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

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§ 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.

Not analogous to old RC§ 2913.02 (RS § 7092; 71 v 3; GC § 13084; Bureau of Code Revision, 10-1-53), derogado 134 v H 511, § 2, ef 1-1-74.

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).

HALF BOARD. 7, Acts 2003, effective September 16, 2003, in (B)(2), inserted "and is less than five hundred thousand dollars", and added the last two sentences; and, in (B)(3), he inserted "and is less than one hundred thousand dollars", and added the last sentence.

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.

Petty theft, which is the theft of goods or services worth less than $150, is a misdemeanor of the first degree. Theft is a fourth degree felony and any of the following constitutes theft: theft of goods or services worth $150 or more; theft of any property listed in the newsection 2913.71of the Revised Code; and theft, regardless of the nature of the goods or services or their value, when the offender has been previously convicted of theft.

Disclaimer:These codes may not be the latest version.Ohiomay have more current or accurate information. We make no warranty as to the accuracy, completeness or adequacy of the information contained on this website or the information linked to on the state website. Please check official sources.

FAQs

What is a 2913.02 charge in Ohio? ›

If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree.

What is 2913 Ohio Revised Code? ›

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

What is Ohio Revised Code 2913.40 D? ›

Code § 2913.40. A person who violates the OMFS is guilty of Medicaid fraud which is at minimum a misdemeanor of the first degree, punishable by fines plus costs of the investigation and prosecution of the violation.

What is Ohio Revised Code 2923.24 A? ›

(A) No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.

What does 2913.02 mean? ›

Section 2913.02 of the Ohio Revised Code (O.R.C.) makes it a crime to take property or to obtain services. Without the consent of the owner or service provider, By deception, By threat, or. By intimidation.

How much money do you have to steal before u can go to jail in Ohio? ›

More than $1,000 and less than $7,000 is theft and a fifth-degree felony, punishable by up to 12 months in prison. More than $7,000 and less than $150,000 is grand theft and a fourth-degree felony, punishable by up to 18 months in prison.

Can you refuse to show ID to police in Ohio? ›

If You're Stopped For Questioning

You are required to provide your name, address, and date of birth if a law enforcement officer asks. You may refuse to answer any additional questions. Police may pat down your clothing if they suspect you are carrying a weapon.

How do I beat a solicitation charge in Ohio? ›

For solicitation, as with other crimes, you are innocent until proven guilty. One defense strategy is to cast doubt on the prosecution's allegations that you solicited sex for hire. If the prosecution cannot provide enough evidence of a clear agreement to exchange sex for payment, then you will not be found guilty.

What is the difference between Ohio Revised Code and Ohio Administrative Code? ›

Ohio law consists of the Ohio Constitution, the Ohio Revised Code and the Ohio Administrative Code. The Constitution is the state's highest law superseding all others. The Revised Code is the codified law of the state while the Administrative Code is a compilation of administrative rules adopted by state agencies.

What is 2935.03 Ohio Revised Code? ›

In this regard, Section 2935.03, Revised Code, reads in part : "A sheriff, deputy sheriff, marshal, deputy marshal, watch man, or police officer shall arrest and detain a person found violating a law of this state, or an ordinance of a municipal corporation, until a warrant can be obtained.

What is code for illegal detainment in Ohio? ›

Section 2905.03 | Unlawful restraint.

(A) No person, without privilege to do so, shall knowingly restrain another of the other person's liberty.

What does Ohio Revised Code mean? ›

Ohio Revised Code

The general laws of the state of Ohio. The Revised Code is organized into 31 general titles broken into chapters dealing with individual topics of law. The chapters are divided into sections which contain the text of individual statutes. The laws are collected and published in the Ohio Revised Code.

What is the sentence for identity theft Ohio? ›

Identity Fraud in Ohio is a Felony

In Ohio, identity fraud is a fifth-degree felony and if convicted you are facing a sentence of probation or a prison term of 6 to 12 months, as well as a fine up to $2,500.

What is felony theft amount in Ohio? ›

A theft in Ohio is considered a felony if the value of the property stolen is worth more than $1,000. Felony theft can be in the first, second, third, fourth, or fifth degree, depending on the property in question.

What is maximum sentence for grand theft auto in Ohio? ›

Grand Theft.

It is a fourth-degree felony to steal a firearm, motor vehicle, dangerous drug, or any property with more than $7500 but less than $150,000. Penalties for grand theft include between six months and 18 months in prison and a fine up to $5000 plus restitution.

What charges prevent you from buying a gun in Ohio? ›

Any DRUG offense (except for Minor Misdemeanor Drug Possession or Minor Misdemeanor Drug Paraphernalia offenses after 1 year from conviction date). Assault on a Peace Officer. A conviction/juvenile adjudication for Domestic Violence, or a guilty or no contest plea to a lesser charge in which physical force was present.

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