As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 471

Representatives Dovilla, Blair 

Cosponsors: Representatives Terhar, Adams, J., Retherford, Johnson, Grossman 

---

A BILL

To amend sections 2913.01, 2913.02, 2913.43, 2913.49,

1

and 2913.61 and to enact sections 2305.112 and

2

2307.611 of the Revised Code to increase the

3

penalties for theft, securing writings by

4

deception, and identity fraud when the victim is

5

an active duty service member or the spouse of an

6

active duty service member, to provide that a

7

series of theft offenses or securing writings by

8

deception offenses involving an active duty

9

service member or the spouse of an active duty

10

member must be tried as a single offense, and to

11

allow for a civil action for victims of identity

12

fraud.

13

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

Section 1. That sections 2913.01, 2913.02, 2913.43, 2913.49,	14
and 2913.61 be amended and sections 2305.112 and 2307.611 of the	15
Revised Code be enacted to read as follows:	16

Sec. 2305.112.  A civil action brought pursuant to division	17
(A) of section 2307.60 of the Revised Code when the person filing	18
the action is injured in person or property by a violation of	19
division (B), (D), or (E) of section 2913.49 of the Revised Code	20
shall be commenced within five years from the date on which the	21
identity of the offender was discovered or reasonably should have	22
been discovered.	23

Sec. 2307.611.  A person who brings a civil action pursuant	24
to division (A) of section 2307.60 of the Revised Code to recover	25
damages from any person who caused injury to person or property by	26
a violation of division (B), (D), or (E) of section 2913.49 of the	27
Revised Code may recover damages up to five thousand dollars for	28
each violation or three times the amount of actual damages,	29
whichever is greater, and reasonable attorney's fees.	30

Sec. 2913.01.  As used in this chapter, unless the context	31
requires that a term be given a different meaning:	32

(A) "Deception" means knowingly deceiving another or causing	33
another to be deceived by any false or misleading representation,	34
by withholding information, by preventing another from acquiring	35
information, or by any other conduct, act, or omission that	36
creates, confirms, or perpetuates a false impression in another,	37
including a false impression as to law, value, state of mind, or	38
other objective or subjective fact.	39

(B) "Defraud" means to knowingly obtain, by deception, some	40
benefit for oneself or another, or to knowingly cause, by	41
deception, some detriment to another.	42

(C) "Deprive" means to do any of the following:

43

(1) Withhold property of another permanently, or for a period	44
that appropriates a substantial portion of its value or use, or	45
with purpose to restore it only upon payment of a reward or other	46
consideration;	47

(2) Dispose of property so as to make it unlikely that the	48
owner will recover it;	49

(3) Accept, use, or appropriate money, property, or services,	50
with purpose not to give proper consideration in return for the	51
money, property, or services, and without reasonable justification	52
or excuse for not giving proper consideration.	53

(D) "Owner" means, unless the context requires a different	54
meaning, any person, other than the actor, who is the owner of,	55
who has possession or control of, or who has any license or	56
interest in property or services, even though the ownership,	57
possession, control, license, or interest is unlawful.	58

(E) "Services" include labor, personal services, professional	59
services, rental services, public utility services including	60
wireless service as defined in division (F)(1) of section 128.01	61
of the Revised Code, common carrier services, and food, drink,	62
transportation, entertainment, and cable television services and,	63
for purposes of section 2913.04 of the Revised Code, include cable	64
services as defined in that section.	65

(F) "Writing" means any computer software, document, letter,	66
memorandum, note, paper, plate, data, film, or other thing having	67
in or upon it any written, typewritten, or printed matter, and any	68
token, stamp, seal, credit card, badge, trademark, label, or other	69
symbol of value, right, privilege, license, or identification.	70

(G) "Forge" means to fabricate or create, in whole or in part	71
and by any means, any spurious writing, or to make, execute,	72
alter, complete, reproduce, or otherwise purport to authenticate	73
any writing, when the writing in fact is not authenticated by that	74
conduct.	75

(H) "Utter" means to issue, publish, transfer, use, put or	76
send into circulation, deliver, or display.	77

(I) "Coin machine" means any mechanical or electronic device	78
designed to do both of the following:	79

(1) Receive a coin, bill, or token made for that purpose;

80

(2) In return for the insertion or deposit of a coin, bill,	81
or token, automatically dispense property, provide a service, or	82
grant a license.	83

(J) "Slug" means an object that, by virtue of its size,	84
shape, composition, or other quality, is capable of being inserted	85
or deposited in a coin machine as an improper substitute for a	86
genuine coin, bill, or token made for that purpose.	87

(K) "Theft offense" means any of the following:

88

(1) A violation of section 2911.01, 2911.02, 2911.11,	89
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	90
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	91
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	92
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	93
2913.51, 2915.05, or 2921.41 of the Revised Code;	94

(2) A violation of an existing or former municipal ordinance	95
or law of this or any other state, or of the United States,	96
substantially equivalent to any section listed in division (K)(1)	97
of this section or a violation of section 2913.41, 2913.81, or	98
2915.06 of the Revised Code as it existed prior to July 1, 1996;	99

(3) An offense under an existing or former municipal	100
ordinance or law of this or any other state, or of the United	101
States, involving robbery, burglary, breaking and entering, theft,	102
embezzlement, wrongful conversion, forgery, counterfeiting,	103
deceit, or fraud;	104

(4) A conspiracy or attempt to commit, or complicity in	105
committing, any offense under division (K)(1), (2), or (3) of this	106
section.	107

(L) "Computer services" includes, but is not limited to, the	108
use of a computer system, computer network, computer program, data	109
that is prepared for computer use, or data that is contained	110
within a computer system or computer network.	111

(M) "Computer" means an electronic device that performs	112
logical, arithmetic, and memory functions by the manipulation of	113
electronic or magnetic impulses. "Computer" includes, but is not	114
limited to, all input, output, processing, storage, computer	115
program, or communication facilities that are connected, or	116
related, in a computer system or network to an electronic device	117
of that nature.	118

(N) "Computer system" means a computer and related devices,	119
whether connected or unconnected, including, but not limited to,	120
data input, output, and storage devices, data communications	121
links, and computer programs and data that make the system capable	122
of performing specified special purpose data processing tasks.	123

(O) "Computer network" means a set of related and remotely	124
connected computers and communication facilities that includes	125
more than one computer system that has the capability to transmit	126
among the connected computers and communication facilities through	127
the use of computer facilities.	128

(P) "Computer program" means an ordered set of data	129
representing coded instructions or statements that, when executed	130
by a computer, cause the computer to process data.	131

(Q) "Computer software" means computer programs, procedures,	132
and other documentation associated with the operation of a	133
computer system.	134

(R) "Data" means a representation of information, knowledge,	135
facts, concepts, or instructions that are being or have been	136
prepared in a formalized manner and that are intended for use in a	137
computer, computer system, or computer network. For purposes of	138
section 2913.47 of the Revised Code, "data" has the additional	139
meaning set forth in division (A) of that section.	140

(S) "Cable television service" means any services provided by	141
or through the facilities of any cable television system or other	142
similar closed circuit coaxial cable communications system, or any	143
microwave or similar transmission service used in connection with	144
any cable television system or other similar closed circuit	145
coaxial cable communications system.	146

(T) "Gain access" means to approach, instruct, communicate	147
with, store data in, retrieve data from, or otherwise make use of	148
any resources of a computer, computer system, or computer network,	149
or any cable service or cable system both as defined in section	150
2913.04 of the Revised Code.	151

(U) "Credit card" includes, but is not limited to, a card,	152
code, device, or other means of access to a customer's account for	153
the purpose of obtaining money, property, labor, or services on	154
credit, or for initiating an electronic fund transfer at a	155
point-of-sale terminal, an automated teller machine, or a cash	156
dispensing machine. It also includes a county procurement card	157
issued under section 301.29 of the Revised Code.	158

(V) "Electronic fund transfer" has the same meaning as in 92	159
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	160

(W) "Rented property" means personal property in which the	161
right of possession and use of the property is for a short and	162
possibly indeterminate term in return for consideration; the	163
rentee generally controls the duration of possession of the	164
property, within any applicable minimum or maximum term; and the	165
amount of consideration generally is determined by the duration of	166
possession of the property.	167

(X) "Telecommunication" means the origination, emission,	168
dissemination, transmission, or reception of data, images,	169
signals, sounds, or other intelligence or equivalence of	170
intelligence of any nature over any communications system by any	171
method, including, but not limited to, a fiber optic, electronic,	172
magnetic, optical, digital, or analog method.	173

(Y) "Telecommunications device" means any instrument,	174
equipment, machine, or other device that facilitates	175
telecommunication, including, but not limited to, a computer,	176
computer network, computer chip, computer circuit, scanner,	177
telephone, cellular telephone, pager, personal communications	178
device, transponder, receiver, radio, modem, or device that	179
enables the use of a modem.	180

(Z) "Telecommunications service" means the providing,	181
allowing, facilitating, or generating of any form of	182
telecommunication through the use of a telecommunications device	183
over a telecommunications system.	184

(AA) "Counterfeit telecommunications device" means a	185
telecommunications device that, alone or with another	186
telecommunications device, has been altered, constructed,	187
manufactured, or programmed to acquire, intercept, receive, or	188
otherwise facilitate the use of a telecommunications service or	189
information service without the authority or consent of the	190
provider of the telecommunications service or information service.	191
"Counterfeit telecommunications device" includes, but is not	192
limited to, a clone telephone, clone microchip, tumbler telephone,	193
or tumbler microchip; a wireless scanning device capable of	194
acquiring, intercepting, receiving, or otherwise facilitating the	195
use of telecommunications service or information service without	196
immediate detection; or a device, equipment, hardware, or software	197
designed for, or capable of, altering or changing the electronic	198
serial number in a wireless telephone.	199

(BB)(1) "Information service" means, subject to division	200
(BB)(2) of this section, the offering of a capability for	201
generating, acquiring, storing, transforming, processing,	202
retrieving, utilizing, or making available information via	203
telecommunications, including, but not limited to, electronic	204
publishing.	205

(2) "Information service" does not include any use of a	206
capability of a type described in division (BB)(1) of this section	207
for the management, control, or operation of a telecommunications	208
system or the management of a telecommunications service.	209

(CC) "Elderly person" means a person who is sixty-five years	210
of age or older.	211

(DD) "Disabled adult" means a person who is eighteen years of	212
age or older and has some impairment of body or mind that makes	213
the person unable to work at any substantially remunerative	214
employment that the person otherwise would be able to perform and	215
that will, with reasonable probability, continue for a period of	216
at least twelve months without any present indication of recovery	217
from the impairment, or who is eighteen years of age or older and	218
has been certified as permanently and totally disabled by an	219
agency of this state or the United States that has the function of	220
so classifying persons.	221

(EE) "Firearm" and "dangerous ordnance" have the same	222
meanings as in section 2923.11 of the Revised Code.	223

(FF) "Motor vehicle" has the same meaning as in section	224
4501.01 of the Revised Code.	225

(GG) "Dangerous drug" has the same meaning as in section	226
4729.01 of the Revised Code.	227

(HH) "Drug abuse offense" has the same meaning as in section	228
2925.01 of the Revised Code.	229

(II)(1) "Computer hacking" means any of the following:

230

(a) Gaining access or attempting to gain access to all or	231
part of a computer, computer system, or a computer network without	232
express or implied authorization with the intent to defraud or	233
with intent to commit a crime;	234

(b) Misusing computer or network services including, but not	235
limited to, mail transfer programs, file transfer programs, proxy	236
servers, and web servers by performing functions not authorized by	237
the owner of the computer, computer system, or computer network or	238
other person authorized to give consent. As used in this division,	239
"misuse of computer and network services" includes, but is not	240
limited to, the unauthorized use of any of the following:	241

(i) Mail transfer programs to send mail to persons other than	242
the authorized users of that computer or computer network;	243

(ii) File transfer program proxy services or proxy servers to	244
access other computers, computer systems, or computer networks;	245

(iii) Web servers to redirect users to other web pages or web	246
servers.	247

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	248
using a group of computer programs commonly known as "port	249
scanners" or "probes" to intentionally access any computer,	250
computer system, or computer network without the permission of the	251
owner of the computer, computer system, or computer network or	252
other person authorized to give consent. The group of computer	253
programs referred to in this division includes, but is not limited	254
to, those computer programs that use a computer network to access	255
a computer, computer system, or another computer network to	256
determine any of the following: the presence or types of computers	257
or computer systems on a network; the computer network's	258
facilities and capabilities; the availability of computer or	259
network services; the presence or versions of computer software	260
including, but not limited to, operating systems, computer	261
services, or computer contaminants; the presence of a known	262
computer software deficiency that can be used to gain unauthorized	263
access to a computer, computer system, or computer network; or any	264
other information about a computer, computer system, or computer	265
network not necessary for the normal and lawful operation of the	266
computer initiating the access.	267

(ii) The group of computer programs referred to in division	268
(II)(1)(c)(i) of this section does not include standard computer	269
software used for the normal operation, administration,	270
management, and test of a computer, computer system, or computer	271
network including, but not limited to, domain name services, mail	272
transfer services, and other operating system services, computer	273
programs commonly called "ping," "tcpdump," and "traceroute" and	274
other network monitoring and management computer software, and	275
computer programs commonly known as "nslookup" and "whois" and	276
other systems administration computer software.	277

(d) The intentional use of a computer, computer system, or a	278
computer network in a manner that exceeds any right or permission	279
granted by the owner of the computer, computer system, or computer	280
network or other person authorized to give consent.	281

(2) "Computer hacking" does not include the introduction of a	282
computer contaminant, as defined in section 2909.01 of the Revised	283
Code, into a computer, computer system, computer program, or	284
computer network.	285

(JJ) "Police dog or horse" has the same meaning as in section	286
2921.321 of the Revised Code.	287

(KK) "Anhydrous ammonia" is a compound formed by the	288
combination of two gaseous elements, nitrogen and hydrogen, in the	289
manner described in this division. Anhydrous ammonia is one part	290
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	291
weight is fourteen parts nitrogen to three parts hydrogen, which	292
is approximately eighty-two per cent nitrogen to eighteen per cent	293
hydrogen.	294

(LL) "Assistance dog" has the same meaning as in section	295
955.011 of the Revised Code.	296

(MM) "Federally licensed firearms dealer" has the same	297
meaning as in section 5502.63 of the Revised Code.	298

(NN) "Active duty service member" means any uniformed member	299
ordered to or performing active duty under title 10 of the United	300
States Code in the United States army, marine corps, navy, air	301
force, or coast guard and any member of a reserve component of the	302
army, marine corps, navy, air force, or coast guard on active duty	303
or reserve duty and also includes any individual performing	304
full-time national guard duty under 32 U.S.C. 502(f).	305

Sec. 2913.02.  (A) No person, with purpose to deprive the	306
owner of property or services, shall knowingly obtain or exert	307
control over either the property or services in any of the	308
following ways:	309

(1) Without the consent of the owner or person authorized to	310
give consent;	311

(2) Beyond the scope of the express or implied consent of the	312
owner or person authorized to give consent;	313

(3) By deception;

314

(4) By threat;

315

(5) By intimidation.

316

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

317

(2) Except as otherwise provided in this division or division	318
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a	319
violation of this section is petty theft, a misdemeanor of the	320
first degree. If the value of the property or services stolen is	321
one thousand dollars or more and is less than seven thousand five	322
hundred dollars or if the property stolen is any of the property	323
listed in section 2913.71 of the Revised Code, a violation of this	324
section is theft, a felony of the fifth degree. If the value of	325
the property or services stolen is seven thousand five hundred	326
dollars or more and is less than one hundred fifty thousand	327
dollars, a violation of this section is grand theft, a felony of	328
the fourth degree. If the value of the property or services stolen	329
is one hundred fifty thousand dollars or more and is less than	330
seven hundred fifty thousand dollars, a violation of this section	331
is aggravated theft, a felony of the third degree. If the value of	332
the property or services is seven hundred fifty thousand dollars	333
or more and is less than one million five hundred thousand	334
dollars, a violation of this section is aggravated theft, a felony	335
of the second degree. If the value of the property or services	336
stolen is one million five hundred thousand dollars or more, a	337
violation of this section is aggravated theft of one million five	338
hundred thousand dollars or more, a felony of the first degree.	339

(3) Except as otherwise provided in division (B)(4), (5),	340
(6), (7), (8), or (9) of this section, if the victim of the	341
offense is an elderly person or, disabled adult, active duty	342
service member, or spouse of an active duty service member, a	343
violation of this section is theft from an elderlya person or	344
disabled adultin a protected class, and division (B)(3) of this	345
section applies. Except as otherwise provided in this division,	346
theft from an elderlya person or disabled adultin a protected	347
class is a felony of the fifth degree. If the value of the	348
property or services stolen is one thousand dollars or more and is	349
less than seven thousand five hundred dollars, theft from an	350
elderlya person or disabled adultin a protected class is a	351
felony of the fourth degree. If the value of the property or	352
services stolen is seven thousand five hundred dollars or more and	353
is less than thirty-seven thousand five hundred dollars, theft	354
from an elderlya person or disabled adultin a protected class is	355
a felony of the third degree. If the value of the property or	356
services stolen is thirty-seven thousand five hundred dollars or	357
more and is less than one hundred fifty thousand dollars, theft	358
from an elderlya person or disabled adultin a protected class is	359
a felony of the second degree. If the value of the property or	360
services stolen is one hundred fifty thousand dollars or more,	361
theft from an elderlya person or disabled adultin a protected	362
class is a felony of the first degree.	363

(4) If the property stolen is a firearm or dangerous	364
ordnance, a violation of this section is grand theft. Except as	365
otherwise provided in this division, grand theft when the property	366
stolen is a firearm or dangerous ordnance is a felony of the third	367
degree, and there is a presumption in favor of the court imposing	368
a prison term for the offense. If the firearm or dangerous	369
ordnance was stolen from a federally licensed firearms dealer,	370
grand theft when the property stolen is a firearm or dangerous	371
ordnance is a felony of the first degree. The offender shall serve	372
a prison term imposed for grand theft when the property stolen is	373
a firearm or dangerous ordnance consecutively to any other prison	374
term or mandatory prison term previously or subsequently imposed	375
upon the offender.	376

(5) If the property stolen is a motor vehicle, a violation of	377
this section is grand theft of a motor vehicle, a felony of the	378
fourth degree.	379

(6) If the property stolen is any dangerous drug, a violation	380
of this section is theft of drugs, a felony of the fourth degree,	381
or, if the offender previously has been convicted of a felony drug	382
abuse offense, a felony of the third degree.	383

(7) If the property stolen is a police dog or horse or an	384
assistance dog and the offender knows or should know that the	385
property stolen is a police dog or horse or an assistance dog, a	386
violation of this section is theft of a police dog or horse or an	387
assistance dog, a felony of the third degree.	388

(8) If the property stolen is anhydrous ammonia, a violation	389
of this section is theft of anhydrous ammonia, a felony of the	390
third degree.	391

(9) Except as provided in division (B)(2) of this section	392
with respect to property with a value of seven thousand five	393
hundred dollars or more and division (B)(3) of this section with	394
respect to property with a value of one thousand dollars or more,	395
if the property stolen is a special purpose article as defined in	396
section 4737.04 of the Revised Code or is a bulk merchandise	397
container as defined in section 4737.012 of the Revised Code, a	398
violation of this section is theft of a special purpose article or	399
articles or theft of a bulk merchandise container or containers, a	400
felony of the fifth degree.	401

(10) In addition to the penalties described in division	402
(B)(2) of this section, if the offender committed the violation by	403
causing a motor vehicle to leave the premises of an establishment	404
at which gasoline is offered for retail sale without the offender	405
making full payment for gasoline that was dispensed into the fuel	406
tank of the motor vehicle or into another container, the court may	407
do one of the following:	408

(a) Unless division (B)(10)(b) of this section applies,	409
suspend for not more than six months the offender's driver's	410
license, probationary driver's license, commercial driver's	411
license, temporary instruction permit, or nonresident operating	412
privilege;	413

(b) If the offender's driver's license, probationary driver's	414
license, commercial driver's license, temporary instruction	415
permit, or nonresident operating privilege has previously been	416
suspended pursuant to division (B)(10)(a) of this section, impose	417
a class seven suspension of the offender's license, permit, or	418
privilege from the range specified in division (A)(7) of section	419
4510.02 of the Revised Code, provided that the suspension shall be	420
for at least six months.	421

(c) The court, in lieu of suspending the offender's driver's	422
or commercial driver's license, probationary driver's license,	423
temporary instruction permit, or nonresident operating privilege	424
pursuant to division (B)(10)(a) or (b) of this section, instead	425
may require the offender to perform community service for a number	426
of hours determined by the court.	427

(11) In addition to the penalties described in division	428
(B)(2) of this section, if the offender committed the violation by	429
stealing rented property or rental services, the court may order	430
that the offender make restitution pursuant to section 2929.18 or	431
2929.28 of the Revised Code. Restitution may include, but is not	432
limited to, the cost of repairing or replacing the stolen	433
property, or the cost of repairing the stolen property and any	434
loss of revenue resulting from deprivation of the property due to	435
theft of rental services that is less than or equal to the actual	436
value of the property at the time it was rented. Evidence of	437
intent to commit theft of rented property or rental services shall	438
be determined pursuant to the provisions of section 2913.72 of the	439
Revised Code.	440

(C) The sentencing court that suspends an offender's license,	441
permit, or nonresident operating privilege under division (B)(10)	442
of this section may grant the offender limited driving privileges	443
during the period of the suspension in accordance with Chapter	444
4510. of the Revised Code.	445

Sec. 2913.43.  (A) No person, by deception, shall cause	446
another to execute any writing that disposes of or encumbers	447
property, or by which a pecuniary obligation is incurred.	448

(B)(1) Whoever violates this section is guilty of securing	449
writings by deception.	450

(2) Except as otherwise provided in this division or division	451
(B)(3) of this section, securing writings by deception is a	452
misdemeanor of the first degree. If the value of the property or	453
the obligation involved is one thousand dollars or more and less	454
than seven thousand five hundred dollars, securing writings by	455
deception is a felony of the fifth degree. If the value of the	456
property or the obligation involved is seven thousand five hundred	457
dollars or more and is less than one hundred fifty thousand	458
dollars, securing writings by deception is a felony of the fourth	459
degree. If the value of the property or the obligation involved is	460
one hundred fifty thousand dollars or more, securing writings by	461
deception is a felony of the third degree.	462

(3) If the victim of the offense is an elderly person or,	463
disabled adult, active duty service member, or spouse of an active	464
duty service member, division (B)(3) of this section applies.	465
Except as otherwise provided in division (B)(3) of this section,	466
securing writings by deception is a felony of the fifth degree. If	467
the value of the property or obligation involved is one thousand	468
dollars or more and is less than seven thousand five hundred	469
dollars, securing writings by deception is a felony of the fourth	470
degree. If the value of the property or obligation involved is	471
seven thousand five hundred dollars or more and is less than	472
thirty-seven thousand five hundred dollars, securing writings by	473
deception is a felony of the third degree. If the value of the	474
property or obligation involved is thirty-seven thousand five	475
hundred dollars or more, securing writings by deception is a	476
felony of the second degree.	477

Sec. 2913.49.  (A) As used in this section, "personal	478
identifying information" includes, but is not limited to, the	479
following: the name, address, telephone number, driver's license,	480
driver's license number, commercial driver's license, commercial	481
driver's license number, state identification card, state	482
identification card number, social security card, social security	483
number, birth certificate, place of employment, employee	484
identification number, mother's maiden name, demand deposit	485
account number, savings account number, money market account	486
number, mutual fund account number, other financial account	487
number, personal identification number, password, or credit card	488
number of a living or dead individual.	489

(B) No person, without the express or implied consent of the	490
other person, shall use, obtain, or possess any personal	491
identifying information of another person with intent to do either	492
of the following:	493

(1) Hold the person out to be the other person;

494

(2) Represent the other person's personal identifying	495
information as the person's own personal identifying information.	496

(C) No person shall create, obtain, possess, or use the	497
personal identifying information of any person with the intent to	498
aid or abet another person in violating division (B) of this	499
section.	500

(D) No person, with intent to defraud, shall permit another	501
person to use the person's own personal identifying information.	502

(E) No person who is permitted to use another person's	503
personal identifying information as described in division (D) of	504
this section shall use, obtain, or possess the other person's	505
personal identifying information with intent to defraud any person	506
by doing any act identified in division (B)(1) or (2) of this	507
section.	508

(F)(1) It is an affirmative defense to a charge under	509
division (B) of this section that the person using the personal	510
identifying information is acting in accordance with a legally	511
recognized guardianship or conservatorship or as a trustee or	512
fiduciary.	513

(2) It is an affirmative defense to a charge under division	514
(B), (C), (D), or (E) of this section that either of the following	515
applies:	516

(a) The person or entity using, obtaining, possessing, or	517
creating the personal identifying information or permitting it to	518
be used is a law enforcement agency, authorized fraud personnel,	519
or a representative of or attorney for a law enforcement agency or	520
authorized fraud personnel and is using, obtaining, possessing, or	521
creating the personal identifying information or permitting it to	522
be used, with prior consent given as specified in this division,	523
in a bona fide investigation, an information security evaluation,	524
a pretext calling evaluation, or a similar matter. The prior	525
consent required under this division shall be given by the person	526
whose personal identifying information is being used, obtained,	527
possessed, or created or is being permitted to be used or, if the	528
person whose personal identifying information is being used,	529
obtained, possessed, or created or is being permitted to be used	530
is deceased, by that deceased person's executor, or a member of	531
that deceased person's family, or that deceased person's attorney.	532
The prior consent required under this division may be given orally	533
or in writing by the person whose personal identifying information	534
is being used, obtained, possessed, or created or is being	535
permitted to be used or that person's executor, or family member,	536
or attorney.	537

(b) The personal identifying information was obtained,	538
possessed, used, created, or permitted to be used for a lawful	539
purpose, provided that division (F)(2)(b) of this section does not	540
apply if the person or entity using, obtaining, possessing, or	541
creating the personal identifying information or permitting it to	542
be used is a law enforcement agency, authorized fraud personnel,	543
or a representative of or attorney for a law enforcement agency or	544
authorized fraud personnel that is using, obtaining, possessing,	545
or creating the personal identifying information or permitting it	546
to be used in an investigation, an information security	547
evaluation, a pretext calling evaluation, or similar matter.	548

(G) It is not a defense to a charge under this section that	549
the person whose personal identifying information was obtained,	550
possessed, used, created, or permitted to be used was deceased at	551
the time of the offense.	552

(H)(1) If an offender commits a violation of division (B),	553
(D), or (E) of this section and the violation occurs as part of a	554
course of conduct involving other violations of division (B), (D),	555
or (E) of this section or violations of, attempts to violate,	556
conspiracies to violate, or complicity in violations of division	557
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	558
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	559
court, in determining the degree of the offense pursuant to	560
division (I) of this section, may aggregate all credit, property,	561
or services obtained or sought to be obtained by the offender and	562
all debts or other legal obligations avoided or sought to be	563
avoided by the offender in the violations involved in that course	564
of conduct. The course of conduct may involve one victim or more	565
than one victim.	566

(2) If an offender commits a violation of division (C) of	567
this section and the violation occurs as part of a course of	568
conduct involving other violations of division (C) of this section	569
or violations of, attempts to violate, conspiracies to violate, or	570
complicity in violations of division (B), (D), or (E) of this	571
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	572
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	573
determining the degree of the offense pursuant to division (I) of	574
this section, may aggregate all credit, property, or services	575
obtained or sought to be obtained by the person aided or abetted	576
and all debts or other legal obligations avoided or sought to be	577
avoided by the person aided or abetted in the violations involved	578
in that course of conduct. The course of conduct may involve one	579
victim or more than one victim.	580

(I)(1) Whoever violates this section is guilty of identity	581
fraud.	582

(2) Except as otherwise provided in this division or division	583
(I)(3) of this section, identity fraud is a felony of the fifth	584
degree. If the value of the credit, property, services, debt, or	585
other legal obligation involved in the violation or course of	586
conduct is one thousand dollars or more and is less than seven	587
thousand five hundred dollars, except as otherwise provided in	588
division (I)(3) of this section, identity fraud is a felony of the	589
fourth degree. If the value of the credit, property, services,	590
debt, or other legal obligation involved in the violation or	591
course of conduct is seven thousand five hundred dollars or more	592
and is less than one hundred fifty thousand dollars, except as	593
otherwise provided in division (I)(3) of this section, identity	594
fraud is a felony of the third degree. If the value of the credit,	595
property, services, debt, or other legal obligation involved in	596
the violation or course of conduct is one hundred fifty thousand	597
dollars or more, except as otherwise provided in division (I)(3)	598
of this section, identity fraud is a felony of the second degree.	599

(3) If the victim of the offense is an elderly person or,	600
disabled adult, active duty service member, or spouse of an active	601
duty service member, a violation of this section is identity fraud	602
against an elderlya person or disabled adultin a protected	603
class. Except as otherwise provided in this division, identity	604
fraud against an elderlya person or disabled adultin a protected	605
class is a felony of the fifthfourth degree. If the value of the	606
credit, property, services, debt, or other legal obligation	607
involved in the violation or course of conduct is one thousand	608
dollars or more and is less than seven thousand five hundred	609
dollars, identity fraud against an elderlya person or disabled	610
adultin a protected class is a felony of the third degree. If the	611
value of the credit, property, services, debt, or other legal	612
obligation involved in the violation or course of conduct is seven	613
thousand five hundred dollars or more and is less than one hundred	614
fifty thousand dollars, identity fraud against an elderlya person	615
or disabled adultin a protected class is a felony of the second	616
degree. If the value of the credit, property, services, debt, or	617
other legal obligation involved in the violation or course of	618
conduct is one hundred fifty thousand dollars or more, identity	619
fraud against an elderlya person or disabled adultin a protected	620
class is a felony of the first degree.	621

(J) In addition to the penalties described in division (I) of	622
this section, anyone injured in person or property by a violation	623
of division (B), (D), or (E) of this section who is the owner of	624
the identifying information involved in that violation has a civil	625
action against the offender pursuant to section 2307.60 of the	626
Revised Code. That person may also bring a civil action to enjoin	627
or restrain future acts that would constitute a violation of	628
division (B), (D), or (E) of this section.	629

Sec. 2913.61.  (A) When a person is charged with a theft	630
offense, or with a violation of division (A)(1) of section 1716.14	631
of the Revised Code involving a victim who is an elderly person or	632
disabled adult that involves property or services valued at one	633
thousand dollars or more, property or services valued at one	634
thousand dollars or more and less than seven thousand five hundred	635
dollars, property or services valued at one thousand five hundred	636
dollars or more and less than seven thousand five hundred dollars,	637
property or services valued at seven thousand five hundred dollars	638
or more and less than thirty-seven thousand five hundred dollars,	639
property or services valued at seven thousand five hundred dollars	640
or more and less than one hundred fifty thousand dollars, property	641
or services valued at thirty-seven thousand five hundred dollars	642
or more and less than one hundred fifty thousand dollars, property	643
or services valued at thirty-seven thousand five hundred dollars	644
or more, property or services valued at one hundred fifty thousand	645
dollars or more, property or services valued at one hundred fifty	646
thousand dollars or more and less than seven hundred fifty	647
thousand dollars, property or services valued at seven hundred	648
fifty thousand dollars or more and less than one million five	649
hundred thousand dollars, or property or services valued at one	650
million five hundred thousand dollars or more, the jury or court	651
trying the accused shall determine the value of the property or	652
services as of the time of the offense and, if a guilty verdict is	653
returned, shall return the finding of value as part of the	654
verdict. In any case in which the jury or court determines that	655
the value of the property or services at the time of the offense	656
was one thousand dollars or more, it is unnecessary to find and	657
return the exact value, and it is sufficient if the finding and	658
return is to the effect that the value of the property or services	659
involved was one thousand dollars or more, was one thousand	660
dollars or more and less than seven thousand five hundred dollars,	661
was one thousand five hundred dollars or more and less than seven	662
thousand five hundred dollars, was seven thousand five hundred	663
dollars or more and less than thirty-seven thousand five hundred	664
dollars, was seven thousand five hundred dollars or more and less	665
than thirty-seven thousand five hundred dollars, was seven	666
thousand five hundred dollars or more and less than one hundred	667
fifty thousand dollars, was thirty-seven thousand five hundred	668
dollars or more and less than one hundred fifty thousand dollars,	669
was thirty-seven thousand five hundred dollars or more and less	670
than one hundred fifty thousand dollars, was one hundred fifty	671
thousand dollars or more, was one hundred fifty thousand dollars	672
or more and less than seven hundred fifty thousand dollars, was	673
seven hundred fifty thousand dollars or more and less than one	674
million five hundred thousand dollars, or was one million five	675
hundred thousand dollars or more, whichever is relevant regarding	676
the offense.	677

(B) If more than one item of property or services is involved	678
in a theft offense or in a violation of division (A)(1) of section	679
1716.14 of the Revised Code involving a victim who is an elderly	680
person or disabled adult, the value of the property or services	681
involved for the purpose of determining the value as required by	682
division (A) of this section is the aggregate value of all	683
property or services involved in the offense.	684

(C)(1) When a series of offenses under section 2913.02 of the	685
Revised Code, or a series of violations of, attempts to commit a	686
violation of, conspiracies to violate, or complicity in violations	687
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	688
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	689
2913.31 or 2913.43 of the Revised Code involving a victim who is	690
an elderly person or disabled adult, is committed by the offender	691
in the offender's same employment, capacity, or relationship to	692
another, all of those offenses shall be tried as a single offense.	693
When a series of offenses under section 2913.02 of the Revised	694
Code, or a series of violations of, attempts to commit a violation	695
of, conspiracies to violate, or complicity in violations of	696
section 2913.02 or 2913.43 of the Revised Code involving a victim	697
who is an active duty service member or spouse of an active duty	698
service member is committed by the offender in the offender's same	699
employment, capacity, or relationship to another, all of those	700
offenses shall be tried as a single offense. The value of the	701
property or services involved in the series of offenses for the	702
purpose of determining the value as required by division (A) of	703
this section is the aggregate value of all property and services	704
involved in all offenses in the series.	705

(2) If an offender commits a series of offenses under section	706
2913.02 of the Revised Code that involves a common course of	707
conduct to defraud multiple victims, all of the offenses may be	708
tried as a single offense. If an offender is being tried for the	709
commission of a series of violations of, attempts to commit a	710
violation of, conspiracies to violate, or complicity in violations	711
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	712
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	713
2913.31 or 2913.43 of the Revised Code, whether committed against	714
one victim or more than one victim, involving a victim who is an	715
elderly person or disabled adult, pursuant to a scheme or course	716
of conduct, all of those offenses may be tried as a single	717
offense. If an offender is being tried for the commission of a	718
series of violations of, attempts to commit a violation of,	719
conspiracies to violate, or complicity in violations of section	720
2913.02 or 2913.43 of the Revised Code, whether committed against	721
one victim or more than one victim, involving a victim who is an	722
active duty service member or spouse of an active duty service	723
member pursuant to a scheme or course of conduct, all of those	724
offenses may be tried as a single offense. If the offenses are	725
tried as a single offense, the value of the property or services	726
involved for the purpose of determining the value as required by	727
division (A) of this section is the aggregate value of all	728
property and services involved in all of the offenses in the	729
course of conduct.	730

(3) When a series of two or more offenses under section	731
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	732
the offender in the offender's same employment, capacity, or	733
relationship to another, all of those offenses may be tried as a	734
single offense. If the offenses are tried as a single offense, the	735
value of the property or services involved for the purpose of	736
determining the value as required by division (A) of this section	737
is the aggregate value of all property and services involved in	738
all of the offenses in the series of two or more offenses.	739

(4) In prosecuting a single offense under division (C)(1),	740
(2), or (3) of this section, it is not necessary to separately	741
allege and prove each offense in the series. Rather, it is	742
sufficient to allege and prove that the offender, within a given	743
span of time, committed one or more theft offenses or violations	744
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	745
offender's same employment, capacity, or relationship to another	746
as described in division (C)(1) or (3) of this section, or	747
committed one or more theft offenses that involve a common course	748
of conduct to defraud multiple victims or a scheme or course of	749
conduct as described in division (C)(2) of this section. While it	750
is not necessary to separately allege and prove each offense in	751
the series in order to prosecute a single offense under division	752
(C)(1), (2), or (3) of this section, it remains necessary in	753
prosecuting them as a single offense to prove the aggregate value	754
of the property or services in order to meet the requisite	755
statutory offense level sought by the prosecution.	756

(D) The following criteria shall be used in determining the	757
value of property or services involved in a theft offense:	758

(1) The value of an heirloom, memento, collector's item,	759
antique, museum piece, manuscript, document, record, or other	760
thing that has intrinsic worth to its owner and that either is	761
irreplaceable or is replaceable only on the expenditure of	762
substantial time, effort, or money, is the amount that would	763
compensate the owner for its loss.	764

(2) The value of personal effects and household goods, and of	765
materials, supplies, equipment, and fixtures used in the	766
profession, business, trade, occupation, or avocation of its	767
owner, which property is not covered under division (D)(1) of this	768
section and which retains substantial utility for its purpose	769
regardless of its age or condition, is the cost of replacing the	770
property with new property of like kind and quality.	771

(3) The value of any real or personal property that is not	772
covered under division (D)(1) or (2) of this section, and the	773
value of services, is the fair market value of the property or	774
services. As used in this section, "fair market value" is the	775
money consideration that a buyer would give and a seller would	776
accept for property or services, assuming that the buyer is	777
willing to buy and the seller is willing to sell, that both are	778
fully informed as to all facts material to the transaction, and	779
that neither is under any compulsion to act.	780

(E) Without limitation on the evidence that may be used to	781
establish the value of property or services involved in a theft	782
offense:	783

(1) When the property involved is personal property held for	784
sale at wholesale or retail, the price at which the property was	785
held for sale is prima-facie evidence of its value.	786

(2) When the property involved is a security or commodity	787
traded on an exchange, the closing price or, if there is no	788
closing price, the asked price, given in the latest market	789
quotation prior to the offense is prima-facie evidence of the	790
value of the security or commodity.	791

(3) When the property involved is livestock, poultry, or raw	792
agricultural products for which a local market price is available,	793
the latest local market price prior to the offense is prima-facie	794
evidence of the value of the livestock, poultry, or products.	795

(4) When the property involved is a negotiable instrument,	796
the face value is prima-facie evidence of the value of the	797
instrument.	798

(5) When the property involved is a warehouse receipt, bill	799
of lading, pawn ticket, claim check, or other instrument entitling	800
the holder or bearer to receive property, the face value or, if	801
there is no face value, the value of the property covered by the	802
instrument less any payment necessary to receive the property is	803
prima-facie evidence of the value of the instrument.	804

(6) When the property involved is a ticket of admission,	805
ticket for transportation, coupon, token, or other instrument	806
entitling the holder or bearer to receive property or services,	807
the face value or, if there is no face value, the value of the	808
property or services that may be received by the instrument is	809
prima-facie evidence of the value of the instrument.	810

(7) When the services involved are gas, electricity, water,	811
telephone, transportation, shipping, or other services for which	812
the rate is established by law, the duly established rate is	813
prima-facie evidence of the value of the services.	814

(8) When the services involved are services for which the	815
rate is not established by law, and the offender has been notified	816
prior to the offense of the rate for the services, either in	817
writing, orally, or by posting in a manner reasonably calculated	818
to come to the attention of potential offenders, the rate	819
contained in the notice is prima-facie evidence of the value of	820
the services.	821

Section 2.  That existing sections 2913.01, 2913.02, 2913.43,	822
2913.49, and 2913.61 of the Revised Code are hereby repealed.	823