Ohio § 2923.32

§ 2923.32.

(A)(1) No person employed by, or associated with, any enterprise shall conduct or participate

in, directly or indirectly, the affairs of the enterprise through a pattern of corrupt

activity or the collection of an unlawful debt. (2) No person, through a pattern of corrupt activity or the collection of an unlawful

debt, shall acquire or maintain, directly or indirectly, any interest in, or control

of, any enterprise or real property. (3) No person, who knowingly has received any proceeds derived, directly or indirectly,

from a pattern of corrupt activity or the collection of any unlawful debt, shall use

or invest, directly or indirectly, any part of those proceeds, or any proceeds derived

from the use or investment of any of those proceeds, in the acquisition of any title

to, or any right, interest, or equity in, real property or in the establishment or

operation of any enterprise. A purchase of securities on the open market with intent to make an investment, without

intent to control or participate in the control of the issuer, and without intent

to assist another to do so is not a violation of this division, if the securities

of the issuer held after the purchase by the purchaser, the members of the purchaser's

immediate family, and the purchaser's or the immediate family members' accomplices

in any pattern of corrupt activity or the collection of an unlawful debt do not aggregate

one per cent of the outstanding securities of any one class of the issuer and do not

confer, in law or in fact, the power to elect one or more directors of the issuer. (B)(1) Whoever violates this section is guilty of engaging in a pattern of corrupt activity.  Except as otherwise provided in this division, engaging in corrupt activity is a

felony of the second degree.  Except as otherwise provided in this division, if at least one of the incidents

of corrupt activity is a felony of the first, second, or third degree, aggravated

murder, or murder, if at least one of the incidents was a felony under the law of

this state that was committed prior to July 1, 1996, and that would constitute a felony

of the first, second, or third degree, aggravated murder, or murder if committed on

or after July 1, 1996, or if at least one of the incidents of corrupt activity is

a felony under the law of the United States or of another state that, if committed

in this state on or after July 1, 1996, would constitute a felony of the first, second,

or third degree, aggravated murder, or murder under the law of this state, engaging

in a pattern of corrupt activity is a felony of the first degree.  If the offender also is convicted of or pleads guilty to a specification as described

in section 2941.1422 of the Revised Code that was included in the indictment, count in the indictment, or information charging

the offense, engaging in a pattern of corrupt activity is a felony of the first degree,

and the court shall sentence the offender to a mandatory prison term as provided in division (B)(7) of section 2929.14 of the Revised Code and shall order the offender to make restitution as provided in division (B)(8) of section 2929.18 of the Revised Code .  Notwithstanding any other provision of law, a person may be convicted of violating

the provisions of this section as well as of a conspiracy to violate one or more of

those provisions under section 2923.01 of the Revised Code . (2) Notwithstanding the financial sanctions authorized by section 2929.18 of the Revised Code , the court may do all of the following with respect to any person who derives pecuniary

value or causes property damage, personal injury other than pain and suffering, or

other loss through or by the violation of this section: (a) In lieu of the fine authorized by that section, impose a fine not exceeding the greater

of three times the gross value gained or three times the gross loss caused and order

the clerk of the court to pay the fine into the state treasury to the credit of the

corrupt activity investigation and prosecution fund, which is hereby created; (b) In addition to the fine described in division (B)(2)(a) of this section and the financial

sanctions authorized by section 2929.18 of the Revised Code , order the person to pay court costs; (c) In addition to the fine described in division (B)(2)(a) of this section and the financial

sanctions authorized by section 2929.18 of the Revised Code , order the person to pay to the state, municipal, or county law enforcement agencies

that handled the investigation and prosecution the costs of investigation and prosecution

that are reasonably incurred. The court shall hold a hearing to determine the amount of fine, court costs, and other

costs to be imposed under this division. (3) In addition to any other penalty or disposition authorized or required by law, the

court shall order any person who is convicted of or pleads guilty to a violation of

this section or who is adjudicated delinquent by reason of a violation of this section

to criminally forfeit to the state under Chapter 2981. of the Revised Code any personal

or real property in which the person has an interest and that was used in the course

of or intended for use in the course of a violation of this section, or that was derived

from or realized through conduct in violation of this section, including any property

constituting an interest in, means of control over, or influence over the enterprise

involved in the violation and any property constituting proceeds derived from the

violation, including all of the following: (a) Any position, office, appointment, tenure, commission, or employment contract of

any kind acquired or maintained by the person in violation of this section, through

which the person, in violation of this section, conducted or participated in the conduct

of an enterprise, or that afforded the person a source of influence or control over

an enterprise that the person exercised in violation of this section; (b) Any compensation, right, or benefit derived from a position, office, appointment,

tenure, commission, or employment contract described in division (B)(3)(a) of this

section that accrued to the person in violation of this section during the period

of the pattern of corrupt activity; (c) Any interest in, security of, claim against, or property or contractual right affording

the person a source of influence or control over the affairs of an enterprise that

the person exercised in violation of this section; (d) Any amount payable or paid under any contract for goods or services that was awarded

or performed in violation of this section. (C) If a pattern of corrupt activity involves one or more incidents of organized retail

theft, the retail establishment, manufacturer, distributor, cargo transportation unit,

online marketplace, or group of those entities whose retail property is alleged to

have been stolen may contact the prosecuting attorney and request that the charge

be aggregated with other thefts of retail property about which the retail establishment

or group of establishments is aware. In determining whether the retail value of stolen retail property equals or exceeds

one thousand dollars, the value of all retail property stolen from the retail establishment

or group of establishments by the same person or persons within any six-month period

shall be aggregated.