2006 Ohio Revised Code - 2909.01. Definitions.

§ 2909.01. Definitions.
 

As used in sections 2909.01 to 2909.07 of the Revised Code: 

(A) To "create a substantial risk of serious physical harm to any person" includes the creation of a substantial risk of serious physical harm to any emergency personnel. 

(B) "Emergency personnel" means any of the following persons: 

(1) A peace officer, as defined in section 2935.01 of the Revised Code; 

(2) A member of a fire department or other firefighting agency of a municipal corporation, township, township fire district, joint fire district, other political subdivision, or combination of political subdivisions; 

(3) A member of a private fire company, as defined in section 9.60 of the Revised Code, or a volunteer firefighter; 

(4) A member of a joint ambulance district or joint emergency medical services district; 

(5) An emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, ambulance operator, or other member of an emergency medical service that is owned or operated by a political subdivision or a private entity; 

(6) The state fire marshal, the chief deputy state fire marshal, or an assistant state fire marshal; 

(7) A fire prevention officer of a political subdivision or an arson, fire, or similar investigator of a political subdivision. 

(C) "Occupied structure" means any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion thereof, to which any of the following applies: 

(1) It is maintained as a permanent or temporary dwelling, even though it is temporarily unoccupied and whether or not any person is actually present. 

(2) At the time, it is occupied as the permanent or temporary habitation of any person, whether or not any person is actually present. 

(3) At the time, it is specially adapted for the overnight accommodation of any person, whether or not any person is actually present. 

(4) At the time, any person is present or likely to be present in it. 

(D) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code. 

(E) "Computer," "computer hacking," "computer network," "computer program," "computer software," "computer system," "data," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code. 

(F) "Computer contaminant" means a computer program that is designed to modify, damage, destroy, disable, deny or degrade access to, allow unauthorized access to, functionally impair, record, or transmit information within a computer, computer system, or computer network without the express or implied consent of the owner or other person authorized to give consent and that is of a type or kind described in divisions (F)(1) to (4) of this section or of a type or kind similar to a type or kind described in divisions (F)(1) to (4) of this section: 

(1) A group of computer programs commonly known as "viruses" and "worms" that are self-replicating or self-propagating and that are designed to contaminate other computer programs, compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network; 

(2) A group of computer programs commonly known as "Trojans" or "Trojan horses" that are not self-replicating or self-propagating and that are designed to compromise computer security, consume computer resources, modify, destroy, record, or transmit data, or disrupt the normal operation of the computer, computer system, or computer network; 

(3) A group of computer programs commonly known as "zombies" that are designed to use a computer without the knowledge and consent of the owner, or other person authorized to give consent, and that are designed to send large quantities of data to a targeted computer network for the purpose of degrading the targeted computer's or network's performance, or denying access through the network to the targeted computer or network, resulting in what is commonly known as "Denial of Service" or "Distributed Denial of Service" attacks; 

(4) A group of computer programs commonly know as "trap doors," "back doors," or "root kits" that are designed to bypass standard authentication software and that are designed to allow access to or use of a computer without the knowledge or consent of the owner, or other person authorized to give consent. 

(G) "Internet" has the same meaning as in section 341.42 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 144 v H 675 (Eff 3-19-93); 146 v S 150 (Eff 11-24-95); 147 v S 30 (Eff 5-6-98); 149 v S 115. Eff 3-19-2003; 150 v S 146, § 1, eff. 9-23-04.
 

Not analogous to former RC § 2909.01 (RS § 6863; S&S 56, 155, 162, 263, 284, 736; S&C 419, 420, 429, 430, 445, 446; 29 v 144; 43 v 92; 54 v 36; 54 v 99; 59 v 57; 60 v 20; 62 v 8; 62 v 72; 64 v 74; 64 v 128; 66 v 122; 66 v 341; 68 v 42; 68 v 87; 69 v 82; 70 v 215; 73 v 64; 73 v 94; 73 v 180; GC § 12477; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

Effect of Amendments

150 v S 146, effective September 23, 2004, added (E) through (G). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section supplies a definition of "occupied structure" for use not only in connection with the arson offenses, but also for use elsewhere in the new code, e.g., sections 2911.11 and 2911.12 (aggravated burglary and burglary). The definition's general concept is that the actual or likely presence of a person in a structure, regardless of the nature of the structure itself, creates a more serious risk of harm from commission of arson, burglary, and related offenses, and thus warrants more severe treatment of offenders. 

Under division (A) of the section, all dwellings are classed as occupied structures, regardless of the actual presence of any person. Whether or not the dwelling is used as a permanent or temporary home is immaterial, so long as it is maintained for that purpose. Thus the definition includes not only the mansion on Main Street, but also the summer cottage, and the tin shack in the hobo jungle. It does not include an abandoned dwelling. Division (B) complements division (A) by classing as occupied any structure which is actually being used as a dwelling, even though it is not maintained as such. 

Under division (C), all structures which at the time are specially adapted for overnight accommodation, are classed as occupied structures. This includes the tent set up for shelter and sleeping, the steamer which maintains passenger staterooms, and the cabin cruiser or houseboat which at the time is made up for sleeping accommodations. The tent camper rigged for an overnight stay is an occupied structure, but would not come under the definition when collapsed for travel. 

Division (D) classes as occupied all structures in which at the time any person is present or likely to be present. This includes the otherwise deserted warehouse in which a watchman is on the scene, and also includes the retail store which is open for business but which is momentarily empty because everyone has stepped out to watch a parade. In the first case, someone is actually present. In the second case, someone is likely to be present.