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Section 2913.04
General Assembly: 121
Bill Number: Amended Sub. S.B. 269
Effective Date: 07/01/96
(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) No person shall knowingly gain access to, attempt to gain
access to, or cause access to be gained to any computer,
computer system, or computer network without the consent of, or
beyond the scope of the express or implied consent of, the owner
of the computer, computer system, or computer network or other
person authorized to give consent by the owner.
* 2913.01 (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.
(C) The affirmative defenses contained in division (C) of section
2913.03 of the Revised Code are affirmative defenses to a charge
under this section.
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Section 2913.03
(C) 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 the actor 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.
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(D) Whoever violates division (A) of this section is guilty of
unauthorized use of property. Except as otherwise provided in this
division, unauthorized use of property is a misdemeanor of the
fourth degree.
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 whichever of the
following is applicable:
(1) Except as otherwise provided in division (D)(2), (3), or (4) of
this section, a misdemeanor of the first degree.
(2) If the value of the property or services or the loss to the victim
is five hundred dollars or more and is less than five thousand
dollars, a felony of the fifth degree.
(3) If the value of the property or services or the loss to the victim
is five thousand dollars or more and is less than one hundred
thousand dollars, a felony of the fourth degree.
(4) If the value of the property or services or the loss to the victim
is one hundred thousand dollars or more, a felony of the third
degree.
(E) Whoever violates division (B) of this section is guilty of
unauthorized use of computer property, a felony of the fifth degree.
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