2000 033 Ordinance - Laserfiche WebLink

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545.08 GENERAL OFFENSES CODE 114B (d) This section shall not be construed to abrogate, waive or modify Ohio R.C. 2317.02(A). (ORC 2913.47) 545.08 UNAUTHORIZED USE OF PROPERTY. (a) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent. (b) The affirmative defenses contained in Section 545.06(c) are affirmative defenses to a charge under this section. (c) Whoever violates this section is guilty of unauthorized use of property. Except as provided in subsection (d) hereof, unauthorized use of property is a misdemeanor of the fourth degree. (d) If unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is a misdemeanor of the first degree. Unauthorized use of property is a felony and shall be prosecuted under appropriate State law if: (1) Unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain pro erty or services, and if the value of the property is five hundred dollars (500.00) or more; or (2) If the victim of the offense is an elderly person or disabled adult. (ORC 2913.04) 545.09 PASSING BAD CHECKS. (a) No person, with purpose to defraud, shall issue or transfer or cause to be issued or transferred a check or other negotiable instrument, knowing that it will be dishonored. (b) For purposes of this section, a person who issues or transfers a check or other negotiable instrument is presumed to know that it will be dishonored, if either of the following occurs: (1) The drawer had no account with the drawee at the time of issue or the stated date, whichever is later. (2) The check or other negotiable instrument was properly refused payment for insufficient funds upon presentment within thirty days after issue or the stated date, whichever is later, and the liability of the drawer, indorser or any party who may be liable thereon is not discharged by payment or satisfaction within ten days after receiving notice of dishonor. (c) For purposes of this section, a person who issues or transfers a check, bill of exchange or other draft is presumed to have the purpose to defraud if the drawer fails to comply with Ohio R.C. 1349.16 by doing any of the following when opening a checking account intended for personal, family or household purposes at a financial institution: (1) Falsely stating that the drawer has not been issued a valid driver's or commercial driver's license or identification card issued under Ohio R.C. 4507.50; (2) Furnishing such license or card, or another identification document that contains false information; (3) Making a false statement with respect to the drawer's current address or any additional relevant information reasonably required by the financial institution. 2000 Replacement