2006 Ohio Revised Code - 2915.05. Cheating, corrupting sports.

§ 2915.05. Cheating, corrupting sports.
 

(A)  No person, with purpose to defraud or knowing that the person is facilitating a fraud, shall engage in conduct designed to corrupt the outcome of any of the following: 

(1) The subject of a bet; 

(2) A contest of knowledge, skill, or endurance that is not an athletic or sporting event; 

(3) A scheme or game of chance; 

(4) Bingo. 

(B)  No person shall knowingly do any of the following: 

(1) Offer, give, solicit, or accept anything of value to corrupt the outcome of an athletic or sporting event; 

(2) Engage in conduct designed to corrupt the outcome of an athletic or sporting event. 

(C) (1)  Whoever violates division (A) of this section is guilty of cheating. Except as otherwise provided in this division, cheating is a misdemeanor of the first degree. If the potential gain from the cheating is five hundred dollars or more or if the offender previously has been convicted of any gambling offense or of any theft offense, as defined in section 2913.01 of the Revised Code, cheating is a felony of the fifth degree. 

(2) Whoever violates division (B) of this section is guilty of corrupting sports. Corrupting sports is a felony of the fifth degree on a first offense and a felony of the fourth degree on each subsequent offense. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 139 v S 199 (Eff 1-1-83); 146 v S 2 (Eff 7-1-96); 149 v H 512. Eff 4-3-2003.
 

Not analogous to former RC § 2915.05 (RS § 6935; S&C 666; 29 v 442; GC § 13057; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section provides a specific offense of cheating on a wager, or in a contest, or in a scheme or game of chance. Although in a given case such conduct might have constituted larceny by trick or fraud, cheating as such was not covered under former law. 

The rationale for the section is that any bet, contest, or game should be honestly conducted, regardless of whether it occurs in connection with legal or illegal gambling. Thus, the bookie who transmits false odds information to his financial advantage, the weekend golfer who fudges on his strokes to relieve his foursome of their money, the casino operator who uses a rigged wheel to fleece his customers, the bridge partners who use illicit signals in international tournament play, the numbers operator who manipulates the combination of numbers which determines winners, the country club member who introduces marked cards into a gin game at a penny a point, and the ringer who uses shaved dice in a floating crap game - all are equally guilty of cheating under this section. 

Also, since cheating and theft share some common characteristics, cheating is treated much like theft for penalty purposes. 

Cheating is a misdemeanor of the first degree. If the potential gain from cheating is $150 or more, or if the offender has a prior conviction of either a gambling or a theft offense, then cheating is a felony of the fourth degree.