child to reasonable parental authority or	146
to faithfully discharge the conditions of probation or community	147
control;	148

(3) The availability of awards of reparations pursuant to	149
sections 2743.51 to 2743.72 of the Revised Code for injuries	150
caused by criminal offenses;	151

(4) The right of the victim in certain criminal or juvenile	152
cases or a victim's representative to receive, pursuant to section	153
2930.06 of the Revised Code, notice of the date, time, and place	154
of the trial or delinquency proceeding in the case or, if there	155
will not be a trial or delinquency proceeding, information from	156
the prosecutor, as defined in section 2930.01 of the Revised Code,	157
regarding the disposition of the case;	158

(5) The right of the victim in certain criminal or juvenile	159
cases or a victim's representative to receive, pursuant to section	160
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	161
name of the person charged with the violation, the case or docket	162
number assigned to the charge, and a telephone number or numbers	163
that can be called to obtain information about the disposition of	164
the case;	165

(6) The right of the victim in certain criminal or juvenile	166
cases or of the victim's representative pursuant to section	167
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	168
terms set by the court as authorized under section 2930.14 of the	169
Revised Code, to make a statement about the victimization and, if	170
applicable, a statement relative to the sentencing or disposition	171
of the offender;	172

(7) The opportunity to obtain a court order, pursuant to	173
section 2945.04 of the Revised Code, to prevent or stop the	174
commission of the offense of intimidation of a crime victim or	175
witness or an offense against the person or property of the	176
complainant, or of the complainant's ward or child;	177

(8) The right of the victim in certain criminal or juvenile	178
cases or a victim's representative pursuant to sections 2151.38,	179
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	180
receive notice of a pending motion for judicial release, release	181
pursuant to section 2967.19 of the Revised Code, or other early	182
release of the person who committed the offense against the	183
victim, to make an oral or written statement at the court hearing	184
on the motion, and to be notified of the court's decision on the	185
motion;	186

(9) The right of the victim in certain criminal or juvenile	187
cases or a victim's representative pursuant to section 2930.16,	188
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	189
of any pending commutation, pardon, parole, transitional control,	190
discharge, other form of authorized release, post-release control,	191
or supervised release for the person who committed the offense	192
against the victim or any application for release of that person	193
and to send a written statement relative to the victimization and	194
the pending action to the adult parole authority or the release	195
authority of the department of youth services;	196

(10) The right of the victim to bring a civil action pursuant	197
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	198
from the offender's profit fund;	199

(11) The right, pursuant to section 3109.09 of the Revised	200
Code, to maintain a civil action to recover compensatory damages	201
not exceeding ten thousand dollars and costs from the parent of a	202
minor who willfully damages property through the commission of an	203
act that would be a theft offense, as defined in section 2913.01	204
of the Revised Code, if committed by an adult;	205

(12) The right, pursuant to section 3109.10 of the Revised	206
Code, to maintain a civil action to recover compensatory damages	207
not exceeding ten thousand dollars and costs from the parent of a	208
minor who willfully and maliciously assaults a person;	209

(13) The possibility of receiving restitution from an	210
offender or a delinquent child pursuant to section 2152.20,	211
2929.18, or 2929.28 of the Revised Code;	212

(14) The right of the victim in certain criminal or juvenile	213
cases or a victim's representative, pursuant to section 2930.16 of	214
the Revised Code, to receive notice of the escape from confinement	215
or custody of the person who committed the offense, to receive	216
that notice from the custodial agency of the person at the	217
victim's last address or telephone number provided to the	218
custodial agency, and to receive notice that, if either the	219
victim's address or telephone number changes, it is in the	220
victim's interest to provide the new address or telephone number	221
to the custodial agency;	222

(15) The right of a victim of domestic violence to seek the	223
issuance of a civil protection order pursuant to section 3113.31	224
of the Revised Code, the right of a victim of a violation of	225
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	226
of the Revised Code, a violation of a substantially similar	227
municipal ordinance, or an offense of violence who is a family or	228
household member of the offender at the time of the offense to	229
seek the issuance of a temporary protection order pursuant to	230
section 2919.26 of the Revised Code, and the right of both types	231
of victims to be accompanied by a victim advocate during court	232
proceedings;	233

(16) The right of a victim of a sexually oriented offense or	234
of a child-victim oriented offense that is committed by a person	235
who is convicted of, pleads guilty to, or is adjudicated a	236
delinquent child for committing the offense and who is in a	237
category specified in division (B) of section 2950.10 of the	238
Revised Code to receive, pursuant to that section, notice that	239
the person has registered with a sheriff under section 2950.04,	240
2950.041, or 2950.05 of the Revised Code and notice of the	241
person's name, the person's residence that is registered, and the	242
offender's school, institution of higher education, or place of	243
employment address or addresses that are registered, the person's	244
photograph, and a summary of the manner in which the victim must	245
make a request to receive the notice. As used in this division,	246
"sexually oriented offense" and "child-victim oriented offense"	247
have the same meanings as in section 2950.01 of the Revised Code.	248

(17) The right of a victim of certain sexually violent	249
offenses committed by an offender who also is convicted of or	250
pleads guilty to a sexually violent predator specification and who	251
is sentenced to a prison term pursuant to division (A)(3) of	252
section 2971.03 of the Revised Code, of a victim of a violation of	253
division (A)(1)(b) of section 2907.02 of the Revised Code	254
committed on or after January 2, 2007, by an offender who is	255
sentenced for the violation pursuant to division (B)(1)(a), (b),	256
or (c) of section 2971.03 of the Revised Code, of a victim of an	257
attempted rape committed on or after January 2, 2007, by an	258
offender who also is convicted of or pleads guilty to a	259
specification of the type described in section 2941.1418,	260
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	261
the violation pursuant to division (B)(2)(a), (b), or (c) of	262
section 2971.03 of the Revised Code, and of a victim of an offense	263
that is described in division (B)(3)(a), (b), (c), or (d) of	264
section 2971.03 of the Revised Code and is committed by an	265
offender who is sentenced pursuant to one of those divisions to	266
receive, pursuant to section 2930.16 of the Revised Code, notice	267
of a hearing to determine whether to modify the requirement that	268
the offender serve the entire prison term in a state correctional	269
facility, whether to continue, revise, or revoke any existing	270
modification of that requirement, or whether to terminate the	271
prison term. As used in this division, "sexually violent offense"	272
and "sexually violent predator specification" have the same	273
meanings as in section 2971.01 of the Revised Code.	274

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	275
prosecuting attorney, assistant prosecuting attorney, city	276
director of law, assistant city director of law, village	277
solicitor, assistant village solicitor, or similar chief legal	278
officer of a municipal corporation or an assistant of any of those	279
officers who prosecutes an offense committed in this state, upon	280
first contact with the victim of the offense, the victim's family,	281
or the victim's dependents, shall give the victim, the victim's	282
family, or the victim's dependents a copy of the pamphlet prepared	283
pursuant to division (A) of this section and explain, upon	284
request, the information in the pamphlet to the victim, the	285
victim's family, or the victim's dependents.	286

(b) Subject to division (B)(1)(c) of this section, a law	287
enforcement agency that investigates an offense or delinquent act	288
committed in this state shall give the victim of the offense or	289
delinquent act, the victim's family, or the victim's dependents a	290
copy of the pamphlet prepared pursuant to division (A) of this	291
section at one of the following times:	292

(i) Upon first contact with the victim, the victim's family,	293
or the victim's dependents;	294

(ii) If the offense or delinquent act is an offense of	295
violence, if the circumstances of the offense or delinquent act	296
and the condition of the victim, the victim's family, or the	297
victim's dependents indicate that the victim, the victim's family,	298
or the victim's dependents will not be able to understand the	299
significance of the pamphlet upon first contact with the agency,	300
and if the agency anticipates that it will have an additional	301
contact with the victim, the victim's family, or the victim's	302
dependents, upon the agency's second contact with the victim, the	303
victim's family, or the victim's dependents.	304

If the agency does not give the victim, the victim's family,	305
or the victim's dependents a copy of the pamphlet upon first	306
contact with them and does not have a second contact with the	307
victim, the victim's family, or the victim's dependents, the	308
agency shall mail a copy of the pamphlet to the victim, the	309
victim's family, or the victim's dependents at their last known	310
address.	311

(c) In complying on and after December 9, 1994, with the	312
duties imposed by division (B)(1)(a) or (b) of this section, an	313
official or a law enforcement agency shall use copies of the	314
pamphlet that are in the official's or agency's possession on	315
December 9, 1994, until the official or agency has distributed all	316
of those copies. After the official or agency has distributed all	317
of those copies, the official or agency shall use only copies of	318
the pamphlet that contain at least the information described in	319
divisions (A)(1) to (17) of this section.	320

(2) The failure of a law enforcement agency or of a	321
prosecuting attorney, assistant prosecuting attorney, city	322
director of law, assistant city director of law, village	323
solicitor, assistant village solicitor, or similar chief legal	324
officer of a municipal corporation or an assistant to any of those	325
officers to give, as required by division (B)(1) of this section,	326
the victim of an offense or delinquent act, the victim's family,	327
or the victim's dependents a copy of the pamphlet prepared	328
pursuant to division (A) of this section does not give the victim,	329
the victim's family, the victim's dependents, or a victim's	330
representative any rights under section 2743.51 to 2743.72,	331
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	332
Revised Code or under any other provision of the Revised Code and	333
does not affect any right under those sections.	334

(3) A law enforcement agency, a prosecuting attorney or	335
assistant prosecuting attorney, or a city director of law,	336
assistant city director of law, village solicitor, assistant	337
village solicitor, or similar chief legal officer of a municipal	338
corporation that distributes a copy of the pamphlet prepared	339
pursuant to division (A) of this section shall not be required to	340
distribute a copy of an information card or other printed material	341
provided by the clerk of the court of claims pursuant to section	342
2743.71 of the Revised Code.	343

(C) The cost of printing and distributing the pamphlet	344
prepared pursuant to division (A) of this section shall be paid	345
out of the reparations fund, created pursuant to section 2743.191	346
of the Revised Code, in accordance with division (D) of that	347
section.	348

(D) As used in this section:

349

(1) "Victim's representative" has the same meaning as in	350
section 2930.01 of the Revised Code;	351

(2) "Victim advocate" has the same meaning as in section	352
2919.26 of the Revised Code.	353

Sec. 307.93. (A) The boards of county commissioners of two	354
or more adjacent counties may contract for the joint establishment	355
of a multicounty correctional center, and the board of county	356
commissioners of a county or the boards of two or more counties	357
may contract with any municipal corporation or municipal	358
corporations located in that county or those counties for the	359
joint establishment of a municipal-county or multicounty-municipal	360
correctional center. The center shall augment county and, where	361
applicable, municipal jail programs and facilities by providing	362
custody and rehabilitative programs for those persons under the	363
charge of the sheriff of any of the contracting counties or of the	364
officer or officers of the contracting municipal corporation or	365
municipal corporations having charge of persons incarcerated in	366
the municipal jail, workhouse, or other correctional facility who,	367
in the opinion of the sentencing court, need programs of custody	368
and rehabilitation not available at the county or municipal jail	369
and by providing custody and rehabilitative programs in accordance	370
with division (C) of this section, if applicable. The contract may	371
include, but need not be limited to, provisions regarding the	372
acquisition, construction, maintenance, repair, termination of	373
operations, and administration of the center. The contract shall	374
prescribe the manner of funding of, and debt assumption for, the	375
center and the standards and procedures to be followed in the	376
operation of the center. Except as provided in division (H) of	377
this section, the contracting counties and municipal corporations	378
shall form a corrections commission to oversee the administration	379
of the center. Members of the commission shall consist of the	380
sheriff of each participating county, ~~the president~~a member of	381
the board of county commissioners of each participating county,	382
~~the presiding judge of the court of common pleas of each~~	383
~~participating county, or, if the court of common pleas of a~~	384
~~participating county has only one judge, then that judge,~~ the	385
chief of police of each participating municipal corporation, and	386
the mayor or city manager of each participating municipal	387
corporation~~, and the presiding judge or the sole judge of the~~	388
~~municipal court of each participating municipal corporation~~. Any	389
of the foregoing officers may appoint a designee to serve in the	390
officer's place on the corrections commission. The standards and	391
procedures shall be formulated and agreed to by the commission and	392
may be amended at any time during the life of the contract by	393
agreement of the parties to the contract upon the advice of the	394
commission. The standards and procedures formulated by the	395
commission shall include, but need not be limited to, designation	396
of the person in charge of the center, designation of a fiscal	397
agent, the categories of employees to be employed at the center,	398
the appointing authority of the center, and the standards of	399
treatment and security to be maintained at the center. The person	400
in charge of, and all persons employed to work at, the center	401
shall have all the powers of police officers that are necessary	402
for the proper performance of the duties relating to their	403
positions at the center.	404

(B)(1) Upon the establishment of a corrections commission	405
under division (A) of this section, the judges specified in this	406
division shall form a judicial advisory board for the purpose of	407
making recommendations to the corrections commission on issues of	408
bed allocation, expansion of the center that the corrections	409
commission oversees, and other issues concerning the	410
administration of sentences or any other matter determined to be	411
appropriate by the corrections commission. The judges who shall	412
form the judicial advisory board for a corrections commission are	413
the administrative judge of the general division of the court of	414
common pleas of each county participating in the corrections	415
center, the presiding judge of the municipal court of each	416
municipal corporation participating in the corrections center,	417
and the presiding judge of each county court of each county	418
participating in the corrections center. Any of the foregoing	419
judges may appoint a designee to serve in the judge's place on	420
the judicial advisory board, provided that the designee shall be	421
a judge of the same court as the judge who makes the appointment.	422
The judicial advisory board for a corrections commission shall	423
meet with the corrections commission at least once each year.	424

(2) Each board of county commissioners that enters a contract	425
under division (A) of this section may appoint a building	426
commission pursuant to section 153.21 of the Revised Code. If any	427
commissions are appointed, they shall function jointly in the	428
construction of a multicounty or multicounty-municipal	429
correctional center with all the powers and duties authorized by	430
law.	431

(C) Prior to the acceptance for custody and rehabilitation	432
into a center established under this section of any persons who	433
are designated by the department of rehabilitation and correction,	434
who plead guilty to or are convicted of a felony of the fourth or	435
fifth degree, and who satisfy the other requirements listed in	436
section 5120.161 of the Revised Code, the corrections commission	437
of a center established under this section shall enter into an	438
agreement with the department of rehabilitation and correction	439
under section 5120.161 of the Revised Code for the custody and	440
rehabilitation in the center of persons who are designated by the	441
department, who plead guilty to or are convicted of a felony of	442
the fourth or fifth degree, and who satisfy the other requirements	443
listed in that section, in exchange for a per diem fee per person.	444
Persons incarcerated in the center pursuant to an agreement	445
entered into under this division shall be subject to supervision	446
and control in the manner described in section 5120.161 of the	447
Revised Code. This division does not affect the authority of a	448
court to directly sentence a person who is convicted of or pleads	449
guilty to a felony to the center in accordance with section	450
2929.16 of the Revised Code.	451

(D) Pursuant to section 2929.37 of the Revised Code, each	452
board of county commissioners and the legislative authority of	453
each municipal corporation that enters into a contract under	454
division (A) of this section may require a person who was	455
convicted of an offense, who is under the charge of the sheriff of	456
their county or of the officer or officers of the contracting	457
municipal corporation or municipal corporations having charge of	458
persons incarcerated in the municipal jail, workhouse, or other	459
correctional facility, and who is confined in the multicounty,	460
municipal-county, or multicounty-municipal correctional center as	461
provided in that division, to reimburse the applicable county or	462
municipal corporation for its expenses incurred by reason of the	463
person's confinement in the center.	464

(E) Notwithstanding any contrary provision in this section or	465
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	466
corrections commission of a center may establish a policy that	467
complies with section 2929.38 of the Revised Code and that	468
requires any person who is not indigent and who is confined in the	469
multicounty, municipal-county, or multicounty-municipal	470
correctional center to pay a reception fee, a fee for medical	471
treatment or service requested by and provided to that person, or	472
the fee for a random drug test assessed under division (E) of	473
section 341.26 of the Revised Code.	474

(F)(1) The corrections commission of a center established	475
under this section may establish a commissary for the center. The	476
commissary may be established either in-house or by another	477
arrangement. If a commissary is established, all persons	478
incarcerated in the center shall receive commissary privileges. A	479
person's purchases from the commissary shall be deducted from the	480
person's account record in the center's business office. The	481
commissary shall provide for the distribution to indigent persons	482
incarcerated in the center of necessary hygiene articles and	483
writing materials.	484

(2) If a commissary is established, the corrections	485
commission of a center established under this section shall	486
establish a commissary fund for the center. The management of	487
funds in the commissary fund shall be strictly controlled in	488
accordance with procedures adopted by the auditor of state.	489
Commissary fund revenue over and above operating costs and reserve	490
shall be considered profits. All profits from the commissary fund	491
shall be used to purchase supplies and equipment for the benefit	492
of persons incarcerated in the center and to pay salary and	493
benefits for employees of the center, or for any other persons,	494
who work in or are employed for the sole purpose of providing	495
service to the commissary. The corrections commission shall adopt	496
rules and regulations for the operation of any commissary fund it	497
establishes.	498

(G) In lieu of forming a corrections commission to administer	499
a multicounty correctional center or a municipal-county or	500
multicounty-municipal correctional center, the boards of county	501
commissioners and the legislative authorities of the municipal	502
corporations contracting to establish the center may also agree to	503
contract for the private operation and management of the center as	504
provided in section 9.06 of the Revised Code, but only if the	505
center houses only misdemeanant inmates. In order to enter into a	506
contract under section 9.06 of the Revised Code, all the boards	507
and legislative authorities establishing the center shall approve	508
and be parties to the contract.	509

(H) If a person who is convicted of or pleads guilty to an	510
offense is sentenced to a term in a multicounty correctional	511
center or a municipal-county or multicounty-municipal correctional	512
center or is incarcerated in the center in the manner described in	513
division (C) of this section, or if a person who is arrested for	514
an offense, and who has been denied bail or has had bail set and	515
has not been released on bail is confined in a multicounty	516
correctional center or a municipal-county or multicounty-municipal	517
correctional center pending trial, at the time of reception and at	518
other times the officer, officers, or other person in charge of	519
the operation of the center determines to be appropriate, the	520
officer, officers, or other person in charge of the operation of	521
the center may cause the convicted or accused offender to be	522
examined and tested for tuberculosis, HIV infection, hepatitis,	523
including but not limited to hepatitis A, B, and C, and other	524
contagious diseases. The officer, officers, or other person in	525
charge of the operation of the center may cause a convicted or	526
accused offender in the center who refuses to be tested or treated	527
for tuberculosis, HIV infection, hepatitis, including but not	528
limited to hepatitis A, B, and C, or another contagious disease to	529
be tested and treated involuntarily.	530

(I) As used in this section, "multicounty-municipal" means	531
more than one county and a municipal corporation, or more than one	532
municipal corporation and a county, or more than one municipal	533
corporation and more than one county.	534

Sec. 307.932. (A) As used in this section:

535

(1) "Division of parole and community services" means the	536
division of parole and community services of the department of	537
rehabilitation and correction.	538

(2) "Eligible offender" means, in relation to a particular	539
community alternative sentencing center or district community	540
alternative sentencing center established and operated under	541
division (E) of this section, an offender who has been convicted	542
of or pleaded guilty to a qualifying misdemeanor offense, for	543
whom no provision of the Revised Code or ordinance of a municipal	544
corporation other than section 4511.19 of the Revised Code or an	545
ordinance of a municipal corporation that provides the penalties	546
for a municipal OVI offense of the municipal corporation requires	547
the imposition of a mandatory jail term for that qualifying	548
misdemeanor offense, and who is eligible to be sentenced directly	549
to that center and admitted to it under rules adopted under	550
division (G) of this section by the board of county	551
commissioners or affiliated group of boards of county	552
commissioners that established and operates that center.	553

(3) "Municipal OVI offense" has the same meaning as in	554
section 4511.181 of the Revised Code.	555

(4) "OVI term of confinement" means a term of confinement	556
imposed for a violation of section 4511.19 of the Revised Code or	557
for a municipal OVI offense, including any mandatory jail term or	558
mandatory term of local incarceration imposed for that violation	559
or offense.	560

(5) "Community residential sanction" means a community	561
residential sanction imposed under section 2929.26 of the Revised	562
Code for a misdemeanor violation of a section of the Revised Code	563
or a term of confinement imposed for a misdemeanor violation of a	564
municipal ordinance that is not a jail term.	565

(6) "Qualifying misdemeanor offense" means a violation of any	566
section of the Revised Code that is a misdemeanor or a violation	567
of any ordinance of a municipal corporation located in the county	568
that is a misdemeanor.	569

(B)(1) The board of county commissioners of any county, in	570
consultation with the sheriff of the county, may formulate a	571
proposal for a community alternative sentencing center that, upon	572
implementation by the county or being subcontracted to or operated	573
by a nonprofit organization, would be used for the confinement of	574
eligible offenders sentenced directly to the center by a court	575
located in the county pursuant to a community residential sanction	576
of not more than thirty days or pursuant to an OVI term of	577
confinement of not more than thirty days, and for the purpose of	578
closely monitoring those eligible offenders' adjustment to	579
community supervision. A board that formulates a proposal	580
pursuant to this division shall do so by resolution.	581

(2) The boards of county commissioners of two or more	582
adjoining or neighboring counties, in consultation with the	583
sheriffs of each of those counties, may affiliate and formulate by	584
resolution adopted by each of them a proposal for a district	585
community alternative sentencing center that, upon implementation	586
by the counties or being subcontracted to or operated by a	587
nonprofit organization, would be used for the confinement of	588
eligible offenders sentenced directly to the center by a court	589
located in any of those counties pursuant to a community	590
residential sanction of not more than thirty days or pursuant to	591
an OVI term of confinement of not more than thirty days, and for	592
the purpose of closely monitoring those eligible offenders'	593
adjustment to community supervision. Each board that affiliates	594
with one or more other boards to formulate a proposal pursuant	595
to this division shall formulate the proposal by resolution.	596

(C) Each proposal for a community alternative sentencing	597
center or a district community alternative sentencing center that	598
is formulated under division (B)(1) or (2) of this section shall	599
include proposals for operation of the center and for criteria to	600
define which offenders are eligible to be sentenced directly to	601
the center and admitted to it. At a minimum, the proposed	602
criteria that define which offenders are eligible to be sentenced	603
directly to the center and admitted to it shall provide all of the	604
following:	605

(1) That an offender is eligible to be sentenced directly to	606
the center and admitted to it if the offender has been convicted	607
of or pleaded guilty to a qualifying misdemeanor offense and is	608
sentenced directly to the center for the qualifying misdemeanor	609
offense pursuant to a community residential sanction of not more	610
than thirty days or pursuant to an OVI term of confinement of not	611
more than thirty days by a court that is located in the county or	612
one of the counties served by the board of county commissioners	613
or by any of the affiliated group of boards of county	614
commissioners that submits the proposal;	615

(2) That no offender is eligible to be sentenced directly to	616
the center or admitted to it if, in addition to the community	617
residential sanction or OVI term of confinement described in	618
division (C)(1) of this section, the offender is serving or has	619
been sentenced to serve any other jail term, prison term, or	620
community residential sanction.	621

(D)(1) If a board of county commissioners formulates a	622
proposal for a community alternative sentencing center pursuant to	623
division (B)(1) of this section or an affiliated group of boards	624
of county commissioners formulates a proposal for a district	625
community alternative sentencing center pursuant to division	626
(B)(2) of this section, prior to establishing or operating the	627
center, the board or the affiliated group of boards shall submit	628
the proposal for certification to the division of parole and	629
community services of the department of rehabilitation and	630
correction for approval and certification pursuant to division	631
(F) of section 5120.10 of the Revised Code. The division may	632
approve and certify a center as a suitable facility for the care	633
and treatment of adult offenders only if the center complies with	634
the standards for the certification of the centers that the	635
division adopts by rule in accordance with Chapter 119. of the	636
Revised Code. The division shall inspect each center to which a	637
proposal submitted under this division applies and annually shall	638
inspect each center established or operated under an approved and	639
certified proposal to determine if the proposed or certified	640
center is in compliance with the certification standards. A board	641
or affiliated group of boards shall not establish or operate a	642
center without the division's approval and certification. The	643
approval and certification of a center by the division is not a	644
requirement for, and is not an affirmation that the division or	645
the department of rehabilitation and correction must or will	646
provide, funding for the operation of the center.	647

(2) If a proposal for a community alternative sentencing	648
center or a district community alternative sentencing center that	649
is formulated under division (B)(1) or (2) of this section	650
contemplates the use of an existing facility, or a part of an	651
existing facility, as the center, nothing in this section limits,	652
restricts, or precludes the use of the facility, the part of the	653
facility, or any other part of the facility for any purpose other	654
than as a community alternative sentencing center or district	655
community alternative sentencing center.	656

(E) Upon approval and certification by the division of parole	657
and community services of a proposal for a community alternative	658
sentencing center or for a district community alternative	659
sentencing center submitted to the division under division (D)	660
of this section, the board of county commissioners or the	661
affiliated group of boards of county commissioners that submitted	662
the proposal may establish and operate the center in accordance	663
with the approved and certified proposal, division (G) of this	664
section, and rules adopted under that division. The establishment	665
and operation of the center may be done by subcontracting with a	666
nonprofit organization for the operation of the center.	667

If a board of county commissioners or an affiliated group of	668
boards of county commissioners establishes and operates a	669
community alternative sentencing center or district community	670
alternative sentencing center under this division, except as	671
otherwise provided in this division, the center is not a minimum	672
security jail under section 341.14, section 753.21, or any other	673
provision of the Revised Code, is not a jail or alternative	674
residential facility as defined in section 2929.01 of the	675
Revised Code, is not required to satisfy or comply with minimum	676
standards for minimum security jails or other jails that are	677
promulgated under division (A) of section 5120.10 of the Revised	678
Code, is not a local detention facility as defined in section	679
2929.36 of the Revised Code, and is not a residential unit as	680
defined in section 2950.01 of the Revised Code. The center is a	681
detention facility as defined in sections 2921.01 and 2923.124	682
of the Revised Code, and an eligible offender confined in the	683
center is under detention as defined in section 2921.01 of the	684
Revised Code. Regarding persons sentenced directly to the center	685
under an OVI term of confinement, the center shall be considered	686
a "jail" or "local correctional facility" for purposes of any	687
provision in section 4511.19 of the Revised Code or in an	688
ordinance of a municipal corporation that requires a mandatory	689
jail term or mandatory term of local incarceration for the	690
violation of section 4511.19 of the Revised Code or the municipal	691
OVI offense, and a direct sentence of a person to the center	692
under an OVI term of confinement shall be considered to be a	693
sentence to a "jail" or "local correctional facility" for	694
purposes of any such provision in section 4511.19 of the Revised	695
Code or in an ordinance of a municipal corporation.	696

(F)(1) If the board of county commissioners of a county that	697
is being served by a community alternative sentencing center	698
established pursuant to division (E) of this section determines	699
that it no longer wants to be served by the center, the board may	700
dissolve the center by adopting a resolution evidencing the	701
determination to dissolve the center and notifying, in writing,	702
the division of parole and community services of the determination	703
to dissolve the center.	704

(2) If the boards of county commissioners of all of the	705
counties served by any district community alternative sentencing	706
center established pursuant to division (E) of this section	707
determine that they no longer want to be served by the center,	708
the boards may dissolve the center by adopting in each county a	709
resolution evidencing the determination to dissolve the center	710
and notifying, in writing, the division of parole and community	711
services of the determination to dissolve the center.	712

(3) If at least one, but not all, of the boards of county	713
commissioners of the counties being served by any district	714
community alternative sentencing center established pursuant to	715
division (E) of this section determines that it no longer wants	716
to be served by the center, the board may terminate its	717
involvement with the center by adopting a resolution evidencing	718
the determination to terminate its involvement with the center	719
and notifying, in writing, the division of parole and community	720
services of the determination to terminate its involvement with	721
the center. If at least one, but not all, of the boards of	722
county commissioners of the counties being served by any	723
community alternative sentencing center terminates its	724
involvement with the center in accordance with this division, the	725
other boards of county commissioners of the counties being served	726
by the center may continue to be served by the center.	727

(G) Upon approval and certification by the division of parole	728
and community services of a proposal for a community alternative	729
sentencing center or for a district community alternative	730
sentencing center submitted to it under division (D) of this	731
section, prior to establishing or operating the center, the	732
board of county commissioners or the affiliated group of boards	733
of county commissioners that submitted the proposal shall adopt	734
rules for the operation of the center. The rules shall include	735
criteria that define which offenders are eligible to be	736
sentenced directly to the center and admitted to it and the	737
criteria so included shall be consistent with the proposed	738
criteria included in the proposal approved and certified by the	739
division.	740

(H) If a board of county commissioners establishes and	741
operates a community alternative sentencing center under division	742
(E) of this section, or an affiliated group of boards of county	743
commissioners establishes and operates a district community	744
alternative sentencing center under that division, all of the	745
following apply:	746

(1) Any court located within the county served by the board	747
that establishes and operates a community correctional center may	748
directly sentence eligible offenders to the center pursuant to a	749
community residential sanction of not more than thirty days or	750
pursuant to an OVI term of confinement of not more than thirty	751
days. Any court located within a county served by any of the	752
boards that establishes and operates a district community	753
correctional center may directly sentence eligible offenders to	754
the center pursuant to a community residential sanction of not	755
more than thirty days or pursuant to an OVI term of confinement	756
of not more than thirty days.	757

(2) Each eligible offender who is sentenced to the center as	758
described in division (H)(1) of this section and admitted to it	759
shall be offered during the eligible offender's confinement at the	760
center educational and vocational services and reentry planning	761
and may be offered any other treatment and rehabilitative services	762
that are available and that the court that sentenced the	763
particular eligible offender to the center and the administrator	764
of the center determine are appropriate based upon the offense	765
for which the eligible offender was sentenced to the community	766
residential sanction and the length of the sanction.	767

(3) Before accepting an eligible offender sentenced to the	768
center by a court, the board or the affiliated group of boards	769
shall enter into an agreement with a political subdivision that	770
operates that court that addresses the cost and payment of medical	771
treatment or services received by eligible offenders sentenced by	772
that court while they are confined in the center. The agreement	773
may provide for the payment of the costs by the particular	774
eligible offender who receives the treatment or services, as	775
described in division (I) of this section.	776

(4) If a court sentences an eligible offender to a center	777
under authority of division (H)(1) of this section, immediately	778
after the sentence is imposed, the eligible offender shall be	779
taken to the probation department that serves the court. The	780
department shall handle any preliminary matters regarding the	781
admission of the eligible offender to the center, including a	782
determination as to whether the eligible offender may be admitted	783
to the center under the criteria included in the rules adopted	784
under division (G) of this section that define which offenders are	785
eligible to be sentenced and admitted to the center. If the	786
eligible offender is accepted for admission to the center, the	787
department shall schedule the eligible offender for the admission	788
and shall provide for the transportation of the offender to the	789
center. If an eligible offender who is sentenced to the center	790
under a community residential sanction is not accepted for	791
admission to the center for any reason, the nonacceptance shall	792
be considered a violation of a condition of the community	793
residential sanction, the eligible offender shall be taken before	794
the court that imposed the sentence, and the court may proceed as	795
specified in division (C)(2) of section 2929.25 of the Revised	796
Code based on the violation or as provided by ordinance of the	797
municipal corporation based on the violation, whichever is	798
applicable. If an eligible offender who is sentenced to the	799
center under an OVI term of confinement is not accepted for	800
admission to the center for any reason, the eligible offender	801
shall be taken before the court that imposed the sentence, and	802
the court shall determine the place at which the offender is to	803
serve the term of confinement. If the eligible offender is	804
admitted to the center, all of the following apply:	805

(a) The admission shall be under the terms and conditions	806
established by the court and the administrator of the center,	807
and the court and the administrator of the center shall provide	808
for the confinement of the eligible offender and supervise the	809
eligible offender as provided in divisions (H)(4)(b) to (f) of	810
this section.	811

(b) The eligible offender shall be confined in the center	812
during any period of time that the eligible offender is not	813
actually working at the eligible offender's approved work release	814
described in division (H)(4)(c) of this section, engaged in	815
community service activities described in division (H)(4)(d) of	816
this section, engaged in authorized vocational training or another	817
authorized educational program, engaged in another program	818
designated by the administrator of the center, or engaged in	819
other activities approved by the court and the administrator of	820
the center.	821

(c) If the court and the administrator of the center	822
determine that work release is appropriate based upon the	823
offense for which the eligible offender was sentenced to the	824
community residential sanction or OVI term of confinement and the	825
length of the sanction or term, the eligible offender may be	826
offered work release from confinement at the center and be	827
released from confinement while engaged in the work release.	828

(d) If the administrator of the center determines that	829
community service is appropriate and if the eligible offender	830
will be confined for more than ten days at the center, the	831
eligible offender may be required to participate in community	832
service activities approved by the political subdivision served	833
by the court. Community service activities that may be required	834
under this division may take place in facilities of the political	835
subdivision that operates the court, in the community, or in both	836
such locales. The eligible offender shall be released from	837
confinement while engaged in the community service activities.	838
Community service activities required under this division shall	839
be supervised by the court or an official designated by the	840
board of county commissioners or affiliated group of boards of	841
county commissioners that established and is operating the	842
center. Community service activities required under this	843
division shall not exceed in duration the period for which the	844
eligible offender will be confined at the center under the	845
community residential sanction or the OVI term of confinement.	846

(e) The confinement of the eligible offender in the center	847
shall be considered for purposes of this division and division	848
(H)(4)(f) of this section as including any period of time	849
described in division (H)(4)(b) of this section when the eligible	850
offender may be outside of the center and shall continue until the	851
expiration of the community residential sanction or OVI term of	852
confinement that the eligible offender is serving upon admission	853
to the center.	854

(f) After the admission and until the expiration of the	855
community residential sanction or OVI term of confinement that the	856
eligible offender is serving upon admission to the center, the	857
eligible offender shall be considered for purposes of any	858
provision in Title XXIX of the Revised Code to be serving the	859
community residential sanction or OVI term of confinement.	860

(5) The administrator of the center, or the administrator's	861
designee, shall post a sign as described in division (A)(4) of	862
section 2923.1212 of the Revised Code in a conspicuous location at	863
the center.	864

(I) The board of county commissioners that establishes and	865
operates a community alternative sentencing center under division	866
(E) of this section, or the affiliated group of boards of county	867
commissioners that establishes and operates a district community	868
alternative sentencing center under that division, may require an	869
eligible offender who is sentenced directly to the center and	870
admitted to it to pay to the county served by the board or the	871
counties served by the affiliated group of boards or the entity	872
operating the center the reasonable expenses incurred by the	873
county or counties, whichever is applicable, in supervising or	874
confining the eligible offender after being sentenced to the	875
center and admitted. Inability to pay those reasonable expenses	876
shall not be grounds for refusing to admit an otherwise eligible	877
offender to the center.	878

(J)(1) If an eligible offender who is directly sentenced to a	879
community alternative sentencing center or district community	880
alternative sentencing center and admitted to the center	881
successfully completes the service of the community residential	882
sanction in the center, the administrator of the center shall	883
notify the court that imposed the sentence, and the court shall	884
enter into the journal that the eligible offender successfully	885
completed the service of the sanction.	886

(2) If an eligible offender who is directly sentenced to a	887
community alternative sentencing center or district community	888
alternative sentencing center and admitted to the center violates	889
any rule established under this section by the board of county	890
commissioners or the affiliated group of boards of county	891
commissioners that establishes and operates the center, violates	892
any condition of the community residential sanction or OVI term of	893
confinement imposed by the sentencing court, or otherwise does	894
not successfully complete the service of the community	895
residential sanction or OVI term of confinement in the center, the	896
administrator of the center shall report the violation or failure	897
to successfully complete the sanction or term directly to the	898
court or to the probation department or probation officer with	899
general control and supervision over the eligible offender. A	900
failure to successfully complete the service of the community	901
residential sanction or OVI term of confinement in the center	902
shall be considered a violation of a condition of the community	903
residential sanction or the OVI term of confinement. If the	904
administrator reports the violation to the probation department or	905
probation officer, the department or officer shall report the	906
violation to the court. Upon its receipt under this division of a	907
report of a violation or failure to complete the sanction by a	908
person sentenced to the center under a community residential	909
sanction, the court may proceed as specified in division (C)(2)	910
of section 2929.25 of the Revised Code based on the violation or	911
as provided by ordinance of the municipal corporation based on	912
the violation, whichever is applicable. Upon its receipt under	913
this division of a report of a violation or failure to complete	914
the term by a person sentenced to the center under an OVI term of	915
confinement, the court shall determine the place at which the	916
offender is to serve the remainder of the term of confinement.	917
The eligible offender shall receive credit towards completing	918
the eligible offender's sentence for the time spent in the	919
center after admission to it.	920

Sec. 309.18. (A) If a prosecuting attorney of a county	921
receives notice from the ~~department of rehabilitation and~~	922
~~correction pursuant to section 5120.14 of the Revised Code that a~~	923
~~person indicted in that county for an offense of violence that is~~	924
~~a felony has escaped from a correctional institution under the~~	925
~~control of the department or otherwise has escaped from the~~	926
~~custody of the department, receives notice from the~~ sheriff of the	927
county pursuant to section 341.011 of the Revised Code that a	928
person indicted for or otherwise charged with an offense of	929
violence that is a felony and that was committed in the county has	930
escaped from the county jail or workhouse or otherwise has escaped	931
from the custody of the sheriff, or receives notice from a chief	932
of police or other chief law enforcement officer of a municipal	933
corporation pursuant to section 753.19 of the Revised Code that a	934
person indicted for or otherwise charged with an offense of	935
violence that is a felony and that was committed in the county has	936
escaped from a jail or workhouse of that municipal corporation or	937
otherwise has escaped from the custody of that municipal	938
corporation, the prosecuting attorney shall notify each victim of	939
an offense of violence that is a felony committed by that person	940
of the person's escape and, if applicable, of ~~his~~the person's	941
subsequent apprehension. The notice of escape shall be given as	942
soon as possible after receipt of the notice from the department,	943
sheriff, or chief law enforcement officer of the municipal	944
corporation and shall be given by telephone or in person, except	945
that, if a prosecuting attorney tries and fails to give the notice	946
of escape by telephone at the victim's last known telephone number	947
or tries and fails to give the notice of escape in person at the	948
victim's last known address, the notice of escape shall be given	949
to the victim at ~~his~~the victim's last known address by certified	950
mail, return receipt requested. The notice of apprehension shall	951
be given as soon as possible after the person is apprehended and	952
shall be given in the same manner as is the notice of escape.	953

Any prosecuting attorney who fails to give any notice	954
required by this ~~section~~division is immune from civil liability	955
for any injury, death, or loss to person or property that might be	956
incurred as a result of that failure to give notice.	957

(B) If a prosecuting attorney of a county receives notice	958
from the department of rehabilitation and correction pursuant to	959
section 5120.14 of the Revised Code or otherwise receives notice	960
from the department that a person who was convicted of or pleaded	961
guilty in that county to an offense of violence that is a felony	962
has escaped from a correctional institution under the control of	963
the department or otherwise has escaped from the custody of the	964
department, and if the office of victim services of the department	965
requests assistance from the prosecuting attorney in identifying	966
and locating the victim of the offense, the prosecuting attorney	967
promptly shall provide the information requested, if available, to	968
the office of victim services.	969

Sec. 926.99. (A)(1) Except as provided in division (A)(2)	970
of this section, whoever violates section 926.04 of the Revised	971
Code is guilty of a misdemeanor of the first degree on a first	972
offense and a felony of the fifth degree on each subsequent	973
offense.	974

(2) A person who violates section 926.04 of the Revised Code	975
and who is insolvent and financially unable to satisfy a claimant	976
as defined in section 926.021 of the Revised Code is guilty of a	977
felony of the fifth degree if the financial obligation owed by the	978
offender to the claimant is ~~five hundred~~one thousand dollars or	979
more and is less than ~~five~~seven thousand five hundred dollars.	980
If the financial obligation is ~~five~~seven thousand five hundred	981
dollars or more and is less than one hundred fifty thousand	982
dollars, the offender is guilty of a felony of the fourth	983
degree. If the financial obligation is one hundred fifty thousand	984
dollars or more, the offender is guilty of a felony of the third	985
degree.	986

(B) Whoever violates division (E) or (F) of section 926.20 or	987
division (A) of section 926.22 of the Revised Code is guilty of a	988
minor misdemeanor on a first offense and a misdemeanor of the	989
second degree on each subsequent offense.	990

(C) Whoever violates division (G) of section 926.20 or	991
section 926.34 or 926.35 of the Revised Code is guilty of a felony	992
of the fourth degree.	993

(D) Whoever violates division (A) of section 926.28 or	994
division (B) of section 926.29 of the Revised Code is guilty of a	995
felony of the fifth degree.	996

(E) Whoever violates section 926.31 of the Revised Code is	997
guilty of a misdemeanor of the fourth degree.	998

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	999
1333.04 of the Revised Code is guilty of a minor misdemeanor.	1000

(B) Whoever violates section 1333.12 or 1333.71 of the	1001
Revised Code is guilty of a misdemeanor of the fourth degree.	1002

(C) Whoever violates section 1333.36 of the Revised Code is	1003
guilty of a misdemeanor of the third degree.	1004

(D) A prosecuting attorney may file an action to restrain any	1005
person found in violation of section 1333.36 of the Revised Code.	1006
Upon the filing of such an action, the common pleas court may	1007
receive evidence of such violation and forthwith grant a temporary	1008
restraining order as may be prayed for, pending a hearing on the	1009
merits of said cause.	1010

(E) Whoever violates division (A)(1) of section 1333.52 or	1011
section 1333.81 of the Revised Code is guilty of a misdemeanor of	1012
the first degree.	1013

(F) Whoever violates division (A)(2) or (B) of section	1014
1333.52 of the Revised Code is guilty of a misdemeanor of the	1015
second degree.	1016

(G) Except as otherwise provided in this division, whoever	1017
violates section 1333.92 of the Revised Code is guilty of a	1018
misdemeanor of the first degree. If the value of the compensation	1019
is ~~five hundred~~one thousand dollars or more and less than ~~five~~	1020
seven thousand five hundred dollars, whoever violates section	1021
1333.92 of the Revised Code is guilty of a felony of the fifth	1022
degree. If the value of the compensation is ~~five~~seven thousand	1023
five hundred dollars or more and less than one hundred fifty	1024
thousand dollars, whoever violates section 1333.92 of the	1025
Revised Code is guilty of a felony of the fourth degree. If the	1026
value of the compensation is one hundred fifty thousand dollars or	1027
more, whoever violates section 1333.92 of the Revised Code is	1028
guilty of a felony of the third degree.	1029

Sec. 1707.99. Whoever commits any act described in division	1030
(A) of section 1707.042 or section 1707.44 of the Revised Code is	1031
guilty of a violation of sections 1707.01 to 1707.45 of the	1032
Revised Code and the following apply to the offender:	1033

(A) If the value of the funds or securities involved in the	1034
offense or the loss to the victim is less than ~~five hundred~~one	1035
thousand dollars, the offender is guilty of a felony of the fifth	1036
degree, and the court may impose upon the offender an additional	1037
fine of not more than two thousand five hundred dollars.	1038

(B) If the value of the funds or securities involved in the	1039
offense or the loss to the victim is ~~five hundred~~one thousand	1040
dollars or more but less than ~~five~~seven thousand five hundred	1041
dollars, the offender is guilty of a felony of the fourth	1042
degree, and the court may impose upon the offender an	1043
additional fine of not more than five thousand dollars.	1044

(C) If the value of the funds or securities involved in the	1045
offense or the loss to the victim is ~~five~~seven thousand five	1046
hundred dollars or more but less than ~~twenty-five~~thirty-seven	1047
thousand five hundred dollars, the offender is guilty of a	1048
felony of the third degree, and the court may impose upon the	1049
offender an additional fine of not more than ten thousand dollars.	1050

(D) If the value of the funds or securities involved in the	1051
offense or the loss to the victim is ~~twenty-five~~thirty-seven	1052
thousand five hundred dollars or more but less than one hundred	1053
fifty thousand dollars, the offender is guilty of a felony of	1054
the second degree, and the court may impose upon the offender an	1055
additional fine of not more than fifteen thousand dollars.	1056

(E) If the value of the funds or securities involved in the	1057
offense or the loss to the victim is one hundred fifty thousand	1058
dollars or more, the offender is guilty of a felony of the first	1059
degree, and the court may impose upon the offender an additional	1060
fine of not more than twenty thousand dollars.	1061

Sec. 1716.99. (A) Whoever violates any provision of	1062
sections 1716.02 to 1716.17 of the Revised Code, other than	1063
division (A)(1) of section 1716.14 of the Revised Code, is guilty	1064
of a misdemeanor of the first degree.	1065

Each occurrence of a solicitation of a contribution from any	1066
person in violation of any provision of sections 1716.02 to	1067
1716.17 of the Revised Code, other than division (A)(1) of section	1068
1716.14 of the Revised Code, is considered a separate offense.	1069

(B)(1) Whoever violates division (A)(1) of section 1716.14 of	1070
the Revised Code is guilty of solicitation fraud and shall be	1071
punished as provided in divisions (B)(2) to (4) of this section.	1072

(2) Except as otherwise provided in division (B)(4) of this	1073
section, division (B)(3) of this section applies to solicitation	1074
fraud, and solicitation fraud is one of the following:	1075

(a) Except as otherwise provided in divisions (B)(2)(b) to	1076
(d) of this section, a misdemeanor of the first degree or, if the	1077
offender previously has been convicted of or pleaded guilty to a	1078
theft offense or a violation of division (A)(1) of section 1716.14	1079
of the Revised Code, a felony of the fifth degree.	1080

(b) If the value of the contribution or contributions made in	1081
the violation is ~~five hundred~~one thousand dollars or more but	1082
less than ~~five~~seven thousand five hundred dollars, a felony of	1083
the fifth degree or, if the offender previously has been	1084
convicted of or pleaded guilty to a theft offense or a	1085
violation of division (A)(1) of section 1716.14 of the Revised	1086
Code, a felony of the fourth degree.	1087

(c) If the value of the contribution or contributions made in	1088
the violation is ~~five~~seven thousand five hundred dollars or more	1089
but less than one hundred fifty thousand dollars, a felony of the	1090
fourth degree or, if the offender previously has been convicted	1091
of or pleaded guilty to a theft offense or a violation of	1092
division (A)(1) of section 1716.14 of the Revised Code, a felony	1093
of the third degree.	1094

(d) If the value of the contribution or contributions made in	1095
the violation is one hundred fifty thousand dollars or more, a	1096
felony of the third degree.	1097

(3) When an offender commits a series of offenses in	1098
violation of division (A)(1) of section 1716.14 of the Revised	1099
Code as part of a common scheme or plan to defraud multiple	1100
victims, all of the offenses may be tried as a single offense. If	1101
the offenses are tried as a single offense, the value of the	1102
contributions for purposes of determining the value as required by	1103
division (B)(2) of this section is the aggregate value of all	1104
contributions involved in all offenses in the common scheme or	1105
plan to defraud multiple victims. In prosecuting a single offense	1106
under this division, it is not necessary to separately allege and	1107
prove each offense in the series. Rather, it is sufficient to	1108
allege and prove that the offender, within a given span of time,	1109
committed one or more offenses as part of a common scheme or plan	1110
to defraud multiple victims as described in this division.	1111

(4) If the victim of the offense is an elderly person or	1112
disabled adult, division (B)(4) of this section and section	1113
2913.61 of the Revised Code apply to solicitation fraud, and	1114
solicitation fraud is one of the following:	1115

(a) Except as otherwise provided in divisions (B)(4)(b) to	1116
(d) of this section, a felony of the fifth degree;	1117

(b) If the value of the contributions made in the violation	1118
is ~~five hundred~~one thousand dollars or more and is less than	1119
~~five~~seven thousand five hundred dollars, a felony of the fourth	1120
degree;	1121

(c) If the value of the contributions made in the violation	1122
is ~~five~~seven thousand five hundred dollars or more and is less	1123
than ~~twenty-five~~thirty-seven thousand five hundred dollars, a	1124
felony of the third degree;	1125

(d) If the value of the contributions made in the violation	1126
is ~~twenty-five~~thirty-seven thousand five hundred dollars or more,	1127
a felony of the second degree.	1128

(C) Any person who is found guilty of any act or omission	1129
prohibited under this chapter shall forfeit the bond described in	1130
section 1716.05 or 1716.07 of the Revised Code to the state	1131
treasury to the credit of the charitable law fund established	1132
under section 109.32 of the Revised Code and shall be prohibited	1133
from registering with the attorney general or from serving as a	1134
fund-raising counsel or professional solicitor in this state for a	1135
period of five years after conviction.	1136

Sec. 2743.191. (A)(1) There is hereby created in the state	1137
treasury the reparations fund, which shall be used only for the	1138
following purposes:	1139

(a) The payment of awards of reparations that are granted by	1140
the attorney general;	1141

(b) The compensation of any personnel needed by the attorney	1142
general to administer sections 2743.51 to 2743.72 of the Revised	1143
Code;	1144

(c) The compensation of witnesses as provided in division (J)	1145
of section 2743.65 of the Revised Code;	1146

(d) Other administrative costs of hearing and determining	1147
claims for an award of reparations by the attorney general;	1148

(e) The costs of administering sections 2907.28 and 2969.01	1149
to 2969.06 of the Revised Code;	1150

(f) The costs of investigation and decision-making as	1151
certified by the attorney general;	1152

(g) The provision of state financial assistance to victim	1153
assistance programs in accordance with sections 109.91 and 109.92	1154
of the Revised Code;	1155

(h) The costs of paying the expenses of sex offense-related	1156
examinations and antibiotics pursuant to section 2907.28 of the	1157
Revised Code;	1158

(i) The cost of printing and distributing the pamphlet	1159
prepared by the attorney general pursuant to section 109.42 of the	1160
Revised Code;	1161

(j) Subject to division (D) of section 2743.71 of the Revised	1162
Code, the costs associated with the printing and providing of	1163
information cards or other printed materials to law enforcement	1164
agencies and prosecuting authorities and with publicizing the	1165
availability of awards of reparations pursuant to section 2743.71	1166
of the Revised Code;	1167

(k) The payment of costs of administering a DNA specimen	1168
collection procedure pursuant to sections 2152.74 and 2901.07 of	1169
the Revised Code, of performing DNA analysis of those DNA	1170
specimens, and of entering the resulting DNA records regarding	1171
those analyses into the DNA database pursuant to section 109.573	1172
of the Revised Code;	1173

(l) The payment of actual costs associated with initiatives	1174
by the attorney general for the apprehension, prosecution, and	1175
accountability of offenders, and the enhancing of services to	1176
crime victims. The amount of payments made pursuant to division	1177
(A)(1)(l) of this section during any given fiscal year shall not	1178
exceed five per cent of the balance of the reparations fund at the	1179
close of the immediately previous fiscal year;	1180

(m) The costs of administering the adult parole authority's	1181
supervision pursuant to division (E) of section 2971.05 of the	1182
Revised Code of sexually violent predators who are sentenced to a	1183
prison term pursuant to division (A)(3) of section 2971.03 of the	1184
Revised Code and of offenders who are sentenced to a prison term	1185
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	1186
(c), or (B)(3)(a), (b), (c), or (d) of that section;	1187

(n) The costs of installation and monitoring of an electronic	1188
monitoring device used in the monitoring of a respondent pursuant	1189
to an electronic monitoring order issued by a court under division	1190
(E)(1)(b) of section 2903.214 of the Revised Code if the court	1191
determines that the respondent is indigent or in the monitoring of	1192
an offender pursuant to an electronic monitoring order issued	1193
under division (B)(5) of section 2919.27 of the Revised Code if	1194
the court determines that the offender is indigent;	1195

(o) The costs of monitoring an offender by means of a global	1196
positioning device, if the offender is released from prison	1197
pursuant to section 2967.19 of the Revised Code, the court orders	1198
monitoring of the offender by the device pursuant to division (H)	1199
of that section, and the court determines that the offender is	1200
indigent.	1201

(2) All costs paid pursuant to section 2743.70 of the Revised	1202
Code, the portions of license reinstatement fees mandated by	1203
division (F)(2)(b) of section 4511.191 of the Revised Code to be	1204
credited to the fund, the portions of the proceeds of the sale of	1205
a forfeited vehicle specified in division (C)(2) of section	1206
4503.234 of the Revised Code, payments collected by the department	1207
of rehabilitation and correction from prisoners who voluntarily	1208
participate in an approved work and training program pursuant to	1209
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	1210
all moneys collected by the state pursuant to its right of	1211
subrogation provided in section 2743.72 of the Revised Code shall	1212
be deposited in the fund.	1213

(B) In making an award of reparations, the attorney general	1214
shall render the award against the state. The award shall be	1215
accomplished only through the following procedure, and the	1216
following procedure may be enforced by writ of mandamus directed	1217
to the appropriate official:	1218

(1) The attorney general shall provide for payment of the	1219
claimant or providers in the amount of the award only if the	1220
amount of the award is fifty dollars or more.	1221

(2) The expense shall be charged against all available	1222
unencumbered moneys in the fund.	1223

(3) If sufficient unencumbered moneys do not exist in the	1224
fund, the attorney general shall make application for payment of	1225
the award out of the emergency purposes account or any other	1226
appropriation for emergencies or contingencies, and payment out of	1227
this account or other appropriation shall be authorized if there	1228
are sufficient moneys greater than the sum total of then pending	1229
emergency purposes account requests or requests for releases from	1230
the other appropriations.	1231

(4) If sufficient moneys do not exist in the account or any	1232
other appropriation for emergencies or contingencies to pay the	1233
award, the attorney general shall request the general assembly to	1234
make an appropriation sufficient to pay the award, and no payment	1235
shall be made until the appropriation has been made. The attorney	1236
general shall make this appropriation request during the current	1237
biennium and during each succeeding biennium until a sufficient	1238
appropriation is made. If, prior to the time that an appropriation	1239
is made by the general assembly pursuant to this division, the	1240
fund has sufficient unencumbered funds to pay the award or part of	1241
the award, the available funds shall be used to pay the award or	1242
part of the award, and the appropriation request shall be amended	1243
to request only sufficient funds to pay that part of the award	1244
that is unpaid.	1245

(C) The attorney general shall not make payment on a decision	1246
or order granting an award until all appeals have been determined	1247
and all rights to appeal exhausted, except as otherwise provided	1248
in this section. If any party to a claim for an award of	1249
reparations appeals from only a portion of an award, and a	1250
remaining portion provides for the payment of money by the state,	1251
that part of the award calling for the payment of money by the	1252
state and not a subject of the appeal shall be processed for	1253
payment as described in this section.	1254

(D) The attorney general shall prepare itemized bills for the	1255
costs of printing and distributing the pamphlet the attorney	1256
general prepares pursuant to section 109.42 of the Revised Code.	1257
The itemized bills shall set forth the name and address of the	1258
persons owed the amounts set forth in them.	1259

(E) As used in this section, "DNA analysis" and "DNA	1260
specimen" have the same meanings as in section 109.573 of the	1261
Revised Code.	1262

Sec. 2909.03. (A) No person, by means of fire or explosion,	1263
shall knowingly do any of the following:	1264

(1) Cause, or create a substantial risk of, physical harm to	1265
any property of another without the other person's consent;	1266

(2) Cause, or create a substantial risk of, physical harm to	1267
any property of the offender or another, with purpose to defraud;	1268

(3) Cause, or create a substantial risk of, physical harm to	1269
the statehouse or a courthouse, school building, or other building	1270
or structure that is owned or controlled by the state, any	1271
political subdivision, or any department, agency, or	1272
instrumentality of the state or a political subdivision, and that	1273
is used for public purposes;	1274

(4) Cause, or create a substantial risk of, physical harm,	1275
through the offer or the acceptance of an agreement for hire or	1276
other consideration, to any property of another without the other	1277
person's consent or to any property of the offender or another	1278
with purpose to defraud;	1279

(5) Cause, or create a substantial risk of, physical harm to	1280
any park, preserve, wildlands, brush-covered land, cut-over land,	1281
forest, timberland, greenlands, woods, or similar real property	1282
that is owned or controlled by another person, the state, or a	1283
political subdivision without the consent of the other person, the	1284
state, or the political subdivision;	1285

(6) With purpose to defraud, cause, or create a substantial	1286
risk of, physical harm to any park, preserve, wildlands,	1287
brush-covered land, cut-over land, forest, timberland, greenlands,	1288
woods, or similar real property that is owned or controlled by the	1289
offender, another person, the state, or a political subdivision.	1290

(B)(1) Whoever violates this section is guilty of arson.

1291

(2) A violation of division (A)(1) of this section is one of	1292
the following:	1293

(a) Except as otherwise provided in division (B)(2)(b) of	1294
this section, a misdemeanor of the first degree;	1295

(b) If the value of the property or the amount of the	1296
physical harm involved is ~~five hundred~~one thousand dollars or	1297
more, a felony of the fourth degree.	1298

(3) A violation of division (A)(2), (3), (5), or (6) of this	1299
section is a felony of the fourth degree.	1300

(4) A violation of division (A)(4) of this section is a	1301
felony of the third degree.	1302

Sec. 2909.05. (A) No person shall knowingly cause serious	1303
physical harm to an occupied structure or any of its contents.	1304

(B)(1) No person shall knowingly cause physical harm to	1305
property that is owned or possessed by another, when either of the	1306
following applies:	1307

(a) The property is used by its owner or possessor in the	1308
owner's or possessor's profession, business, trade, or occupation,	1309
and the value of the property or the amount of physical harm	1310
involved is ~~five hundred~~one thousand dollars or more;	1311

(b) Regardless of the value of the property or the amount of	1312
damage done, the property or its equivalent is necessary in order	1313
for its owner or possessor to engage in the owner's or possessor's	1314
profession, business, trade, or occupation.	1315

(2) No person shall knowingly cause serious physical harm to	1316
property that is owned, leased, or controlled by a governmental	1317
entity. A governmental entity includes, but is not limited to, the	1318
state or a political subdivision of the state, a school district,	1319
the board of trustees of a public library or public university, or	1320
any other body corporate and politic responsible for governmental	1321
activities only in geographical areas smaller than that of the	1322
state.	1323

(C) No person, without privilege to do so, shall knowingly	1324
cause serious physical harm to any tomb, monument, gravestone, or	1325
other similar structure that is used as a memorial for the dead;	1326
to any fence, railing, curb, or other property that is used to	1327
protect, enclose, or ornament any cemetery; or to a cemetery.	1328

(D) No person, without privilege to do so, shall knowingly	1329
cause physical harm to a place of burial by breaking and entering	1330
into a tomb, crypt, casket, or other structure that is used as a	1331
memorial for the dead or as an enclosure for the dead.	1332

(E) Whoever violates this section is guilty of vandalism.	1333
Except as otherwise provided in this division, vandalism is a	1334
felony of the fifth degree that is punishable by a fine of up to	1335
two thousand five hundred dollars in addition to the penalties	1336
specified for a felony of the fifth degree in sections 2929.11 to	1337
2929.18 of the Revised Code. If the value of the property or the	1338
amount of physical harm involved is ~~five~~seven thousand five	1339
hundred dollars or more but less than one hundred fifty thousand	1340
dollars, vandalism is a felony of the fourth degree. If the	1341
value of the property or the amount of physical harm involved is	1342
one hundred fifty thousand dollars or more, vandalism is a felony	1343
of the third degree.	1344

(F) For purposes of this section:

1345

(1) "Cemetery" means any place of burial and includes burial	1346
sites that contain American Indian burial objects placed with or	1347
containing American Indian human remains.	1348

(2) "Serious physical harm" means physical harm to property	1349
that results in loss to the value of the property of ~~five hundred~~	1350
one thousand dollars or more.	1351

Sec. 2909.11. (A) When a person is charged with a violation	1352
of division (A)(1) of section 2909.03 of the Revised Code	1353
involving property value or an amount of physical harm of ~~five~~	1354
~~hundred~~one thousand dollars or more or with a violation of	1355
section 2909.05 of the Revised Code involving property value or	1356
an amount of physical harm of ~~five hundred~~one thousand dollars	1357
or more, the jury or court trying the accused shall determine the	1358
value of the property or amount of physical harm and, if a guilty	1359
verdict is returned, shall return the finding as part of the	1360
verdict. In any such case, it is unnecessary to find or return	1361
the exact value or amount of physical harm, section 2945.75 of	1362
the Revised Code applies, and it is sufficient if either of the	1363
following applies, as appropriate, relative to the finding and	1364
return of the value or amount of physical harm:	1365

(1) If the finding and return relate to a violation of	1366
division (A)(1) of section 2909.03 of the Revised Code and are	1367
that the value or amount of the physical harm was ~~five hundred~~	1368
one thousand dollars or more, the finding and return shall	1369
include a statement that the value or amount was ~~five hundred~~	1370
one thousand dollars or more.	1371

(2) If the finding and return relate to a violation of	1372
division section 2909.05 of the Revised Code and are that the	1373
value or amount of the physical harm was in any of the following	1374
categories, the finding and return shall include one of the	1375
following statements, as appropriate:	1376

(a) If the finding and return are that the value or amount	1377
was one hundred fifty thousand dollars or more, a statement that	1378
the value or amount was one hundred fifty thousand dollars or	1379
more;	1380

(b) If the finding and return are that the value or amount	1381
was ~~five~~seven thousand five hundred dollars or more but less than	1382
one hundred fifty thousand dollars a statement that the value or	1383
amount was ~~five~~seven thousand five hundred dollars or more but	1384
less than one hundred fifty thousand dollars;	1385

(c) If the finding and return are that the value or amount	1386
was ~~five hundred~~one thousand dollars or more but less than ~~five~~	1387
seven thousand five hundred dollars, a statement that the value	1388
or amount was ~~five hundred~~one thousand dollars or more but	1389
less than ~~five~~seven thousand five hundred dollars.	1390

(B) The following criteria shall be used in determining the	1391
value of property or amount of physical harm involved in a	1392
violation of division (A)(1) of section 2909.03 or section 2909.05	1393
of the Revised Code:	1394

(1) If the property is an heirloom, memento, collector's	1395
item, antique, museum piece, manuscript, document, record, or	1396
other thing that is either irreplaceable or is replaceable only on	1397
the expenditure of substantial time, effort, or money, the value	1398
of the property or the amount of physical harm involved is the	1399
amount that would compensate the owner for its loss.	1400

(2) If the property is not covered under division (B)(1) of	1401
this section and the physical harm is such that the property can	1402
be restored substantially to its former condition, the amount of	1403
physical harm involved is the reasonable cost of restoring the	1404
property.	1405

(3) If the property is not covered under division (B)(1) of	1406
this section and the physical harm is such that the property	1407
cannot be restored substantially to its former condition, the	1408
value of the property, in the case of personal property, is the	1409
cost of replacing the property with new property of like kind and	1410
quality, and, in the case of real property or real property	1411
fixtures, is the difference in the fair market value of the	1412
property immediately before and immediately after the offense.	1413

(C) As used in this section, "fair market value" has the same	1414
meaning as in section 2913.61 of the Revised Code.	1415

(D) Prima-facie evidence of the value of property, as	1416
provided in division (E) of section 2913.61 of the Revised Code,	1417
may be used to establish the value of property pursuant to this	1418
section.	1419

Sec. 2913.02. (A) No person, with purpose to deprive the	1420
owner of property or services, shall knowingly obtain or exert	1421
control over either the property or services in any of the	1422
following ways:	1423

(1) Without the consent of the owner or person authorized to	1424
give consent;	1425

(2) Beyond the scope of the express or implied consent of the	1426
owner or person authorized to give consent;	1427

(3) By deception;

1428

(4) By threat;

1429

(5) By intimidation.

1430

(B)(1) Whoever violates this section is guilty of theft.

1431

(2) Except as otherwise provided in this division or division	1432
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of	1433
this section is petty theft, a misdemeanor of the first degree. If	1434
the value of the property or services stolen is ~~five hundred~~one	1435
thousand dollars or more and is less than ~~five~~seven thousand five	1436
hundred dollars or if the property stolen is any of the property	1437
listed in section 2913.71 of the Revised Code, a violation of this	1438
section is theft, a felony of the fifth degree. If the value of	1439
the property or services stolen is ~~five~~seven thousand five	1440
hundred dollars or more and is less than one hundred fifty	1441
thousand dollars, a violation of this section is grand theft, a	1442
felony of the fourth degree. If the value of the property or	1443
services stolen is one hundred fifty thousand dollars or more and	1444
is less than ~~five~~seven hundred fifty thousand dollars, a	1445
violation of this section is aggravated theft, a felony of the	1446
third degree. If the value of the property or services is ~~five~~	1447
seven hundred fifty thousand dollars or more and is less than	1448
one million five hundred thousand dollars, a violation of this	1449
section is aggravated theft, a felony of the second degree. If	1450
the value of the property or services stolen is one million five	1451
hundred thousand dollars or more, a violation of this section is	1452
aggravated theft of one million five hundred thousand dollars or	1453
more, a felony of the first degree.	1454

(3) Except as otherwise provided in division (B)(4), (5),	1455
(6), (7), or (8) of this section, if the victim of the offense is	1456
an elderly person or disabled adult, a violation of this section	1457
is theft from an elderly person or disabled adult, and division	1458
(B)(3) of this section applies. Except as otherwise provided in	1459
this division, theft from an elderly person or disabled adult is a	1460
felony of the fifth degree. If the value of the property or	1461
services stolen is ~~five hundred~~one thousand dollars or more and	1462
is less than ~~five~~seven thousand five hundred dollars, theft from	1463
an elderly person or disabled adult is a felony of the fourth	1464
degree. If the value of the property or services stolen is ~~five~~	1465
seven thousand five hundred dollars or more and is less than	1466
~~twenty-five~~thirty-seven thousand five hundred dollars, theft from	1467
an elderly person or disabled adult is a felony of the third	1468
degree. If the value of the property or services stolen is	1469
~~twenty-five~~thirty-seven thousand five hundred dollars or more and	1470
is less than one hundred fifty thousand dollars, theft from an	1471
elderly person or disabled adult is a felony of the second degree.	1472
If the value of the property or services stolen is one hundred	1473
fifty thousand dollars or more, theft from an elderly person or	1474
disabled adult is a felony of the first degree.	1475

(4) If the property stolen is a firearm or dangerous	1476
ordnance, a violation of this section is grand theft. Except as	1477
otherwise provided in this division, grand theft when the property	1478
stolen is a firearm or dangerous ordnance is a felony of the third	1479
degree, and there is a presumption in favor of the court imposing	1480
a prison term for the offense. If the firearm or dangerous	1481
ordnance was stolen from a federally licensed firearms dealer,	1482
grand theft when the property stolen is a firearm or dangerous	1483
ordnance is a felony of the first degree. The offender shall serve	1484
a prison term imposed for grand theft when the property stolen is	1485
a firearm or dangerous ordnance consecutively to any other prison	1486
term or mandatory prison term previously or subsequently imposed	1487
upon the offender.	1488

(5) If the property stolen is a motor vehicle, a violation of	1489
this section is grand theft of a motor vehicle, a felony of the	1490
fourth degree.	1491

(6) If the property stolen is any dangerous drug, a violation	1492
of this section is theft of drugs, a felony of the fourth degree,	1493
or, if the offender previously has been convicted of a felony drug	1494
abuse offense, a felony of the third degree.	1495

(7) If the property stolen is a police dog or horse or an	1496
assistance dog and the offender knows or should know that the	1497
property stolen is a police dog or horse or an assistance dog, a	1498
violation of this section is theft of a police dog or horse or an	1499
assistance dog, a felony of the third degree.	1500

(8) If the property stolen is anhydrous ammonia, a violation	1501
of this section is theft of anhydrous ammonia, a felony of the	1502
third degree.	1503

(9) In addition to the penalties described in division (B)(2)	1504
of this section, if the offender committed the violation by	1505
causing a motor vehicle to leave the premises of an establishment	1506
at which gasoline is offered for retail sale without the offender	1507
making full payment for gasoline that was dispensed into the fuel	1508
tank of the motor vehicle or into another container, the court may	1509
do one of the following:	1510

(a) Unless division (B)(9)(b) of this section applies,	1511
suspend for not more than six months the offender's driver's	1512
license, probationary driver's license, commercial driver's	1513
license, temporary instruction permit, or nonresident operating	1514
privilege;	1515

(b) If the offender's driver's license, probationary driver's	1516
license, commercial driver's license, temporary instruction	1517
permit, or nonresident operating privilege has previously been	1518
suspended pursuant to division (B)(9)(a) of this section, impose a	1519
class seven suspension of the offender's license, permit, or	1520
privilege from the range specified in division (A)(7) of section	1521
4510.02 of the Revised Code, provided that the suspension shall be	1522
for at least six months.	1523

(10) In addition to the penalties described in division	1524
(B)(2) of this section, if the offender committed the violation by	1525
stealing rented property or rental services, the court may order	1526
that the offender make restitution pursuant to section 2929.18 or	1527
2929.28 of the Revised Code. Restitution may include, but is not	1528
limited to, the cost of repairing or replacing the stolen	1529
property, or the cost of repairing the stolen property and any	1530
loss of revenue resulting from deprivation of the property due to	1531
theft of rental services that is less than or equal to the actual	1532
value of the property at the time it was rented. Evidence of	1533
intent to commit theft of rented property or rental services	1534
shall be determined pursuant to the provisions of section	1535
2913.72 of the Revised Code.	1536

(C) The sentencing court that suspends an offender's license,	1537
permit, or nonresident operating privilege under division (B)(9)	1538
of this section may grant the offender limited driving privileges	1539
during the period of the suspension in accordance with Chapter	1540
4510. of the Revised Code.	1541

Sec. 2913.03. (A) No person shall knowingly use or operate	1542
an aircraft, motor vehicle, motorcycle, motorboat, or other	1543
motor-propelled vehicle without the consent of the owner or person	1544
authorized to give consent.	1545

(B) No person shall knowingly use or operate an aircraft,	1546
motor vehicle, motorboat, or other motor-propelled vehicle without	1547
the consent of the owner or person authorized to give consent, and	1548
either remove it from this state or keep possession of it for more	1549
than forty-eight hours.	1550

(C) The following are affirmative defenses to a charge under	1551
this section:	1552

(1) At the time of the alleged offense, the actor, though	1553
mistaken, reasonably believed that the actor was authorized to use	1554
or operate the property.	1555

(2) At the time of the alleged offense, the actor reasonably	1556
believed that the owner or person empowered to give consent would	1557
authorize the actor to use or operate the property.	1558

(D)(1) Whoever violates this section is guilty of	1559
unauthorized use of a vehicle.	1560

(2) Except as otherwise provided in division (D)(4) of this	1561
section, a violation of division (A) of this section is a	1562
misdemeanor of the first degree.	1563

(3) Except as otherwise provided in division (D)(4) of this	1564
section, a violation of division (B) of this section is a felony	1565
of the fifth degree.	1566

(4) If the victim of the offense is an elderly person or	1567
disabled adult and if the victim incurs a loss as a result of the	1568
violation, a violation of division (A) or (B) of this section is	1569
whichever of the following is applicable:	1570

(a) Except as otherwise provided in division (D)(4)(b), (c),	1571
or (d)~~, or (e)~~ of this section, a felony of the fifth degree;	1572

(b) If the loss to the victim is ~~five hundred~~one thousand	1573
dollars or more and is less than ~~five~~seven thousand five hundred	1574
dollars, a felony of the fourth degree;	1575

(c) If the loss to the victim is ~~five~~seven thousand five	1576
hundred dollars or more and is less than ~~twenty-five~~	1577
thirty-seven thousand five hundred dollars, a felony of the	1578
third degree;	1579

(d) If the loss to the victim is ~~twenty-five~~thirty-seven	1580
thousand five hundred dollars or more, a felony of the second	1581
degree.	1582

Sec. 2913.04. (A) No person shall knowingly use or operate	1583
the property of another without the consent of the owner or person	1584
authorized to give consent.	1585

(B) No person, in any manner and by any means, including, but	1586
not limited to, computer hacking, shall knowingly gain access to,	1587
attempt to gain access to, or cause access to be gained to any	1588
computer, computer system, computer network, cable service, cable	1589
system, telecommunications device, telecommunications service, or	1590
information service without the consent of, or beyond the scope of	1591
the express or implied consent of, the owner of the computer,	1592
computer system, computer network, cable service, cable system,	1593
telecommunications device, telecommunications service, or	1594
information service or other person authorized to give consent.	1595

(C) No person shall knowingly gain access to, attempt to gain	1596
access to, cause access to be granted to, or disseminate	1597
information gained from access to the law enforcement automated	1598
database system created pursuant to section 5503.10 of the Revised	1599
Code without the consent of, or beyond the scope of the express or	1600
implied consent of, the chair of the law enforcement automated	1601
data system steering committee.	1602

(D) The affirmative defenses contained in division (C) of	1603
section 2913.03 of the Revised Code are affirmative defenses to a	1604
charge under this section.	1605

(E)(1) Whoever violates division (A) of this section is	1606
guilty of unauthorized use of property.	1607

(2) Except as otherwise provided in division (E)(3) or (4) of	1608
this section, unauthorized use of property is a misdemeanor of the	1609
fourth degree.	1610

(3) Except as otherwise provided in division (E)(4) of this	1611
section, if unauthorized use of property is committed for the	1612
purpose of devising or executing a scheme to defraud or to obtain	1613
property or services, unauthorized use of property is whichever of	1614
the following is applicable:	1615

(a) Except as otherwise provided in division (E)(3)(b), (c),	1616
or (d) of this section, a misdemeanor of the first degree.	1617

(b) If the value of the property or services or the loss to	1618
the victim is ~~five hundred~~one thousand dollars or more and is	1619
less than ~~five~~seven thousand five hundred dollars, a felony of	1620
the fifth degree.	1621

(c) If the value of the property or services or the loss to	1622
the victim is ~~five~~seven thousand five hundred dollars or more and	1623
is less than one hundred fifty thousand dollars, a felony of the	1624
fourth degree.	1625

(d) If the value of the property or services or the loss to	1626
the victim is one hundred fifty thousand dollars or more, a felony	1627
of the third degree.	1628

(4) If the victim of the offense is an elderly person or	1629
disabled adult, unauthorized use of property is whichever of the	1630
following is applicable:	1631

(a) Except as otherwise provided in division (E)(4)(b), (c),	1632
or (d) of this section, a felony of the fifth degree;	1633

(b) If the value of the property or services or loss to the	1634
victim is ~~five hundred~~one thousand dollars or more and is less	1635
than ~~five~~seven thousand five hundred dollars, a felony of the	1636
fourth degree;	1637

(c) If the value of the property or services or loss to the	1638
victim is ~~five~~seven thousand five hundred dollars or more and is	1639
less than ~~twenty-five~~thirty-seven thousand five hundred dollars,	1640
a felony of the third degree;	1641

(d) If the value of the property or services or loss to the	1642
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1643
or more, a felony of the second degree.	1644

(F)(1) Whoever violates division (B) of this section is	1645
guilty of unauthorized use of computer, cable, or	1646
telecommunication property, and shall be punished as provided in	1647
division (F)(2), (3), or (4) of this section.	1648

(2) Except as otherwise provided in division (F)(3) or (4) of	1649
this section, unauthorized use of computer, cable, or	1650
telecommunication property is a felony of the fifth degree.	1651

(3) Except as otherwise provided in division (F)(4) of this	1652
section, if unauthorized use of computer, cable, or	1653
telecommunication property is committed for the purpose of	1654
devising or executing a scheme to defraud or to obtain property or	1655
services, for obtaining money, property, or services by false or	1656
fraudulent pretenses, or for committing any other criminal	1657
offense, unauthorized use of computer, cable, or telecommunication	1658
property is whichever of the following is applicable:	1659

(a) Except as otherwise provided in division (F)(3)(b) of	1660
this section, if the value of the property or services involved or	1661
the loss to the victim is ~~five~~seven thousand five hundred dollars	1662
or more and less than one hundred fifty thousand dollars, a	1663
felony of the fourth degree;	1664

(b) If the value of the property or services involved or the	1665
loss to the victim is one hundred fifty thousand dollars or more,	1666
a felony of the third degree.	1667

(4) If the victim of the offense is an elderly person or	1668
disabled adult, unauthorized use of computer, cable, or	1669
telecommunication property is whichever of the following is	1670
applicable:	1671

(a) Except as otherwise provided in division (F)(4)(b), (c),	1672
or (d) of this section, a felony of the fifth degree;	1673

(b) If the value of the property or services or loss to the	1674
victim is ~~five hundred~~one thousand dollars or more and is less	1675
than ~~five~~seven thousand five hundred dollars, a felony of the	1676
fourth degree;	1677

(c) If the value of the property or services or loss to the	1678
victim is ~~five~~seven thousand five hundred dollars or more and is	1679
less than ~~twenty-five~~thirty-seven thousand five hundred	1680
dollars, a felony of the third degree;	1681

(d) If the value of the property or services or loss to the	1682
victim is ~~twenty-five~~thirty-seven thousand five hundred dollars	1683
or more, a felony of the second degree.	1684

(G) Whoever violates division (C) of this section is guilty	1685
of unauthorized use of the law enforcement automated database	1686
system, a felony of the fifth degree.	1687

(H) As used in this section:

1688

(1) "Cable operator" means any person or group of persons	1689
that does either of the following:	1690

(a) Provides cable service over a cable system and directly	1691
or through one or more affiliates owns a significant interest in	1692
that cable system;	1693

(b) Otherwise controls or is responsible for, through any	1694
arrangement, the management and operation of a cable system.	1695

(2) "Cable service" means any of the following:

1696

(a) The one-way transmission to subscribers of video	1697
programming or of information that a cable operator makes	1698
available to all subscribers generally;	1699

(b) Subscriber interaction, if any, that is required for the	1700
selection or use of video programming or of information that a	1701
cable operator makes available to all subscribers generally, both	1702
as described in division (H)(2)(a) of this section;	1703

1704

(3) "Cable system" means any facility, consisting of a set of	1705
closed transmission paths and associated signal generation,	1706
reception, and control equipment that is designed to provide cable	1707
service that includes video programming and that is provided to	1708
multiple subscribers within a community. "Cable system" does not	1709
include any of the following:	1710

(a) Any facility that serves only to retransmit the	1711
television signals of one or more television broadcast stations;	1712

(b) Any facility that serves subscribers without using any	1713
public right-of-way;	1714

(c) Any facility of a common carrier that, under 47 U.S.C.A.	1715
522(7)(c), is excluded from the term "cable system" as defined in	1716
47 U.S.C.A. 522(7);	1717

(d) Any open video system that complies with 47 U.S.C.A. 573;

1718

(e) Any facility of any electric utility used solely for	1719
operating its electric utility system.	1720

Sec. 2913.11. (A) As used in this section:

1721

(1) "Check" includes any form of debit from a demand deposit	1722
account, including, but not limited to any of the following:	1723

(a) A check, bill of exchange, draft, order of withdrawal, or	1724
similar negotiable or non-negotiable instrument;	1725

(b) An electronic check, electronic transaction, debit card	1726
transaction, check card transaction, substitute check, web check,	1727
or any form of automated clearing house transaction.	1728

(2) "Issue a check" means causing any form of debit from a	1729
demand deposit account.	1730

(B) No person, with purpose to defraud, shall issue or	1731
transfer or cause to be issued or transferred a check or other	1732
negotiable instrument, knowing that it will be dishonored or	1733
knowing that a person has ordered or will order stop payment on	1734
the check or other negotiable instrument.	1735

(C) For purposes of this section, a person who issues or	1736
transfers a check or other negotiable instrument is presumed to	1737
know that it will be dishonored if either of the following occurs:	1738

(1) The drawer had no account with the drawee at the time of	1739
issue or the stated date, whichever is later;	1740

(2) The check or other negotiable instrument was properly	1741
refused payment for insufficient funds upon presentment within	1742
thirty days after issue or the stated date, whichever is later,	1743
and the liability of the drawer, indorser, or any party who may be	1744
liable thereon is not discharged by payment or satisfaction within	1745
ten days after receiving notice of dishonor.	1746

(D) For purposes of this section, a person who issues or	1747
transfers a check, bill of exchange, or other draft is presumed	1748
to have the purpose to defraud if the drawer fails to comply	1749
with section 1349.16 of the Revised Code by doing any of the	1750
following when opening a checking account intended for personal,	1751
family, or household purposes at a financial institution:	1752

(1) Falsely stating that the drawer has not been issued a	1753
valid driver's or commercial driver's license or identification	1754
card issued under section 4507.50 of the Revised Code;	1755

(2) Furnishing such license or card, or another	1756
identification document that contains false information;	1757

(3) Making a false statement with respect to the drawer's	1758
current address or any additional relevant information reasonably	1759
required by the financial institution.	1760

(E) In determining the value of the payment for purposes of	1761
division (F) of this section, the court may aggregate all checks	1762
and other negotiable instruments that the offender issued or	1763
transferred or caused to be issued or transferred in violation of	1764
division (A) of this section within a period of one hundred eighty	1765
consecutive days.	1766

(F) Whoever violates this section is guilty of passing bad	1767
checks. Except as otherwise provided in this division, passing bad	1768
checks is a misdemeanor of the first degree. If the check or	1769
checks or other negotiable instrument or instruments are issued or	1770
transferred to a single vendor or single other person for the	1771
payment of ~~five hundred~~one thousand dollars or more but less than	1772
~~five~~seven thousand five hundred dollars or if the check or	1773
checks or other negotiable instrument or instruments are issued	1774
or transferred to multiple vendors or persons for the payment	1775
of one thousand five hundred dollars or more but less than ~~five~~	1776
seven thousand five hundred dollars, passing bad checks is a	1777
felony of the fifth degree. If the check or checks or other	1778
negotiable instrument or instruments are for the payment of ~~five~~	1779
seven thousand five hundred dollars or more but less than one	1780
hundred fifty thousand dollars, passing bad checks is a felony of	1781
the fourth degree. If the check or checks or other negotiable	1782
instrument or instruments are for the payment of one hundred	1783
fifty thousand dollars or more, passing bad checks is a felony of	1784
the third degree.	1785

Sec. 2913.21. (A) No person shall do any of the following:

1786

(1) Practice deception for the purpose of procuring the	1787
issuance of a credit card, when a credit card is issued in actual	1788
reliance thereon;	1789

(2) Knowingly buy or sell a credit card from or to a person	1790
other than the issuer.	1791

(B) No person, with purpose to defraud, shall do any of the	1792
following:	1793

(1) Obtain control over a credit card as security for a debt;

1794

(2) Obtain property or services by the use of a credit card,	1795
in one or more transactions, knowing or having reasonable cause to	1796
believe that the card has expired or been revoked, or was	1797
obtained, is retained, or is being used in violation of law;	1798

(3) Furnish property or services upon presentation of a	1799
credit card, knowing that the card is being used in violation of	1800
law;	1801

(4) Represent or cause to be represented to the issuer of a	1802
credit card that property or services have been furnished, knowing	1803
that the representation is false.	1804

(C) No person, with purpose to violate this section, shall	1805
receive, possess, control, or dispose of a credit card.	1806

(D)(1) Whoever violates this section is guilty of misuse of	1807
credit cards.	1808

(2) Except as otherwise provided in division (D)(4) of this	1809
section, a violation of division (A), (B)(1), or (C) of this	1810
section is a misdemeanor of the first degree.	1811

(3) Except as otherwise provided in this division or division	1812
(D)(4) of this section, a violation of division (B)(2), (3), or	1813
(4) of this section is a misdemeanor of the first degree. If the	1814
cumulative retail value of the property and services involved in	1815
one or more violations of division (B)(2), (3), or (4) of this	1816
section, which violations involve one or more credit card accounts	1817
and occur within a period of ninety consecutive days commencing on	1818
the date of the first violation, is ~~five hundred~~one thousand	1819
dollars or more and is less than ~~five~~seven thousand five hundred	1820
dollars, misuse of credit cards in violation of any of those	1821
divisions is a felony of the fifth degree. If the cumulative	1822
retail value of the property and services involved in one or	1823
more violations of division (B)(2), (3), or (4) of this	1824
section, which violations involve one or more credit card	1825
accounts and occur within a period of ninety consecutive days	1826
commencing on the date of the first violation, is ~~five~~seven	1827
thousand five hundred dollars or more and is less than one hundred	1828
fifty thousand dollars, misuse of credit cards in violation of	1829
any of those divisions is a felony of the fourth degree. If the	1830
cumulative retail value of the property and services involved in	1831
one or more violations of division (B)(2), (3), or (4) of this	1832
section, which violations involve one or more credit card accounts	1833
and occur within a period of ninety consecutive days commencing on	1834
the date of the first violation, is one hundred fifty thousand	1835
dollars or more, misuse of credit cards in violation of any of	1836
those divisions is a felony of the third degree.	1837

(4) If the victim of the offense is an elderly person or	1838
disabled adult, and if the offense involves a violation of	1839
division (B)(1) or (2) of this section, division (D)(4) of this	1840
section applies. Except as otherwise provided in division (D)(4)	1841
of this section, a violation of division (B)(1) or (2) of this	1842
section is a felony of the fifth degree. If the debt for which the	1843
card is held as security or the cumulative retail value of the	1844
property or services involved in the violation is ~~five hundred~~	1845
one thousand dollars or more and is less than ~~five~~seven thousand	1846
five hundred dollars, a violation of either of those divisions	1847
is a felony of the fourth degree. If the debt for which the	1848
card is held as security or the cumulative retail value of the	1849
property or services involved in the violation is ~~five~~seven	1850
thousand five hundred dollars or more and is less than	1851
~~twenty-five~~thirty-seven thousand five hundred dollars, a	1852
violation of either of those divisions is a felony of the	1853
third degree. If the debt for which the card is held as	1854
security or the cumulative retail value of the property or	1855
services involved in the violation is ~~twenty-five~~thirty-seven	1856
thousand five hundred dollars or more, a violation of either of	1857
those divisions is a felony of the second degree.	1858

Sec. 2913.31. (A) No person, with purpose to defraud, or	1859
knowing that the person is facilitating a fraud, shall do any of	1860
the following:	1861

(1) Forge any writing of another without the other person's	1862
authority;	1863

(2) Forge any writing so that it purports to be genuine when	1864
it actually is spurious, or to be the act of another who did not	1865
authorize that act, or to have been executed at a time or place or	1866
with terms different from what in fact was the case, or to be a	1867
copy of an original when no such original existed;	1868

(3) Utter, or possess with purpose to utter, any writing that	1869
the person knows to have been forged.	1870

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

1871

(1) Forge an identification card;

1872

(2) Sell or otherwise distribute a card that purports to be	1873
an identification card, knowing it to have been forged.	1874

As used in this division, "identification card" means a card	1875
that includes personal information or characteristics of an	1876
individual, a purpose of which is to establish the identity of the	1877
bearer described on the card, whether the words "identity,"	1878
"identification," "identification card," or other similar words	1879
appear on the card.	1880

(C)(1)(a) Whoever violates division (A) of this section is	1881
guilty of forgery.	1882

(b) Except as otherwise provided in this division or division	1883
(C)(1)(c) of this section, forgery is a felony of the fifth	1884
degree. If property or services are involved in the offense or	1885
the victim suffers a loss, forgery is one of the following:	1886

(i) If the value of the property or services or the loss to	1887
the victim is ~~five~~seven thousand five hundred dollars or more and	1888
is less than one hundred fifty thousand dollars, a felony of the	1889
fourth degree;	1890

(ii) If the value of the property or services or the loss to	1891
the victim is one hundred fifty thousand dollars or more, a felony	1892
of the third degree.	1893

(c) If the victim of the offense is an elderly person or	1894
disabled adult, division (C)(1)(c) of this section applies to the	1895
forgery. Except as otherwise provided in division (C)(1)(c) of	1896
this section, forgery is a felony of the fifth degree. If property	1897
or services are involved in the offense or if the victim suffers a	1898
loss, forgery is one of the following:	1899

(i) If the value of the property or services or the loss to	1900
the victim is ~~five hundred~~one thousand dollars or more and is	1901
less than ~~five~~seven thousand five hundred dollars, a felony of	1902
the fourth degree;	1903

(ii) If the value of the property or services or the loss to	1904
the victim is ~~five~~seven thousand five hundred dollars or more and	1905
is less than ~~twenty-five~~thirty-seven thousand five hundred	1906
dollars, a felony of the third degree;	1907

(iii) If the value of the property or services or the loss to	1908
the victim is ~~twenty-five~~thirty-seven thousand five hundred	1909
dollars or more, a felony of the second degree.	1910

(2) Whoever violates division (B) of this section is guilty	1911
of forging identification cards or selling or distributing forged	1912
identification cards. Except as otherwise provided in this	1913
division, forging identification cards or selling or distributing	1914
forged identification cards is a misdemeanor of the first degree.	1915
If the offender previously has been convicted of a violation of	1916
division (B) of this section, forging identification cards or	1917
selling or distributing forged identification cards is a	1918
misdemeanor of the first degree and, in addition, the court shall	1919
impose upon the offender a fine of not less than two hundred fifty	1920
dollars.	1921

Sec. 2913.32. (A) No person, with purpose to defraud, or	1922
knowing that the person is facilitating a fraud, shall do any of	1923
the following:	1924

(1) Make or alter any object so that it appears to have value	1925
because of antiquity, rarity, curiosity, source, or authorship,	1926
which it does not in fact possess;	1927

(2) Practice deception in making, retouching, editing, or	1928
reproducing any photograph, movie film, video tape, phonograph	1929
record, or recording tape;	1930

(3) Falsely or fraudulently make, simulate, forge, alter, or	1931
counterfeit any wrapper, label, stamp, cork, or cap prescribed by	1932
the liquor control commission under Chapters 4301. and 4303. of	1933
the Revised Code, falsely or fraudulently cause to be made,	1934
simulated, forged, altered, or counterfeited any wrapper, label,	1935
stamp, cork, or cap prescribed by the liquor control commission	1936
under Chapters 4301. and 4303. of the Revised Code, or use more	1937
than once any wrapper, label, stamp, cork, or cap prescribed by	1938
the liquor control commission under Chapters 4301. and 4303. of	1939
the Revised Code.	1940

(4) Utter, or possess with purpose to utter, any object that	1941
the person knows to have been simulated as provided in division	1942
(A)(1), (2), or (3) of this section.	1943

(B) Whoever violates this section is guilty of criminal	1944
simulation. Except as otherwise provided in this division,	1945
criminal simulation is a misdemeanor of the first degree. If the	1946
loss to the victim is ~~five hundred~~one thousand dollars or more	1947
and is less than ~~five~~seven thousand five hundred dollars,	1948
criminal simulation is a felony of the fifth degree. If the	1949
loss to the victim is ~~five~~seven thousand five hundred dollars	1950
or more and is less than one hundred fifty thousand dollars,	1951
criminal simulation is a felony of the fourth degree. If the	1952
loss to the victim is one hundred fifty thousand dollars or more,	1953
criminal simulation is a felony of the third degree.	1954

Sec. 2913.34. (A) No person shall knowingly do any of the	1955
following:	1956

(1) Attach, affix, or otherwise use a counterfeit mark in	1957
connection with the manufacture of goods or services, whether or	1958
not the goods or services are intended for sale or resale;	1959

(2) Possess, sell, or offer for sale tools, machines,	1960
instruments, materials, articles, or other items of personal	1961
property with the knowledge that they are designed for the	1962
production or reproduction of counterfeit marks;	1963

(3) Purchase or otherwise acquire goods, and keep or	1964
otherwise have the goods in the person's possession, with the	1965
knowledge that a counterfeit mark is attached to, affixed to, or	1966
otherwise used in connection with the goods and with the intent to	1967
sell or otherwise dispose of the goods;	1968

(4) Sell, offer for sale, or otherwise dispose of goods with	1969
the knowledge that a counterfeit mark is attached to, affixed to,	1970
or otherwise used in connection with the goods;	1971

(5) Sell, offer for sale, or otherwise provide services with	1972
the knowledge that a counterfeit mark is used in connection with	1973
that sale, offer for sale, or other provision of the services.	1974

(B)(1) Whoever violates this section is guilty of trademark	1975
counterfeiting.	1976

(2) Except as otherwise provided in this division, a	1977
violation of division (A)(1) of this section is a felony of the	1978
fifth degree. Except as otherwise provided in this division, if	1979
the cumulative sales price of the goods or services to which or in	1980
connection with which the counterfeit mark is attached, affixed,	1981
or otherwise used in the offense is five thousand dollars or more	1982
but less than one hundred thousand dollars or if the number of	1983
units of goods to which or in connection with which the	1984
counterfeit mark is attached, affixed, or otherwise used in the	1985
offense is more than one hundred units but less than one thousand	1986
units, a violation of division (A)(1) of this section is a felony	1987
of the fourth degree. If the cumulative sales price of the goods	1988
or services to which or in connection with which the counterfeit	1989
mark is attached, affixed, or otherwise used in the offense is one	1990
hundred thousand dollars or more or if the number of units of	1991
goods to which or in connection with which the counterfeit mark is	1992
attached, affixed, or otherwise used in the offense is one	1993
thousand units or more, a violation of division (A)(1) of this	1994
section is a felony of the third degree.	1995

(3) Except as otherwise provided in this division, a	1996
violation of division (A)(2) of this section is a misdemeanor of	1997
the first degree. If the circumstances of the violation indicate	1998
that the tools, machines, instruments, materials, articles, or	1999
other items of personal property involved in the violation were	2000
intended for use in the commission of a felony, a violation of	2001
division (A)(2) of this section is a felony of the fifth degree.	2002

(4) Except as otherwise provided in this division, a	2003
violation of division (A)(3), (4), or (5) of this section is a	2004
misdemeanor of the first degree. Except as otherwise provided in	2005
this division, if the cumulative sales price of the goods or	2006
services to which or in connection with which the counterfeit mark	2007
is attached, affixed, or otherwise used in the offense is ~~five~~	2008
~~hundred~~one thousand dollars or more but less than ~~five~~seven	2009
thousand five hundred dollars, a violation of division (A)(3),	2010
(4), or (5) of this section is a felony of the fifth degree.	2011
Except as otherwise provided in this division, if the	2012
cumulative sales price of the goods or services to which or in	2013
connection with which the counterfeit mark is attached, affixed,	2014
or otherwise used in the offense is ~~five~~seven thousand five	2015
hundred dollars or more but less than one hundred fifty thousand	2016
dollars or if the number of units of goods to which or in	2017
connection with which the counterfeit mark is attached, affixed,	2018
or otherwise used in the offense is more than one hundred units	2019
but less than one thousand units, a violation of division	2020
(A)(3), (4), or (5) of this section is a felony of the fourth	2021
degree. If the cumulative sales price of the goods or services	2022
to which or in connection with which the counterfeit mark is	2023
attached, affixed, or otherwise used in the offense is one	2024
hundred fifty thousand dollars or more or if the number of units	2025
of goods to which or in connection with which the counterfeit	2026
mark is attached, affixed, or otherwise used in the offense is	2027
one thousand units or more, a violation of division (A)(3),	2028
(4), or (5) of this section is a felony of the third degree.	2029

(C) A defendant may assert as an affirmative defense to a	2030
charge of a violation of this section defenses, affirmative	2031
defenses, and limitations on remedies that would be available in a	2032
civil, criminal, or administrative action or proceeding under the	2033
"Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1051-1127, as	2034
amended, "The Trademark Counterfeiting Act of 1984," 98 Stat.	2035
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or another section	2036
of the Revised Code, or common law.	2037

(D)(1) Law enforcement officers may seize pursuant to	2038
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code	2039
either of the following:	2040

(a) Goods to which or in connection with which a person	2041
attached, affixed, otherwise used, or intended to attach, affix,	2042
or otherwise use a counterfeit mark in violation of this section;	2043

(b) Tools, machines, instruments, materials, articles,	2044
vehicles, or other items of personal property that are possessed,	2045
sold, offered for sale, or used in a violation of this section or	2046
in an attempt to commit or complicity in the commission of a	2047
violation of this section.	2048

(2) Notwithstanding any contrary provision of Chapter 2981.	2049
of the Revised Code, if a person is convicted of or pleads guilty	2050
to a violation of this section, an attempt to violate this	2051
section, or complicity in a violation of this section, the court	2052
involved shall declare that the goods described in division	2053
(D)(1)(a) of this section and the personal property described in	2054
division (D)(1)(b) of this section are contraband and are	2055
forfeited. Prior to the court's entry of judgment under Criminal	2056
Rule 32, the owner of a registered trademark or service mark that	2057
is the subject of the counterfeit mark may recommend a manner in	2058
which the forfeited goods and forfeited personal property should	2059
be disposed of. If that owner makes a timely recommendation of a	2060
manner of disposition, the court is not bound by the	2061
recommendation. If that owner makes a timely recommendation of a	2062
manner of disposition, the court may include in its entry of	2063
judgment an order that requires appropriate persons to dispose of	2064
the forfeited goods and forfeited personal property in the	2065
recommended manner. If that owner fails to make a timely	2066
recommendation of a manner of disposition or if that owner makes a	2067
timely recommendation of the manner of disposition but the court	2068
determines to not follow the recommendation, the court shall	2069
include in its entry of judgment an order that requires the law	2070
enforcement agency that employs the law enforcement officer who	2071
seized the forfeited goods or the forfeited personal property to	2072
destroy them or cause their destruction.	2073

(E) This section does not affect the rights of an owner of a	2074
trademark or a service mark, or the enforcement in a civil action	2075
or in administrative proceedings of the rights of an owner of a	2076
trademark or a service mark, under the "Lanham Act," 60 Stat.	2077
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark	2078
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as	2079
amended, Chapter 1329. or another section of the Revised Code, or	2080
common law.	2081

(F) As used in this section:

2082

(1)(a) Except as provided in division (F)(1)(b) of this	2083
section, "counterfeit mark" means a spurious trademark or a	2084
spurious service mark that satisfies both of the following:	2085

(i) It is identical with or substantially indistinguishable	2086
from a mark that is registered on the principal register in the	2087
United States patent and trademark office for the same goods or	2088
services as the goods or services to which or in connection with	2089
which the spurious trademark or spurious service mark is attached,	2090
affixed, or otherwise used or from a mark that is registered with	2091
the secretary of state pursuant to sections 1329.54 to 1329.67 of	2092
the Revised Code for the same goods or services as the goods or	2093
services to which or in connection with which the spurious	2094
trademark or spurious service mark is attached, affixed, or	2095
otherwise used, and the owner of the registration uses the	2096
registered mark, whether or not the offender knows that the mark	2097
is registered in a manner described in division (F)(1)(a)(i) of	2098
this section.	2099

(ii) Its use is likely to cause confusion or mistake or to	2100
deceive other persons.	2101

(b) "Counterfeit mark" does not include a mark or other	2102
designation that is attached to, affixed to, or otherwise used in	2103
connection with goods or services if the holder of the right to	2104
use the mark or other designation authorizes the manufacturer,	2105
producer, or vendor of those goods or services to attach, affix,	2106
or otherwise use the mark or other designation in connection with	2107
those goods or services at the time of their manufacture,	2108
production, or sale.	2109

(2) "Cumulative sales price" means the product of the lowest	2110
single unit sales price charged or sought to be charged by an	2111
offender for goods to which or in connection with which a	2112
counterfeit mark is attached, affixed, or otherwise used or of the	2113
lowest single service transaction price charged or sought to be	2114
charged by an offender for services in connection with which a	2115
counterfeit mark is used, multiplied by the total number of those	2116
goods or services, whether or not units of goods are sold or are	2117
in an offender's possession, custody, or control.	2118

(3) "Registered trademark or service mark" means a trademark	2119
or service mark that is registered in a manner described in	2120
division (F)(1) of this section.	2121

(4) "Trademark" and "service mark" have the same meanings as	2122
in section 1329.54 of the Revised Code.	2123

Sec. 2913.40. (A) As used in this section:

2124

(1) "Statement or representation" means any oral, written,	2125
electronic, electronic impulse, or magnetic communication that is	2126
used to identify an item of goods or a service for which	2127
reimbursement may be made under the medical assistance program or	2128
that states income and expense and is or may be used to determine	2129
a rate of reimbursement under the medical assistance program.	2130

(2) "Medical assistance program" means the program	2131
established by the department of job and family services to	2132
provide medical assistance under section 5111.01 of the Revised	2133
Code and the medicaid program of Title XIX of the "Social Security	2134
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	2135

(3) "Provider" means any person who has signed a provider	2136
agreement with the department of job and family services to	2137
provide goods or services pursuant to the medical assistance	2138
program or any person who has signed an agreement with a party to	2139
such a provider agreement under which the person agrees to provide	2140
goods or services that are reimbursable under the medical	2141
assistance program.	2142

(4) "Provider agreement" means an oral or written agreement	2143
between the department of job and family services and a person in	2144
which the person agrees to provide goods or services under the	2145
medical assistance program.	2146

(5) "Recipient" means any individual who receives goods or	2147
services from a provider under the medical assistance program.	2148

(6) "Records" means any medical, professional, financial, or	2149
business records relating to the treatment or care of any	2150
recipient, to goods or services provided to any recipient, or to	2151
rates paid for goods or services provided to any recipient and any	2152
records that are required by the rules of the director of job and	2153
family services to be kept for the medical assistance program.	2154

(B) No person shall knowingly make or cause to be made a	2155
false or misleading statement or representation for use in	2156
obtaining reimbursement from the medical assistance program.	2157

(C) No person, with purpose to commit fraud or knowing that	2158
the person is facilitating a fraud, shall do either of the	2159
following:	2160

(1) Contrary to the terms of the person's provider agreement,	2161
charge, solicit, accept, or receive for goods or services that the	2162
person provides under the medical assistance program any property,	2163
money, or other consideration in addition to the amount of	2164
reimbursement under the medical assistance program and the	2165
person's provider agreement for the goods or services and any	2166
cost-sharing expenses authorized by section 5111.0112 of the	2167
Revised Code or rules adopted pursuant to section 5111.01,	2168
5111.011, or 5111.02 of the Revised Code.	2169

(2) Solicit, offer, or receive any remuneration, other than	2170
any cost-sharing expenses authorized by section 5111.0112 of the	2171
Revised Code or rules adopted under section 5111.01, 5111.011, or	2172
5111.02 of the Revised Code, in cash or in kind, including, but	2173
not limited to, a kickback or rebate, in connection with the	2174
furnishing of goods or services for which whole or partial	2175
reimbursement is or may be made under the medical assistance	2176
program.	2177

(D) No person, having submitted a claim for or provided goods	2178
or services under the medical assistance program, shall do either	2179
of the following for a period of at least six years after a	2180
reimbursement pursuant to that claim, or a reimbursement for those	2181
goods or services, is received under the medical assistance	2182
program:	2183

(1) Knowingly alter, falsify, destroy, conceal, or remove any	2184
records that are necessary to fully disclose the nature of all	2185
goods or services for which the claim was submitted, or for which	2186
reimbursement was received, by the person;	2187

(2) Knowingly alter, falsify, destroy, conceal, or remove any	2188
records that are necessary to disclose fully all income and	2189
expenditures upon which rates of reimbursements were based for the	2190
person.	2191

(E) Whoever violates this section is guilty of medicaid	2192
fraud. Except as otherwise provided in this division, medicaid	2193
fraud is a misdemeanor of the first degree. If the value of	2194
property, services, or funds obtained in violation of this section	2195
is ~~five hundred~~one thousand dollars or more and is less than ~~five~~	2196
seven thousand five hundred dollars, medicaid fraud is a felony	2197
of the fifth degree. If the value of property, services, or	2198
funds obtained in violation of this section is ~~five~~seven	2199
thousand five hundred dollars or more and is less than one	2200
hundred fifty thousand dollars, medicaid fraud is a felony of the	2201
fourth degree. If the value of the property, services, or funds	2202
obtained in violation of this section is one hundred fifty	2203
thousand dollars or more, medicaid fraud is a felony of the	2204
third degree.	2205

(F) Upon application of the governmental agency, office, or	2206
other entity that conducted the investigation and prosecution in a	2207
case under this section, the court shall order any person who is	2208
convicted of a violation of this section for receiving any	2209
reimbursement for furnishing goods or services under the medical	2210
assistance program to which the person is not entitled to pay to	2211
the applicant its cost of investigating and prosecuting the case.	2212
The costs of investigation and prosecution that a defendant is	2213
ordered to pay pursuant to this division shall be in addition to	2214
any other penalties for the receipt of that reimbursement that are	2215
provided in this section, section 5111.03 of the Revised Code, or	2216
any other provision of law.	2217

(G) The provisions of this section are not intended to be	2218
exclusive remedies and do not preclude the use of any other	2219
criminal or civil remedy for any act that is in violation of this	2220
section.	2221

Sec. 2913.401. (A) As used in this section:

2222

(1) "Medicaid benefits" means benefits under the medical	2223
assistance program established under Chapter 5111. of the Revised	2224
Code.	2225

(2) "Property" means any real or personal property or other	2226
asset in which a person has any legal title or interest.	2227

(B) No person shall knowingly do any of the following in an	2228
application for medicaid benefits or in a document that requires a	2229
disclosure of assets for the purpose of determining eligibility to	2230
receive medicaid benefits:	2231

(1) Make or cause to be made a false or misleading statement;

2232

(2) Conceal an interest in property;

2233

(3)(a) Except as provided in division (B)(3)(b) of this	2234
section, fail to disclose a transfer of property that occurred	2235
during the period beginning thirty-six months before submission of	2236
the application or document and ending on the date the application	2237
or document was submitted;	2238

(b) Fail to disclose a transfer of property that occurred	2239
during the period beginning sixty months before submission of the	2240
application or document and ending on the date the application or	2241
document was submitted and that was made to an irrevocable trust a	2242
portion of which is not distributable to the applicant for	2243
medicaid benefits or the recipient of medicaid benefits or to a	2244
revocable trust.	2245

(C)(1) Whoever violates this section is guilty of medicaid	2246
eligibility fraud. Except as otherwise provided in this division,	2247
a violation of this section is a misdemeanor of the first degree.	2248
If the value of the medicaid benefits paid as a result of the	2249
violation is ~~five hundred~~one thousand dollars or more and is less	2250
than ~~five~~seven thousand five hundred dollars, a violation of	2251
this section is a felony of the fifth degree. If the value of	2252
the medicaid benefits paid as a result of the violation is ~~five~~	2253
seven thousand five hundred dollars or more and is less than one	2254
hundred fifty thousand dollars, a violation of this section is	2255
a felony of the fourth degree. If the value of the medicaid	2256
benefits paid as a result of the violation is one hundred fifty	2257
thousand dollars or more, a violation of this section is a	2258
felony of the third degree.	2259

(2) In addition to imposing a sentence under division (C)(1)	2260
of this section, the court shall order that a person who is guilty	2261
of medicaid eligibility fraud make restitution in the full amount	2262
of any medicaid benefits paid on behalf of an applicant for or	2263
recipient of medicaid benefits for which the applicant or	2264
recipient was not eligible, plus interest at the rate applicable	2265
to judgments on unreimbursed amounts from the date on which the	2266
benefits were paid to the date on which restitution is made.	2267

(3) The remedies and penalties provided in this section are	2268
not exclusive and do not preclude the use of any other criminal or	2269
civil remedy for any act that is in violation of this section.	2270

(D) This section does not apply to a person who fully	2271
disclosed in an application for medicaid benefits or in a document	2272
that requires a disclosure of assets for the purpose of	2273
determining eligibility to receive medicaid benefits all of the	2274
interests in property of the applicant for or recipient of	2275
medicaid benefits, all transfers of property by the applicant for	2276
or recipient of medicaid benefits, and the circumstances of all	2277
those transfers.	2278

(E) Any amounts of medicaid benefits recovered as restitution	2279
under this section and any interest on those amounts shall be	2280
credited to the general revenue fund, and any applicable federal	2281
share shall be returned to the appropriate agency or department of	2282
the United States.	2283

Sec. 2913.42. (A) No person, knowing the person has no	2284
privilege to do so, and with purpose to defraud or knowing that	2285
the person is facilitating a fraud, shall do any of the following:	2286

(1) Falsify, destroy, remove, conceal, alter, deface, or	2287
mutilate any writing, computer software, data, or record;	2288

(2) Utter any writing or record, knowing it to have been	2289
tampered with as provided in division (A)(1) of this section.	2290

(B)(1) Whoever violates this section is guilty of tampering	2291
with records.	2292

(2) Except as provided in division (B)(4) of this section, if	2293
the offense does not involve data or computer software, tampering	2294
with records is whichever of the following is applicable:	2295

(a) If division (B)(2)(b) of this section does not apply, a	2296
misdemeanor of the first degree;	2297

(b) If the writing or record is a will unrevoked at the time	2298
of the offense, a felony of the fifth degree.	2299

(3) Except as provided in division (B)(4) of this section, if	2300
the offense involves a violation of division (A) of this section	2301
involving data or computer software, tampering with records is	2302
whichever of the following is applicable:	2303

(a) Except as otherwise provided in division (B)(3)(b), (c),	2304
or (d) of this section, a misdemeanor of the first degree;	2305

(b) If the value of the data or computer software involved in	2306
the offense or the loss to the victim is ~~five hundred~~one	2307
thousand dollars or more and is less than ~~five~~seven thousand	2308
five hundred dollars, a felony of the fifth degree;	2309

(c) If the value of the data or computer software involved in	2310
the offense or the loss to the victim is ~~five~~seven thousand five	2311
hundred dollars or more and is less than one hundred fifty	2312
thousand dollars, a felony of the fourth degree;	2313

(d) If the value of the data or computer software involved in	2314
the offense or the loss to the victim is one hundred fifty	2315
thousand dollars or more or if the offense is committed for the	2316
purpose of devising or executing a scheme to defraud or to obtain	2317
property or services and the value of the property or services	2318
or the loss to the victim is ~~five~~seven thousand five hundred	2319
dollars or more, a felony of the third degree.	2320

(4) If the writing, data, computer software, or record is	2321
kept by or belongs to a local, state, or federal governmental	2322
entity, a felony of the third degree.	2323

Sec. 2913.421. (A) As used in this section:

2324

(1) "Computer," "computer network," and "computer system"	2325
have the same meanings as in section 2913.01 of the Revised Code.	2326

(2) "Commercial electronic mail message" means any electronic	2327
mail message the primary purpose of which is the commercial	2328
advertisement or promotion of a commercial product or service,	2329
including content on an internet web site operated for a	2330
commercial purpose, but does not include a transactional or	2331
relationship message. The inclusion of a reference to a commercial	2332
entity or a link to the web site of a commercial entity does not,	2333
by itself, cause that message to be treated as a commercial	2334
electronic mail message for the purpose of this section, if the	2335
contents or circumstances of the message indicate a primary	2336
purpose other than commercial advertisement or promotion of a	2337
commercial product or service.	2338

(3) "Domain name" means any alphanumeric designation that is	2339
registered with or assigned by any domain name registrar, domain	2340
name registry, or other domain name registration authority as part	2341
of an electronic address on the internet.	2342

(4) "Electronic mail," "originating address," and "receiving	2343
address" have the same meanings as in section 2307.64 of the	2344
Revised Code.	2345

(5) "Electronic mail message" means each electronic mail	2346
addressed to a discrete addressee.	2347

(6) "Electronic mail service provider" means any person,	2348
including an internet service provider, that is an intermediary in	2349
sending and receiving electronic mail and that provides to the	2350
public electronic mail accounts or online user accounts from which	2351
electronic mail may be sent.	2352

(7) "Header information" means the source, destination, and	2353
routing information attached to an electronic mail message,	2354
including the originating domain name, the originating address,	2355
and technical information that authenticates the sender of an	2356
electronic mail message for computer network security or computer	2357
network management purposes.	2358

(8) "Initiate the transmission" or "initiated" means to	2359
originate or transmit a commercial electronic mail message or to	2360
procure the origination or transmission of that message,	2361
regardless of whether the message reaches its intended recipients,	2362
but does not include actions that constitute routine conveyance of	2363
such message.	2364

(9) "Internet" has the same meaning as in section 341.42 of	2365
the Revised Code.	2366

(10) "Internet protocol address" means the string of numbers	2367
by which locations on the internet are identified by routers or	2368
other computers connected to the internet.	2369

(11) "Materially falsify" means to alter or conceal in a	2370
manner that would impair the ability of a recipient of an	2371
electronic mail message, an electronic mail service provider	2372
processing an electronic mail message on behalf of a recipient, a	2373
person alleging a violation of this section, or a law enforcement	2374
agency to identify, locate, or respond to the person that	2375
initiated the electronic mail message or to investigate an alleged	2376
violation of this section.	2377

(12) "Multiple" means more than ten commercial electronic	2378
mail messages during a twenty-four-hour period, more than one	2379
hundred commercial electronic mail messages during a thirty-day	2380
period, or more than one thousand commercial electronic mail	2381
messages during a one-year period.	2382

(13) "Recipient" means a person who receives a commercial	2383
electronic mail message at any one of the following receiving	2384
addresses:	2385

(a) A receiving address furnished by an electronic mail	2386
service provider that bills for furnishing and maintaining that	2387
receiving address to a mailing address within this state;	2388

(b) A receiving address ordinarily accessed from a computer	2389
located within this state or by a person domiciled within this	2390
state;	2391

(c) Any other receiving address with respect to which this	2392
section can be imposed consistent with the United States	2393
Constitution.	2394

(14) "Routine conveyance" means the transmission, routing,	2395
relaying, handling, or storing, through an automated technical	2396
process, of an electronic mail message for which another person	2397
has identified the recipients or provided the recipient addresses.	2398

(15) "Transactional or relationship message" means an	2399
electronic mail message the primary purpose of which is to do any	2400
of the following:	2401

(a) Facilitate, complete, or confirm a commercial transaction	2402
that the recipient has previously agreed to enter into with the	2403
sender;	2404

(b) Provide warranty information, product recall information,	2405
or safety or security information with respect to a commercial	2406
product or service used or purchased by the recipient;	2407

(c) Provide notification concerning a change in the terms or	2408
features of; a change in the recipient's standing or status with	2409
respect to; or, at regular periodic intervals, account balance	2410
information or other type of account statement with respect to, a	2411
subscription, membership, account, loan, or comparable ongoing	2412
commercial relationship involving the ongoing purchase or use by	2413
the recipient of products or services offered by the sender;	2414

(d) Provide information directly related to an employment	2415
relationship or related benefit plan in which the recipient is	2416
currently involved, participating, or enrolled;	2417

(e) Deliver goods or services, including product updates or	2418
upgrades, that the recipient is entitled to receive under the	2419
terms of a transaction that the recipient has previously agreed to	2420
enter into with the sender.	2421

(B) No person, with regard to commercial electronic mail	2422
messages sent from or to a computer in this state, shall do any of	2423
the following:	2424

(1) Knowingly use a computer to relay or retransmit multiple	2425
commercial electronic mail messages, with the intent to deceive or	2426
mislead recipients or any electronic mail service provider, as to	2427
the origin of those messages;	2428

(2) Knowingly and materially falsify header information in	2429
multiple commercial electronic mail messages and purposely	2430
initiate the transmission of those messages;	2431

(3) Knowingly register, using information that materially	2432
falsifies the identity of the actual registrant, for five or more	2433
electronic mail accounts or online user accounts or two or more	2434
domain names and purposely initiate the transmission of multiple	2435
commercial electronic mail messages from one, or any combination,	2436
of those accounts or domain names;	2437

(4) Knowingly falsely represent the right to use five or more	2438
internet protocol addresses, and purposely initiate the	2439
transmission of multiple commercial electronic mail messages from	2440
those addresses.	2441

(C)(1) Whoever violates division (B) of this section is	2442
guilty of illegally transmitting multiple commercial electronic	2443
mail messages. Except as otherwise provided in division (C)(2) or	2444
(E) of this section, illegally transmitting multiple commercial	2445
electronic mail messages is a felony of the fifth degree.	2446

(2) Illegally transmitting multiple commercial electronic	2447
mail messages is a felony of the fourth degree if any of the	2448
following apply:	2449

(a) Regarding a violation of division (B)(3) of this section,	2450
the offender, using information that materially falsifies the	2451
identity of the actual registrant, knowingly registers for twenty	2452
or more electronic mail accounts or online user accounts or ten or	2453
more domain names, and purposely initiates, or conspires to	2454
initiate, the transmission of multiple commercial electronic mail	2455
messages from the accounts or domain names.	2456

(b) Regarding any violation of division (B) of this section,	2457
the volume of commercial electronic mail messages the offender	2458
transmitted in committing the violation exceeds two hundred and	2459
fifty during any twenty-four-hour period, two thousand five	2460
hundred during any thirty-day period, or twenty-five thousand	2461
during any one-year period.	2462

(c) Regarding any violation of division (B) of this section,	2463
during any one-year period the aggregate loss to the victim or	2464
victims of the violation is ~~five hundred~~one thousand dollars or	2465
more, or during any one-year period the aggregate value of the	2466
property or services obtained by any offender as a result of the	2467
violation is ~~five hundred~~one thousand dollars or more.	2468

(d) Regarding any violation of division (B) of this section,	2469
the offender committed the violation with three or more other	2470
persons with respect to whom the offender was the organizer or	2471
leader of the activity that resulted in the violation.	2472

(e) Regarding any violation of division (B) of this section,	2473
the offender knowingly assisted in the violation through the	2474
provision or selection of electronic mail addresses to which the	2475
commercial electronic mail message was transmitted, if that	2476
offender knew that the electronic mail addresses of the recipients	2477
were obtained using an automated means from an internet web site	2478
or proprietary online service operated by another person, and that	2479
web site or online service included, at the time the electronic	2480
mail addresses were obtained, a notice stating that the operator	2481
of that web site or online service will not transfer addresses	2482
maintained by that web site or online service to any other party	2483
for the purposes of initiating the transmission of, or enabling	2484
others to initiate the transmission of, electronic mail messages.	2485

(f) Regarding any violation of division (B) of this section,	2486
the offender knowingly assisted in the violation through the	2487
provision or selection of electronic mail addresses of the	2488
recipients obtained using an automated means that generates	2489
possible electronic mail addresses by combining names, letters, or	2490
numbers into numerous permutations.	2491

(D)(1) No person, with regard to commercial electronic mail	2492
messages sent from or to a computer in this state, shall knowingly	2493
access a computer without authorization and purposely initiate the	2494
transmission of multiple commercial electronic mail messages from	2495
or through the computer.	2496

(2) Except as otherwise provided in division (E) of this	2497
section, whoever violates division (D)(1) of this section is	2498
guilty of unauthorized access of a computer, a felony of the	2499
fourth degree.	2500

(E) Illegally transmitting multiple commercial electronic	2501
mail messages and unauthorized access of a computer in violation	2502
of this section are felonies of the third degree if the offender	2503
previously has been convicted of a violation of this section, or a	2504
violation of a law of another state or the United States regarding	2505
the transmission of electronic mail messages or unauthorized	2506
access to a computer, or if the offender committed the violation	2507
of this section in the furtherance of a felony.	2508

(F)(1) The attorney general or an electronic mail service	2509
provider that is injured by a violation of this section may bring	2510
a civil action in an appropriate court of common pleas of this	2511
state seeking relief from any person whose conduct violated this	2512
section. The civil action may be commenced at any time within one	2513
year of the date after the act that is the basis of the civil	2514
action.	2515

(2) In a civil action brought by the attorney general	2516
pursuant to division (F)(1) of this section for a violation of	2517
this section, the court may award temporary, preliminary, or	2518
permanent injunctive relief. The court also may impose a civil	2519
penalty against the offender, as the court considers just, in an	2520
amount that is the lesser of: (a) twenty-five thousand dollars for	2521
each day a violation occurs, or (b) not less than two dollars but	2522
not more than eight dollars for each commercial electronic mail	2523
message initiated in violation of this section.	2524

(3) In a civil action brought by an electronic mail service	2525
provider pursuant to division (F)(1) of this section for a	2526
violation of this section, the court may award temporary,	2527
preliminary, or permanent injunctive relief, and also may award	2528
damages in an amount equal to the greater of the following:	2529

(a) The sum of the actual damages incurred by the electronic	2530
mail service provider as a result of a violation of this section,	2531
plus any receipts of the offender that are attributable to a	2532
violation of this section and that were not taken into account in	2533
computing actual damages;	2534

(b) Statutory damages, as the court considers just, in an	2535
amount that is the lesser of: (i) twenty-five thousand dollars for	2536
each day a violation occurs, or (ii) not less than two dollars but	2537
not more than eight dollars for each commercial electronic mail	2538
message initiated in violation of this section.	2539

(4) In assessing damages awarded under division (F)(3) of	2540
this section, the court may consider whether the offender has	2541
established and implemented, with due care, commercially	2542
reasonable practices and procedures designed to effectively	2543
prevent the violation, or the violation occurred despite	2544
commercially reasonable efforts to maintain the practices and	2545
procedures established.	2546

(G) Any equipment, software, or other technology of a person	2547
who violates this section that is used or intended to be used in	2548
the commission of a violation of this section, and any real or	2549
personal property that constitutes or is traceable to the gross	2550
proceeds obtained from the commission of a violation of this	2551
section, is contraband and is subject to seizure and forfeiture	2552
pursuant to Chapter 2981. of the Revised Code.	2553

(H) The attorney general may bring a civil action, pursuant	2554
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.	2555
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the	2556
state in a district court of the United States that has	2557
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the	2558
attorney general shall not bring a civil action under both this	2559
division and division (F) of this section. If a federal court	2560
dismisses a civil action brought under this division for reasons	2561
other than upon the merits, a civil action may be brought under	2562
division (F) of this section in the appropriate court of common	2563
pleas of this state.	2564

(I) Nothing in this section shall be construed:

2565

(1) To require an electronic mail service provider to block,	2566
transmit, route, relay, handle, or store certain types of	2567
electronic mail messages;	2568

(2) To prevent or limit, in any way, an electronic mail	2569
service provider from adopting a policy regarding electronic mail,	2570
including a policy of declining to transmit certain types of	2571
electronic mail messages, or from enforcing such policy through	2572
technical means, through contract, or pursuant to any remedy	2573
available under any other federal, state, or local criminal or	2574
civil law;	2575

(3) To render lawful any policy adopted under division (I)(2)	2576
of this section that is unlawful under any other law.	2577

Sec. 2913.43. (A) No person, by deception, shall cause

2578