(A) When a person is charged with a violation of division (A)(1) or (B)(1) of section 2909.03 of the Revised Code involving property value or an amount of physical harm of one thousand 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 one thousand 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) or (B)(1) of section 2909.03 of the Revised Code and are that the value or amount of the physical harm was one thousand dollars or more, the finding and return shall include a statement that the value or amount was one thousand dollars or more.
(2) If the finding and return relate to a violation of section 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 fifty thousand dollars or more, a statement that the value or amount was one hundred fifty thousand dollars or more;
(b) If the finding and return are that the value or amount was seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars a statement that the value or amount was seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars;
(c) If the finding and return are that the value or amount was one thousand dollars or more but less than seven thousand five hundred dollars, a statement that the value or amount was one thousand dollars or more but less than seven thousand five hundred 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) or (B)(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.
Notes of Decisions
Cited in 14
cases (5 in the last 5 years), 1990–2026 · leading case: State v. Fabian, 2026 Ohio 1788 (Ohio Ct. App. 2026).
State v. Fabian, 2026 Ohio 1788 (Ohio Ct. App. 2026). · cites it 12ד“The staff notes to R.C. 2909.11 state that the determination of the value of the loss need not be precise because the purpose of the value of the incurred damage is not to award damages, but to ascertain the extent of the crime and the appropriate degree of felony that…”
State v. Baker, 2016 Ohio 315 (Ohio Ct. App. 2016). · cites it 3דThe testimony of Kerr and Hawkins constitutes sufficient evidence from which a reasonable jury could find, beyond reasonable doubt, that Baker caused damage in excess of $1,000, which is sufficient to convict Baker of Vandalism.”
State v. Parks, 2024 Ohio 5026 (Ohio Ct. App. 2024). · cites it 4ד{¶ 41} Under R.C. 2909.11(A), “When a person is charged with a violation of division (A)(1) or (B)(1) of section 2909.”
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). · cites it 5ד03 of the Revised Code involving property value or an amount of physical harm of one thousand 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…”
Commonwealth v. Deberry, 804 N.E.2d 911 (Mass. 2004). “100 (West 1999) (“damages property to an extent exceeding seven hundred and fifty dollars”); Ohio Rev. Code Ann. § 2909.11 (West 1997) (“property value or an amount of physical harm”).”
State v. Stubbs, 2024 Ohio 839 (Ohio Ct. App. 2024). · cites it 2דR.C. 2909.11(A) provides, “When a person is charged * * * with a violation of section 2909.”
State v. Taylor, 2013 Ohio 5751 (Ohio Ct. App. 2013). “{¶47} For vandalism, the parties agreed that R.C. 2909.11(B)(3) controlled the valuation: (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.”
State v. Bowman, 2023 Ohio 2818 (Ohio Ct. App. 2023). · cites it 10דInstead, the jury should find that the value or amount falls within the specific ranges that are tied to different felony degrees (here, $7,500 or more but less than $150,000).”
State v. Wampler, 2014 Ohio 37 (Ohio Ct. App. 2014). · cites it 3ד{¶56} R.C. 2909.11 sets forth the criteria to use in evaluating whether the amount of physical harm is at least $1,000.”
State v. Garner, 2020 Ohio 4234 (Ohio Ct. App. 2020). · cites it 2דR.C. 2909.11(A) provides that a jury need only find that the amount of damage was greater than $1,000, as required by R.”
State v. Tate, 2020 Ohio 3721 (Ohio Ct. App. 2020). · cites it 2דR.C. 2909.11 outlines the method for determination of property value or amount of physical harm for several crimes, including vandalism.”
State v. Nero, 2 Ohio App. Unrep. 171 (Ohio Ct. App. 1990). · cites it 2דAppellant argues that since the state failed to cite a specific subsection and the jury failed to state an express determination of value as provided by R.C. 2909.11(A), appellant only may be sentenced for a first degree misdemeanor.”
State v. Fabian, 2026 Ohio 1788 (Ohio Ct. App. 2026). ““The staff notes to R.C. 2909.11 state that the determination of the value of the loss need not be precise because the purpose of the value of the incurred damage is not to award damages, but to ascertain the extent of the crime and the appropriate degree of felony that…”
State v. Parks, 2024 Ohio 5026 (Ohio Ct. App. 2024). “{¶ 41} Under R.C. 2909.11(A), “When a person is charged with a violation of division (A)(1) or (B)(1) of section 2909.”
State v. Baker, 2016 Ohio 315 (Ohio Ct. App. 2016). “The testimony of Kerr and Hawkins constitutes sufficient evidence from which a reasonable jury could find, beyond reasonable doubt, that Baker caused damage in excess of $1,000, which is sufficient to convict Baker of Vandalism.”
State v. Stubbs, 2024 Ohio 839 (Ohio Ct. App. 2024). “R.C. 2909.11(A) provides, “When a person is charged * * * with a violation of section 2909.”
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). “03 of the Revised Code involving property value or an amount of physical harm of one thousand 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…”
— Ohio Rev. Code § 2909.11(A)(1) — 3 cases
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). “03 of the Revised Code involving property value or an amount of physical harm of one thousand 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…”
State v. Tate, 2020 Ohio 3721 (Ohio Ct. App. 2020). “R.C. 2909.11 outlines the method for determination of property value or amount of physical harm for several crimes, including vandalism.”
— Ohio Rev. Code § 2909.11(A)(2)(b) — 1 case
State v. Bowman, 2023 Ohio 2818 (Ohio Ct. App. 2023). “Instead, the jury should find that the value or amount falls within the specific ranges that are tied to different felony degrees (here, $7,500 or more but less than $150,000).”
— Ohio Rev. Code § 2909.11(B) — 3 cases
State v. Baker, 2016 Ohio 315 (Ohio Ct. App. 2016). “The testimony of Kerr and Hawkins constitutes sufficient evidence from which a reasonable jury could find, beyond reasonable doubt, that Baker caused damage in excess of $1,000, which is sufficient to convict Baker of Vandalism.”
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). “03 of the Revised Code involving property value or an amount of physical harm of one thousand 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…”
State v. Garner, 2020 Ohio 4234 (Ohio Ct. App. 2020). “R.C. 2909.11(A) provides that a jury need only find that the amount of damage was greater than $1,000, as required by R.”
— Ohio Rev. Code § 2909.11(B)(1) — 2 cases
State v. Fabian, 2026 Ohio 1788 (Ohio Ct. App. 2026). ““The staff notes to R.C. 2909.11 state that the determination of the value of the loss need not be precise because the purpose of the value of the incurred damage is not to award damages, but to ascertain the extent of the crime and the appropriate degree of felony that…”
State v. Parks, 2024 Ohio 5026 (Ohio Ct. App. 2024). “{¶ 41} Under R.C. 2909.11(A), “When a person is charged with a violation of division (A)(1) or (B)(1) of section 2909.”
— Ohio Rev. Code § 2909.11(B)(2) — 5 cases
State v. Fabian, 2026 Ohio 1788 (Ohio Ct. App. 2026). ““The staff notes to R.C. 2909.11 state that the determination of the value of the loss need not be precise because the purpose of the value of the incurred damage is not to award damages, but to ascertain the extent of the crime and the appropriate degree of felony that…”
State v. Parks, 2024 Ohio 5026 (Ohio Ct. App. 2024). “{¶ 41} Under R.C. 2909.11(A), “When a person is charged with a violation of division (A)(1) or (B)(1) of section 2909.”
State v. Bates, 2013 Ohio 3565 (Ohio Ct. App. 2013). “03 of the Revised Code involving property value or an amount of physical harm of one thousand 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…”
State v. Stubbs, 2024 Ohio 839 (Ohio Ct. App. 2024). “R.C. 2909.11(A) provides, “When a person is charged * * * with a violation of section 2909.”
State v. Bowman, 2023 Ohio 2818 (Ohio Ct. App. 2023). “Instead, the jury should find that the value or amount falls within the specific ranges that are tied to different felony degrees (here, $7,500 or more but less than $150,000).”
— Ohio Rev. Code § 2909.11(B)(3) — 3 cases
State v. Taylor, 2013 Ohio 5751 (Ohio Ct. App. 2013). “{¶47} For vandalism, the parties agreed that R.C. 2909.11(B)(3) controlled the valuation: (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.”
State v. Wampler, 2014 Ohio 37 (Ohio Ct. App. 2014). “{¶56} R.C. 2909.11 sets forth the criteria to use in evaluating whether the amount of physical harm is at least $1,000.”
State v. Bowman, 2023 Ohio 2818 (Ohio Ct. App. 2023). “Instead, the jury should find that the value or amount falls within the specific ranges that are tied to different felony degrees (here, $7,500 or more but less than $150,000).”
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