SENATORS Austria, Jordan, Schuring, Amstutz, Carnes, Harris, Jacobson, Mumper, Robert Gardner

To amend sections 1547.69, 2911.21, 2913.02, 2913.04,

1

2921.13, 2923.11, 2923.12, 2923.121, 2923.122,

2

2923.123, 2923.13, 2923.16, 2929.14, 2953.32, and

3

4749.10 and to enact sections 109.69, 109.731,

4

181.251, 311.41, 311.42, 2923.124, 2923.125,

5

2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,

6

2923.1211, 2923.1212, 2923.1213, 2923.25, and

7

5122.311 of the Revised Code to authorize county

8

sheriffs to issue licenses to carry concealed

9

handguns to certain persons, to create the

10

offenses of falsification to obtain a concealed

11

handgun license, falsification of a concealed

12

handgun license, and possessing a revoked or

13

suspended concealed handgun license, to increase

14

the penalty for theft of a firearm and having

15

weapons while under disability, to modify the

16

definition of handgun that applies in the Weapons

17

Control Law, to require the Office of Criminal

18

Justice Services to prepare and distribute to

19

federally licensed firearms dealers a poster and

20

brochure that describe safe firearms practices, to

21

require federally licensed firearms dealers to

22

offer gun locking device to purchasers at the time

23

of sale, post the poster, and provide the brochure

24

to purchasers, and to maintain the provisions of

25

this act on and after January 1, 2004, by amending

26

the versions of sections 2923.122, 2929.14, and

27

2953.32 of the Revised Code that take effect on

28

that date.

29

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

Section 1.  That sections 1547.69, 2911.21, 2913.02, 2913.04,	30
2921.13, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.13,	31
2923.16, 2929.14, 2953.32, and 4749.10 be amended and sections	32
109.69, 109.731, 181.251, 311.41, 311.42, 2923.124, 2923.125,	33
2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211,	34
2923.1212, 2923.1213, 2923.25, and 5122.311 of the Revised Code be	35
enacted to read as follows:	36

Sec. 109.69. (A)(1) The attorney general shall negotiate and	37
enter into a reciprocity agreement with any other license-issuing	38
state under which a license to carry a concealed handgun that is	39
issued by the other state is recognized in this state if the	40
attorney general determines that both of the following apply:	41

(a) The eligibility requirements imposed by that	42
license-issuing state for that license are substantially	43
comparable to the eligibility requirements for a license to carry	44
a concealed handgun issued under section 2923.125 of the Revised	45
Code.	46

(b) That license-issuing state recognizes a license to carry	47
a concealed handgun issued under section 2923.125 of the Revised	48
Code.	49

(2) A reciprocity agreement entered into under division	50
(A)(1) of this section also may provide for the recognition in	51
this state of a license to carry a concealed handgun issued on a	52
temporary or emergency basis by the other license-issuing state,	53
if the eligibility requirements imposed by that license-issuing	54
state for the temporary or emergency license are substantially	55
comparable to the eligibility requirements for a license or	56
temporary emergency license to carry a concealed handgun issued	57
under section 2923.125 or 2923.1213 of the Revised Code and if	58
that license-issuing state recognizes a temporary emergency	59
license to carry a concealed handgun issued under section	60
2923.1213 of the Revised Code.	61

(3) The attorney general shall not negotiate any agreement	62
with any other license-issuing state under which a license to	63
carry a concealed handgun that is issued by the other state is	64
recognized in this state other than as provided in divisions	65
(A)(1) and (2) of this section.	66

(B) As used in this section:

67

(1) "Handgun" has the same meaning as in section 2923.11 of	68
the Revised Code.	69

(2) "License-issuing state" means a state other than this	70
state that, pursuant to law, provides for the issuance of a	71
license to carry a concealed handgun.	72

Sec. 109.731.  (A) The Ohio peace officer training commission	73
shall prescribe, and shall make available to sheriffs, all of the	74
following:	75

(1) An application form that is to be used under section	76
2923.125 of the Revised Code by a person who applies for a license	77
to carry a concealed handgun or for the renewal of a license of	78
that nature and that conforms substantially to the form prescribed	79
in section 2923.1210 of the Revised Code;	80

(2) A form for the license to carry a concealed handgun that	81
is to be issued by sheriffs to persons who qualify for a license	82
to carry a concealed handgun under section 2923.125 of the Revised	83
Code and that conforms to the following requirements:	84

(a) It has space for the licensee's full name, residence	85
address, and date of birth and for a color photograph of the	86
licensee.	87

(b) It has space for the date of issuance of the license, its	88
expiration date, its county of issuance, the name of the sheriff	89
who issues the license, and the unique combination of letters and	90
numbers that identify the county of issuance and the license given	91
to the licensee by the sheriff in accordance with division (A)(4)	92
of this section.	93

(c) It has space for the signature of the licensee and the	94
signature or a facsimile signature of the sheriff who issues the	95
license.	96

(d) It does not require the licensee to include serial	97
numbers of handguns, other identification related to handguns, or	98
similar data that is not pertinent or relevant to obtaining the	99
license and that could be used as a de facto means of registration	100
of handguns owned by the licensee.	101

(3) A series of three-letter county codes that identify each	102
county in this state;	103

(4) A procedure by which a sheriff shall give each license,	104
replacement license, or renewal license to carry a concealed	105
handgun and each temporary emergency license or replacement	106
temporary emergency license to carry a concealed handgun the	107
sheriff issues under section 2923.125 or 2923.1213 of the Revised	108
Code a unique combination of letters and numbers that identifies	109
the county in which the license or temporary emergency license was	110
issued and that uses the county code and a unique number for each	111
license and each temporary emergency license the sheriff of that	112
county issues;	113

(5) A form for the temporary emergency license to carry a	114
concealed handgun that is to be issued by sheriffs to persons who	115
qualify for a temporary emergency license under section 2923.1213	116
of the Revised Code, which form shall conform to all the	117
requirements set forth in divisions (A)(2)(a) to (d) of this	118
section and shall additionally conspicuously specify that the	119
license is a temporary emergency license and the date of its	120
issuance.	121

(B)(1) The Ohio peace officer training commission, in	122
consultation with the attorney general, shall prepare a pamphlet	123
that does all of the following, in everyday language:	124

(a) Explains the firearms laws of this state;

125

(b) Instructs the reader in dispute resolution and explains	126
the laws of this state related to that matter;	127

(c) Provides information to the reader regarding all aspects	128
of the use of deadly force with a firearm, including, but not	129
limited to, the steps that should be taken before contemplating	130
the use of, or using, deadly force with a firearm, possible	131
alternatives to using deadly force with a firearm, and the law	132
governing the use of deadly force with a firearm.	133

(2) The attorney general shall consult with and assist the	134
commission in the preparation of the pamphlet described in	135
division (B)(1) of this section and, as necessary, shall recommend	136
to the commission changes in the pamphlet to reflect changes in	137
the law that are relevant to it. The commission shall make copies	138
of the pamphlet available to any person, public entity, or private	139
entity that operates or teaches a training course, class, or	140
program described in division (B)(3)(a), (b), (c), and (e) of	141
section 2923.125 of the Revised Code and requests copies for	142
distribution to persons who take the course, class, or program,	143
and to sheriffs for distribution to applicants under section	144
2923.125 of the Revised Code for a license to carry a concealed	145
handgun and applicants under that section for the renewal of a	146
license to carry a concealed handgun.	147

(C)(1) The Ohio peace officer training commission, in	148
consultation with the attorney general, shall prescribe a fee to	149
be paid by an applicant under section 2923.125 of the Revised Code	150
for a license to carry a concealed handgun or for the renewal of a	151
license to carry a concealed handgun as follows:	152

(a) For an applicant who has been a resident of this state	153
for five or more years, an amount that does not exceed the lesser	154
of the actual cost of issuing the license, including, but not	155
limited to, the cost of conducting the criminal records check, or	156
forty-five dollars;	157

(b) For an applicant who has been a resident of this state	158
for less than five years, an amount that shall consist of the	159
actual cost of having a criminal background check performed by the	160
federal bureau of investigation, if one is so performed, plus the	161
lesser of the actual cost of issuing the license, including, but	162
not limited to, the cost of conducting the criminal records check,	163
or forty-five dollars.	164

(2) The commission, in consultation with the attorney	165
general, shall specify the portion of the fee prescribed under	166
division (C)(1) of this section that will be used to pay each	167
particular cost of the issuance of the license. The sheriff shall	168
deposit all fees paid by an applicant under section 2923.125 of	169
the Revised Code into the sheriff's concealed handgun license	170
issuance expense fund established pursuant to section 311.42 of	171
the Revised Code.	172

(D) The Ohio peace officer training commission shall maintain	173
statistics with respect to the issuance, renewal, suspension,	174
revocation, and denial of licenses to carry a concealed handgun	175
and the suspension of processing of applications for those	176
licenses, and with respect to the issuance, suspension,	177
revocation, and denial of temporary emergency licenses to carry a	178
concealed handgun, as reported by the sheriffs pursuant to	179
division (C) of section 2923.129 of the Revised Code. Not later	180
than the first day of March in each year, the commission shall	181
submit a statistical report to the governor, the president of the	182
senate, and the speaker of the house of representatives indicating	183
the number of licenses to carry a concealed handgun that were	184
issued, renewed, suspended, revoked, and denied in the previous	185
calendar year, the number of applications for those licenses for	186
which processing was suspended in accordance with division (D)(3)	187
of section 2923.125 of the Revised Code in the previous calendar	188
year, and the number of temporary emergency licenses to carry a	189
concealed handgun that were issued, suspended, revoked, or denied	190
in the previous calendar year. Nothing in the statistics or the	191
statistical report shall identify, or enable the identification	192
of, any individual who was issued or denied a license, for whom a	193
license was renewed, whose license was suspended or revoked, or	194
for whom application processing was suspended. The statistics and	195
the statistical report are public records for the purpose of	196
section 149.43 of the Revised Code.	197

(E) As used in this section, "handgun" has the same meaning	198
as in section 2923.11 of the Revised Code.	199

Sec. 181.251. The office of criminal justice services shall	200
prepare a poster and a brochure that describe safe firearms	201
practices. The poster and brochure shall contain typeface that is	202
at least one-quarter inch tall. The office shall furnish copies of	203
the poster and brochure free of charge to each federally licensed	204
firearms dealer in this state.	205

As used in this section, "federally licensed firearms dealer"	206
means an importer, manufacturer, or dealer having a license to	207
deal in destructive devices or their ammunition, issued and in	208
effect pursuant to the federal "Gun Control Act of 1968," 82 Stat.	209
1213, 18 U.S.C. 923 et seq., and any amendments or additions to	210
that act or reenactments of that act.	211

Sec. 311.41. (A)(1) Upon receipt of an application for a	212
license to carry a concealed handgun under division (C) of section	213
2923.125 of the Revised Code, an application to renew a license to	214
carry a concealed handgun under division (F) of that section, or	215
an application for a temporary emergency license to carry a	216
concealed handgun under section 2923.1213 of the Revised Code, the	217
sheriff shall conduct a criminal records check and an incompetency	218
check of the applicant to determine whether the applicant fails to	219
meet the criteria described in division (D)(1) of section 2923.125	220
of the Revised Code. The sheriff shall conduct the criminal	221
records check and the incompetency records check required by this	222
division through use of an electronic fingerprint reading device	223
or, if the sheriff does not possess and does not have ready access	224
to the use of an electronic fingerprint reading device, by	225
requesting the bureau of criminal identification and investigation	226
to conduct the checks as described in this division. In order to	227
conduct the criminal records check and the incompetency records	228
check, the sheriff shall obtain the fingerprints of not more than	229
four fingers of the applicant by using an electronic fingerprint	230
reading device for the purpose of conducting the criminal records	231
check and the incompetency records check or, if the sheriff does	232
not possess and does not have ready access to the use of an	233
electronic fingerprint reading device, shall obtain from the	234
applicant a completed standard fingerprint impression sheet	235
prescribed pursuant to division (C)(2) of section 109.572 of the	236
Revised Code. The fingerprints so obtained, along with the	237
applicant's social security number, shall be used to conduct the	238
criminal records check and the incompetency records check. If the	239
sheriff does not use an electronic fingerprint reading device to	240
obtain the fingerprints and conduct the records checks, the	241
sheriff shall submit the completed standard fingerprint impression	242
sheet of the applicant, along with the applicant's social security	243
number, to the superintendent of the bureau of criminal	244
identification and investigation and shall request the bureau to	245
conduct the criminal records check and the incompetency records	246
check of the applicant and, if necessary, shall request the	247
superintendent of the bureau to obtain information from the	248
federal bureau of investigation as part of the criminal records	249
check for the applicant. If it is not possible to use an	250
electronic fingerprint reading device to conduct an incompetency	251
records check, the sheriff shall submit the completed standard	252
fingerprint impression sheet of the applicant, along with the	253
applicant's social security number, to the superintendent of the	254
bureau of criminal identification and investigation and shall	255
request the bureau to conduct the incompetency records check. The	256
sheriff shall not retain the applicant's fingerprints as part of	257
the application.	258

(2) Except as otherwise provided in this division, if at any	259
time the applicant decides not to continue with the application	260
process, the sheriff immediately shall cease any investigation	261
that is being conducted under division (A)(1) of this section. The	262
sheriff shall not cease that investigation if, at the time of the	263
applicant's decision not to continue with the application process,	264
the sheriff had determined from any of the sheriff's	265
investigations that the applicant then was engaged in activity of	266
a criminal nature.	267

(B) If a criminal records check and an incompetency records	268
check conducted under division (A) of this section do not indicate	269
that the applicant fails to meet the criteria described in	270
division (D)(1) of section 2923.125 of the Revised Code, except as	271
otherwise provided in this division, the sheriff shall destroy or	272
cause a designated employee to destroy all records other than the	273
application for a license to carry a concealed handgun, the	274
application to renew a license to carry a concealed handgun, or	275
the affidavit submitted regarding an application for a temporary	276
emergency license to carry a concealed handgun that were made in	277
connection with the criminal records check and incompetency	278
records check within twenty days after conducting the criminal	279
records check and incompetency records check. If an applicant	280
appeals a denial of an application as described in division (D)	281
(2) of section 2923.125 of the Revised Code or challenges the	282
results of a criminal records check pursuant to section 2923.127	283
of the Revised Code, records of fingerprints of the applicant	284
shall not be destroyed during the pendency of the appeal or the	285
challenge and review. When an applicant appeals a denial as	286
described in that division, the twenty-day period described in	287
this division commences regarding the fingerprints upon the	288
determination of the appeal. When required as a result of a	289
challenge and review performed pursuant to section 2923.127 of the	290
Revised Code, the source the sheriff used in conducting the	291
criminal records check shall destroy or the chief operating	292
officer of the source shall cause an employee of the source	293
designated by the chief to destroy all records other than the	294
application for a license to carry a concealed handgun, the	295
application to renew a license to carry a concealed handgun, or	296
the affidavit submitted regarding an application for a temporary	297
emergency license to carry a concealed handgun that were made in	298
connection with the criminal records check within twenty days	299
after completion of that challenge and review.	300

(C) If division (B) of this section applies to a particular	301
criminal records check or incompetency records check, no sheriff,	302
employee of a sheriff designated by the sheriff to destroy records	303
under that division, source the sheriff used in conducting the	304
criminal records check or incompetency records check, or employee	305
of the source designated by the chief operating officer of the	306
source to destroy records under that division shall fail to	307
destroy or cause to be destroyed within the applicable twenty-day	308
period specified in that division all records other than the	309
application for a license to carry a concealed handgun, the	310
application to renew a license to carry a concealed handgun, or	311
the affidavit submitted regarding an application for a temporary	312
emergency license to carry a concealed handgun made in connection	313
with the particular criminal records check or incompetency records	314
check.	315

(D) Whoever violates division (C) of this section is guilty	316
of failure to destroy records, a misdemeanor of the second degree.	317

(E) As used in this section, "handgun" has the same meaning	318
as in section 2923.11 of the Revised Code.	319

Sec. 311.42.  (A) Each county shall establish in the county	320
treasury a sheriff's concealed handgun license issuance expense	321
fund. The sheriff of that county shall deposit into that fund all	322
fees paid by applicants for the issuance or renewal of a license	323
or duplicate license to carry a concealed handgun under section	324
2923.125 of the Revised Code and all fees paid by the person	325
seeking a temporary emergency license to carry a concealed handgun	326
under section 2923.1213 of the Revised Code. The county shall	327
distribute the fees deposited into the fund in accordance with the	328
specifications prescribed by the Ohio peace officer training	329
commission under division (C) of section 109.731 of the Revised	330
Code.	331

(B) The sheriff, with the approval of the board of county	332
commissioners, may expend any county portion of the fees deposited	333
into the sheriff's concealed handgun license issuance expense fund	334
for any costs incurred by the sheriff in connection with	335
performing any administrative functions related to the issuance of	336
licenses or temporary emergency licenses to carry a concealed	337
handgun under section 2923.125 or 2923.1213 of the Revised Code,	338
including, but not limited to, personnel expenses and the costs of	339
any handgun safety education program that the sheriff chooses to	340
fund.	341

Sec. 1547.69.  (A) As used in this section:

342

(1) "Firearm" hasand "handgun" have the same meaning	343
meanings as in section 2923.11 of the Revised Code.	344

(2) "Unloaded" has the same meaning as in section 2923.16 of	345
the Revised Code.	346

(B) No person shall knowingly discharge a firearm while in or	347
on a vessel.	348

(C) No person shall knowingly transport or have a loaded	349
firearm in a vessel in such a manner that the firearm is	350
accessible to the operator or any passenger.	351

(D) No person shall knowingly transport or have a firearm in	352
a vessel unless it is unloaded and is carried in one of the	353
following ways:	354

(1) In a closed package, box, or case;

355

(2) In plain sight with the action opened or the weapon	356
stripped, or, if the firearm is of a type on which the action will	357
not stay open or that cannot easily be stripped, in plain sight.	358

(E)(1) The affirmative defenses containedauthorized in	359
divisions (C)(D)(1) and (2) of section 2923.12 of the Revised Code	360
are affirmative defenses to a charge under division (C) or (D) of	361
this section that involves a firearm other than a handgun. It is	362
an affirmative defense to a charge under division (C) or (D) of	363
this section of transporting or having a firearm of any type,	364
including a handgun, in a vessel that the actor transported or had	365
the firearm in the vessel for any lawful purpose and while the	366
vessel was on the actor's own property, provided that this	367
affirmative defense is not available unless the actor, prior to	368
arriving at the vessel on the actor's own property, did not	369
transport or possess the firearm in the vessel or in a motor	370
vehicle in a manner prohibited by this section or division (B) or	371
(C) of section 2923.16 of the Revised Code while the vessel was	372
being operated on a waterway that was not on the actor's own	373
property or while the motor vehicle was being operated on a	374
street, highway, or other public or private property used by the	375
public for vehicular traffic.	376

(2) No person who is charged with a violation of division (C)	377
or (D) of this section shall be required to obtain a license or	378
temporary emergency license to carry a concealed handgun under	379
section 2923.125 or 2923.1213 of the Revised Code as a condition	380
for the dismissal of the charge.	381

(F) Divisions (B), (C), and (D) of this section do not apply	382
to the possession or discharge of a United States coast guard	383
approved signaling device required to be carried aboard a vessel	384
under section 1547.251 of the Revised Code when the signaling	385
device is possessed or used for the purpose of giving a visual	386
distress signal. No person shall knowingly transport or possess	387
any such signaling device of that nature in or on a vessel in a	388
loaded condition at any time other than immediately prior to the	389
discharge of the signaling device for the purpose of giving a	390
visual distress signal.	391

(G) No person shall operate or permit to be operated any	392
vessel on the waters in this state in violation of this section.	393

(H) This section does not apply to officers, agents, or	394
employees of this or any other state or of the United States, or	395
to law enforcement officers, when authorized to carry or have	396
loaded or accessible firearms in a vessel and acting within the	397
scope of their duties, norand this section does not apply to	398
persons legally engaged in hunting. Divisions (C) and (D) of this	399
section do not apply to a person who transports or possesses a	400
handgun in a vessel and who, at the time of that transportation or	401
possession, is carrying a valid license or temporary emergency	402
license to carry a concealed handgun issued to the person under	403
section 2923.125 or 2923.1213 of the Revised Code or a license to	404
carry a concealed handgun that was issued by another state with	405
which the attorney general has entered into a reciprocity	406
agreement under section 109.69 of the Revised Code, unless the	407
person knowingly is in a place on the vessel described in division	408
(B) of section 2923.126 of the Revised Code.	409

(I) If a law enforcement officer stops a vessel for a	410
violation of this section or any other law enforcement purpose, if	411
any person on the vessel surrenders a firearm to the officer,	412
either voluntarily or pursuant to a request or demand of the	413
officer, and if the officer does not charge the person with a	414
violation of this section or arrest the person for any offense,	415
the person is not otherwise prohibited by law from possessing the	416
firearm, and the firearm is not contraband, the officer shall	417
return the firearm to the person at the termination of the stop.	418

Sec. 2911.21.  (A) No person, without privilege to do so,	419
shall do any of the following:	420

(1) Knowingly enter or remain on the land or premises of	421
another;	422

(2) Knowingly enter or remain on the land or premises of	423
another, the use of which is lawfully restricted to certain	424
persons, purposes, modes, or hours, when the offender knows hethe	425
offender is in violation of any such restriction or is reckless in	426
that regard;	427

(3) Recklessly enter or remain on the land or premises of	428
another, as to which notice against unauthorized access or	429
presence is given by actual communication to the offender, or in a	430
manner prescribed by law, or by posting in a manner reasonably	431
calculated to come to the attention of potential intruders, or by	432
fencing or other enclosure manifestly designed to restrict access;	433

(4) Being on the land or premises of another, negligently	434
fail or refuse to leave upon being notified by signage posted in a	435
conspicuous place or otherwise being notified to do so by the	436
owner or occupant, or the agent or servant of either.	437

(B) It is no defense to a charge under this section that the	438
land or premises involved was owned, controlled, or in custody of	439
a public agency.	440

(C) It is no defense to a charge under this section that the	441
offender was authorized to enter or remain on the land or premises	442
involved, when such authorization was secured by deception.	443

(D) Whoever violates this section is guilty of criminal	444
trespass, a misdemeanor of the fourth degree.	445

(E) As used in this section, "land or premises" includes any	446
land, building, structure, or place belonging to, controlled by,	447
or in custody of another, and any separate enclosure or room, or	448
portion thereof.	449

Sec. 2913.02.  (A) No person, with purpose to deprive the	450
owner of property or services, shall knowingly obtain or exert	451
control over either the property or services in any of the	452
following ways:	453

(1) Without the consent of the owner or person authorized to	454
give consent;	455

(2) Beyond the scope of the express or implied consent of the	456
owner or person authorized to give consent;	457

(3) By deception;

458

(4) By threat;

459

(5) By intimidation.

460

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

461

(2) Except as otherwise provided in this division or division	462
(B)(3), (4), (5), or (6) of this section, a violation of this	463
section is petty theft, a misdemeanor of the first degree. If the	464
value of the property or services stolen is five hundred dollars	465
or more and is less than five thousand dollars or if the property	466
stolen is any of the property listed in section 2913.71 of the	467
Revised Code, a violation of this section is theft, a felony of	468
the fifth degree. If the value of the property or services stolen	469
is five thousand dollars or more and is less than one hundred	470
thousand dollars, a violation of this section is grand theft, a	471
felony of the fourth degree. If the value of the property or	472
services stolen is one hundred thousand dollars or more, a	473
violation of this section is aggravated theft, a felony of the	474
third degree.	475

(3) Except as otherwise provided in division (B)(4), (5), or	476
(6) of this section, if the victim of the offense is an elderly	477
person or disabled adult, a violation of this section is theft	478
from an elderly person or disabled adult, and division (B)(3) of	479
this section applies. Except as otherwise provided in this	480
division, theft from an elderly person or disabled adult is a	481
felony of the fifth degree. If the value of the property or	482
services stolen is five hundred dollars or more and is less than	483
five thousand dollars, theft from an elderly person or disabled	484
adult is a felony of the fourth degree. If the value of the	485
property or services stolen is five thousand dollars or more and	486
is less than twenty-five thousand dollars, theft from an elderly	487
person or disabled adult is a felony of the third degree. If the	488
value of the property or services stolen is twenty-five thousand	489
dollars or more, theft from an elderly person or disabled adult is	490
a felony of the second degree.	491

(4) If the property stolen is a firearm or dangerous	492
ordnance, a violation of this section is grand theft, a felony of	493
the fourththird degree, and there is a presumption in favor of	494
the court imposing a prison term for the offense. The offender	495
shall serve the prison term consecutively to any other prison term	496
or mandatory prison term previously or subsequently imposed upon	497
the offender.	498

(5) If the property stolen is a motor vehicle, a violation of	499
this section is grand theft of a motor vehicle, a felony of the	500
fourth degree.	501

(6) If the property stolen is any dangerous drug, a violation	502
of this section is theft of drugs, a felony of the fourth degree,	503
or, if the offender previously has been convicted of a felony drug	504
abuse offense, a felony of the third degree.	505

Sec. 2913.04.  (A) No person shall knowingly use or operate	506
the property of another without the consent of the owner or person	507
authorized to give consent.	508

(B) No person shall knowingly gain access to, attempt to gain	509
access to, or cause access to be gained to any computer, computer	510
system, computer network, cable service, cable system,	511
telecommunications device, telecommunications service, or	512
information service without the consent of, or beyond the scope of	513
the express or implied consent of, the owner of the computer,	514
computer system, computer network, cable service, cable system,	515
telecommunications device, telecommunications service, or	516
information service or other person authorized to give consent by	517
the owner.	518

(C) No person shall knowingly gain access to, attempt to gain	519
access to, cause access to be granted to, or disseminate	520
information gained from access to the law enforcement automated	521
database system created pursuant to section 5503.10 of the Revised	522
Code without the consent of, or beyond the scope of the express or	523
implied consent of, the chair of the law enforcement automated	524
data system steering committee.	525

(D) The affirmative defenses contained in division (C) of	526
section 2913.03 of the Revised Code are affirmative defenses to a	527
charge under this section.	528

(D)(E)(1) Whoever violates division (A) of this section is	529
guilty of unauthorized use of property.	530

(2) Except as otherwise provided in division (D)(E)(3) or (4)	531
of this section, unauthorized use of property is a misdemeanor of	532
the fourth degree.	533

(3) Except as otherwise provided in division (D)(E)(4) of	534
this section, if unauthorized use of property is committed for the	535
purpose of devising or executing a scheme to defraud or to obtain	536
property or services, unauthorized use of property is whichever of	537
the following is applicable:	538

(a) Except as otherwise provided in division (D)(E)(3)(b),	539
(c), or (d) of this section, a misdemeanor of the first degree.	540

(b) If the value of the property or services or the loss to	541
the victim is five hundred dollars or more and is less than five	542
thousand dollars, a felony of the fifth degree.	543

(c) If the value of the property or services or the loss to	544
the victim is five thousand dollars or more and is less than one	545
hundred thousand dollars, a felony of the fourth degree.	546

(d) If the value of the property or services or the loss to	547
the victim is one hundred thousand dollars or more, a felony of	548
the third degree.	549

(4) If the victim of the offense is an elderly person or	550
disabled adult, unauthorized use of property is whichever of the	551
following is applicable:	552

(a) Except as otherwise provided in division (D)(E)(4)(b),	553
(c), (d), or (e) of this section, a felony of the fifth degree;	554

(b) If the value of the property or services or loss to the	555
victim is five hundred dollars or more and is less than five	556
thousand dollars, a felony of the fourth degree;	557

(c) If the value of the property or services or loss to the	558
victim is five thousand dollars or more and is less than	559
twenty-five thousand dollars, a felony of the third degree;	560

(d) If the value of the property or services or loss to the	561
victim is twenty-five thousand dollars or more, a felony of the	562
second degree.	563

(E)(F) Whoever violates division (B) of this section is	564
guilty of unauthorized use of computer, cable, or	565
telecommunication property, a felony of the fifth degree.	566

(F)(G) Whoever violates division (C) of this section is	567
guilty of unauthorized use of the law enforcement automated	568
database system, a felony of the fifth degree.	569

(H) As used in this section:

570

(1) "Cable operator" means any person or group of persons	571
that does either of the following:	572

(a) Provides cable service over a cable system and directly	573
or through one or more affiliates owns a significant interest in	574
that cable system;	575

(b) Otherwise controls or is responsible for, through any	576
arrangement, the management and operation of a cable system.	577

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

578

(a) The one-way transmission to subscribers of video	579
programming or of information that a cable operator makes	580
available to all subscribers generally;	581

(b) Subscriber interaction, if any, that is required for the	582
selection or use of video programming or of information that a	583
cable operator makes available to all subscribers generally, both	584
as described in division (F)(H)(2)(a) of this section;	585

(c) Any cable television service.

586

(3) "Cable system" means any facility, consisting of a set of	587
closed transmission paths and associated signal generation,	588
reception, and control equipment that is designed to provide cable	589
service that includes video programming and that is provided to	590