Ohio § 2913.61

§ 2913.61.

(A) When a person is charged with a theft offense, or with a violation of division (A)(1) of section 1716.14 of the Revised Code involving a victim who is an elderly person or disabled adult that involves property

or services valued at one thousand dollars or more, property or services valued at

one thousand dollars or more and less than seven thousand five hundred dollars, property

or services valued at one thousand five hundred dollars or more and less than seven

thousand five hundred dollars, property or services valued at seven thousand five

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

property or services valued at seven thousand five hundred dollars or more and less

than one hundred fifty thousand dollars, property or services valued at thirty-seven

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

property or services valued at thirty-seven thousand five hundred dollars or more,

property or services valued at one hundred fifty thousand dollars or more, property

or services valued at one hundred fifty thousand dollars or more and less than seven

hundred fifty thousand dollars, property or services valued at seven hundred fifty

thousand dollars or more and less than one million five hundred thousand dollars,

or property or services valued at one million five hundred thousand dollars or more,

the jury or court trying the accused shall determine the value of the property or

services as of the time of the offense and, if a guilty verdict is returned, shall

return the finding of value as part of the verdict.  In any case in which the jury or court determines that the value of the property

or services at the time of the offense was one thousand dollars or more, it is unnecessary

to find and return the exact value, and it is sufficient if the finding and return

is to the effect that the value of the property or services involved was one thousand

dollars or more, was one thousand dollars or more and less than seven thousand five

hundred dollars, was one thousand five hundred dollars or more and less than seven

thousand five hundred dollars, was seven thousand five hundred dollars or more and

less than thirty-seven thousand five hundred dollars, was seven thousand five hundred

dollars or more and less than one hundred fifty thousand dollars, was thirty-seven

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

was thirty-seven thousand five hundred dollars or more, was one hundred fifty thousand

dollars or more, was one hundred fifty thousand dollars or more and less than seven

hundred fifty thousand dollars, was seven hundred fifty thousand dollars or more and

less than one million five hundred thousand dollars, or was one million five hundred

thousand dollars or more, whichever is relevant regarding the offense. (B) If more than one item of property or services is involved in a theft offense or in

a violation of division (A)(1) of section 1716.14 of the Revised Code involving a victim who is an elderly person or disabled adult, the value of the property

or services involved for the purpose of determining the value as required by division

(A) of this section is the aggregate value of all property or services involved in

the offense. (C)(1) When a series of offenses under section 2913.02 of the Revised Code , or a series of violations of, attempts to commit a violation of, conspiracies to

violate, or complicity in violations of division (A)(1) of section 1716.14 , section 2913.02 , 2913.03 , or 2913.04, division (B)(1) or (2) of section 2913.21 , or section 2913.31 or 2913.43 of the Revised Code involving a victim who is an elderly person or disabled adult, is committed by the

offender in the offender's same employment, capacity, or relationship to another,

all of those offenses shall be tried as a single offense.  When a series of offenses under section 2913.02 of the Revised Code , or a series of violations of, attempts to commit a violation of, conspiracies to

violate, or complicity in violations of section 2913.02 or 2913.43 of the Revised Code involving a victim who is an active duty service member or spouse of an active duty

service member is committed by the offender in the offender's same employment, capacity,

or relationship to another, all of those offenses shall be tried as a single offense.  The value of the property or services involved in the series of offenses for the

purpose of determining the value as required by division (A) of this section is the

aggregate value of all property and services involved in all offenses in the series. (2) If an offender commits a series of offenses under section 2913.02 of the Revised Code that involves a common course of conduct to defraud multiple victims, all of the

offenses may be tried as a single offense.  If an offender is being tried for the commission of a series of violations of, attempts

to commit a violation of, conspiracies to violate, or complicity in violations of division (A)(1) of section 1716.14 , section 2913.02 , 2913.03 , or 2913.04, division (B)(1) or (2) of section 2913.21 , or section 2913.31 or 2913.43 of the Revised Code , whether committed against one victim or more than one victim, involving a victim

who is an elderly person or disabled adult, pursuant to a scheme or course of conduct,

all of those offenses may be tried as a single offense.  If an offender is being tried for the commission of a series of violations of, attempts

to commit a violation of, conspiracies to violate, or complicity in violations of section 2913.02 or 2913.43 of the Revised Code , whether committed against one victim or more than one victim, involving a victim

who is an active duty service member or spouse of an active duty service member pursuant

to a scheme or course of conduct, all of those offenses may be tried as a single offense.  If the offenses are tried as a single offense, the value of the property or services

involved for the purpose of determining the value as required by division (A) of this

section is the aggregate value of all property and services involved in all of the

offenses in the course of conduct. (3) When a series of two or more offenses under section 2913.40 , 2913.48 , or 2921.41 of the Revised Code is committed by the offender in the offender's same employment, capacity, or relationship

to another, all of those offenses may be tried as a single offense.  If the offenses are tried as a single offense, the value of the property or services

involved for the purpose of determining the value as required by division (A) of this

section is the aggregate value of all property and services involved in all of the

offenses in the series of two or more offenses. (4) In prosecuting a single offense under division (C)(1), (2), or (3) of this section,

it is not necessary to separately allege and prove each offense in the series.  Rather, it is sufficient to allege and prove that the offender, within a given span

of time, committed one or more theft offenses or violations of section 2913.40 , 2913.48 , or 2921.41 of the Revised Code in the offender's same employment, capacity, or relationship to another as described

in division (C)(1) or (3) of this section, or committed one or more theft offenses

that involve a common course of conduct to defraud multiple victims or a scheme or

course of conduct as described in division (C)(2) of this section.  While it is not necessary to separately allege and prove each offense in the series

in order to prosecute a single offense under division (C)(1), (2), or (3) of this

section, it remains necessary in prosecuting them as a single offense to prove the

aggregate value of the property or services in order to meet the requisite statutory

offense level sought by the prosecution. (D) The following criteria shall be used in determining the value of property or services

involved in a theft offense: (1) The value of an heirloom, memento, collector's item, antique, museum piece, manuscript,

document, record, or other thing that has intrinsic worth to its owner and that either

is irreplaceable or is replaceable only on the expenditure of substantial time, effort,

or money, is the amount that would compensate the owner for its loss. (2) The value of personal effects and household goods, and of materials, supplies, equipment,

and fixtures used in the profession, business, trade, occupation, or avocation of

its owner, which property is not covered under division (D)(1) of this section and

which retains substantial utility for its purpose regardless of its age or condition,

is the cost of replacing the property with new property of like kind and quality. (3) The value of any real or personal property that is not covered under division (D)(1)

or (2) of this section, and the value of services, is the fair market value of the

property or services.  As used in this section, “ fair market value ” is the money consideration that a buyer would give and a seller would accept for

property or services, assuming that the buyer is willing to buy and the seller is

willing to sell, that both are fully informed as to all facts material to the transaction,

and that neither is under any compulsion to act. (E) Without limitation on the evidence that may be used to establish the value of property

or services involved in a theft offense: (1) When the property involved is personal property held for sale at wholesale or retail,

the price at which the property was held for sale is prima-facie evidence of its value. (2) When the property involved is a security or commodity traded on an exchange, the

closing price or, if there is no closing price, the asked price, given in the latest

market quotation prior to the offense is prima-facie evidence of the value of the

security or commodity. (3) When the property involved is livestock, poultry, or raw agricultural products for

which a local market price is available, the latest local market price prior to the

offense is prima-facie evidence of the value of the livestock, poultry, or products. (4) When the property involved is a negotiable instrument, the face value is prima-facie

evidence of the value of the instrument. (5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim

check, or other instrument entitling the holder or bearer to receive property, the

face value or, if there is no face value, the value of the property covered by the

instrument less any payment necessary to receive the property is prima-facie evidence

of the value of the instrument. (6) When the property involved is a ticket of admission, ticket for transportation, coupon,

token, or other instrument entitling the holder or bearer to receive property or services,

the face value or, if there is no face value, the value of the property or services

that may be received by the instrument is prima-facie evidence of the value of the

instrument. (7) When the services involved are gas, electricity, water, telephone, transportation,

shipping, or other services for which the rate is established by law, the duly established

rate is prima-facie evidence of the value of the services. (8) When the services involved are services for which the rate is not established by

law, and the offender has been notified prior to the offense of the rate for the services,

either in writing, orally, or by posting in a manner reasonably calculated to come

to the attention of potential offenders, the rate contained in the notice is prima-facie

evidence of the value of the services.