PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE
Title I — General Offenses
Chapter 625 — Theft and Fraud
Complete to December 31, 2007CROSS REFERENCES
See sectional histories for similar State law.
Deceptive measurements prohibited, CO 555.19
Property defined, CO 601.01
Cheating, CO 611.07
Falsification, CO 615.02
Impersonating a law enforcement officer, CO 615.09
Copying police and fire uniforms, CO 615.14
Deception to obtain matter harmful to juveniles, CO 619.13
Deceptive advertising, CO Ch 653
625.01 Definitions
As used in this chapter:
(a) "Deception" means knowingly deceiving another or causing another to be deceived, by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act or omission which creates, confirms or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.
(b) "Defraud" means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.
(c) "Deprive" means to:
(1) Withhold property of another permanently, or for such period as to appropriate a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;
(2) Dispose of property so as to make it unlikely that the owner will recover it;
(3) Accept, use or appropriate money, property or services, with purpose not to give proper consideration in return therefor, and without reasonable justification or excuse for not giving proper consideration.
(d) "Owner" means any person, other than the actor, who is the owner of, or who has possession or control of, or any license or interest in property or services, even though such ownership, possession, control, license or interest is unlawful.
(e) "Services" include labor, personal services, professional services, public utility services, common carrier services, and food, drink, transportation, entertainment and cable television services.
(f) "Writing" means any computer software, document, letter, memorandum, note, paper, plate, data, film or other thing having in or upon it any written, typewritten or printed matter, and also means any token, stamp, seal, credit card, badge, trademark, label or other symbol of value, right, privilege, license or identification.
(g) "Forge" means to fabricate or create, in whole or in part and by any means any spurious writing, or to make, execute, alter, complete, reproduce or otherwise purport to authenticate any writing, when such writing in fact is not authenticated thereby.
(h) "Utter" means to issue, publish, transfer, use, put or send into circulation, deliver or display.
(i) "Coin machine" means any mechanical or electronic device designed to do both of the following:
(1) Receive a coin or bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill or token, automatically dispense property, provide a service or grant a license.
(j) "Slug" means an object which, by virtue of its size, shape, composition or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token made for that purpose.
(k) "Theft offense" means any of the following:
(1) A violation of Sections 611.05, 625.05, 625.06, 625.10 to 625.18 or 625.21 of the General Offenses Code;
(2) A violation of an existing or former municipal ordinance or law of this or any other state or the United States substantially equivalent to any section listed in division (k)(1) of this section;
(3) An offense under an existing or former municipal ordinance or law of this or any other state or the United States involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit or fraud;
(4) A conspiracy or attempt to commit, or complicity in committing any offense under division (k)(1), (2) or (3) of this section.
(l) "Computer services" includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use or data that is contained within a computer system or computer network.
(m) "Computer" means an electronic device that performs logical, arithmetic and memory functions by the manipulation of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage, computer program or communication facilities that are connected or related, in a computer system or network to such an electronic device.
(n) "Computer system" means a computer and related devices, whether connected or unconnected, including, but not limited to, data input, output and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.
(o) "Computer network" means a set of related and remotely connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.
(p) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.
(q) "Computer software" means computer programs, procedures and other documentation associated with the operation of a computer system.
(r) "Data" means a representation of information, knowledge, facts, concepts or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer system or computer network.
(s) "Cable television service" means any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
(t) "Gain access" means to approach, instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.
(u) "Credit card" includes, but is not limited to, a card, code, device or other means of access to a customer's account for the purpose of obtaining money, property, labor or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine or a cash dispensing machine. "Electronic fund transfer" has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as amended.
(RC 2913.01; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
625.02 Application of Provisions
(a) Any person having been previously convicted of a theft offense under this Code or the Revised Code shall, on a subsequent offense, be prosecuted pursuant to the provisions of Title 29 of the Revised Code.
(b) This section shall not apply to Sections 625.10, 625.13, 625.16, 625.17 or 625.18.
(Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.03 Valuation of Property
(a) When a person is charged with a theft offense involving property or services valued at three hundred dollars ($300.00) or more, the jury or court trying the accused shall determine the value of such property or services as of the time of the offense and, if a guilty verdict is returned, shall return the finding of value as part of the verdict. In any such case it is unnecessary to find and return exact value, and it is sufficient if the finding and return is to the effect that the value of the property or services involved was less than three hundred dollars ($300.00) or was three hundred dollars ($300.00) or more.
(b) Where more than one item of property or services is involved in a theft offense, the value of the property or services involved for the purpose of determining the value as required by subsection (a) hereof, is the aggregate value of all property or services involved in the offense.
(c) When a series of offenses under Section 625.05 is committed by the offender in his same employment, capacity or relationship to another, all such offenses shall be tried as a single offense, and the value of the property or services involved for the purpose of determining the value as required by subsection (a) hereof, is the aggregate value of all property and services involved in all offenses in the series. In prosecuting a single offense under this section, it is not necessary to separately allege and prove each offense in the series. It is sufficient to allege and prove that the offender, within a given span of time committed one or more theft offense in his same employment, capacity or relationship to another.
(d) The following criteria shall be used in determining the value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record or other thing which has intrinsic worth to its owner and which is either irreplaceable or is replaceable only on the expenditure of substantial time, effort or money, is the amount which would compensate the owner for its loss.
(2) The value of personal effects and household goods, and of materials, supplies, equipment and fixtures used in the profession, business, trade, occupation or avocation of its owner, which property is not covered under subsection (d)(1) hereof, and which retains substantial utility for its purpose regardless of its age or condition, is the cost of replacing such property with new property of like kind and quality.
(3) The value of any property, real or personal, not covered under subsection (d)(1) or (2) hereof, and the value of services, is the fair market value of such property or services. As used in this section "fair market value" is the money consideration which a buyer would give and a seller would accept for property or services, assuming that the buyer is willing to buy and the seller is willing to sell, that both are fully informed as to all facts material to the transaction and that neither is under any compulsion to act.
(e) Without limitation on the evidence which may be used to establish the value of property or services involved in a theft offense:
(1) When the property involved is personal property held for sale at wholesale or retail, the price at which such property was held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity traded on an exchange, the closing price or, if there is no closing price, the asked price, given in the latest market quotation prior to the offense, is prima-facie evidence of the value of such security or commodity.
(3) When the property involved is livestock, poultry or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima-facie evidence of the value of such livestock, poultry or product.
(4) When the property involved is a negotiable instrument, the face value is prima-facie evidence of the value of such instrument.
(5) When the property involved is a warehouse receipt, bill of lading, pawn ticket, claim check or other instrument entitling the holder or bearer to receive property, the face value or, if there is no face value, the value of the property covered by the instrument less any payment necessary to receive the property, is prima-facie evidence of the value of the instrument.
(6) When the property involved is a ticket of admission, ticket for transportation, coupon, token, or other instrument entitling the holder or bearer to receive property or services, the face value or, if there is no face value, the value of the property or services which may be received thereby, is prima-facie evidence of the value of such instrument.
(7) When the services involved are gas, electricity, water, telephone, transportation, shipping or other services for which the rate is established by law, the duly established rate is prima-facie evidence of the value of such services.
(8) When the services involved are services for which the rate is not established by law, and the offender has been notified prior to the offense of the rate for such services, either in writing or orally, or by posting in a manner reasonably calculated to come to the attention of potential offenders, the rate contained in such notice is prima-facie evidence of the value of such services.
(RC 2913.61; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
625.04 Property Exceptions as Felony Offenses
Regardless of the value of the property involved, and regardless of whether the offender has previously been convicted of a theft offense, the provisions of Section 625.05 or 625.21 do not apply if the property involved is any of the following:
(a) A credit card;
(b) A printed form for a check or other negotiable instrument, which on its face identifies the drawer or maker for whose use it is designed or identifies the account on which it is to be drawn, and which has not been executed by the drawer or maker or on which the amount is blank;
(c) A firearm or dangerous ordnance as defined in Section 627.01;
(d) A motor vehicle as defined in Section 4501.01 of the Revised Code or the proceeds of a motor vehicle insurance policy;
(e) A motor vehicle identification license plate as prescribed by Section 4503.22 of the Revised Code, a temporary license placard or windshield sticker as prescribed by Section 4503.182 of the Revised Code, or any comparable license plate, placard or sticker as prescribed by the applicable law of another state or the United States;
(f) A blank form for a certificate of title or a manufacturer's or importer's certificate to a motor vehicle as prescribed by Section 4505.07 of the Revised Code;
(g) A blank form for any license listed in Division (A) of Section 4507.01 of the Revised Code.
(h) Any dangerous drug.
(RC 2913.71; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.05 Petty Theft
(a) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:
(1) Without the consent of the owner or person authorized to give consent;
(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation.
(b) This section shall not apply if the value of the property involved is five hundred dollars ($500.00) or more, or is any of the property listed in Section 625.04.
(c) This section shall not apply if the victim of the offense is an elderly person or disabled adult.
(d) Whoever violates this section is guilty of petty theft, a misdemeanor of the first degree.
(RC 2913.02; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.06 Unauthorized Use of a Vehicle
(a) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
(b) The following are affirmative defenses to a charge under this section:
(1) At the time of the alleged offense, the actor, though mistaken, reasonably believed that he was authorized to use or operate the property.
(2) At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.
(c) This section shall not apply if the offender removes the vehicle from this State or retains possession of it for more than forty-eight hours.
(d) Whoever violates this section is guilty of unauthorized use of a vehicle, a misdemeanor of the first degree.
(RC 2913.03; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.07 Motor Vehicle Trespass
(a) No person by force, stealth or deception shall trespass in or attempt to trespass in a locked motor vehicle or any locked compartment of any motor vehicle with purpose to commit any theft offense.
(b) No person shall knowingly enter into or upon a motor vehicle, motorcycle or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.
(c) Whoever violates this section is guilty of motor vehicle trespass. Violation of subsection (a) hereof is a misdemeanor of the first degree, and violation of subsection (b) hereof is a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
625.08 Criminal Tools
(a) No person shall knowingly possess or have under his control any device, instrument or article listed herein, with purpose to do any unlawful act:
(1) Detached ignition switch;
(2) Jumper wire device;
(3) Key cutter;
(4) Slidehammer;
(5) Any other device, instrument or article commonly used, designed or specially adapted for criminal use.
(b) As used in this section:
(1) "Detached ignition switch" means any ignition cylinder capable of completing the electrical circuit in the ignition system of an automobile.
(2) "Jumper wire device" means any electrical connecting device designed to complete the electrical circuit in the ignition of an automobile.
(3) "Key cutter" means any keymaking device capable of cutting or punching out keys.
(4) "Slidehammer" or "slaphammer" means a device with a movable weighted sleeve on a rod used to remove automobile locks.
(c) Whoever violates this section is guilty of possession of criminal tools, a misdemeanor of the first degree.
(Ord. No. 708-74. Passed 6-24-74, eff. 7-1-74)
625.09 Reserved
Note: Former Section 625.09 was repealed by Ord. No. 2823-89, passed 3-19-90, eff. 3-22-90. See RC 4549.042.
625.10 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 division (b) of Section 625.06 are affirmative defenses to a charge under this section.
(c) Whoever violates this section is guilty of unauthorized use of property. If the offense involves a violation of division (a) of this section and does not involve any computer, computer system, computer network, computer software or data, unauthorized use of property is a misdemeanor of the fourth degree.
(RC 2913.04; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
625.11 Passing Bad Checks
(a) No person, with purpose to defraud, shall issue, 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 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, endorser 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 RC 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 Section 4507.50 of the Revised Code;
(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.
(d) This section shall not apply if the check or other negotiable instrument is for payment of five hundred dollars ($500.00) or more.
(e) Whoever violates this section is guilty of passing bad checks, a misdemeanor of the first degree.
(RC 2913.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.12 Misuse of Credit Cards
(a) No person shall do any of the following:
(1) Practice deception for the purpose of procuring the issuance of a credit card, when a credit card is issued in actual reliance thereon;
(2) Knowingly buy or sell a credit card from or to a person other than the issuer.
(b) No person, with purpose to defraud, shall do any of the following:
(1) Obtain control over a credit card as security for a debt;
(2) Obtain property or services by the use of a credit card, in one or more transactions, knowing or having reasonable cause to believe that such card has expired or been revoked, or was obtained, is retained or is being used in violation of law;
(3) Furnish property or services upon presentation of a credit card, knowing that such card is being used in violation of law;
(4) Represent or cause to be represented to the issuer of a credit card that property or services have been furnished, knowing that such representation is false.
(c) No person, with purpose to violate this section, shall receive, possess, control or dispose of a credit card.
(d) Divisions (b)(1) or (2) of this section shall not apply if the victim of the offense is an elderly person or disabled adult.
(e) Divisions (b) (1) or (2) of this section shall not apply if the debt for which the card is held as security or the cumulative retail value of the property or services involved in the violations is more than five hundred dollars ($500.00).
(f) Divisions (b)(2), (3) or (4) of this section shall not apply if the cumulative retail value of the property and services involved in one or more violations of divisions (b)(2), (3), or (4) of this section which violations involve one or more credit card accounts and occur within a period of ninety consecutive days commencing on the date of the first violation, is five hundred dollars ($ 500.00) or more.
(g) Whoever violates this section is guilty of misuse of credit cards. Abuse of credit cards is a misdemeanor of the first degree.
(RC 2913.21; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.13 Making or Using Slugs
(a) No person shall do any of the following:
(1) Insert or deposit a slug in a coin machine, with purpose to defraud;
(2) Make, possess or dispose of a slug, with purpose of enabling another to defraud by inserting or depositing it in a coin machine.
(b) Whoever violates this section is guilty of making or using slugs, a misdemeanor of the second degree.
(RC 2913.33; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.14 Tampering with Coin Machines
(a) No person, with purpose to commit theft or to defraud, shall knowingly enter, force an entrance into, tamper with or insert any part of an instrument into any coin machine.
(b) Whoever violates this section is guilty of tampering with coin machines, a misdemeanor of the first degree.
(RC 2911.32; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.15 Defrauding a Livery or Hostelry
(a) No person, with purpose to defraud or knowing that he is facilitating a fraud, shall do either of the following:
(1) Hire an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse or buggy, or keep or operate any of the same which has been hired;
(2) Engage accommodations at a hotel, motel, inn, campground or other hostelry.
(b) It is prima-facie evidence of purpose to defraud if the offender does any of the following:
(1) Uses deception to induce the rental agency to furnish the offender with any of the property listed in subsection (a)(1) hereof, or uses deception to induce the hostelry to furnish him with accommodations;
(2) Hires any of the property named in subsection (a)(1) hereof, or engages accommodations knowing he is without sufficient means to pay the hire or rental;
(3) Absconds without paying the hire or rental;
(4) Knowingly fails to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for such failure;
(5) Knowingly fails to return hired property as required by the contract of hire, without reasonable excuse for such failure.
(c) Whoever violates this section is guilty of defrauding a livery or hostelry, a misdemeanor of the first degree.
(RC 2913.41; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
625.16 Tampering With Records
(a) No person, knowing he has no privilege to do so, and with purpose to defraud or knowing that he is facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface or mutilate any writing data or record;
(2) Utter any writing or record, knowing it to have been tampered with as provided in division (a)(1) of this section.
(b) Whoever violates this section is guilty of tampering with records, a misdemeanor of the first degree, if the violation does not involve data and if the writing or record is not a will unrevoked at the time of the offense or not a record kept by or belonging to a governmental agency.
(RC 2913.42; Ord. No. 2823-89. Passed 3-19-90, eff. 3-22-90)
625.17 Securing Writings by Deception
(a) No person, by deception, shall cause another to execute any writing which disposes of or encumbers property, or by which a pecuniary obligation is incurred.
(b) This section shall not apply if the value of the property or the obligation involved is five hundred dollars ($500.00) or more.
(c) This section shall not apply if the victim of the offense is an elderly person or disabled adult.
(d) Whoever violates this section is guilty of securing writings by deception, a misdemeanor of the first degree.
(RC 2913.43; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
625.18 Defrauding Creditors
(a) No person, with purpose to defraud one or more of his creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey or otherwise deal with any of his property;
(2) Misrepresent or refuse to disclose to a fiduciary appointed to administer or manage his affairs or estate, the existence, amount or location of any of his property, or any other information regarding such property which he is legally required to furnish to the fiduciary.
(b) Whoever violates this section is guilty of defrauding creditors, a misdemeanor of the first degree.
(RC 2913.45; Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.19 Deceptive Securities Publication
(a) No person, with purpose to deceive, shall make, publish, or cause to be made or published, a report of any transaction in securities, when no such transaction has taken place.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.20 False Memorandum of Securities Purchase or Sale
(a) No person shall deliver any memorandum of purchase or sale of securities, knowing that such memorandum is false in any material respect.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 54-74. Passed 3-25-74, eff. 4-1-74)
625.21 Receiving Stolen Property
(a) No person shall receive, retain or dispose of property of another, knowing or having reasonable cause to believe it has been obtained through commission of a theft offense.
(b) This section shall not apply if the value of the property involved is three hundred dollars ($300.00) or more, or is any of the property listed in Section 625.04.
(c) Whoever violates this section is guilty of receiving stolen property, a misdemeanor of the first degree.
(RC 2913.51; Ord. No. 304-85. Passed 4-15-85, eff. 4-17-85)
625.22 Tampering with Manhole Covers
(a) No person, firm or corporation, except an authorized agent or employee of the City, or an authorized public utility which has obtained permission from the City, shall wilfully in any manner displace, loosen, open or remove any manhole cover, which is the property of the City, which has been placed in any street, alley, public way or public park.
(b) Whoever violates this section shall be guilty of a misdemeanor of the first degree.
(Ord. No. 907-A-74. Passed 7-8-74, eff. 7-9-74)
625.23 Possessing, Selling or Purchasing Manhole Covers
(a) No person, firm or corporation shall have in his possession or under his control, or receive, sell, purchase or otherwise dispose of any manhole cover, which is the property of the City, without authority of the proper officials of the City, or pursuant to any authorized sale by the City as provided by law, knowing or having reasonable cause to believe that it has been obtained through the commission of an offense listed in Section 625.22.
(b) Whoever violates this section shall be guilty of a misdemeanor of the first degree.
(c) In addition to the fines and penalties herein imposed, the City may suspend or revoke any junk dealer or second-hand dealer license, where the violation involves junk or second-hand dealers, pursuant to the authority contained in Section 676.12.
(Ord. No. 907-A-74. Passed 7-8-74, eff. 7-9-74)
625.24 Defrauding Library
(a) No person shall wilfully or negligently detain or fail to return to a public library any book, magazine, pamphlet, manuscript, picture, clipping or other property belonging to such library, or pay the reasonable value thereof, within thirty days from the date of the posting by registered mail of a notice addressed to such person at the last address furnished the public library. Such notice may be given at any time after the date on which such person should have returned the loaned property.
(b) No person shall give a fictitious or incorrect name or address at any public library in order to obtain possession or use of any book, pamphlet, magazine, newspaper, clipping or picture, the property of such library, or practice any deceit to conceal or mislead in respect to identity, address or place of employment.
(c) Whoever violates this section is guilty of defrauding a library, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
625.25 Defrauding Restaurants
(a) No person, with intent to defraud, shall obtain food in any restaurant or other eating place licensed by the City.
(b) Whoever violates this section is guilty of defrauding a restaurant, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
625.26 Defrauding Fire and Damage Victims
(a) No person, firm or corporation, or the employees or agents thereof, shall falsely identify himself in any manner to the owner or tenant of any premises damaged by fire, hurricane, tornado or other disaster or accident as an officer or employee of the City, or falsely represent in any manner to such owner or tenant the contents of laws of the State or the Codified Ordinances of the City as an inducement to obtain the signature of such owner or tenant upon a contract for the repair of the damaged premises.
(b) Whoever violates this section is guilty of defrauding fire and damage victims, a misdemeanor of the first degree.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
625.27 Trafficking In or Illegal Use of "WIC" Coupons
(a) Definitions. The following terms as used in this section are used as defined in the Ohio Administrative Code, Section 3701-42-01:
(1) "WIC program" means the special supplemental food program for women, infants, and children established under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, and administered in Ohio by the Ohio Department of Health under RC 3701.132.
(2) "Coupon" means a document issued by the Ohio Department of Health that may be exchanged by a participant or proxy for authorized foods at a WIC retail vendor store location.
(3) "Participant" means a pregnant, postpartum, or breastfeeding woman, or an infant or child who is receiving supplemental foods or coupons under the WIC program, and the breastfed infants of participant breastfeeding women.
(4) "Proxy" means an individual who is designated as the parent, guardian, or alternate shopper and who is listed on the "State of Ohio WIC Program Identification and Verification of Certification Coupon Holder" issued to the participant by the Ohio Department of Health as being authorized to receive and negotiate coupons on behalf of the participant.
(5) "WIC retail vendor" or "vendor" means an individual or business entity that operates one or more grocery stores or pharmacies and that is authorized to redeem coupons under a retail vendor contract executed under paragraph (f) of 7 C.F.R. 246.12 and paragraph (A) of Rule 3701-42-03 of the Ohio Administrative Code. (OAC 3701-42-01)
(b) No participant or proxy in the WIC program, or WIC retail vendor, or individual, shall knowingly possess, buy, sell, use, alter, accept, or transfer WIC coupons in any manner not authorized by the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. Section 1786, as amended, and administered in Ohio by the Ohio Department of Health under RC 3701.132, or by Chapter 3701-42 of the Ohio Administrative Code.
(c) No WIC retail vendor shall:
(1) Knowingly allow an employee to sell, transfer, or trade items or services, the purchase of which is prohibited by the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, and administered in Ohio by the Ohio Department of Health under RC 3701.132, or by Chapter 3701-42 of the Ohio Administrative Code;
(2) Negligently allow an employee to sell, transfer, or exchange WIC coupons in any manner unauthorized by 42 U.S.C. Section 1786, as amended, and administered in Ohio under RC 3701.132, or by Chapter 3701-42 of the Ohio Administrative Code.
(d) Whoever violates division (b) of this section is guilty of trafficking in WIC coupons, a misdemeanor of the first degree.
(e) Whoever violates division (c) of this section is guilty of illegal use of WIC coupons, a misdemeanor of the first degree.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
Note: Section 625.27 was enacted by Ord. No. 2213-92, passed 2-8-92, eff. 2-16-92.