Ohio § 2913.02

§ 2913.02.

(A) No person, with purpose to deprive the owner of property or services, shall knowingly

obtain or exert control over either the property 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 deception; (4) By threat; (5) By intimidation. (B)(1) Whoever violates this section is guilty of theft. (2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6),

(7), (8), or (9) of this section, a violation of this section is misdemeanor theft,

a misdemeanor of the first degree.  If the value of the property or services stolen is one thousand dollars or more

and is less than seven thousand five hundred dollars or if the property stolen is

any of the property listed in section 2913.71 of the Revised Code , a violation of this section is theft, a felony of the fifth degree.  If the value of the property or services stolen is seven thousand five hundred dollars

or more and is less than one hundred fifty thousand dollars, or if the offender has

been convicted of or pleaded guilty to a felony theft offense within the previous

three years, a violation of this section is grand theft, a felony of the fourth degree.  If the value of the property or services stolen is one hundred fifty thousand dollars

or more and is less than seven hundred fifty thousand dollars, or if the offender

two or more times has been convicted of or pleaded guilty to a felony theft offense

within the previous three years, a violation of this section is aggravated theft,

a felony of the third degree.  If the value of the property or services is seven hundred fifty thousand dollars

or more and is less than one million five hundred thousand dollars, a violation of

this section is aggravated theft, a felony of the second degree.  If the value of the property or services stolen is one million five hundred thousand

dollars or more, a violation of this section is aggravated theft of one million five

hundred thousand dollars or more, a felony of the first degree. (3) Except as otherwise provided in division (B)(4), (5), (6), (7), (8), or (9) of this

section, if the victim of the offense is an elderly person, disabled adult, active

duty service member, or spouse of an active duty service member, a violation of this

section is theft from a person in a protected class, and division (B)(3) of this section

applies.  Except as otherwise provided in this division, theft from a person in a protected

class is a felony of the fifth degree.  If the value of the property or services stolen is one thousand dollars or more

and is less than seven thousand five hundred dollars, or if the offender has been

convicted of or pleaded guilty to a felony theft offense within the previous three

years, theft from a person in a protected class is a felony of the fourth degree.  If the value of the property or services stolen is seven thousand five hundred dollars

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

two or more times has been convicted of or pleaded guilty to a felony theft offense

within the previous three years, theft from a person in a protected class is a felony

of the third degree.  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.  If the value of the property or services stolen is one hundred fifty thousand dollars

or more, theft from a person in a protected class is a felony of the first degree.  If the victim of the offense is an elderly person, in addition to any other penalty

imposed for the offense, the offender shall be required to pay full restitution to

the victim and to pay a fine of up to fifty thousand dollars.  The clerk of court shall forward all fines collected under division (B)(3) of this

section to the county department of job and family services to be used for the reporting

and investigation of elder abuse, neglect, and exploitation or for the provision or

arrangement of protective services under sections 5101.61 to 5101.71 of the Revised Code . (4) If the property stolen is a firearm or dangerous ordnance, a violation of this section

is grand theft.  Except as otherwise provided in this division, grand theft when the property stolen

is a firearm or dangerous ordnance is a felony of the third degree, and there is a

presumption in favor of the court imposing a prison term for the offense.  If the firearm or dangerous ordnance was stolen from a federally licensed firearms

dealer, grand theft when the property stolen is a firearm or dangerous ordnance is

a felony of the first degree.  The offender shall serve a prison term imposed for grand theft when the property

stolen is a firearm or dangerous ordnance consecutively to any other prison term or

mandatory prison term previously or subsequently imposed upon the offender. (5) If the property stolen is a motor vehicle, a violation of this section is grand theft

of a motor vehicle, a felony of the fourth degree. (6) If the property stolen is any dangerous drug, a violation of this section is theft

of drugs, a felony of the fourth degree, or, if the offender previously has been convicted

of a felony drug abuse offense, a felony of the third degree. (7) If the property stolen is a police dog or horse or an assistance dog and the offender

knows or should know that the property stolen is a police dog or horse or an assistance

dog, a violation of this section is theft of a police dog or horse or an assistance

dog, a felony of the third degree. (8) If the property stolen is anhydrous ammonia, a violation of this section is theft

of anhydrous ammonia, a felony of the third degree. (9) Except as provided in division (B)(2) of this section with respect to property with

a value of seven thousand five hundred dollars or more and division (B)(3) of this

section with respect to property with a value of one thousand dollars or more, if

the property stolen is a special purpose article as defined in section 4737.04 of the Revised Code or is a bulk merchandise container as defined in section 4737.012 of the Revised Code , a violation of this section is theft of a special purpose article or articles or

theft of a bulk merchandise container or containers, a felony of the fifth degree. (10) In addition to the penalties described in division (B)(2) of this section, if the

offender committed the violation by causing a motor vehicle to leave the premises

of an establishment at which gasoline is offered for retail sale without the offender

making full payment for gasoline that was dispensed into the fuel tank of the motor

vehicle or into another container, the court may do one of the following: (a) Unless division (B)(10)(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 nonresident operating privilege; (b) If the offender's driver's license, probationary driver's license, commercial driver's

license, temporary instruction permit, or nonresident operating privilege has previously

been suspended pursuant to division (B)(10)(a) of this section, impose a class seven

suspension of the offender's license, permit, or privilege from the range specified

in division (A)(7) of section 4510.02 of the Revised Code , provided that the suspension shall be for at least six months. (c) The court, in lieu of suspending the offender's driver's or commercial driver's license,

probationary driver's license, temporary instruction permit, or nonresident operating

privilege pursuant to division (B)(10)(a) or (b) of this section, instead may require

the offender to perform community service for a number of hours determined by the

court. (11) In addition to the penalties described in division (B)(2) of this section, if the

offender committed the violation by stealing rented property or rental services, the

court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code .  Restitution may include, but is not limited to, the cost of repairing or replacing

the stolen property, or the cost of repairing the stolen property and any loss of

revenue resulting from deprivation of the property due to theft of rental services

that is less than or equal to the actual value of the property at the time it was

rented.  Evidence of intent to commit theft of rented property or rental services shall be

determined pursuant to the provisions of section 2913.72 of the Revised Code . (C) The sentencing court that suspends an offender's license, permit, or nonresident

operating privilege under division (B)(10) of this section may grant the offender

limited driving privileges during the period of the suspension in accordance with

Chapter 4510. of the Revised Code.