2006 Ohio Revised Code - 2921.13. Falsification; in theft offense; to purchase firearm; to obtain concealed handgun license.

§ 2921.13. Falsification; in theft offense; to purchase firearm; to obtain concealed handgun license.
 

(A)  No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies: 

(1) The statement is made in any official proceeding. 

(2) The statement is made with purpose to incriminate another. 

(3) The statement is made with purpose to mislead a public official in performing the public official's official function. 

(4) The statement is made with purpose to secure the payment of unemployment compensation; Ohio works first; prevention, retention, and contingency benefits and services; disability financial assistance; retirement benefits; economic development assistance, as defined in section 9.66 of the Revised Code; or other benefits administered by a governmental agency or paid out of a public treasury. 

(5) The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement. 

(6) The statement is sworn or affirmed before a notary public or another person empowered to administer oaths. 

(7) The statement is in writing on or in connection with a report or return that is required or authorized by law. 

(8) The statement is in writing and is made with purpose to induce another to extend credit to or employ the offender, to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom the statement is directed relies upon it to that person's detriment. 

(9) The statement is made with purpose to commit or facilitate the commission of a theft offense. 

(10) The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report. 

(11) The statement is made on an account, form, record, stamp, label, or other writing that is required by law. 

(12) The statement is made in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, and in conjunction with the furnishing to the seller of the firearm of a fictitious or altered driver's or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity. 

(13) The statement is made in a document or instrument of writing that purports to be a judgment, lien, or claim of indebtedness and is filed or recorded with the secretary of state, a county recorder, or the clerk of a court of record. 

(14) The statement is made with purpose to obtain an Ohio's best Rx program enrollment card under section 5110.09 of the Revised Code or a payment from the department of job and family services under section 5110.17 of the Revised Code. 

(15) The statement is made in an application filed with a county sheriff pursuant to section 2923.125 [2923.12.5] of the Revised Code in order to obtain or renew a license to carry a concealed handgun or is made in an affidavit submitted to a county sheriff to obtain a temporary emergency license to carry a concealed handgun under section 2923.1213 [2923.12.13] of the Revised Code. 

(16) The statement is required under section 5743.72 of the Revised Code in connection with the person's purchase of cigarettes or tobacco products in a delivery sale. 

(B)  No person, in connection with the purchase of a firearm, as defined in section 2923.11 of the Revised Code, shall knowingly furnish to the seller of the firearm a fictitious or altered driver's or commercial driver's license or permit, a fictitious or altered identification card, or any other document that contains false information about the purchaser's identity. 

(C)  No person, in an attempt to obtain a license to carry a concealed handgun under section 2923.125 [2923.12.5] of the Revised Code, shall knowingly present to a sheriff a fictitious or altered document that purports to be certification of the person's competence in handling a handgun as described in division (B)(3) of section 2923.125 [2923.12.5] of the Revised Code. 

(D)  It is no defense to a charge under division (A)(6) of this section that the oath or affirmation was administered or taken in an irregular manner. 

(E)  If contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false but only that one or the other was false. 

(F) (1)  Whoever violates division (A)(1), (2), (3), (4), (5), (6), (7), (8), (10), (11), (13), (14), or (16) of this section is guilty of falsification, a misdemeanor of the first degree. 

(2) Whoever violates division (A)(9) of this section is guilty of falsification in a theft offense. Except as otherwise provided in this division, falsification in a theft offense is a misdemeanor of the first degree. If the value of the property or services stolen is five hundred dollars or more and is less than five thousand dollars, falsification in a theft offense is a felony of the fifth degree. If the value of the property or services stolen is five thousand dollars or more and is less than one hundred thousand dollars, falsification in a theft offense is a felony of the fourth degree. If the value of the property or services stolen is one hundred thousand dollars or more, falsification in a theft offense is a felony of the third degree. 

(3) Whoever violates division (A)(12) or (B) of this section is guilty of falsification to purchase a firearm, a felony of the fifth degree. 

(4) Whoever violates division (A)(15) or (C) of this section is guilty of falsification to obtain a concealed handgun license, a felony of the fourth degree. 

(G)  A person who violates this section is liable in a civil action to any person harmed by the violation for injury, death, or loss to person or property incurred as a result of the commission of the offense and for reasonable attorney's fees, court costs, and other expenses incurred as a result of prosecuting the civil action commenced under this division. A civil action under this division is not the exclusive remedy of a person who incurs injury, death, or loss to person or property as a result of a violation of this section. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 136 v S 545 (Eff 1-17-77); 140 v H 632 (Eff 3-28-85); 141 v H 340 (Eff 5-20-86); 142 v H 708 (Eff 4-19-88); 143 v S 46 (Eff 1-1-90); 143 v H 347 (Eff 7-18-90); 143 v S 3 (Eff 4-11-91); 144 v H 298 (Eff 7-26-91); 145 v H 152 (Eff 7-1-93); 145 v H 107 (Eff 10-20-93); 146 v H 249 (Eff 7-17-95); 146 v H 4 (Eff 11-9-95); 146 v S 46 (Eff 11-15-95); 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 146 v H 644 (Eff 11-6-96); 147 v H 408 (Eff 10-1-97); 149 v H 94. Eff 9-5-2001; 150 v H 95, § 1, eff. 6-26-03; 150 v H 311, § 1, eff. 12-18-03; 150 v H 12, § 1, eff. 4-8-04; 151 v H 66, § 101.01, eff. 6-30-05.
 

The effective date is set by § 612.21 of 151 v H 66. 

151 v H 66, effective June 30, 2005, added (A)(16); corrected internal references in (F); and made minor stylistic changes. 

See provisions of H.B. 12 (150 v  - ) following RC § 2911.21. 

 

Effect of Amendments

H.B. 12, Acts 2004, effective April 8, 2004, added (A)(14), renumbered to (15) in H66; inserted (C) and redesignated the remaining subsections accordingly; substituted "(A)(6)" for "(A)(4)" in present (D); and added (F)(4). 

H.B. 311, Acts 2003, effective December 18, 2003, added (A)(14); and substituted "(13), or (14)" for "or (13)" in (E)(1) (now (F)(1)). 

H.B. 95, Acts 2003, effective June 26, 2003, inserted "financial" in (A)(4).