§ 131.01. Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Cable television service." Any services provided by or through the facilities of any cable television system or other similar closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.

"Coin machine." Any mechanical or electronic device designed to do both of the following:

1.

Receive a coin or bill, or token made for that purpose;

2.

In return for the insertion or deposit of a coin, bill, or token, automatically dispense property, provide a service, or grant a license.

"Computer." An electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses. "Computer" includes, but is not limited to, all input, output, processing, storage, computer program, or communication facilities that are connected, or related, in a computer system or network to such an electronic device.

"Computer network." A set of related and remotely-connected computers and communication facilities that includes more than one computer system that has the capability to transmit among the connected computers and communication facilities through the use of computer facilities.

"Computer program." An ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.

"Computer services." Includes, but is not limited to, the use of a computer system, computer network, computer program, data that is prepared for computer use, or data that is contained within a computer system or computer network.

"Computer software." Computer programs, procedures, and other documentation associated with the operation of a computer system.

"Computer system." A computer and related devices, whether connected or unconnected, including but not limited to data input, output, and storage devices, data communications links, and computer programs and data that make the system capable of performing specified special purpose data processing tasks.

"Credit card." Includes, but is not limited to, a card, code, device, or other means of access to a customer's account for the purpose of obtaining money, property, labor, or services on credit, or for initiating an electronic fund transfer at a point-of-sale terminal, an automated teller machine, or a cash dispensing machine.

"Data." A representation of information, knowledge, facts, concepts, or instructions that are being or have been prepared in a formalized manner and that are intended for use in a computer system or computer network. For the purposes of § 131.29, "data" has the additional meaning set forth in § 131.29(A).

"Deception." Knowingly deceiving another or causing another to be deceived, by any false or misleading representation, by withholding information, by preventing another from acquiring information, or by any other conduct, act, or omission that creates, confirms, or perpetuates a false impression in another, including a false impression as to law, value, state of mind, or other objective or subjective fact.

"Defraud." To knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another.

"Deprive."

1.

To withhold property of another permanently, or for such period as to appropriate a substantial portion of its value or use, or with purpose to restore it only upon payment of a reward or other consideration;

2.

To dispose of property so as to make it unlikely that the owner will recover it; or

3.

To accept, use, or appropriate money, property, or services, with purpose not to give proper consideration in return for the money, property, or services, and without reasonable justification or excuse for not giving proper consideration.

"Electronic fund transfer" has the same meaning as in 92 Stat. 3728, 15 U.S.C.A. 1693a, as may be amended.

"Forge." To fabricate or create, in whole or in part and by any means, any spurious writing, or to make, execute, alter, complete, reproduce, or otherwise purport to authenticate any writing, when the writing in fact is not authenticated by that conduct.

"Gain access." 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.

"Owner." Any person, other than the actor, who is the owner of, or who has possession or control of, or any license or interest in property or services, even though the ownership, possession, control, license, or interest is unlawful.

"Services." Includes labor, personal services, professional services, public utility services, common carrier services, and food, drink, transportation, entertainment, and cable television services.

"Slug." An object that, by virtue of its size, shape, composition, or other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill, or token made for that purpose.

"Theft offense." Any of the following:

1.

A violation of §§ 131.15 through 131.27, 131.29, 131.30, 131.31, 132.10, 134.05 of this code; and any of the statutes listed in R.C. § 2913.01(K)(1);

2.

A violation of an existing or former municipal ordinance or law of this or any other state or the United States substantially equivalent to any section listed in subsection (1);

3.

An offense under an existing or former municipal ordinance or law of this or any other state or the United States involving robbery, burglary, breaking and entering, theft, embezzlement, wrongful conversion, forgery, counterfeiting, deceit, or fraud;

4.

A conspiracy or attempt to commit, or complicity in committing any offense under subsection (1), (2), or (3).

"Utter." To issue, publish, transfer, use, put or send into circulation, deliver, or display.

"Writing." Any computer software, document, letter, memorandum note, paper, plate, data, film, or other thing having in or upon it any written, typewritten, or printed matter, and also means any token, stamp, seal, credit card, badge, trademark, label, or other symbol of value, right, privilege, license, or identification. (R.C. § 2913.01)

(Ord. 514-1997; Ord. 222-1991; Ord. 728-1973)