2006 Ohio Revised Code - 2923.24. Possessing criminal tools.
(A) No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.
(B) Each of the following constitutes prima-facie evidence of criminal purpose:
(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;
(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;
(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.
(C) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2. Eff 7-1-96.
Not analogous to former RC § 2923.24 (RS § 6928-1; 92 v 97; GC § 12779; Bureau of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.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 expands upon a former measure prohibiting the possession of burglar's tools, to include possession of all things intended for criminal use.
To aid enforcement, the section spells out the evidence establishing prima-facie violations involving items having a high liability for criminal use. Each prima-facie case is, of course, rebuttable, and is based on evidence from which a criminal purpose in possessing certain items can reasonably be inferred. Possession of dangerous ordnance, in the absence of circumstances indicating it is intended for legitimate use, is evidence of a violation. Possession alone of items designed or specially adapted for criminal use and having no legitimate purpose establishes a violation. Items which are commonly used for criminal purposes but which also have legitimate purposes, such as a wire pick, screwdriver, or pry bar, must be possessed under circumstances indicating a criminal purpose in order to establish a violation.
Possessing criminal tools is a felony of the fourth degree.
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