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114A Theft and Fraud 545.07
<br />(e) Whoever violates subsection (a) hereof is guilty of unauthorized use of a vehicle,
<br />a misdemeanor of the first degree. If the victim of the offense is an elderly person or disabled
<br />adult and if the victim incurs a loss as a result of the violation, a violation of subsection (a) hereof
<br />is a felony and shall be prosecuted under appropriate State law. (ORC 2913.03)
<br />(f) Whoever violates subsection (d) hereof is guilty of vehicle trespass, a minor
<br />misdemeanor.
<br />545.07 INSURANCE FRAUD.
<br />(a) As used in this section:
<br />(1) "Data" has the same meaning as in Section 545.01 and additionally includes
<br />any other representation of information, knowledge, facts, concepts or
<br />instructions that are being or have been prepared in a formalized manner.
<br />(2) "Deceptive" means that a statement, in whole or in part, would cause
<br />another to be deceived because it contains a misleading representation,
<br />withholds information, prevents the acquisition of information or by any
<br />other conduct, act or omission creates, confirms or perpetuates a false
<br />impression, including, but not limited to, a false impression as to law,
<br />value, state of mind or other objective or subjective fact.
<br />(3) "Insurer" means any person that is authorized to engage in the business of
<br />insurance in this State under Title XXXIX of the Ohio Revised Code; The
<br />Ohio Fair Plan Underwriting Association created under Ohio R. C. 3929.43;
<br />any health insuring corporation; and any legal entity that is self-insured and
<br />provides benefits to its employees or members.
<br />(4) "Policy" means a policy, certificate, contract or plan that is issued by an
<br />insurer.
<br />(5) "Statement" includes, but is not limited to, any notice, letter or
<br />memorandum; proof of loss; bill of lading; receipt for payment; invoice,
<br />account or other financial statement; estimate of property damage; bill for
<br />services; diagnosis or prognosis; prescription; hospital, medical or dental
<br />chart or other record; X-Ray, photograph, videotape or movie film; test
<br />result; other evidence of loss, injury or expense; computer-generated
<br />document; and data in any form.
<br />(b) No person, with purpose to defraud or knowing that the person is facilitating a
<br />fraud, shall do either of the following:
<br />(1) Present to, or cause to be presented to, an insurer any written or oral
<br />statement that is part of, or in support of, an application for insurance, a
<br />claim for payment pursuant to a policy or a claim for any other benefit
<br />pursuant to a policy, knowing that the statement, or any part of the
<br />statement, is false or deceptive;
<br />(2) Assist, aid, abet, solicit, procure or conspire with another to prepare or
<br />make any written or oral statement that is intended to be presented to an
<br />insurer as part of, or in support of, an application for insurance, a claim
<br />for payment pursuant to a policy, or a claim for any other benefit pursuant
<br />to a policy, knowing that the statement, or any part of the statement, is
<br />false or deceptive.
<br />(c) Whoever violates this section is guilty of insurance fraud a misdemeanor of the first
<br />degree. If the amount of the claim that is false or deceptive is five hundred dollars ($500.00) or
<br />more, insurance fraud is a felony and shall be prosecuted under appropriate State law.
<br />2000 Replacement
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