Ohio § 2913.04

§ 2913.04.

(A) No person shall knowingly use or operate the property of another without the consent

of the owner or person authorized to give consent. (B) No person, in any manner and by any means, including, but not limited to, computer

hacking, shall knowingly gain access to, attempt to gain access to, or cause access

to be gained to any computer, computer system, computer network, cable service, cable

system, telecommunications device, telecommunications service, or information service

without the consent of, or beyond the scope of the express or implied consent of,

the owner of the computer, computer system, computer network, cable service, cable

system, telecommunications device, telecommunications service, or information service

or other person authorized to give consent. (C) Except as permitted under section 5503.101 of the Revised Code , no person shall knowingly gain access to, attempt to gain access to, cause access

to be granted to, or disseminate information gained from access to the law enforcement

automated database system created pursuant to section 5503.10 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of,

the chair of the law enforcement automated data system steering committee. (D) No person shall knowingly gain access to, attempt to gain access to, cause access

to be granted to, or disseminate information gained from access to the Ohio law enforcement

gateway established and operated pursuant to division (C)(1) of section 109.57 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of,

the superintendent of the bureau of criminal identification and investigation. (E) The affirmative defenses contained in division (C) of section 2913.03 of the Revised Code are affirmative defenses to a charge under this section. (F)(1) Whoever violates division (A) of this section is guilty of unauthorized use of property. (2) Except as otherwise provided in division (F)(3) or (4) of this section, unauthorized

use of property is a misdemeanor of the fourth degree. (3) Except as otherwise provided in division (F)(4) of this section, if unauthorized

use of property is committed for the purpose of devising or executing a scheme to

defraud or to obtain property or services, unauthorized use of property is whichever

of the following is applicable: (a) Except as otherwise provided in division (F)(3)(b), (c), or (d) of this section,

a misdemeanor of the first degree. (b) If the value of the property or services or the loss to the victim is one thousand

dollars or more and is less than seven thousand five hundred dollars, a felony of

the fifth degree. (c) If the value of the property or services or the loss to the victim is seven thousand

five hundred dollars or more and is less than one hundred fifty thousand dollars,

a felony of the fourth degree. (d) If the value of the property or services or the loss to the victim is one hundred

fifty thousand dollars or more, a felony of the third degree. (4) If the victim of the offense is an elderly person or disabled adult, unauthorized

use of property is whichever of the following is applicable: (a) Except as otherwise provided in division (F)(4)(b), (c), or (d) of this section,

a felony of the fifth degree; (b) If the value of the property or services or loss to the victim is one thousand dollars

or more and is less than seven thousand five hundred dollars, a felony of the fourth

degree; (c) If the value of the property or services or loss to the victim is seven thousand

five hundred dollars or more and is less than thirty-seven thousand five hundred dollars,

a felony of the third degree; (d) If the value of the property or services or loss to the victim is thirty-seven thousand

five hundred dollars or more, a felony of the second degree. (G)(1) Whoever violates division (B) of this section is guilty of unauthorized use of computer,

cable, or telecommunication property, and shall be punished as provided in division

(G)(2), (3), or (4) of this section. (2) Except as otherwise provided in division (G)(3) or (4) of this section, unauthorized

use of computer, cable, or telecommunication property is a felony of the fifth degree. (3) Except as otherwise provided in division (G)(4) of this section, if unauthorized

use of computer, cable, or telecommunication property is committed for the purpose

of devising or executing a scheme to defraud or to obtain property or services, for

obtaining money, property, or services by false or fraudulent pretenses, or for committing

any other criminal offense, unauthorized use of computer, cable, or telecommunication

property is whichever of the following is applicable: (a) Except as otherwise provided in division (G)(3)(b) of this section, if the value

of the property or services involved or the loss to the victim is seven thousand five

hundred dollars or more and less than one hundred fifty thousand dollars, a felony

of the fourth degree; (b) If the value of the property or services involved or the loss to the victim is one

hundred fifty thousand dollars or more, a felony of the third degree. (4) If the victim of the offense is an elderly person or disabled adult, unauthorized

use of computer, cable, or telecommunication property is whichever of the following

is applicable: (a) Except as otherwise provided in division (G)(4)(b), (c), or (d) of this section,

a felony of the fifth degree; (b) If the value of the property or services or loss to the victim is one thousand dollars

or more and is less than seven thousand five hundred dollars, a felony of the fourth

degree; (c) If the value of the property or services or loss to the victim is seven thousand

five hundred dollars or more and is less than thirty-seven thousand five hundred dollars,

a felony of the third degree; (d) If the value of the property or services or loss to the victim is thirty-seven thousand

five hundred dollars or more, a felony of the second degree. (H) Whoever violates division (C) of this section is guilty of unauthorized use of the

law enforcement automated database system, a felony of the fifth degree. (I) Whoever violates division (D) of this section is guilty of unauthorized use of the

Ohio law enforcement gateway, a felony of the fifth degree. (J) As used in this section: (1) “ Cable operator ” means any person or group of persons that does either of the following: (a) Provides cable service over a cable system and directly or through one or more affiliates

owns a significant interest in that cable system; (b) Otherwise controls or is responsible for, through any arrangement, the management

and operation of a cable system. (2) “ Cable service ” means any of the following: (a) The one-way transmission to subscribers of video programming or of information that

a cable operator makes available to all subscribers generally; (b) Subscriber interaction, if any, that is required for the selection or use of video

programming or of information that a cable operator makes available to all subscribers

generally, both as described in division (J)(2)(a) of this section; (c) Any cable television service. (3) “ Cable system ” means any facility, consisting of a set of closed transmission paths and associated

signal generation, reception, and control equipment that is designed to provide cable

service that includes video programming and that is provided to multiple subscribers

within a community.  “Cable system” does not include any of the following: (a) Any facility that serves only to retransmit the television signals of one or more

television broadcast stations; (b) Any facility that serves subscribers without using any public right-of-way; (c) Any facility of a common carrier that, under 47 U.S.C.A. 522(7)(c) , is excluded from the term “cable system” as defined in 47 U.S.C.A. 522(7) ; (d) Any open video system that complies with 47 U.S.C.A. 573 ; (e) Any facility of any electric utility used solely for operating its electric utility

system.