US Laws, Codes, Statutes & Cases

§ 2913.41. Defrauding a livery or hostelry.
 

In a prosecution of a person for a theft offense that alleges that the person, with purpose to defraud or knowing that the person was facilitating a fraud, hired or rented an aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, kept or operated any of the same that has been hired or rented, or engaged accommodations at a hotel, motel, inn, campground, or other hostelry, it is prima-facie evidence of purpose to defraud if the person did any of the following: 

(A) Used deception to induce the rental agency to furnish the person with the aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or used deception to induce the hostelry to furnish the person with accommodations; 

(B) Hired or rented any aircraft, motor vehicle, motorcycle, motorboat, sailboat, camper, trailer, horse, buggy, or other property or equipment, or engaged accommodations, knowing the person was without sufficient means to pay the hire or rental; 

(C) Absconded without paying the hire or rental; 

(D) Knowingly failed to pay the hire or rental as required by the contract of hire or rental, without reasonable excuse for such failure; 

(E) Knowingly failed to return hired or rented property as required by the contract of hire or rental, without reasonable excuse for the failure. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2 (Eff 7-1-96); 148 v H 263. Eff 4-10-2001.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section embodies two older statutes dealing with defrauding garages, liveries, and hotels, and also part of a recent enactment dealing with fraudulently hiring motor vehicles. See, former sections 2911.13, 2911.14, and 4549.04(C). The section expands somewhat upon these former statutes, to include within its purview airplanes and other modern vehicles as well as motels and campgrounds. 

Since a purpose to defraud is often difficult to prove with respect to the hire of a vehicle or of accommodations, the section specifies a series of acts which give rise to a presumption of purpose to defraud. Each is drawn so that fraud may fairly be inferred from the conduct specified. 

Defrauding a livery or hostelry is a misdemeanor of the first degree. If the offender has a prior theft offense conviction, violation of the section is a felony of the fourth degree.