Revised Code of Ohio 2006 - 2913.02. Robo. (2023)

§ 2913.02. Robot.

(A) No person, with a view to depriving the owner of goods or services, shall knowingly obtain or exercise control over the goods or services in any of the following ways:

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

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

(3) By mistake;

(4) By threat;

(5) By intimidation.

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

(2) Unless otherwise provided in this division or division (B)(3), (4), (5), (6), (7) or (8) of this section, a breach of this section is minor. theft, misdemeanor of the first degree. If the value of stolen property or services is five hundred dollars or more and less than five thousand dollars or if the stolen property is any of those listed insection 2913.71of the Revised Code, a violation of this section is theft, a fifth degree felony. If the value of stolen property or services is five thousand dollars or more and less than one hundred thousand dollars, a violation of this section is larceny, a felony of the fourth degree. If the value of stolen property or services is $100,000 or more and is less than $500,000, a violation of this section is aggravated theft, a felony of the third degree. If the value of property or services is five hundred thousand dollars or more and is less than one million dollars, a violation of this section is aggravated larceny, a felony of the second degree. If the value of stolen property or services is one million dollars or more, a violation of this section is an aggravated theft of one million dollars or more, a felony of the first degree.

(3) Except as otherwise provided in division (B)(4), (5) or (6), (7) or (8) of this section, if the victim of the crime is an elderly or disabled adult, a violation of this section is theft from an elderly or disabled adult, and division (B)(3) of this section applies. Unless otherwise provided in this division, theft from a senior citizen or disabled adult is a fifth degree felony. If the value of property or services taken is five hundred dollars or more and less than five thousand dollars, theft from an elderly or handicapped person is a fourth degree felony. If the value of property or services taken is $5,000 or more and is less than $25,000, then theft from an elderly or disabled person is a third degree felony. If the value of property or services taken is $25,000 or more and is less than $100,000, then theft from an elderly or disabled person is a second degree felony. If the value of stolen property or services is $100,000 or more, theft from an elderly or disabled adult is a felony of the first degree.

(4) If the stolen property is a firearm or dangerous explosive device, a violation of this section is larceny, a felony of the third degree, and there is a presumption in favor of the court imposing imprisonment for the crime. The agent will serve the prison sentence consecutively to any other prison sentence or compulsory imprisonment imposed before or after the agent.

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

(6) If the stolen property is any dangerous drug, a violation of this section is drug theft, a felony of the fourth degree or, if the offender has already been convicted of a felony of drug abuse, a felony of the third degree. degree.

(7) If the stolen property is a police dog or a horse or assistance dog and the offender knows or should have known that the stolen property is a police dog or a horse or assistance dog, a violation of this section is the theft of a dog police. or assistance horse or dog, third degree felony.

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

(9) In addition to the penalties described in section (B)(2) of this section, if the offender committed the offense by causing a motor vehicle to leave the premises of an establishment where gasoline is offered for sale to the dealer, without the offender to make full payment for gasoline that has been dispensed into the motor vehicle's fuel tank or other container, the court may proceed in one of the following ways:

(a) Except division (B)(9)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit or privilege to operate as a non-resident;

(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instructional permit, or non-resident operating privilege was previously suspended pursuant to division (B)(9)(a) of this section, impose a class seven suspension of the license, permit, or privilege of the grade specified in the violator's division (A)(7)section 4510.02of the Revised Code, providing for the suspension to be for at least six months.

(C) The sentencing court suspending an offender's non-resident license, permit, or privilege to operate pursuant to division (B)(9) of this section may grant the offender limited driving privileges during the period of suspension of a deal withChapter 4510.of the Revised Code.

HISTORY: 134 v H 511 (Eph 1-1-74); 138 v S 191 (Effective 20-6-80); 139 v S 199 (Storage 1-1-83); 140 v H 632 (Effective 28-3-85); 141 v H 49 (Effective 26-6-86); 143 v H 347 (Effective 18-7-90); 143 v S 258 (Effective 20-11-90); 146 v H 4 (effective 9-11-95); 146 v S 2 (Effective 7-1-96); 147 v S 66 (Effective 22-7-98); 148 v H 2. Effective 11-10-99; 150 v H 7, § 1, eph. 16-9-03; 150 v H 179, § 1, eph. 3-9-04; 150 v H 12, § 1, eph. 4-8-04; 150 v H 369, § 1, eph. 26-11-04; 150 v H 536, § 1, eph. 15-04-05; 151 v H 530, § 101.01, in force. 30-6-06.

The effective date is established by § 812.03 of 151 v H 530.

The provisions of § 3 of the H.B. 369 (150 v - ) can be read like this:

SECTION 3. Section 2913.02of the Revised Code is presented in this Act as a composite of the section amended by Am. Sub. HALF BOARD. 7am. Sub. HALF BOARD. 12, and sub. HALF BOARD. 179, all from the 125th General Assembly. The General Assembly, applying the principle established in division (B) of thesection 1.52of the Revised Code which amendments should be harmonized if reasonably capable of operating concurrently, provides that the composite is the resulting version of the section in effect prior to the effective date of the section as set out in this act.

The provisions of § 10, H.B. 12 (150 v - ), read:

Section 10. If any provision of sections 1547.69, 2911.21, 2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14, 2953.32 and 4749.10 of the revised code, as threatened by this Section 9, any law of Section 9 10., 311.42, 2923,124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211, 2923.1212, and 2923.1211, 2923.1212, and 2923.1213, the invalidity of the non -provisions or applications of the particular made effective without the invalid provision or application, and to that end, the provisions of the specific section are severable.

The provisions of § 3, H.B. 179 (150 v - ), read:

Art. 3rd The General Assembly declares that the articles of the Revised Code that regulate the person who is absent from the premises of establishments where gasoline is offered for retail sale without the person making the full payment of the gasoline dispatched in that establishment, includingsection 2913.02of the Consolidated Code, are general laws that fully fulfill the field of regulation of this nature. Any city ordinance prohibiting gasoline outlets from demanding advance payment for gasoline is in conflict with these general laws.

Effect of changes

151 v H 530, effective 30 June 2006, in (B)(7), substituted "serve" for "an assist" three times.

150 v H 536, effective April 15, 2005, inserted (B)(8) and made related changes.

150 v H 369, effective November 26, 2004, inserted (B)(7) and redesignated former (B)(7) as (B)(8); and corrected internal references.

HALF BOARD. 12, Acts 2004, effective April 8, 2004, in (B)(4), replaced "third" with "fourth" and added "and there is a presumption in favor of the court imposing a sentence of imprisonment for the offence" and the last sentence to the end.

HALF BOARD. 179, Acts of 2003, effective March 9, 2004, added (B)(7) and (C).

Committee report or comment 19xx.

1974 Committee Commentary to H 511

This section covers a myriad of past offenses whose essence was theft, embezzlement, conversion, fraud, or false pretense. Also, the section includes something like a "minor league" theft, insofar as a threat can be an element of the crime.

Theft of services and immovable property, as well as theft of personal property, are covered by the section. In common law, only personal property is subject to theft, although an older Ohio statute(Section 1.03of the Revised Code) expands this to include cash, property, personal property, business paper, receipts, stock options, cut crops and accessories of real property, and other things of value.

The section expands on the common law requirement that the taking of property must occur concurrently with the aim of depriving the owner of property. Formerly, an illicit conversion or embezzlement could not constitute theft, as the intention to deprive was formed after the goods came into the possession of the offender.Berry vs. state, 31 Ohio St. 219, 27h. Rep. 506 (1877);Porter v. state, 8 OApp 231 (Scioto Co. App., 1917). Under the new section, the basic elements of the crime must still be combined, but conversion or embezzlement now constitutes theft, as the section defines theft as exercising control (rather than initially gaining control over goods or services) beyond the scope of the owner's consent. , and to deprive the owner of it.

The section also includes theft by mistake, formerly the subject of section 2907.21, theft by mistake, as well as a long list of prior statutes of which some variety of fraud or false pretense was an element.

In addition, the section defines theft by threat, which can be a misdemeanor included in theft. The threat involved in theft is not limited to the threat of personal injury, which is one of the hallmarks of theft.

This section raises the point where petty theft becomes theft from $60 to $150, because in the twenty years or so since $60 was adopted as the cutoff, inflation has made the previous figure unrealistic. $150 is chosen because, statistically, it is less likely that if the offender is subject to a relatively short prison term or a long prison term, this will become the difference of a penny in the value of the stolen property. Furthermore, a considerable number of thefts that previously had to be tried in a common claims court cannot be resolved in lower courts.

The new section also makes the theft of certain items theft, regardless of value, because they are particularly subject to organized criminal activity and because of the high risk that the ultimate harm from their illegal acquisition could far exceed the intrinsic harm in the theft. yourself. These items are listed in the new section 2913.71 and, in part, in the newsection 2923.11of the Revised Code.

Finally, according to the section, theft is considered theft (regardless of what is stolen or its value) when the offender has already been convicted of a crime of theft.