Ohio § 2913.08

§ 2913.08.

(A) As used in this section: (1) “Enterprise” has the same meaning as in section 2923.31 of the Revised Code . (2) “ Retail property ” means any tangible personal property displayed, held, stored, transported, or offered

for sale in or by a retail establishment, manufacturer, distributor, or an online

marketplace as defined in section 1349.65 of the Revised Code .  “Retail property” includes gift cards as defined in section 1349.61 of the Revised Code . (3) “ Retail property fence ” means an enterprise that possesses, procures, receives, or conceals retail property

that was represented to the enterprise as being stolen or that the enterprise knows

or believes to be stolen. (4) “ Retail value ” means the full retail value of the retail property, including all applicable taxes

and shipping costs. (5) “ Theft ” means conduct that would constitute a violation of section 2913.02 of the Revised Code . (B) No person shall knowingly commit theft of retail property with a retail value of

seven thousand five hundred dollars or more from a retail establishment, manufacturer,

distributor, or cargo transportation unit for either of the following purposes: (1) To sell, deliver, or transfer that property to a retail property fence; (2) To sell, deliver, transfer, exchange, or return the retail property for value. (C) No person employed by, or associated with, an enterprise shall receive, purchase,

or possess retail property with a retail value of seven thousand five hundred dollars

or more if the person knows, believes, or has reasonable cause to believe that the

property has been obtained by theft. (D) No person shall knowingly act as an agent of an enterprise to steal retail property

with a retail value of seven thousand five hundred dollars or more from a retail establishment,

manufacturer, distributor, or cargo transportation unit as part of an organized plan

to commit theft. (E) No person shall knowingly recruit, coordinate, organize, supervise, direct, manage,

or finance an enterprise to undertake any of the acts described in division (B), (C),

or (D) of this section. (F) Whoever violates this section is guilty of organized theft of retail property.  If the retail value is less than seven hundred fifty thousand dollars, organized

theft of retail property is a felony of the third degree.  If the retail value is seven hundred fifty thousand dollars or more but less than

one million five hundred thousand dollars, organized theft of retail property is a

felony of the second degree.  If the retail value is one million five hundred thousand dollars or more, organized

theft of retail property is a felony of the first degree.  If organized theft of retail property is a felony of the third degree under this

division and if the offender previously has been convicted of or pleaded guilty to

organized theft of retail property or, within the prior three years, any felony theft

offense, there is a presumption of a prison term for the offense.  If organized theft of retail property is a felony of the third degree under this

division and if the offender two or more times previously has been convicted of or

pleaded guilty to organized theft of retail property, or, within the prior three years,

two or more felony theft offenses, the court shall impose as a mandatory prison term

one of the prison terms prescribed for a felony of the third degree. (G) In determining whether the retail value of retail property equals or exceeds seven

thousand five hundred dollars, the value of all retail property stolen from the retail

establishment or retail establishments by the same person or persons within any twelve-month

period shall be aggregated. (H)(1) A prosecution for a violation of this section does not preclude a prosecution for

a violation of section 2913.02 , 2913.51 , or 2913.32 of the Revised Code based on the same conduct or a prosecution for a violation of section 2923.32 of the Revised Code based on the same conduct where the violation involves engaging in a pattern of corrupt

activity related to organized retail theft. (2) If an offender is convicted of or pleads guilty to a violation of this section and

is also convicted of or pleads guilty to a violation described in division (H)(1)

of this section based on the same conduct that was the basis of the violation of this

section, the two or more offenses are allied offenses of similar import under section 2941.25 of the Revised Code .