Ohio Rev. Code » Chapter 2913
Ohio Revised Code

Ohio Rev. Code § 2913.02 (2026)

Theft

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Effective:
October 6, 2026
Latest Legislation:
House Bill 210 - 136th General Assembly
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(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

(1) Without the consent of the owner or person authorized to give consent;

(2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

(3) By deception;

(4) By threat;

(5) By intimidation.

(B)(1) Whoever violates this section is guilty of theft.

(2) Except as otherwise provided in this division or division (B)(3), (4), (5), (6), (7), (8), (9), or (10) of this section, a violation of this section is misdemeanor theft, a misdemeanor of the first degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars or if the property stolen is any of the property listed in section 2913.71 of the Revised Code, a violation of this section is theft, a felony of the fifth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, or if the offender has been convicted of or pleaded guilty to a felony theft offense within the previous three years, a violation of this section is grand theft, a felony of the fourth degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more and is less than seven hundred fifty thousand dollars, or if the offender two or more times has been convicted of or pleaded guilty to a felony theft offense within the previous three years, a violation of this section is aggravated theft, a felony of the third degree. If the value of the property or services is seven hundred fifty thousand dollars or more and is less than one million five hundred thousand dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services stolen is one million five hundred thousand dollars or more, a violation of this section is aggravated theft of one million five hundred thousand dollars or more, a felony of the first degree.

(3) Except as otherwise provided in division (B)(4), (5), (6), (7), (8), (9), or (10) of this section, if the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, a violation of this section is theft from a person in a protected class, and division (B)(3) of this section applies. Except as otherwise provided in this division, theft from a person in a protected class is a felony of the fifth degree. If the value of the property or services stolen is one thousand dollars or more and is less than seven thousand five hundred dollars, or if the offender has been convicted of or pleaded guilty to a felony theft offense within the previous three years, theft from a person in a protected class is a felony of the fourth degree. If the value of the property or services stolen is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, or if the offender two or more times has been convicted of or pleaded guilty to a felony theft offense within the previous three years, theft from a person in a protected class is a felony of the third degree. If the value of the property or services stolen is thirty-seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, theft from a person in a protected class is a felony of the second degree. If the value of the property or services stolen is one hundred fifty thousand dollars or more, theft from a person in a protected class is a felony of the first degree. If the victim of the offense is an elderly person, in addition to any other penalty imposed for the offense, the offender shall be required to pay full restitution to the victim and to pay a fine of up to fifty thousand dollars. The clerk of court shall forward all fines collected under division (B)(3) of this section to the county department of job and family services to be used for the reporting and investigation of elder abuse, neglect, and exploitation or for the provision or arrangement of protective services under sections 5101.61 to 5101.71 of the Revised Code.

(4) If the property stolen is a firearm or dangerous ordnance, a violation of this section is grand theft. Except as otherwise provided in this division, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the third degree, and there is a presumption in favor of the court imposing a prison term for the offense. If the firearm or dangerous ordnance was stolen from a federally licensed firearms dealer, grand theft when the property stolen is a firearm or dangerous ordnance is a felony of the first degree. The offender shall serve a prison term imposed for grand theft when the property stolen is a firearm or dangerous ordnance consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.

(5) If the property stolen is a motor vehicle, a violation of this section is grand theft of a motor vehicle, a felony of the fourth degree.

(6) If the property stolen is any dangerous drug, a violation of this section is theft of drugs, a felony of the fourth degree, or, if the offender previously has been convicted of a felony drug abuse offense, a felony of the third degree.

(7) If the property stolen is a police dog or horse or an assistance dog and the offender knows or should know that the property stolen is a police dog or horse or an assistance dog, a violation of this section is theft of a police dog or horse or an assistance dog, a felony of the third degree.

(8) If the property stolen is anhydrous ammonia, a violation of this section is theft of anhydrous ammonia, a felony of the third degree.

(9) Except as provided in division (B)(2) of this section with respect to property with a value of seven thousand five hundred dollars or more and division (B)(3) of this section with respect to property with a value of one thousand dollars or more, if the property stolen is a special purchase article as defined in section 4737.04 of the Revised Code or is a bulk merchandise container as defined in section 4737.012 of the Revised Code, a violation of this section is theft of a special purchase article or articles or theft of a bulk merchandise container or containers, a felony of the fifth degree.

(10)(a) If the property stolen is a catalytic converter, a violation of this section is theft of a catalytic converter, a felony of the fifth degree.

(b) If the property stolen is a catalytic converter and the offender is a business entity, a violation of this section is enterprise theft of a catalytic converter and, pursuant to section 2929.31 of the Revised Code, is punishable by a fine of not more than seven thousand five hundred dollars per violation.

(c) The clerk of the court shall pay any fine imposed pursuant to division (B)(10) of this section to the county, township, municipal corporation, park district as created pursuant to section 511.18 or 1545.04 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for, or involved in, arresting and prosecuting the offender.

(d) As used in division (B)(10) of this section, "catalytic converter" has the same meaning as in section 4737.04 of the Revised Code.

(11) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by causing a motor vehicle to leave the premises of an establishment at which gasoline is offered for retail sale without the offender making full payment for gasoline that was dispensed into the fuel tank of the motor vehicle or into another container, the court may do one of the following:

(a) Unless division (B)(11)(b) of this section applies, suspend for not more than six months the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege;

(b) If the offender's driver's license, probationary driver's license, commercial driver's license, temporary instruction permit, or nonresident operating privilege has previously been suspended pursuant to division (B)(11)(a) of this section, impose a class seven suspension of the offender's license, permit, or privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code, provided that the suspension shall be for at least six months;

(c) The court, in lieu of suspending the offender's driver's or commercial driver's license, probationary driver's license, temporary instruction permit, or nonresident operating privilege pursuant to division (B)(11)(a) or (b) of this section, instead may require the offender to perform community service for a number of hours determined by the court.

(12) In addition to the penalties described in division (B)(2) of this section, if the offender committed the violation by stealing rented property or rental services, the court may order that the offender make restitution pursuant to section 2929.18 or 2929.28 of the Revised Code. Restitution may include, but is not limited to, the cost of repairing or replacing the stolen property, or the cost of repairing the stolen property and any loss of revenue resulting from deprivation of the property due to theft of rental services that is less than or equal to the actual value of the property at the time it was rented. Evidence of intent to commit theft of rented property or rental services shall be determined pursuant to the provisions of section 2913.72 of the Revised Code.

(C) The sentencing court that suspends an offender's license, permit, or nonresident operating privilege under division (B)(11) of this section may grant the offender limited driving privileges during the period of the suspension in accordance with Chapter 4510. of the Revised Code.

Last updated July 16, 2026 at 4:17 PM

Notes of Decisions
Cited in 2,327 cases (687 in the last 5 years), 1981–2026 · leading case: State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923.
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State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923. · cites it 10× “The “B” indictment charged aggravated theft by exerting control over the property beyond the scope of the victims’ consent, a violation of R.C. 2913.02(A)(2). Similarly, counts two and three of the August 2006 indictment charged Underwood with theft from his employer of more…”
State v. Taylor, 2014-Ohio-460, 5 N.E.3d 612. · cites it 18× “86”), effective September 30, 2011, which amended several sections of the criminal code to decrease the offense classifications, thereby reducing the penalty or punishment for some offenses, and among other changes made theft of property valued at less than $1,000 a first-degree…”
State v. Pettus, 2019-Ohio-2023. · cites it 18× “A plain reading of the statute, based on the legislature’s use of commas separating the clause concerning elderly persons or disabled adults that is emphasized above, clearly indicates that theft offenses under R.C. 2913.02 committed by an offender in the offender’s same…”
State v. Whitfield, 2010-Ohio-2, 922 N.E.2d 182. · cites it 6× “Although he had pleaded guilty to receiving stolen property, and the court had accepted that plea, he had not yet been sentenced when he was indicted for grand theft.”
State v. Pettus (Slip Opinion), 2020-Ohio-4836, 168 N.E.3d 406. · cites it 18× “61(C)(1) does not limit the aggregation 2 January Term, 2020 of theft offenses under R.C. 2913.02 to theft offenses involving victims who are elderly persons, disabled adults, or military persons.”
State v. Vitale, 645 N.E.2d 1277 (Ohio Ct. App. 8th Dist. 1994). · cites it 17× “Defendant-appellant Steven Vitale appeals from his conviction for theft (R.C. 2913.02) following a bench trial. This case arose out of a dispute over defendant’s failure to pay for car repairs which he claimed were not properly performed.”
State v. Dobbins, 2011-Ohio-6777. · cites it 38× “Clearly, the legislature enacted the embezzlement subsection to address situations where an employee with consent exceeds its scope.”
State v. Krutz, 502 N.E.2d 210 (Ohio 1986). · cites it 20× “41, theft in office, is a theft offense under R.C. 2913.02 subject to the requirement of R.”
State v. Delmonico, 2020-Ohio-3368. · cites it 19× “Additionally, if the victim of a theft offense delineated under R.C. 2913.02 is an elderly person, the theft constitutes theft from a person in a protected class.”
State v. Craig, 2021-Ohio-2790, 176 N.E.3d 395. · cites it 25× “1993), citing Committee Comment to R.C. 2913.02 (stating that R.C. 2913.02(A)(2) “was meant to cover cases of embezzlement, where a person with lawful possession of property exerts control over that property so as to 38.”
State v. Oliver, 2021-Ohio-2543, 176 N.E.3d 1054. · cites it 7× “{¶2} In February 2020 Oliver was charged by information with six counts of theft in violation of R.C. 2913.02(A)(2), a felony of the third degree.”
State v. Jones, 2022-Ohio-1169, 188 N.E.3d 280. · cites it 14× “02(A)(1), felonies of the fifth degree; one count of theft in violation of R.C. 2913.02, a felony of the fifth degree; and one count of theft in violation of R.”
Show all 2,327 citing cases →
Ohio Rev. Code § 2913.02(1): 1 case
State v. Jones, 2017-Ohio-288.
Ohio Rev. Code § 2913.02(3): 1 case
State v. Mattox, 2025-Ohio-239.
Ohio Rev. Code § 2913.02(A): 195 cases
State v. Tolliver (Slip Opinion), 2014-Ohio-3744, 19 N.E.3d 870.
State v. Craig, 2021-Ohio-2790, 176 N.E.3d 395. “1993), citing Committee Comment to R.C. 2913.02 (stating that R.C. 2913.02(A)(2) “was meant to cover cases of embezzlement, where a person with lawful possession of property exerts control over that property so as to 38.”
State v. Smith, 905 N.E.2d 151 (Ohio 2009).
State v. Roberts, 850 N.E.2d 1168 (Ohio 2006).
State v. Johnson, 2010-Ohio-6301, 128 Ohio St. 3d 107.
Ohio Rev. Code § 2913.02(A)(1): 1174 cases
State v. Jones, 2022-Ohio-1169, 188 N.E.3d 280. “02(A)(1), felonies of the fifth degree; one count of theft in violation of R.C. 2913.02, a felony of the fifth degree; and one count of theft in violation of R.”
State v. Foster, 845 N.E.2d 470 (Ohio 2006).
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018).
State v. Knuff, 2024-Ohio-902, 239 N.E.3d 259.
State v. Taflinger, 2018-Ohio-456.
Ohio Rev. Code § 2913.02(A)(1)(2): 2 cases
State v. Massien, 2010-Ohio-1864, 926 N.E.2d 1282.
State v. Handlin, 2022-Ohio-4647.
Ohio Rev. Code § 2913.02(A)(1)(2)(3): 1 case
State v. Young, 2013-Ohio-3418.
Ohio Rev. Code § 2913.02(A)(1)(4): 1 case
State v. Hooks, 2016-Ohio-5098.
Ohio Rev. Code § 2913.02(A)(1)(A)(3): 2 cases
State v. Allen, 2023-Ohio-3739.
State v. Chaney, 2023-Ohio-8, 205 N.E.3d 646.
Ohio Rev. Code § 2913.02(A)(1)(B): 2 cases
State v. Sturgill, 2016-Ohio-3117.
State v. Little, 2011-Ohio-4256.
Ohio Rev. Code § 2913.02(A)(1)(B)(1): 2 cases
State v. Chance, 2012-Ohio-1266.
State v. Tusin, 2011-Ohio-2629.
Ohio Rev. Code § 2913.02(A)(1)(B)(2): 13 cases
State v. Hayward, 2017-Ohio-8611.
State v. Dewey, 2021-Ohio-1005.
State v. Simons, 2013-Ohio-3654.
State v. Robinson, 2012-Ohio-4976.
State v. George, 2018-Ohio-4906.
Ohio Rev. Code § 2913.02(A)(1)(B)(3): 2 cases
State v. Stan, 2017-Ohio-7756.
State v. Ransdell, 2012-Ohio-3606.
Ohio Rev. Code § 2913.02(A)(1)(B)(4): 6 cases
State v. Ervin, 2015-Ohio-3688.
State v. Simons, 2013-Ohio-3654.
State v. Latronica, 2014-Ohio-3685.
State v. Crespo, 2024-Ohio-5192.
State v. Knezeak, 2019-Ohio-3056.
Ohio Rev. Code § 2913.02(A)(1)(B)(5): 3 cases
State v. Adams, 2016-Ohio-3119.
State v. Morlock, 2024-Ohio-429.
State v. Parker, 2025-Ohio-2632.
Ohio Rev. Code § 2913.02(A)(1)(B)(6): 5 cases
State v. George, 2018-Ohio-4906.
State v. Edwards, 2021-Ohio-1917.
State v. Ervin, 2015-Ohio-3688.
State v. Murton, 2017-Ohio-7949.
State v. Cavendish, 2011-Ohio-3481.
Ohio Rev. Code § 2913.02(A)(1)(C)(3): 1 case
State v. Couch, 2026-Ohio-609.
Ohio Rev. Code § 2913.02(A)(1)(b)(5): 1 case
State v. Thomas, 2015-Ohio-4932.
Ohio Rev. Code § 2913.02(A)(10): 1 case
State v. Vigilante, 2015-Ohio-4221.
Ohio Rev. Code § 2913.02(A)(2): 174 cases
State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923. “The “B” indictment charged aggravated theft by exerting control over the property beyond the scope of the victims’ consent, a violation of R.C. 2913.02(A)(2). Similarly, counts two and three of the August 2006 indictment charged Underwood with theft from his employer of more…”
State v. Oliver, 2021-Ohio-2543, 176 N.E.3d 1054. “{¶2} In February 2020 Oliver was charged by information with six counts of theft in violation of R.C. 2913.02(A)(2), a felony of the third degree.”
State v. Delmonico, 2020-Ohio-3368. “Additionally, if the victim of a theft offense delineated under R.C. 2913.02 is an elderly person, the theft constitutes theft from a person in a protected class.”
State v. Dobbins, 2011-Ohio-6777. “Clearly, the legislature enacted the embezzlement subsection to address situations where an employee with consent exceeds its scope.”
State v. Craig, 2021-Ohio-2790, 176 N.E.3d 395. “1993), citing Committee Comment to R.C. 2913.02 (stating that R.C. 2913.02(A)(2) “was meant to cover cases of embezzlement, where a person with lawful possession of property exerts control over that property so as to 38.”
Ohio Rev. Code § 2913.02(A)(2)(3): 1 case
State v. Lusher, 2012-Ohio-5526.
Ohio Rev. Code § 2913.02(A)(2)(B)(1): 2 cases
State v.Kocak, 2016-Ohio-8483.
State v. Ramey, 2018-Ohio-2202.
Ohio Rev. Code § 2913.02(A)(2)(B)(2): 2 cases
In re Haggard, 2009-Ohio-3821.
State v. Smith, 2009-Ohio-3154.
Ohio Rev. Code § 2913.02(A)(2)(B)(3): 1 case
State v. Kleinhans, 2015-Ohio-5007.
Ohio Rev. Code § 2913.02(A)(3): 303 cases
State v. Underwood, 2010-Ohio-1, 922 N.E.2d 923. “The “B” indictment charged aggravated theft by exerting control over the property beyond the scope of the victims’ consent, a violation of R.C. 2913.02(A)(2). Similarly, counts two and three of the August 2006 indictment charged Underwood with theft from his employer of more…”
State v. Messer, 2017-Ohio-1223.
State v. Mahone, 2014-Ohio-1251.
State v. Wenner, 2018-Ohio-2590, 114 N.E.3d 800.
State v. Senz, 2018-Ohio-628, 107 N.E.3d 685.
Ohio Rev. Code § 2913.02(A)(3)(B)(1): 2 cases
State v. Panezich, 2018-Ohio-2812.
Panezich v. Green, 2016-Ohio-7948.
Ohio Rev. Code § 2913.02(A)(3)(b): 1 case
State v. Boland, 768 N.E.2d 1250 (Ohio Ct. App. 7th Dist. 2002).
Ohio Rev. Code § 2913.02(A)(4): 36 cases
State v. Klein, 2013-Ohio-2387.
State v. Edwards, 2023-Ohio-2632, 222 N.E.3d 686.
State v. Goff, 694 N.E.2d 916 (Ohio 1998).
State v. Houston, 2014-Ohio-3111.
State v. McLoyd, 2023-Ohio-4306, 230 N.E.3d 524.
Ohio Rev. Code § 2913.02(A)(5): 10 cases
State v. Roulette, 2011-Ohio-6993.
State v. Winstead, 2015-Ohio-5391, 55 N.E.3d 477.
State v. Carter, 2024-Ohio-5193.
State v. Stinebaugh, 2024-Ohio-2677, 249 N.E.3d 241.
State v. Rader, 2018-Ohio-4367.
Ohio Rev. Code § 2913.02(A)(5)(B)(5): 1 case
State v. Carter, 2024-Ohio-5193.
Ohio Rev. Code § 2913.02(A)(B): 1 case
State v. Allen, 2018-Ohio-305.
Ohio Rev. Code § 2913.02(A)(i): 1 case
State v. Troche, 2013-Ohio-3110.
Ohio Rev. Code § 2913.02(A)(l): 7 cases
State v. McAbee, 2016-Ohio-8234.
State v. Flanagan, 2019-Ohio-4665.
State v. Layson, 2023-Ohio-105.
State v. Burns, 2026-Ohio-544.
State v. Carver, 2014-Ohio-3454.
Ohio Rev. Code § 2913.02(B): 62 cases
State v. Whitfield, 2010-Ohio-2, 922 N.E.2d 182. “Although he had pleaded guilty to receiving stolen property, and the court had accepted that plea, he had not yet been sentenced when he was indicted for grand theft.”
State v. Gwen, 2012-Ohio-5046, 982 N.E.2d 626.
State v. Powell, 571 N.E.2d 125 (Ohio 1991).
State v. Webb, 638 N.E.2d 1023 (Ohio 1994).
State v. Collier, 488 N.E.2d 887 (Ohio Ct. App. 3d Dist. 1984).
Ohio Rev. Code § 2913.02(B)(1): 2 cases
State v. Dickess, 884 N.E.2d 92 (Ohio Ct. App. 4th Dist. 2008).
State v. Knight, 2012-Ohio-5816.
Ohio Rev. Code § 2913.02(B)(1)(6): 1 case
State v. Mills, 2011-Ohio-377.
Ohio Rev. Code § 2913.02(B)(10): 1 case
State v. Latham, 2012-Ohio-2106.
Ohio Rev. Code § 2913.02(B)(11): 1 case
State v. Goldberg, 2023-Ohio-2633, 221 N.E.3d 1280.
Ohio Rev. Code § 2913.02(B)(2): 102 cases
State v. Edmondson, 750 N.E.2d 587 (Ohio 2001).
State v. Smith, 905 N.E.2d 151 (Ohio 2009).
State v. Sines-Riley, 2024-Ohio-2860, 248 N.E.3d 383.
State v. Simmons, 2017-Ohio-1348.
State v. Brentlinger, 2017-Ohio-2588, 90 N.E.3d 200.
Ohio Rev. Code § 2913.02(B)(3): 32 cases
State v. Barnthouse, 2019-Ohio-5209.
State v. Skapik, 2015-Ohio-4404.
State v. Delmonico, 2020-Ohio-3368. “Additionally, if the victim of a theft offense delineated under R.C. 2913.02 is an elderly person, the theft constitutes theft from a person in a protected class.”
State v. Smith, 2023-Ohio-598.
State v. Ford, 2012-Ohio-1327.
Ohio Rev. Code § 2913.02(B)(4): 15 cases
State v. Back, 2015-Ohio-4447.
State v. Johnson, 2016-Ohio-872.
State v. Skapik, 2015-Ohio-4404.
State v. Cook, 2024-Ohio-2966.
State v. Stodgel, 2013-Ohio-1109.
Ohio Rev. Code § 2913.02(B)(5): 19 cases
State v. Lalain, 2013-Ohio-3093, 994 N.E.2d 423.
State v. Penwell, 2017-Ohio-7465.
State v. Markins, 2013-Ohio-602.
State v. Welch, 2017-Ohio-7887.
State v. Proctor, 2013-Ohio-4577.
Ohio Rev. Code § 2913.02(B)(6): 5 cases
State v. Cozzone, 2018-Ohio-2249, 114 N.E.3d 601.
State v. Klein, 2013-Ohio-2387.
State v. Hill, 2019-Ohio-698.
State v. Ervin, 2015-Ohio-3688.
State v. Bowen, 2025-Ohio-2610.
Ohio Rev. Code § 2913.02(DD): 1 case
State v. Smith, 2025-Ohio-5127.
Ohio Rev. Code § 2913.02(a)(1): 2 cases
State v. Scurlock, 2017-Ohio-1219.
State v. Mosley, 849 N.E.2d 73 (Ohio Ct. App. 5th Dist. 2006).
Ohio Rev. Code § 2913.02(a)(3): 1 case
Disciplinary Couns. v. Peterson, 2012-Ohio-5719, 135 Ohio St. 3d 110.
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.