BACK to Laws Page 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. -------------------------------------------------------------- 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. -------------------------------------------------------------- (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. BACK to Laws Page