Laws on elder abuse and financial exploitation of the elderly | Hey (2023)

Chapter 21. Crimes and punishments
Kazneni Zako Kansas
Article 54 Criminal offenses against a person
§ 21-5417. Abuse of a dependent adult; abuse of an elderly person

(a) Abuse of a dependent adult or elderly person is the knowing commission of one or more of the following acts:

(2) taking personal property or financial resources of a dependent adult or elderly person for the benefit of the defendant or any other person through control, ownership, use or management of personal property or financial resources of a dependent adult or elderly person persons persons according to:
(A) Undue influence, coercion, harassment, coercion, fraud, misrepresentation, false pretense, or neglect of a dependent adult or elderly person;
(B) violation of the Kansas Powers of Attorney Act, K.S.A. 58-650 et seq., and their amendments;
(C) a violation of the Kansas Uniform Trust Code, K.S.A. 58a-101. and d., and amendments thereto; or
(d) Violation of law to obtain guardian or custodian, or both, K.S.A. 59-3050 et seq., and their amendments;

(e) As used in this section:

(2) "Dependent adult"means a person over the age of 18 who is unable to protect his own interests. Such term includes, but is not limited to:
(A) A resident of a residential facility for adults, including, but not limited to, facilities defined by K.S.A. 39-923 and its amendments;
(B) an adult cared for in a private home;
(C) a person held, cared for, treated, boarded, confined, or otherwise placed in a medical care facility;
(D) a person with an intellectual or developmental disability receiving services through a community facility for the intellectually disabled or a residential facility licensed under K.S.A. 39-2001 et seq., and their amendments;
(E) a person with a developmental disability receiving services from a social service provider as defined in the Developmental Disabilities Reform Act; or
(F) individually held, cared for, treated, housed, confined, or otherwise housed in a state psychiatric hospital or a state institution for the intellectually disabled.

(3) "Elderly person"means a person aged 60 or over.

Title XVII. Economic security and public welfare
Chapter 209. Protection of adults
§ 209.020 Chapter definitions

As used in this chapter, unless the context otherwise requires:

(9) "Exploitation"means obtaining or using another person's resources, including but not limited to funds, property or assets, through fraud, intimidation or similar means, with the intent to deprive the person of those resources;

(4) "Adults"means a person eighteen (18) years of age or older who, due to a mental or physical dysfunction, is unable to manage their own resources, perform daily activities of living, or protect themselves from neglect, exploitation, or is in a dangerous or abusive situation without the assistance of others and may need protection .

Title XVII. Economic security and public welfare
Chapter 209. Protection of adults
Sanctions
§ 209.990 Penalties

(5) Every person knowinglyexploitsadult, resulting in a total loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class C misdemeanor.

(6) Any person who willfully or recklesslyexploitsadult, resulting in an aggregate loss to the adult of more than three hundred dollars ($300) in financial or other resources, or both, is guilty of a Class D misdemeanor.

(7) Anyone knowingly, intentionally or recklesslyexploitsadult, resulting in a total loss to the adult of three hundred dollars ($300) or less in financial or other resources, or both, is guilty of a Class A misdemeanor.

(8) If the defendant is convicted under subsection(5), (6) of (7)of this section and fails to return the victim's property as defined in KRS 218A.405 within thirty (30) days of a court order to do so, or is thirty (30) days or more late with any payment schedule ordered by the court, then is the defendant civilly liable to the victim of the crime or the victim's estate for treble damages, plus reasonable attorneys' fees and court costs. Any interested person or entity, as defined in KRS 387.510, has the authority to initiate a civil action on behalf of the victim to enforce this section. The criminal prosecutor will inform the suspect about the provisions of this paragraph when sentencing.

Title 14. Criminal law (chapter 1 - 3)
Chapter 2. Various crimes and offenses (Pt. 1 - 7)
Part 2. Offenses that offend public morals (§§ 14:281 — 14:286)

§ 14: 283.3. Abuse of persons with disabilities by electronic means

B. For purposes of this section:
(1) A person with a disability is a person who suffers from a mental or physical disability, including those related to old age, due to which the person is unable to provide adequate personal care. A person with a disability may include, but is not limited to, a person who is a resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital or other residential facility, or recipient of home and community care.

Title 14. Criminal law (chapter 1 - 3)
Chapter 1. Criminal law (items 1 - 8)
Part 5 Criminal offenses affecting public morality (Subsection A - B)
Subsection B. Criminal Offenses Affecting Public Morals (§§ 14:90 — 14:93.20)
3. Crimes affecting the health and safety of persons with disabilities (§§ 14.93.3 — 14:93.5)

§14. 93.3. Cruelty to disabled people

C. For purposes of this section, an elderly person is any individual who is sixty years of age or older.

Title 14. Criminal law
Chapter 1. Criminal law
Part V. Offenses against public morals
Subsection B. Offenses Affecting Public Morals
3. Criminal offenses affecting the health and safety of persons with disabilities
§ 93.4. Exploitation of persons with disabilities

A. Exploitation of persons with disabilities is:
(1) Intentional spending, reduction or use of property or resources of a person with a disability, an adult with a disability or an elderly person by any person, including a caregiver, including but not limited to a resident of a nursing home, institution for people with intellectual disabilities, mental health facility, hospital, or other residential facility without the express voluntary consent of the resident or the consent of the incapacitated resident's legally authorized representative, or by fraudulent conduct, practice, or representation.
(2) Using the power of attorney or guardianship of a person with a disability, an elderly person or an adult with a disability for one's own benefit or benefit by fraudulent conduct, action or representation.

Title 45. Crimes
Chapter 6. Property offenses
Part 3. Theft and related crimes
§ 45-6-333. Exploitation of the elderly, disabled or developmentally disabled

(1) The criminal offense of exploiting an elderly person, a disabled person or a person with developmental disabilities will be committed by a person if:
(a) intentionally or knowingly obtains or uses or attempts to obtain or use the funds, property or assets of an elderly, incapacitated or developmentally disabled person with the intent to temporarily or permanently deprive the elderly, incapacitated or developmentally disabled person of the use, advantage or possession of funds, property or assets or for the benefit of anyone other than an elderly, incapacitated or developmentally disabled person through fraud, coercion, threats, fraud, undue influence or harassment; AND
(b)(i) is in a position of trust in relation to an elderly, incompetent or developmentally disabled person; or
(ii) has a business relationship with an elderly person, a disabled person or a person with developmental disabilities.

(2) The criminal offense of exploiting an elderly person, a disabled person or a person with developmental disabilities will be committed by a person if:
(a) knowingly or knowingly obtains personal information from another person and uses such information for any unlawful purpose, including obtaining or attempting to obtain credit, goods, services, financial information or medical information on behalf of another person without the other person's consent; AND
(b)(i) is in a position of trust in relation to an elderly, incompetent or developmentally disabled person; or
(ii) has a business relationship with an elderly person, a disabled person or a person with developmental disabilities.

(4) As used in this section, the following definitions apply:
(a) "Developmental Disorder"has the meaning given in 53-20-102.
(b) "disabled person"has the meaning given in 72-5-101.
(c) "Elderly Person"means a person who is 65 years of age or older.

Chapter 400. Social Services
Law on Social Security
State Department of Social Services
§ 400.11. definitions; Sections 400.11a through 400.11f

sec. 11. As used in this paragraph and paragraphs 11a to 11f:

(c) "wheel"means the act of abuse of funds, property or personal dignity of an adult by another person.

(b) "Adult in need of protective services"from"adult"means a vulnerable person under the age of 18 who is or is suspected of being abused, neglected or exploited.

(f) "Vulnerable"means a condition in which an adult cannot protect himself from abuse, neglect or exploitation due to mental or physical disability or advanced age.

Chapter 750 Michigan Penal Code
Michigan Penal Code
Chapter Xxa. Vulnerable adults
§750.145m. Definitions

sec. 145 m. As used in this chapter:

(u) "Vulnerable adult"means 1 or more of the following:
(i) A person 18 years of age or older who, because of age, developmental disability, mental illness, or physical disability, requires supervision or personal care or lacks the personal and social skills necessary for independent living.
(ii) An adult as defined in section 3(1)(b) of the Adult Foster Care Licensing Act, MCL 400.703.
(iii) An adult as defined in Section 11(b) of the Social Security Act, MCL 400.11.

Chapter 750 Michigan Penal Code
Michigan Penal Code
Chapter XXXI. Overshadow
§ 750.174a. Vulnerable adult; prohibited conduct; foul; punishment; improved punishment; exceptions; consecutive sentence; definitions; notice by agency on services for the aging population to the department of human resources

sek. 174a. (1)A person must not obtain or use or attempt to obtain or use the money or property of a vulnerable adult by fraud, deceit, misrepresentation, coercion or unjust enrichment to directly or indirectly take advantage of that person who knows or has reason to know that the vulnerable adult is a vulnerable adult. adult.

Chapter 750 Michigan Penal Code
Michigan Penal Code
Chapter XXXI. Overshadow
§ 750.174a. Vulnerable adult; prohibited conduct; foul; punishment; improved punishment; exceptions; consecutive sentence; definitions; notice by agency on services for the aging population to the department of human resources

(15) As used in this section:
(c) "Vulnerable Adult"means that term as defined in Article 145.m.2, regardless of whether the court declared the person incapable of doing business.

Maryland Criminal Law
Title 3. Other criminal offenses against a person
Subtitle 6. Abuse and Other Offensive Conduct
§ 3-604. Abuse or neglect of a vulnerable adult

Definitions
(a)(1) In this section and §§ 3-605 and 3-606 of this subtitle, the following words have the meanings specified.

(10) "Vulnerable adult"means an adult who does not have the physical or mental capacity to meet the daily needs of an adult.

Maryland Criminal Law
Title 8. Fraud and related crimes
Subtitle 8. Financial Crimes Against Vulnerable Adults
§ 8-801. Financial crimes against vulnerable adults

Prohibited conduct
(b)(1) A person shall not knowingly acquire, by fraud, harassment, or undue influence, the property of a person whom the person knows or reasonably should know to be a vulnerable adult with the intent to harm the vulnerable adult's rights. adult. property.
(2) A person who knows or reasonably should know that he is at least 68 years old may not knowingly obtain property, by fraud, intimidation or influence, with the intention of depriving him of that property.

Definitions
(a)(1) In this section, the following words have the meanings specified.
(8) "Vulnerable adult"has the meaning given in § 3-604 of this article.

crimes; deletion; victims
Chapter 609. Penal Code
Crimes against the person
§ 609.232. Crimes against vulnerable adults; definitions

Subd. 11. Vulnerable adult. "Vulnerable adult" means any person aged 18 or over who:
(1) is a permanent patient of the institution;
(2) receives services in or from a facility required to be licensed to provide services to adults under sections 245A.01 through 245A.15, except a person receiving outpatient services for the treatment of chemical dependency or mental illness, or anyone listed as sexually A psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the conditions of clause (4);
(3) receives services from a home care provider required to be licensed under Sections 144A.43 to 144A.482; or any person or organization that provides, provides or arranges exclusively for personal care services under the medical assistance program as authorized under Sections 256B.0625, Subsection 19a, 256B.0651 through 256B.0654 and 256B.0659; or
(4) regardless of place of residence or any form of service, has a physical or mental deficiency or other physical, mental or emotional dysfunction:
(i) impairs the individual's ability to adequately care for himself without assistance, including the provision of food, shelter, clothing, health care or supervision; I
(ii) because of the dysfunction or weakness and the need for assistance, the individual has a reduced ability to protect the individual from abuse.

crimes; deletion; victims
Chapter 609. Penal Code
Crimes against the person
§ 609.2335. Financial exploitation of a vulnerable adult

Subdivision 1. Crime. The criminal offense of financial exploitation is committed by anyone who does any of the following:

(1) in violation of any fiduciary duty recognized elsewhere in law, including relevant regulations, contractual obligations, the documented authority of an authorized person, or the obligations of a responsible party under section 144.6501, willfully:
(i) does not use the vulnerable adult's real or personal property or other financial resources to provide the vulnerable adult with food, clothing, shelter, health care, therapeutic behavior, or supervision;
(ii) temporarily or permanently uses, manages, or takes real or personal property or other financial resources of a vulnerable adult, whether on behalf of the vulnerable adult or a third party, for the benefit of anyone other than the vulnerable adult; or
(iii) temporarily or permanently deprives a vulnerable adult of his or her real or personal property or other financial resources, whether on behalf of the vulnerable adult or a third party, for the benefit of someone who is not a vulnerable adult; or

(2) in the absence of legal authority:
(i) obtains possession or control of an interest in real or personal property or other financial resources of a vulnerable adult, either on behalf of the vulnerable adult or a third party, by using undue influence, intimidation or coercion;
(ii) coerces, coerces, compels, or induces a vulnerable adult against the vulnerable adult's will to provide services for the profit or benefit of another person; or
(iii) establishes a fiduciary duty to a vulnerable adult through the use of undue influence, intimidation, coercion, force, coercion, coercion, or other inducement.

Title 43. General good
Chapter 47 Mississippi Vulnerable Persons Act
§ 43-47-19. Abuse, neglect and exploitation prohibited

(1) It is unlawful for any person to abuse, neglect orexploitevery vulnerable person.

Title 43. General good
Chapter 47 Mississippi Vulnerable Persons Act
§ 43-47-5. Definitions

For the purposes of this chapter, the following words have the meanings set forth herein unless the context otherwise requires:

(i) "Exploitation"means the unlawful or improper use of a vulnerable person or their resources for the profit, benefit or unjust enrichment of another person, with or without the consent of the vulnerable person, and may include actions taken under a power of attorney. "Exploitation" includes but is not limited to a single incident.

(q) "Vulnerable Person"means a person, whether a minor or an adult, whose ability to carry out normal activities of daily living or to provide self-care or protection from abuse, neglect, exploitation or inappropriate sexual contact is impaired as a result of a mental, emotional, physical or developmental disorder or dysfunction, or impairment brain or aging defects. The term 'vulnerable person' also includes all residents or patients, regardless of their age, in a healthcare facility. The department is not prohibited from investigating and has the authority and responsibility, in accordance with the provisions of this chapter, to conduct a full investigation into all allegations of abuse, neglect, or exploitation involving a patient in a health care facility, if the alleged abuse, neglect, or exploitation occurred in a private home.

Chapter 14. Criminal law
Subchapter V. Property offenses
Article 19. False pretense and fraud
§ 14-112.2. Exploitation of an elderly or disabled person

(B)It is unlawful for any person: (i) who is in a position of trust of an elderly person or a person with a disability, or (ii) who has a business relationship with an elderly person or a person with a disability to knowingly, fraudulently or harass, obtain or use or attempt to obtain or using the funds, property or assets of an older adult or person with a disability with the intent to temporarily or permanently deprive the older person or adult with a disability of the use, benefit or possession of the funds, property or property, or for the benefit of anyone other than the older person or person with a disability disability.

(C)It is unlawful for any person to knowingly obtain or use, attempt to obtain or use or deal with the money, property or assets of an elderly or disabled person, by fraud or intimidation of another adult or disabled person with the intent to temporarily or permanently deprive the older adult person or adult with a disability to use, benefit from, or possess funds, property or assets, or benefit anyone other than an older adult or adult with a disability. This subsection does not apply to a person acting in his or her statutory capacity as a representative of an elderly person or person with a disability.

(a) In this section, the following definitions apply:
(1) An adult with a disability.--A person 18 years of age or older or a legally emancipated minor present in the State of North Carolina who is physically or mentally incompetent as defined in G.S. 108A-101(d).
(2) Older adult.--A person 65 years or older.

Title 12.1. Criminal law
Chapter 12.1-31. Various violations
§ 12.1-31-07. Endangering an eligible adult - penalty

1. In this Chapter, unless the context otherwise requires:

B. "Eligible Adult"means a person who is at least sixty-five years of age or a vulnerable adult as defined in section 50-25.2-01.

Title 12.1. Criminal law
Chapter 12.1-31. Various violations
§ 12.1-31-07.1. Exploitation of an Eligible Adult - Penalty

1. A person is guilty of exploitation of an eligible adult if:
A. A person is in a position of trust or business relationship with an Eligible Adult and knowingly obtains or uses, through deception, harassment, or undue influence, or seeks to obtain or use, funds, property, or assets of an Eligible Adult. ownership with intent to temporarily or permanently deprive an Eligible Adult of the use, benefit or possession of property in favor of anyone other than the Eligible Adult; or
B. Person knows that Eligible Adult is unable to consent, and obtains or uses, or attempts to obtain or uses, or assists another person to obtain or use or attempts to obtain or use funds, property or assets of Eligible Person Adult with with the intent to temporarily or permanently deprive an Eligible Adult of the use, benefit or possession of property in favor of anyone other than the Eligible Adult.

Title 15. Crimes and punishments
Chapter 200. Crimes against the person
Abuse, neglect, exploitation, isolation or abandonment of elderly and vulnerable persons
§ 200.5092. Definitions

As used in NRS 200.5091 to 200.50995, unless the context otherwise requires:

3. "Exploitation"means any action taken by a person in trust for an elderly or vulnerable person or any use of power of attorney or guardianship of an elderly or vulnerable person to:
(a) Gaining control, by fraud, intimidation or undue influence, of the money, property or assets of an elderly or vulnerable person with the intent to permanently deprive the elderly or vulnerable person of the property, use, benefit or possession of his or her money, property or assets; or

6. "Elderly person"means a person who is 60 years of age or older.

8. "Vulnerable person"means a person aged 18 or over who:
(a) suffers from a state of physical or mental incapacity resulting from a developmental disability, organic brain damage or mental illness; or
(b) Has one or more physical or mental limitations that limit the person's ability to perform normal activities of daily living.

(b) Convert money, property or assets of an elderly or vulnerable person with intent to permanently deprive the elderly or vulnerable person of ownership, use, benefit or possession of his or her money, property or assets.

New York Penal Code
Chapter 40 of the Consolidated Laws
the third part. Specific violations
Title K. Offenses Involving Fraud
Article 190. Other frauds
§ 190.65 Scheme to defraud in the first degree

1. A person is guilty of fraud in the first degree when he or she: (a) participates in a scheme that constitutes systematic continuous action with the intent to defraud ten or more persons or to obtain property of ten or more persons by means of false or fraudulent pretenses, representations or promises, whereby property is acquired from one or more such persons; or (b) engages in a scheme which constitutes a systematic continuing operation with intent to defraud more than one person or to acquire property of more than one person by means of false or fraudulent pretenses, representations or promises, thereby acquiring property of excessive value to one or more such persons one or more such persons; or (c) participates in an arrangement that constitutes a systematic, ongoing process with the intent to defraud more than one person, more than one of whom isis an infirm elderly person from Article 260.31. part of the thirdof this chapter or for obtaining property from more than one person, of which more than one ainfirm elderly person from Article 260.31. part of the thirdof this chapter, by false or fraudulent pretenses, representations or promises, and thereby acquires the property of one or more such persons; or (d) conducts a systematic continuing operation, with the intent to defraud more than one person by false or fraudulent pretenses, representations, or promises, by the disposal of solid waste as defined in Section 27-0701 of the Environmental Protection Act on such property of any person, thereby damaged the property of one or more such persons for an amount exceeding one thousand dollars.

New York Penal Code
Chapter 40 of the Consolidated Laws
the third part. Specific violations
Title0. Criminal offenses against marriage, family and welfare of children and infirm persons
Article 260. Criminal offenses against children, the disabled and infirm elderly
§ 260.31 Vulnerable elderly; definitions

For purposes of sections 260.32 and 260.34 of this article, the following definitions shall apply:3. "Vulnerable elderly"means a person aged sixty years or older who suffers from an illness or infirmity associated with advanced age, manifested by visible physical, mental or emotional dysfunction to the extent that the person cannot adequately care for his or her health or personal care.
4. "Incapacitated or physically disabled person"means a person who cannot take care of himself due to physical disability, mental illness or abnormality.

Title 16. Crimes and offences
Chapter 5. Crimes against the person
Article 8 Protection of the elderly
§ 5/16/100. Definitions

As used in this article, the term:

(6) "Exploitation"means unlawfully or improperly using an adult or elderly person with a disability or the person's resources through undue influence, coercion, intimidation, coercion, fraud, misrepresentation, false pretense, abuse of access, or other similar means for one's own or another's benefit or benefit.

(3) "adult with disabilities"means a person aged 18 or over who is mentally or physically impaired or has Alzheimer's disease or dementia.

(4) "Elderly person"means a person older than 65 years.

Title 16. Crimes and offences
Chapter 5. Crimes against the person
Article 8 Protection of the elderly
§ 5/16/102. Punishing any person who exploits, threatens, intimidates or attempts to intimidate an adult or elderly person with a disability

(a) Any person who knowingly exploits an adult, elderly person or resident with a disability, intentionally inflicts physical pain, bodily injury, sexual abuse, psychological distress or unreasonable confinement of an adult, elderly person or resident with a disability, or intentionally denies basic services to a disabled adult, the elderly person or resident is guilty of a felony and, upon conviction, is liable to imprisonment for not less than one year nor more than 20 years, a fine not to exceed $50,000.00, or both .

Title XXIX. Crimes - procedure
Chapter 2913. Theft and fraud
OH ST § 2913.01 Definitions

As used in this chapter, unless the context otherwise requires the expression to have a different meaning:

(CC) “The Elderly”means a person who is sixty-five years of age or older.
(DD) "Adult with disabilities"means a person who is eighteen years of age or older and has a physical or mental disability that prevents the person from performing substantially worthwhile work that he or she could otherwise do for at least twelve months without any indication of recovery from the disorder, or who is eighteen years of age or older and has been declared permanent and totally disabled by an agency of this State or of the United States having the function of such classification of persons.

Title XXIX. Crimes - procedure
Chapter 2913. Theft and fraud
OH ST § 2913.02 Theft and fraud

(A) No person shall, for the purpose of depriving the owner of the property or services, knowingly acquire control over the property or services by any of the following means:
(1) Without the consent of the owner or the person authorized to give consent;
(2) Outside of the express or tacit consent of the owner or the person authorized to give consent;
(3) by fraud;
(4) By threat;
(5) By harassment.
(B)(1) Anyone who violates this section is guilty of theft.
(2) Except as otherwise provided in this Section or Subsection (B)(3), (4), (5), (6), (7), (8), or (9) of this Section, a violation of this Section is petty theft, first degree felony. If the value of the stolen property or services is one thousand dollars or more but less than seven thousand five hundred dollars, or if the stolen property is one of the properties listed in section 2913.71 of the Revised Code, a violation of this section is robbery, a misdemeanor of the fifth degree. If the value of the stolen goods or services is seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more and less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is seven hundred fifty thousand dollars or more and less than one million five hundred thousand dollars, a violation of this section is grand theft, a felony of the second degree. If the value of the goods or services stolen is one million five hundred thousand dollars or more, a violation of this section is a felony of one million five hundred thousand dollars or more, a felony of the first degree.
(3) Unless otherwise prescribed in section (B)(4), (5), (6), (7), (8) or (9) of this article, if the victim of a criminal offense is an elderly person, a person with a disability adult, active member, or spouse of an active member, a violation of this section is theft from a person in a protected class, and subsection (B)(3) of this section applies.Except as otherwise provided in this section, theft from a person in a protected class is a misdemeanor of the fifth degree. If the value of the goods or services stolen is one thousand dollars or more and less than seven thousand five hundred dollars, theft from a person in a protected class is a felony of the fourth degree. If the value of the stolen goods or services is seven thousand five hundred dollars or more and less than thirty seven thousand five hundred dollars, theft from a person in a protected class is a felony of the third degree. If the value of the goods or services stolen is thirty-seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree. If the value of the stolen goods or services is one hundred and fifty thousand dollars or more, theft from a person in a protected class is a felony of the first degree. If the victim of the crime is an elderly person, in addition to all other penalties imposed for the crime, the offender must repay the victim the full amount and pay a fine of up to fifty thousand dollars. The clerk shall forward all fines collected under Subsection (B)(3) of this Section to the Job and Family Services District for use in reporting and investigating elder abuse, neglect, and exploitation or to provide or regulate protective services under sections 5101.61 through 5101.71 of the Revised Code .
(4) If the stolen item is a firearm or dangerous artillery weapon, the criminal offense referred to in this article is aggravated theft. Except as otherwise provided in this section, aggravated larceny when the stolen property is a firearm or dangerous ammunition is a felony of the third degree and there is a presumption in favor of a court imposing a felony prison sentence. If the firearm or dangerous ammunition is stolen from a federally licensed firearms dealer, grand theft when the stolen property is a firearm or dangerous ammunition is a felony of the first degree. The offender must serve the prison sentence imposed for aggravated larceny when the stolen property is a firearm or dangerous ammunition, after any other prison sentence or mandatory prison sentence imposed on the offender earlier or later.
(5) If the stolen thing is a motor vehicle, the criminal offense referred to in this article is aggravated theft of a motor vehicle, a criminal offense of the fourth degree.
(6) If the stolen property is a dangerous drug, the crime under this section is theft of drugs, a felony of the fourth degree, or, if the offender has a previous conviction for the crime of drug abuse, a misdemeanor of the third degree. rank.
(7) If the stolen thing is a police dog or a horse or a service dog, and the perpetrator knows or should know that the stolen thing is a police dog or a horse or a service dog, the criminal offense referred to in this article is the theft of a police dog or horse. or service dog, a third-degree misdemeanor.
(8) If the stolen thing is anhydrous ammonia, the criminal offense referred to in this article is theft of anhydrous ammonia, a criminal offense of the third degree.
(9) Except as provided in subsection (B)(2) of this section with respect to property valued at seven thousand five hundred dollars or more and subsection (B)(3) of this section with respect to property valued at one thousand dollars or more, if the stolen property is a special purpose item as defined in section 4737.04 of the Revised Code or a bulk container as defined in section 4737.012 of the Revised Code, a violation of this section is theft of a special purpose item or items or theft of a container or bulk container , a fifth-degree misdemeanor.
(10) In addition to the penalties from section (B)(2) of this article, if the offender has committed a misdemeanor by allowing a motor vehicle to leave the premises of a facility where gasoline is sold at retail without the offender, by paying the full charge, for the gasoline that was poured into the tank of the motor vehicle vehicle or into another canister, the court may do one of the following:
(a) Except where subdivision (B)(10)(b) of this section applies, the offender's driver's license, probationary driver's license, commercial driver's license, provisional instructor's license, or nonresident operator's privilege for not more than six months;
(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary learner's license, or nonresident work privilege has been previously suspended under subsection (B)(10)(a) of this section, determine class seven suspensions of the offender's license, licenses or privileges within the range set forth in subdivision (A)(7) of section 4510.02 of the Revised Code, provided that the suspension lasts for at least six months.
(c) The court, in lieu of suspending an offender's driver's license or commercial driver's license, probationary driver's license, temporary learner's permit, or nonresident privileges under subsection (B)(10)(a) or (b) of this section, may instead require the offender to perform work for the common good for a certain number of hours determined by the court.
(11) In addition to the penalties described in subdivision (B)(2) of this section, if the offender commits the crime of theft of rental property or rental services, the court may order the offender to make restitution pursuant to Section 2929.18 or 2929.28 of the Revised Code. Refunds may include, but are not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of income resulting from the forfeiture of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented . Evidence of intent to commit theft of rental property or rental services shall be established in accordance with the provisions of Section 2913.72 of the Revised Code.
(C) A sentencing court suspending an offender's driver's license, permit, or privilege under Subsection (B)(10) of this Section may grant the offender limited driving privileges during the period of suspension in accordance with Chapter 4510 of the Revised Code.