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Ohio Theft Law

Theft is a huge category.  There are so many variations.  It is often a "tag on" crime, lying under a more serious offense.  It is the "lesser included offense" of many crimes.

Simple Theft

The definition of theft is found in the Ohio Revised Code:

2913.02 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.

That same section goes on to specify the penalties.

  • Petty Theft

    • Petty Theft of property valued at less than $1000 is a misdemeanor of the first degree.

    • If the value is $1000 or more but less than $7500 then it is a fifth degree felony.

    • It is a fifth degree felony if the property stolen is

      • A credit card
      • A printed form for a check or other negotiable instrument, that 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 that has not been executed by the drawer or maker or on which the amount is blank;
      • 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;
      • 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;
      • A blank form for any license listed in section 4507.01 of the Revised Code.
  • Grand Theft

    • Grand Theft is $7500 to less than $150,000.  It is a fourth degree felony.

  • Aggravated Theft

    • Aggravated Theft is $150,000 to less than $750,000.  It is a third degree felony.

    • $750,000 to less than $1,500,000 is a felony of the second degree.

    • $1,500,000 or over is a first degree felony.

Regardless of amount, these factors bump the penalties to a different level:

  • Elderly or disabled person (varies depending on amount)
  • Theft of a firearm or dangerous ordinance (F3 to an F1 with a presumption of prison)
  • Motor Vehicle (F4)
  • Drugs (F4 first to an F3 on a subsequent conviction)
  • Police horse, police dog or assistance dog (F3)
  • Anhydrous Ammonia (F3)

Plus the following

  • If it is a theft of gasoline, there's a possibility of a license suspension.
  • Theft of rental properly requires reimbursement.

Criminal sentences - click here

I found a dog ... can I keep it?

Not so simple theft

I hope you see that even "simple theft" isn't simple.  You need the services of an attorney to keep track of these complexities and insure they are all addressed.  Call me!