2006 Ohio Revised Code - 2909.11. Determining property value or amount of physical harm.

§ 2909.11. Determining property value or amount of physical harm.
 

(A)  When a person is charged with a violation of division (A)(1) of section 2909.03 of the Revised Code involving property value or an amount of physical harm of five hundred dollars or more or with a violation of section 2909.05 of the Revised Code involving property value or an amount of physical harm of five hundred dollars or more, the jury or court trying the accused shall determine the value of the property or amount of physical harm and, if a guilty verdict is returned, shall return the finding as part of the verdict. In any such case, it is unnecessary to find or return the exact value or amount of physical harm, section 2945.75 of the Revised Code applies, and it is sufficient if either of the following applies, as appropriate, relative to the finding and return of the value or amount of physical harm: 

(1) If the finding and return relate to a violation of division (A)(1) of section 2909.03 of the Revised Code and are that the value or amount of the physical harm was five hundred dollars or more, the finding and return shall include a statement that the value or amount was five hundred dollars or more. 

(2) If the finding and return relate to a violation of division sectionÅ 2909.05 of the Revised Code and are that the value or amount of the physical harm was in any of the following categories, the finding and return shall include one of the following statements, as appropriate: 

(a) If the finding and return are that the value or amount was one hundred thousand dollars or more, a statement that the value or amount was one hundred thousand dollars or more; 

(b) If the finding and return are that the value or amount was five thousand dollars or more but less than one hundred thousand dollars a statement that the value or amount was five thousand dollars or more but less than one hundred thousand dollars; 

(c) If the finding and return are that the value or amount was five hundred dollars or more but less than five thousand dollars, a statement that the value or amount was five hundred dollars or more but less than five thousand dollars. 

(B)  The following criteria shall be used in determining the value of property or amount of physical harm involved in a violation of division (A)(1) of section 2909.03 or section 2909.05 of the Revised Code: 

(1) If the property is an heirloom, memento, collector's item, antique, museum piece, manuscript, document, record, or other thing that is either irreplaceable or is replaceable only on the expenditure of substantial time, effort, or money, the value of the property or the amount of physical harm involved is the amount that would compensate the owner for its loss. 

(2) If the property is not covered under division (B)(1) of this section and the physical harm is such that the property can be restored substantially to its former condition, the amount of physical harm involved is the reasonable cost of restoring the property. 

(3) If the property is not covered under division (B)(1) of this section and the physical harm is such that the property cannot be restored substantially to its former condition, the value of the property, in the case of personal property, is the cost of replacing the property with new property of like kind and quality, and, in the case of real property or real property fixtures, is the difference in the fair market value of the property immediately before and immediately after the offense. 

(C)  As used in this section, "fair market value" has the same meaning as in section 2913.61 of the Revised Code. 

(D)  Prima-facie evidence of the value of property, as provided in division (E) of section 2913.61 of the Revised Code, may be used to establish the value of property pursuant to this section. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 137 v H 741 (Eff 10-9-78); 138 v H 618 (Eff 7-31-80); 139 v S 199 (Eff 1-5-83); 139 v H 269 (Eff 1-5-83); 144 v H 675 (Eff 3-19-93); 146 v S 2. Eff 7-1-96.
 

Å So in enrolled bill, division (A)(2). 
 

Not analogous to former RC § 2909.11 (RS § 6879; S&C 336, 433, 1313; S&S 665; 29 v 144; 36 v 104; 65 v 14; GC § 12489; 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

This section specifies rules for determining the value of property involved or the amount of harm done to property in violation of the arson or vandalism statutes, when this element either affects the degree of the offense, or determines whether there is an offense at all. In such cases, the jury must find value or amount of damage and return the finding as part of the verdict. 

It is necessary in such cases only that the jury find and return that the value or damage was under $150 or was $150 or more. A determination of exact amount is not required, and this represents a return to the simpler common law procedure in cases where value was an element. The rationale for this is that the purpose of a criminal prosecution is not to determine an award of damages, but to determine whether the amount of harm done falls above or below a specific point for penalty purposes. 

The section specifies four different criteria for determining the value of property or the amount of damage done. In each case, the criteria are designed to peg the seriousness of arson and vandalism as closely as possible to the actual loss incurred by the owner of the property as a result of the offense. In the case of heirlooms and other irreplaceable property, intrinsic worth to the owner is the standard to be used. In the case of property which can be repaired or restored, the reasonable cost of repair or restoration is the criterion. On the theory that in the usual case the owner of personal property which can't be repaired must either buy a new replacement or do without, the value of the damaged property is the cost of replacing it with new property of like kind and quality. Replacement cost is also used in such cases partly because of the practical difficulties in making reliable appraisals of personalty. When real property cannot be repaired or restored, the value or damage is the difference between the fair market values of the property immediately before and immediately after the offense. Fair market value is used instead of replacement cost partly because real property appraisal is subject to a fairly definite set of principles, and because extrinsic factors such as location and utility enter into real property values. Also, if a structure is destroyed, the land nevertheless remains, and the land makes up part of the value. 

The section also incorporates by reference the criteria for determining the value of specific kinds of property, such as securities, found in new section 2913.61 of the Revised Code, in the chapter on theft offenses.