2006 Ohio Revised Code - 2909.06. Criminal damaging or endangering.

§ 2909.06. Criminal damaging or endangering.
 

(A)  No person shall cause, or create a substantial risk of physical harm to any property of another without the other person's consent: 

(1) Knowingly, by any means; 

(2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance. 

(B)  Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person, criminal damaging or endangering is a felony of the fifth degree. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal damaging or endangering is a felony of the fourth degree. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 140 v H 570 (Eff 3-28-85); 146 v S 2. Eff 7-1-96.
 

Not analogous to former RC § 2909.06 (GC § 12480-1; 102 v 297; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 6 of SB 2. 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

The first part of this section prohibits knowingly damaging or endangering the property of another without his consent, and by any means. This covers a broad range of conduct, and is designed in part as a lesser included offense to the more serious forms of property damage offenses. 

The second part of the section forbids the reckless use of specially dangerous agencies or substances, so as to damage or endanger another's property without his consent. For example, recklessly burning trash too close to a neighbor's ripe wheat would constitute an offense under this section if the wheat catches fire. A farm pond dam improperly maintained in the perverse disregard of the risk it will give way in a heavy rain, would amount to a violation if the dam bursts and floods an unfortunate neighbor's property. Also, igniting a cherry bomb and tossing it into a mailbox or amongst a herd of cattle would be an offense if the mailbox is shattered or the cattle panic and injure themselves. 

Criminal damaging or endangering is a misdemeanor of the second degree. If violation creates a risk of harm to any person, the offense is a misdemeanor of the first degree. 

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