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2000 033 Ordinance
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Last modified
11/19/2018 4:09:29 PM
Creation date
9/10/2018 6:39:14 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
033
Date
8/22/2000
Year
2000
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545.03 GENERAL OFFENSES CODE 112 <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 market <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 />545.03 PROPERTY EXCEPTIONS AS FELONY OFFENSE. <br />Regardless of the value of the property involved, and regardless of whether the offender <br />has previously been convicted of a theft offense, the provisions of Section 545.05 or 545.18 do <br />not apply if the property involved is any of the following: <br />(a) A credit card; <br />(b) A printed form for a check or other negotiable instrument, that on its face identifies <br />the drawer or maker for whose use it is designed or identifies the account on which <br />it is to be drawn, and that has not been executed by the drawer or maker or on <br />which the amount is blank; <br />2000 Replacement <br />
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