GuidelinelawOhio shoplifting and theft laws are stipulated in the Ohio Revised Code (ORC) and dictates the what constitute theft in the state. In this article, we discuss the various forms and degrees of theft in Ohio and other relevant information. Read on to know more.
What is theft in Ohio
A person commits theft if they knowingly obtain or exert control over either the property or services belonging to another, with the purpose to deprive the owner of the property or services in any of the following ways:
- Without the consent of the owner or person authorized to give consent;
- Beyond the scope of the express or implied consent of the owner or person authorized to give consent;
- By deception;
- By threat;
- By intimidation.
Whoever breaches these is guilty of the crime of theft.
Ohio Shoplifting law
Shoplifting in Ohio is defined as the theft of items from a retail establishment with a total value below one thousand dollars ($1000). Shoplifting according to the definitions of the Ohio Revised Code, is a petty theft, which constitute a misdemeanor of the first degree.
Punishment for shoplifting in Ohio
Punishment for shoplifting that qualifies as petty theft in Ohio, is a misdemeanor offense of the first degree and carries a sentence of up to one hundred eighty (180) days in jail.
Degrees of theft in Ohio
If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree.
If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a violation of this section is grand theft, a felony of the fourth degree.
If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, a violation of this section is aggravated theft, a felony of the third degree.
If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree.
If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.
Theft from a person in a protected class
If the victim of the offense is an elderly person, disabled adult, active-duty service member, or spouse of an active-duty service member, a violation of this section is theft from a person in a protected class, and the following applies:
1. Except as otherwise provided in this division, theft from a person in a protected class is a felony of the fifth degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, theft from a person in a protected class is a felony of the fourth degree.
2. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, theft from a person in a protected class is a felony of the third degree.
3. If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree.
4. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from a person in a protected class is a felony of the first degree.
5. If the victim of the offense is an elderly person, in addition to any other penalty imposed for the offense, the offender shall be required to pay full restitution to the victim and to pay a fine of up to fifty thousand dollars.
The clerk of court shall forward all fines collected under from the offender in (5 above) to the county department of job and family services to be used for the reporting and investigation of elder abuse, neglect, and exploitation or for the provision or arrangement of protective services under sections.
Theft of firearm or dangerous ordnance
If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft. Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense.
If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree. The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
Theft of other forms
If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.
If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.
If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.
If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.
Penalties for theft in Ohio
Sentencing of a theft charge is depending on a complicated sentencing guidelines in Ohio. The following penalties and others may apply depending on the nature of the crime, offender’s history and prevailing or aggravating circumstances.
Petty theft
The crime of petty theft is a misdemeanor of the first degree. It carries a sentence of not more than one hundred eighty days of jail.
Fifth degree Felony theft
A fifth degree felony theft carries the penalty of up to 12 months in prison and fines of up to $2500.
Fourth degree Felony theft
Fourth degree felony theft carries the penalty of up to 18 months in prison and fines of up to $5000
Third degree Felony theft
Third degree felony theft carries the penalty of up to 3 years in prison and fines of up to $10,000
Second degree Felony theft
Second degree felony theft carries the penalty of up to 8 years in prison and fines of up to $15,000
First degree Felony theft
First degree felony theft carries the penalty of up to 11 years in prison and fines of up to $20,000
Conclusion
The Ohio Revised Code § 2913.02 is the relevant legislation that defines what constitutes theft, the various degrees and the charges for theft.
Reference: Casetext – Ohio Revised Code
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