Ohio § 2913.01

§ 2913.01.

As used in this chapter, unless the context requires that a term be given a different

meaning: (A) “ Deception ” means knowingly deceiving another or causing another to be deceived by any false

or misleading representation, by withholding information, by preventing another from

acquiring information, or by any other conduct, act, or omission that creates, confirms,

or perpetuates a false impression in another, including a false impression as to law,

value, state of mind, or other objective or subjective fact. (B) “ Defraud ” means to knowingly obtain, by deception, some benefit for oneself or another, or

to knowingly cause, by deception, some detriment to another. (C) “ Deprive ” means to do any of the following: (1) Withhold property of another permanently, or for a period that appropriates a substantial

portion of its value or use, or with purpose to restore it only upon payment of a

reward or other consideration; (2) Dispose of property so as to make it unlikely that the owner will recover it; (3) Accept, use, or appropriate money, property, or services, with purpose not to give

proper consideration in return for the money, property, or services, and without reasonable

justification or excuse for not giving proper consideration. (D) “ Owner ” means, unless the context requires a different meaning, any person, other than the

actor, who is the owner of, who has possession or control of, or who has any license

or interest in property or services, even though the ownership, possession, control,

license, or interest is unlawful. (E) “ Services ” include labor, personal services, professional services, rental services, public

utility services including wireless service as defined in division (F)(1) of section 128.01 of the Revised Code , common carrier services, and food, drink, transportation, entertainment, and cable

television services and, for purposes of section 2913.04 of the Revised Code , include cable services as defined in that section. (F) “ Writing ” means any computer software, document, letter, memorandum, note, paper, plate, data,

film, or other thing having in or upon it any written, typewritten, or printed matter,

and any token, stamp, seal, credit card, badge, trademark, label, or other symbol

of value, right, privilege, license, or identification. (G) “ Forge ” means to fabricate or create, in whole or in part and by any means, any spurious

writing, or to make, execute, alter, complete, reproduce, or otherwise purport to

authenticate any writing, when the writing in fact is not authenticated by that conduct. (H) “ Utter ” means to issue, publish, transfer, use, put or send into circulation, deliver, or

display. (I) “ Coin machine ” means any mechanical or electronic device designed to do both of the following: (1) Receive a coin, bill, or token made for that purpose; (2) In return for the insertion or deposit of a coin, bill, or token, automatically dispense

property, provide a service, or grant a license. (J) “ Slug ” means an object that, by virtue of its size, shape, composition, or other quality,

is capable of being inserted or deposited in a coin machine as an improper substitute

for a genuine coin, bill, or token made for that purpose. (K) “ Theft offense ” means any of the following: (1) A violation of section 2911.01 , 2911.02 , 2911.11 , 2911.12 , 2911.13 , 2911.31 , 2911.32 , 2913.02 , 2913.03 , 2913.04 , 2913.041 , 2913.05 , 2913.06 , 2913.08 , 2913.11 , 2913.21 , 2913.31 , 2913.32 , 2913.33 , 2913.34 , 2913.40 , 2913.42 , 2913.43 , 2913.44 , 2913.45 , 2913.47 , 2913.48 , former section 2913.47 or 2913.48, or section 2913.51, 2915.05, or 2921.41 of the

Revised Code; (2) A violation of an existing or former municipal ordinance or law of this or any other

state, or of the United States, substantially equivalent to any section listed in

division (K)(1) of this section or a violation of section 2913.41 , 2913.81 , or 2915.06 of the Revised Code as it existed prior to July 1, 1996; (3) An offense under an existing or former municipal ordinance or law of this or any

other state, or of the United States, involving robbery, burglary, breaking and entering,

theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud; (4) A conspiracy or attempt to commit, or complicity in committing, any offense under

division (K)(1), (2), or (3) of this section. (L) “ Computer services ” includes, but is not limited to, the use of a computer system, computer network,

computer program, data that is prepared for computer use, or data that is contained

within a computer system or computer network. (M) “ Computer ” means an electronic device that performs logical, arithmetic, and memory functions

by the manipulation of electronic or magnetic impulses.  “ Computer ” includes, but is not limited to, all input, output, processing, storage, computer

program, or communication facilities that are connected, or related, in a computer

system or network to an electronic device of that nature. (N) “ Computer system ” means a computer and related devices, whether connected or unconnected, including,

but not limited to, data input, output, and storage devices, data communications links,

and computer programs and data that make the system capable of performing specified

special purpose data processing tasks. (O) “ Computer network ” means a set of related and remotely connected computers and communication facilities

that includes more than one computer system that has the capability to transmit among

the connected computers and communication facilities through the use of computer facilities. (P) “ Computer program ” means an ordered set of data representing coded instructions or statements that,

when executed by a computer, cause the computer to process data. (Q) “ Computer software ” means computer programs, procedures, and other documentation associated with the

operation of a computer system. (R) “ Data ” means a representation of information, knowledge, facts, concepts, or instructions

that are being or have been prepared in a formalized manner and that are intended

for use in a computer, computer system, or computer network.  For purposes of section 2913.47 of the Revised Code , “data” has the additional meaning set forth in division (A) of that section. (S) “ Cable television service ” means any services provided by or through the facilities of any cable television

system or other similar closed circuit coaxial cable communications system, or any

microwave or similar transmission service used in connection with any cable television

system or other similar closed circuit coaxial cable communications system. (T) “ Gain access ” means to approach, instruct, communicate with, store data in, retrieve data from,

or otherwise make use of any resources of a computer, computer system, or computer

network, or any cable service or cable system both as defined in section 2913.04 of the Revised Code . (U) “ Credit card ” includes, but is not limited to, a card, code, device, or other means of access

to a customer's account for the purpose of obtaining money, property, labor, or services

on credit, or for initiating an electronic fund transfer at a point-of-sale terminal,

an automated teller machine, or a cash dispensing machine.  It also includes a county procurement card issued under section 301.29 of the Revised Code . (V) “Electronic fund transfer” has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a , as amended. (W) “ Rented property ” means personal property in which the right of possession and use of the property

is for a short and possibly indeterminate term in return for consideration;  the rentee

generally controls the duration of possession of the property, within any applicable

minimum or maximum term;  and the amount of consideration generally is determined

by the duration of possession of the property. (X) “ Telecommunication ” means the origination, emission, dissemination, transmission, or reception of data,

images, signals, sounds, or other intelligence or equivalence of intelligence of any

nature over any communications system by any method, including, but not limited to,

a fiber optic, electronic, magnetic, optical, digital, or analog method. (Y) “ Telecommunications device ” means any instrument, equipment, machine, or other device that facilitates telecommunication,

including, but not limited to, a computer, computer network, computer chip, computer

circuit, scanner, telephone, cellular telephone, pager, personal communications device,

transponder, receiver, radio, modem, or device that enables the use of a modem. (Z) “ Telecommunications service ” means the providing, allowing, facilitating, or generating of any form of telecommunication

through the use of a telecommunications device over a telecommunications system. (AA) “ Counterfeit telecommunications device ” means a telecommunications device that, alone or with another telecommunications

device, has been altered, constructed, manufactured, or programmed to acquire, intercept,

receive, or otherwise facilitate the use of a telecommunications service or information

service without the authority or consent of the provider of the telecommunications

service or information service.  “ Counterfeit telecommunications device ” includes, but is not limited to, a clone telephone, clone microchip, tumbler telephone,

or tumbler microchip;  a wireless scanning device capable of acquiring, intercepting,

receiving, or otherwise facilitating the use of telecommunications service or information

service without immediate detection;  or a device, equipment, hardware, or software

designed for, or capable of, altering or changing the electronic serial number in

a wireless telephone. (BB)(1) “ Information service ” means, subject to division (BB)(2) of this section, the offering of a capability

for generating, acquiring, storing, transforming, processing, retrieving, utilizing,

or making available information via telecommunications, including, but not limited

to, electronic publishing. (2) “Information service” does not include any use of a capability of a type described

in division (BB)(1) of this section for the management, control, or operation of a

telecommunications system or the management of a telecommunications service. (CC) “ Elderly person ” means a person who is sixty-five years of age or older. (DD) “ Disabled adult ” means a person who is eighteen years of age or older and has some impairment of

body or mind that makes the person unable to work at any substantially remunerative

employment that the person otherwise would be able to perform and that will, with

reasonable probability, continue for a period of at least twelve months without any

present indication of recovery from the impairment, or who is eighteen years of age

or older and has been certified as permanently and totally disabled by an agency of

this state or the United States that has the function of so classifying persons. (EE) “Firearm” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code . (FF) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code . (GG) “Dangerous drug” has the same meaning as in section 4729.01 of the Revised Code . (HH) “Drug abuse offense” has the same meaning as in section 2925.01 of the Revised Code . (II)(1) “ Computer hacking ” means any of the following: (a) Gaining access or attempting to gain access to all or part of a computer, computer

system, or a computer network without express or implied authorization with the intent

to defraud or with intent to commit a crime; (b) Misusing computer or network services including, but not limited to, mail transfer

programs, file transfer programs, proxy servers, and web servers by performing functions

not authorized by the owner of the computer, computer system, or computer network

or other person authorized to give consent.  As used in this division, “ misuse of computer and network services ” includes, but is not limited to, the unauthorized use of any of the following: (i) Mail transfer programs to send mail to persons other than the authorized users of

that computer or computer network; (ii) File transfer program proxy services or proxy servers to access other computers,

computer systems, or computer networks; (iii) Web servers to redirect users to other web pages or web servers. (c)(i) Subject to division (II)(1)(c)(ii) of this section, using a group of computer programs

commonly known as “port scanners” or “probes” to intentionally access any computer,

computer system, or computer network without the permission of the owner of the computer,

computer system, or computer network or other person authorized to give consent.  The group of computer programs referred to in this division includes, but is not

limited to, those computer programs that use a computer network to access a computer,

computer system, or another computer network to determine any of the following:  the

presence or types of computers or computer systems on a network;  the computer network's

facilities and capabilities;  the availability of computer or network services;  the

presence or versions of computer software including, but not limited to, operating

systems, computer services, or computer contaminants;  the presence of a known computer

software deficiency that can be used to gain unauthorized access to a computer, computer

system, or computer network;  or any other information about a computer, computer

system, or computer network not necessary for the normal and lawful operation of the

computer initiating the access. (ii) The group of computer programs referred to in division (II)(1)(c)(i) of this section

does not include standard computer software used for the normal operation, administration,

management, and test of a computer, computer system, or computer network including,

but not limited to, domain name services, mail transfer services, and other operating

system services, computer programs commonly called “ping,” “tcpdump,” and “traceroute”

and other network monitoring and management computer software, and computer programs

commonly known as “nslookup” and “whois” and other systems administration computer

software. (d) The intentional use of a computer, computer system, or a computer network in a manner

that exceeds any right or permission granted by the owner of the computer, computer

system, or computer network or other person authorized to give consent. (2) “Computer hacking” does not include the introduction of a computer contaminant, as

defined in section 2909.01 of the Revised Code , into a computer, computer system, computer program, or computer network. (JJ) “Police dog or horse” has the same meaning as in section 2921.321 of the Revised Code . (KK) “ Anhydrous ammonia ” is a compound formed by the combination of two gaseous elements, nitrogen and hydrogen,

in the manner described in this division.  Anhydrous ammonia is one part nitrogen to three parts hydrogen (NH3).  Anhydrous ammonia by weight is fourteen parts nitrogen to three parts hydrogen,

which is approximately eighty-two per cent nitrogen to eighteen per cent hydrogen. (LL) “Assistance dog” has the same meaning as in section 955.021 of the Revised Code . (MM) “Federally licensed firearms dealer” has the same meaning as in section 5502.63 of the Revised Code . (NN) “ Active duty service member ” means any member of the armed forces of the United States performing active duty

under title 10 of the United States Code.