Chapter 541: Property Offenses

Sections

Cross references

  • See sectional histories for similar State law
  • Parents’ liability for destructive acts of their children - see Ohio R.C. 3109.09
  • Physical harm to property defined - see GEN. OFF. 501.01(d), (f)
  • Reimbursement for investigation or prosecution costs - see GEN. OFF. 501.99(a)
  • Damage to sidewalks - see GEN. OFF. 521.04
  • Vehicle trespass - see GEN. OFF. 545.06

541.01   Determining property value in arson

  1. (a) The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of Section 541.02.

    1. (1) If the property is an heirloom, memento, collector’s item, antique, museum piece, manuscript, document, record or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss.

    2. (2) If the property is not covered under subsection (a)(1) hereof, and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property.

    3. (3) If the property is not covered under subsection (a)(1) hereof, and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense.

  2. (b) As used in this section, “fair market value” has the same meaning as in Section 545.02(c)(3).

  3. (c) Prima-facie evidence of the value of property, as provided in Section 545.02(d) may be used to establish the value of property pursuant to this section.
    (ORC 2909.11)

541.02   Arson

  1. (a) No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any property of another without the other person’s consent.

  2. (b)

    1. (1) No person, by means of fire or explosion, shall knowingly cause or create a substantial risk of physical harm to any structure of another that is not an occupied structure;

    2. (2) It is an affirmative defense to a charge under subsection (b)(1) of this section that the defendant acted with the consent of the other person.

  3. (c) Whoever violates this section is guilty of arson, a misdemeanor of the first degree. If the value of the property or the amount of physical harm involved is one thousand dollars ($1,000) or more, arson is a felony and shall be prosecuted under appropriate State law.
    (ORC 2909.03)

541.03   Criminal damaging or endangering

  1. (a) No person shall cause, or create a substantial risk of physical harm to any property of another without the other person’s consent:

    1. (1) Knowingly, by any means;

    2. (2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.

  2. (b) Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person or if the property involved in a violation is an occupied aircraft, criminal damaging or endangering is a felony and shall be prosecuted under appropriate State law.
    (ORC 2909.06)

541.04   Criminal mischief

  1. (a) No person shall:

    1. (1) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with either of the following:

      1. (A) The property of another;

      2. (B) One’s own residential real property with the purpose to decrease the value of or enjoyment of the residential real property, if both of the following apply:

        1. (1) The residential real property is subject to a mortgage.

        2. (2) The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that real property. As used in this subsection, “pending” includes the time between judgment entry and confirmation of sale.

    2. (2) With purpose to interfere with the use or enjoyment of property of another employ a tear gas device, stink bomb, smoke generator or other device releasing a substance that is harmful or offensive to persons exposed, or that tends to cause public alarm;

    3. (3) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with a bench mark, triangulation station, boundary marker or other survey station, monument or marker.

    4. (4) Without privilege to do so, knowingly move, deface, damage, destroy or otherwise improperly tamper with any safety device, the property of another or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;

    5. (5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure or personal property that is on that land.

    6. (6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, all as defined in Ohio R.C. 2909.01, knowingly do any of the following:

      1. (A) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;

      2. (B) Introduce a computer contaminant into a computer, computer system, computer network, computer software or computer program.

    7. (7) Without privilege to do so, knowingly destroy or improperly tamper with a critical infrastructure facility.

  2. (b) As used in this section:

    1. (1) “Critical Infrastructure Facility”. Has the same meaning as in Ohio R.C. 2911.21.

    2. (2) “Improperly Tamper”. Means to change the physical location or the physical condition of the property.

    3. (3) “Safety Device”. Means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.

  3. (c)

    1. (1) Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in subsection (c)(2), (c)(3), or (c)(4) of this section.

    2. (2) Except as otherwise provided in this subsection, criminal mischief committed in violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is a misdemeanor of the first degree. If the property involved in the violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft and if the violation creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of subsection (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is a felony to be prosecuted under appropriate state law.

    3. (3) Except as otherwise provided in this subsection, criminal mischief committed in violation of subsection (a)(6) of this section is a misdemeanor of the first degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of subsection (a)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars ($1,000) or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of subsection (a)(6) is used or intended to be used in the operation of an aircraft and the violation creates any risk of physical harm to any person, or if the aircraft in question is an occupied aircraft, criminal mischief committed in violation of subsection (a)(6) of this section is a felony to be prosecuted under appropriate state law.

    4. (4) Criminal mischief committed in violation of subsection (a)(7) of this section is a felony to be prosecuted under appropriate state law.
      (ORC 2909.07)

541.05   Criminal trespass

  1. (a) No person, without privilege to do so, shall do any of the following:

    1. (1) Knowingly enter or remain on the land or premises of another;

    2. (2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;

    3. (3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;

    4. (4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

    5. (5) Knowingly enter or remain on a critical infrastructure facility.

  2. (b) It is no defense to a charge under this section that the land or premises involved was owned, controlled or in custody of a public agency.

  3. (c) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved when such authorization was secured by deception.

  4. (d)

    1. (1) Whoever violates this section is guilty of criminal trespass. Criminal trespass in violation of subsection (a)(1), (a)(2), (a)(3), or (a)(4) of this section is a misdemeanor of the fourth degree. Criminal trespass in violation of subsection (a)(5) of this section is a misdemeanor of the first degree.

    2. (2) Notwithstanding Section 501.99, if the person, in committing the violation of this section, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court shall impose a fine of two times the usual amount imposed for the violation.

    3. (3) If an offender previously has been convicted of or pleaded guilty to two or more violations of this section or a substantially equivalent municipal ordinance, or state law, and the offender, in committing each violation, used a snowmobile, off-highway motorcycle, or all-purpose vehicle, the court, in addition to or independent of all other penalties imposed for the violation, may impound the certificate of registration of that snowmobile or off-highway motorcycle or the certificate of registration and license plate of that all-purpose vehicle for not less than sixty days. In such a case, Ohio R.C. 4519.47 applies.

  5. (e) As used in subsections (a) through (e) of this section:

    1. (1) “All-Purpose Vehicle, Off-Highway Motorcycle” and “Snowmobile”. Have the same meanings as in Ohio R.C. 4519.01.

    2. (2) “Critical Infrastructure Facility”. Means:

      1. (A) One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with signs that are reasonably likely to come to the attention of potential intruders and that indicate entry is forbidden without site authorization:

        1. (1) A petroleum or alumina refinery;

        2. (2) An electric generating facility, substation, switching station, electrical control center, or electric transmission and distribution lines and associated equipment;

        3. (3) A chemical, polymer, or rubber manufacturing facility;

        4. (4) A water intake structure, water treatment facility, waste water facility, drainage facility, water management facility, or any similar water or sewage treatment system and its water and sewage piping;

        5. (5) A natural gas company facility or interstate natural gas pipeline, including a pipeline interconnection, a natural gas compressor station and associated facilities, city gate or town border station, metering station, above-ground piping, regulator station, valve site, delivery station, fabricated assembly, or any other part of a natural gas storage facility involved in the gathering, storage, transmission, or distribution of gas;

        6. (6) A telecommunications central switching office or remote switching facility or an equivalent network facility that serves a similar purpose;

        7. (7) Wireline or wireless telecommunications infrastructure, including telecommunications towers and telephone poles and lines, including fiber optic lines;

        8. (8) A port, trucking terminal, or other freight transportation facility;

        9. (9) A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids;

        10. (10) A transmission facility used by a federally licensed radio or television station;

        11. (11) A steel-making facility that uses an electric arc furnace to make steel;

        12. (12) A facility identified and regulated by the United States Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards Program under 6 C.F.R. part 27;

        13. (13) A dam that is regulated by the state or federal government;

        14. (14) A crude oil or refined products storage and distribution facility, including valve sites, pipeline interconnections, pump station, metering station, below- or above-ground pipeline, or piping and truck loading or off-loading facility;

        15. (15) A video service network and broadband infrastructure, including associated buildings and facilities, video service headends, towers, utility poles, and utility lines such as fiber optic lines. As used in this division, “video service network” has the same meaning as in Ohio R.C. 1332.21.

        16. (16) Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility;

        17. (17) Any above-ground portion of a well, well pad, or production operation;

        18. (18) A laydown area or construction site for pipe and other equipment intended for use on an interstate or intrastate natural gas or crude oil pipeline;

        19. (19) Any mining operation, including any processing equipment, batching operation, or support facility for that mining operation.

      2. (B) With respect to a video service network or broadband or wireless telecommunications infrastructure, the above-ground portion of a facility installed in a public right-of-way on a utility pole or in a conduit;

      3. (C) Any railroad property;

      4. (D) An electronic asset of any of the following:

        1. (1) An electric light company that is a public utility under Ohio R.C. 4905.02;

        2. (2) An electric cooperative, as defined in Ohio R.C. 4928.01;

        3. (3) A municipal electric utility, as defined in Ohio R.C. 4928.01;

        4. (4) A natural gas company that is a public utility under Ohio R.C. 4905.02;

        5. (5) A telephone company that is a public utility under Ohio R.C. 4905.02;

        6. (6) A video service provider, including a cable operator, as those terms are defined in Ohio R.C. 1332.21.

    3. (3) “Electronic Asset”. Includes, but is not limited to, the hardware, software, and data of a programmable electronic device; all communications, operations, and customer data networks; and the contents of those data networks.

    4. (4) “Land” or “Premises”. Includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.

    5. (5) “Production Operation, Well, and Well Pad”. Have the same meanings as in Ohio R.C. 1509.01.
      (ORC 2911.21)

541.051   Aggravated trespass

  1. (a)

    1. (1) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to that person.

    2. (2) No person shall enter or remain on a critical infrastructure facility with purpose to destroy or tamper with the facility.

  2. (b) Whoever violates this section is guilty of aggravated trespass. Aggravated trespass in violation of subsection (a)(1) of this section is a misdemeanor of the first degree. Aggravated trespass in violation of subsection (a)(2) of this section is a felony to be prosecuted under appropriate state law.

  3. (c) As used in this section, “Critical infrastructure facility” has the same meaning as in Ohio R.C. 2911.21.
    (ORC 2911.211)

541.06   Destruction of shrubs, trees or crops

  1. (a) No person, without privilege to do so, shall recklessly cut down, destroy, girdle or otherwise injure a vine, bush, shrub, sapling, tree or crop standing or growing on the land of another or upon public land.

  2. (b) In addition to any penalty provided, whoever violates this section is liable in treble damages for the injury caused.
    (ORC 901.51)

  3. (c) Whoever violates this section is guilty of a misdemeanor of the third degree.
    (ORC 901.99(A))

541.07   Desecration

  1. (a) No person, without privilege to do so, shall purposely deface, damage, pollute or otherwise physically mistreat any of the following:

    1. (1) The flag of the United States or of this State;

    2. (2) Any public monument;

    3. (3) Any historical or commemorative marker, or any structure, Indian mound or earthwork, cemetery, thing or site of great historical or archeological interest;

    4. (4) A work of art or museum piece;

    5. (5) Any other object of reverence or sacred devotion.

  2. (b) Whoever violates this section is guilty of desecration, a misdemeanor of the second degree.

  3. (c) As used in this section, “cemetery” means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
    (ORC 2927.11)

541.08   Ethnic intimidation

  1. (a) No person shall violate Ohio R.C. 2903.21, 2903.22, 2909.06, 2909.07 or 2917.21(A)(3) to (5) or Sections 537.05, 537.06, 537.10(a)(3) to (5), 541.03 or 541.04 of the General Offenses Code by reason of the race, color, religion or national origin of another person or group of persons.

  2. (b) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation.
    (ORC 2927.12)

541.09   Loitering; obstructing free passage

  1. (a) No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or upon any public or quasi-public sidewalk, parking lot, street, driveway, curb, crossway, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably, the free passage of pedestrians or vehicles thereon; nor shall any person block or obstruct or prevent the free access to the entrance to any building open to the public.

  2. (b) Whoever violates this section is guilty of loitering, a misdemeanor of the third degree.
    (Ord. 1992-68. Passed 7-13-92.)

541.10   Vehicular vandalism

  1. (a) As used in this section:

    1. (1) “Highway” means any highway as defined in Section 301.42 of the Traffic Code or any lane, road, street, alley, bridge, or overpass.

    2. (2) “Alley”, “street”, and “vehicle” have the same meanings as in Chapter 301 of the Traffic Code.

    3. (3) “Vessel” and “waters in this State” have the same meanings as in Ohio R.C. 1546.01.

  2. (b) No person shall knowingly, and by any means, drop or throw any object at, onto, or in the path of any of the following:

    1. (1) Any vehicle on a highway;

    2. (2) Any boat or vessel on any of the waters in this State that are located in the Municipality.

  3. (c) Whoever violates this section is guilty of vehicular vandalism. Except as otherwise provided in this subsection, vehicular vandalism is a misdemeanor of the first degree. If the violation of this section creates a substantial risk of physical harm to any person, serious physical harm to property, physical harm to any person or serious physical harm to any person, vehicular vandalism is a felony and shall be prosecuted under appropriate State law.
    (ORC 2909.09)

541.11   Trespass on a place of public amusement

  1. (a) As used in this section, “place of public amusement” means a stadium, theater or other facility, whether licensed or not, at which a live performance, sporting event, or other activity takes place for entertainment of the public and to which access is made available to the public, regardless of whether admission is charged.

  2. (b) No person, without privilege to do so, shall knowingly enter or remain on any restricted portion of a place of public amusement and, as a result of that conduct, interrupt or cause the delay of the live performance, sporting event, or other activity taking place at the place of public amusement after a printed written notice has been given as provided in subsection (d)(1) of this section that the general public is restricted from access to that restricted portion of the place of public amusement. A restricted portion of a place of public amusement may include, but is not limited to, a playing field, an athletic surface, or a stage located at the place of public amusement.

  3. (c) An owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement may use reasonable force to restrain and remove a person from a restricted portion of the place of public amusement if the person enters or remains on the restricted portion of the place of public amusement and, as a result of that conduct, interrupts or causes the delay of the live performance, sporting event, or other activity taking place at the place of public amusement. This subsection does not provide immunity from criminal liability for any use of force beyond reasonable force by an owner or lessee of a place of public amusement, an agent of either the owner or lessee, or a performer or participant at a place of public amusement.

  4. (d)

    1. (1) Notice has been given that the general public is restricted from access to a portion of a place of public amusement if a printed written notice of the restricted access has been conspicuously posted or exhibited at the entrance to that portion of the place of public amusement. If a printed written notice is posted or exhibited as described in this subsection, regarding a portion of a place of public amusement, in addition to that posting or exhibition, notice that the general public is restricted from access to that portion of the place of public amusement also may be given, but is not required to be given, by either of the following means:

      1. (A) By notifying the person personally, either orally or in writing, that access to that portion of the place of public amusement is restricted;

      2. (B) By broadcasting over the public address system of the place of public amusement an oral warning that access to that portion of the public place of amusement is restricted.

    2. (2) If notice that the general public is restricted from access to a portion of a place of public amusement is provided by the posting or exhibition of a printed written notice as described in subsection (d)(1) of this section, the Municipality, in a criminal prosecution for a violation of subsection (b) of this section, is not required to prove that the defendant received actual notice that the general public is restricted from access to a portion of a place of public amusement.

  5. (e)

    1. (1) Whoever violates subsection (b) of this section is guilty of criminal trespass on a place of public amusement, a misdemeanor of the first degree.

    2. (2) In addition to any jail term, fine or other sentence, penalty, or sanction it imposes upon the offender pursuant to subsection (e)(1) of this section, a court may require an offender who violates this section to perform not less than thirty and not more than one hundred twenty hours of supervised community service work.
      (ORC 2911.23)

541.99   Penalty

(Editor’s note: See Section 501.99 for penalties applicable to any misdemeanor classification.)