Section 2913.05 | Telecommunications fraud.
(A) No person, having devised a scheme to defraud, shall knowingly disseminate, transmit, or cause to be disseminated or transmitted by means of a wire, radio, satellite, telecommunication, telecommunications device, telecommunications service, or voice over internet protocol service any writing, data, sign, signal, picture, sound, or image with purpose to execute or otherwise further the scheme to defraud.
(B) No person, with the intent to defraud, cause harm, or wrongfully obtain anything of value, shall knowingly cause, directly or indirectly, any caller identification service to transmit or display misleading or inaccurate caller identification information in connection with any telecommunication service or voice over internet protocol service.
(C) Divisions (A) and (B) of this section do not apply to any of the following:
(1) A person who uses a telephone number that is identified as "unknown" or "blocked" or who leaves a message and includes the person's true identity;
(2) Any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, a county, or a political subdivision of a state;
(3) Any activity engaged in pursuant to a court order that specifically authorizes the use of caller identification manipulation.
(D) If an offender commits a violation of division (A) or (B) of this section and the violation occurs as part of a course of conduct involving other violations of division (A) or (B) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in determining the degree of the offense pursuant to division (E) of this section, may aggregate the value of the benefit obtained by the offender or of the detriment to the victim of the fraud in the violations involved in that course of conduct. The course of conduct may involve one victim or more than one victim.
(E)(1) Whoever violates this section is guilty of telecommunications fraud. Except as otherwise provided in this division, telecommunications fraud is a felony of the fifth degree. If the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is one thousand dollars or more but less than seven thousand five hundred dollars, telecommunications fraud is a felony of the fourth degree. If the value of the benefit obtained by the offender or of the detriment to the victim of the fraud is seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, telecommunications fraud is a felony of the third degree. If the value of the benefit obtained by the offender or of the detriment to the victims of the fraud is one hundred fifty thousand dollars or more but less than one million dollars, telecommunications fraud is a felony of the second degree. If the value of the benefit obtained by the offender or of the detriment to the victims of the fraud is one million dollars or more, telecommunications fraud is a felony of the first degree.
(2) If the victim of a violation of this section is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, telecommunications fraud is a felony of the fourth degree.
(F) As used in this section, "voice over internet protocol service" has the same meaning as in section 4927.01 of the Revised Code.
Last updated December 6, 2021 at 8:49 AM
Available Versions of this Section
- June 8, 2012 – Senate Bill 223 - 129th General Assembly [ View June 8, 2012 Version ]
- March 2, 2022 – Amended by Senate Bill 54 - 134th General Assembly [ View March 2, 2022 Version ]