|
545.02 GENERAL OFFENSES CODE 112
<br />(2) The value of personal effects and household goods, and of materials,
<br />supplies, equipment and fixtures used in the profession, business, trade,
<br />occupation or avocation of its owner, which property is not covered under
<br />subsection (c)(1) hereof, and which retains substantial utility for its
<br />purpose regardless of its age or condition, is the cost of replacing the
<br />property with new property of like kind and quality.
<br />(3) The value of any real or personal property that is not covered under
<br />subsections (c)(1) or (2) hereof, and the value of services, is the fair
<br />market value of the property or services. As used in this section, "fair
<br />market value" is the money consideration that a buyer would give and a
<br />seller would accept for property or services, assuming that the buyer is
<br />willing to buy and the seller is willing to sell, that both are fully informed
<br />as to all facts material to the transaction, and that neither is under any
<br />compulsion to act.
<br />(d) Without limitation on the evidence that may be used to establish the value of
<br />property or services involved in a theft offense:
<br />(1) When the property involved is personal property held for sale at wholesale
<br /> or retail, the price at which the property was held for sale is prima-facie
<br /> evidence of its value.
<br />(2) When the property involved is a security or commodity traded on an
<br /> exchange, the closing price or, if there is no closing price, the asked price,
<br /> given in the latest market quotation prior to the offense, is prima-facie
<br /> evidence of the value of the security or commodity.
<br />(3) When the property involved is livestock, poultry or raw agricultural
<br /> products for which a local market price is available, the latest local mazket
<br /> price prior to the offense is prima-facie evidence of the value of the
<br /> livestock, poultry or products.
<br />(4) When the property involved is a negotiable instrument, the face value is
<br /> prima-facie evidence of the value of the instrument.
<br />(5) When the property involved is a warehouse receipt, bill of lading, pawn
<br /> ticket, claim check or other instrument entitling the holder or bearer to
<br /> receive property, the face value or, if there is no face value, the value of the
<br /> property covered by the instrument less any payment necessary to receive
<br /> the property, is prima-facie evidence of the value of the instrument.
<br />(6) When the property involved is a ticket of admission, ticket for
<br /> transportation, coupon, token or other instrument entitling the holder or
<br /> bearer to receive property or services, the face value or, if there is no face
<br /> value, the value of the property or services that may be received by the
<br /> instrument, is prima-facie evidence of the value of the instrument.
<br />(7) When the services involved are gas, electricity, water, telephone,
<br /> transportation,• shipping or other services for which the rate is established
<br /> by law, the duly established rate is prima-facie evidence of the value of the
<br /> services.
<br />(8) When the services involved are services for which the rate is not established
<br /> by law, and the offender has been notified prior to the offense of the rate
<br /> for the services, either in writing or orally, or by posting in a manner
<br /> reasonably calculated to come to the attention of potential offenders, the
<br /> rate contained in the notice is prima-facie evidence of the value of the
<br /> services. (ORC 2913.61)
<br />2006 Replacement
|