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117 Theft and Fraud ' 545.09 <br />(1) Unauthorized use of property is committed for the purpose of devising or <br />executing a scheme to defraud or to obtain property or services, and if the <br />value of the property is five hundred dollars ($500.00) or more; or <br />(2) If the victim of the offense is an elderly person or disabled adult. <br />(pRC 2913.04) <br />545.09 PASSING BAD CHECKS. <br />(a) As used in this section: <br />(1) "Check" includes any form of debit from a demand deposit account, <br />including, but not limrted to any of the following: <br />A. A check, bill of exchange, draft, order of withdrawal, or similar <br />negotiable or nonnegotiable instrument; <br />B. An electronic check, electronic transaction, debit card transaction, <br />check card transaction, substitute check, web check, or any form of <br />automated clearing house transaction. <br />(2) "Issue a check" means causing any form of debit from a demand deposit <br />account. <br />(b) No person, with purpose to defraud, shall issue or transfer or cause to be issued or <br />transferred a check or other negotiable instrument, knowing that it will be dishonored or knowing <br />that a person has ordered or will order stop payment on the check or other negotiable instrument. <br />(c) For purposes of this section, a person who issues or transfers a check or other <br />negotiable instrument is presumed to know that it will be dishonored, if either of the following <br />occurs: (1) The drawer had no account with the drawee at the time of issue or the <br />stated date, whichever is later. <br />(2) The check or other negotiable instrument was properly refused payment <br />for insufficient funds upon presentnent within thirty days after issue or <br />the stated date, whichever is later, and the liability of the drawer, indorser <br />or any party who may be liable thereon is not discharged by payment or <br />satisfaction within ten days after receiving notice of dishonor. <br />(d) For purposes of this section, a person who issues or transfers a check, bill of <br />exchange or other draft is presumed to have the purpose to defraud if the drawer fails to comply <br />with Ohio R. C. 1349.16 by doing any of the followmg when opening a checking account intended <br />for personal, family or household purposes at a fmancial institution: <br />(1) Falsely statmg that the drawer has not been issued a valid driver's or <br />commercial driver's license or identification card issued under Ohio R.C. <br />4507.50; <br />(2) Furnishing such license or card, or another identification document that <br />contains false information; <br />(3) Making a false statement with respect to the drawer's current address or <br />any additional relevant information reasonably required by the financial <br />institution. <br />(e) In determining the value of the payment for purposes of subsection ( fl of this <br />section, the court may aggregate all checks and other negotiable instruments that the offender <br />issued or transfer'red or caused to be issued or transferred in violation of subsection (a) of this <br />section within a period of one hundred eighty consecutive days. <br />2006 Replacement