Ohio Rev. Code » Chapter 2913
Ohio Revised Code

Ohio Rev. Code § 2913.04 (2026)

Unauthorized use of property - computer, cable, or telecommunication property

✓ current as of May 2026
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Effective:
March 23, 2018
Latest Legislation:
Senate Bill 33 - 132nd General Assembly
PDF:
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(A) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.

(B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent.

(C) E xcept as permitted under section 5503.101 of the Revised Code, no person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to section 5503.10 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the chair of the law enforcement automated data system steering committee.

(D) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the Ohio law enforcement gateway established and operated pursuant to division (C)(1) of section 109.57 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the superintendent of the bureau of criminal identification and investigation.

(E) The affirmative defenses contained in division (C) of section 2913.03 of the Revised Code are affirmative defenses to a charge under this section.

(F)(1) Whoever violates division (A) of this section is guilty of unauthorized use of property.

(2) Except as otherwise provided in division (F)(3) or (4) of this section, unauthorized use of property is a misdemeanor of the fourth degree.

(3) Except as otherwise provided in division (F)(4) of this section, if unauthorized use of property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, unauthorized use of property is whichever of the following is applicable:

(a) Except as otherwise provided in division (F)(3)(b), (c), or (d) of this section, a misdemeanor of the first degree.

(b) If the value of the property or services or the loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fifth degree.

(c) If the value of the property or services or the loss to the victim is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, a felony of the fourth degree.

(d) If the value of the property or services or the loss to the victim is one hundred fifty thousand dollars or more, a felony of the third degree.

(4) If the victim of the offense is an elderly person or disabled adult, unauthorized use of property is whichever of the following is applicable:

(a) Except as otherwise provided in division (F)(4)(b), (c), or (d) of this section, a felony of the fifth degree;

(b) If the value of the property or services or loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fourth degree;

(c) If the value of the property or services or loss to the victim is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, a felony of the third degree;

(d) If the value of the property or services or loss to the victim is thirty-seven thousand five hundred dollars or more, a felony of the second degree.

(G)(1) Whoever violates division (B) of this section is guilty of unauthorized use of computer, cable, or telecommunication property, and shall be punished as provided in division (G)(2), (3), or (4) of this section.

(2) Except as otherwise provided in division (G)(3) or (4) of this section, unauthorized use of computer, cable, or telecommunication property is a felony of the fifth degree.

(3) Except as otherwise provided in division (G)(4) of this section, if unauthorized use of computer, cable, or telecommunication property is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services, for obtaining money, property, or services by false or fraudulent pretenses, or for committing any other criminal offense, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable:

(a) Except as otherwise provided in division (G)(3)(b) of this section, if the value of the property or services involved or the loss to the victim is seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, a felony of the fourth degree;

(b) If the value of the property or services involved or the loss to the victim is one hundred fifty thousand dollars or more, a felony of the third degree.

(4) If the victim of the offense is an elderly person or disabled adult, unauthorized use of computer, cable, or telecommunication property is whichever of the following is applicable:

(a) Except as otherwise provided in division (G)(4)(b), (c), or (d) of this section, a felony of the fifth degree;

(b) If the value of the property or services or loss to the victim is one thousand dollars or more and is less than seven thousand five hundred dollars, a felony of the fourth degree;

(c) If the value of the property or services or loss to the victim is seven thousand five hundred dollars or more and is less than thirty-seven thousand five hundred dollars, a felony of the third degree;

(d) If the value of the property or services or loss to the victim is thirty-seven thousand five hundred dollars or more, a felony of the second degree.

(H) Whoever violates division (C) of this section is guilty of unauthorized use of the law enforcement automated database system, a felony of the fifth degree.

(I) Whoever violates division (D) of this section is guilty of unauthorized use of the Ohio law enforcement gateway, a felony of the fifth degree.

(J) As used in this section:

(1) "Cable operator" means any person or group of persons that does either of the following:

(a) Provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system;

(b) Otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system.

(2) "Cable service" means any of the following:

(a) The one-way transmission to subscribers of video programming or of information that a cable operator makes available to all subscribers generally;

(b) Subscriber interaction, if any, that is required for the selection or use of video programming or of information that a cable operator makes available to all subscribers generally, both as described in division (J)(2)(a) of this section;

(c) Any cable television service.

(3) "Cable system" means any facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. "Cable system" does not include any of the following:

(a) Any facility that serves only to retransmit the television signals of one or more television broadcast stations;

(b) Any facility that serves subscribers without using any public right-of-way;

(c) Any facility of a common carrier that, under 47 U.S.C.A. 522(7)(c), is excluded from the term "cable system" as defined in 47 U.S.C.A. 522(7);

(d) Any open video system that complies with 47 U.S.C.A. 573;

(e) Any facility of any electric utility used solely for operating its electric utility system.
Notes of Decisions
Cited in 71 cases (25 in the last 5 years), 1986–2025 · leading case: Jacobson v. Kaforey (Slip Opinion), 2016 Ohio 8434 (Ohio 2016).
Sort: Relevance Newest Treatment
Jacobson v. Kaforey (Slip Opinion), 2016 Ohio 8434 (Ohio 2016). · cites it 6× “62(B)(1) (“An owner or operator of a cable service, cable system, cable television system, or other similar closed circuit coaxial cable communications system who is aggrieved by conduct that is prohibited by division (B) of section 2913.04 [unauthorized use of computer, cable,…”
State v. Hudson, 2018 Ohio 423 (Ohio Ct. App. 2018). · cites it 8× “, Lucy's couch), in violation of R.C. 2913.04. R.C. 2913.04(A) provides: "No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.”
Lazette v. Kulmatycki, 949 F. Supp. 2d 748 (N.D. Ohio 2013). · cites it 9× “Claim Under O.R.C. § 2913.04 Plaintiff asserts a claim under O.”
Key Realty, Ltd. v. Hall, 2021 Ohio 1868 (Ohio Ct. App. 2021). · cites it 8× “Unauthorized Use of Computer Property (against all appellees) {¶ 102} Under R.C. 2913.04 (A), “[n]o person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give 47.”
State v. Harrison, 2009 Ohio 3547 (Ohio 2009). · cites it 4× “31(A), a misdemeanor of the second degree; Counts Two, Three, and Four alleged unauthorized use of a computer, computer system, or computer network, in violation of R.C. 2913.04(B), a felony of the fifth degree; Count Five alleged pandering obscenity involving a minor, in…”
Sollenberger v. Sollenberger, 173 F. Supp. 3d 608 (S.D. Ohio 2016). · cites it 4× “Here, Plaintiff Sollenberger has only alleged a violation of R.C. 2913.04 — a statute that could give rise to criminal liability — without identifying a corresponding civil cause of action.”
State v. Williamson, 2022 Ohio 185 (Ohio Ct. App. 2022). · cites it 3× “governed by R.C. 2913.04(C). Because the distinction has no bearing on our decision, we merely note that it exists.”
State v. Perry, 697 N.E.2d 624 (Ohio 1998). · cites it 3× “Thus, I would find that there are sufficient facts to find that Perry used the software in an unauthorized manner in violation of R.C. 2913.04. I would further find that a state charge under R.”
Key Realty, Ltd. v. Hall, 2021 Ohio 26 (Ohio Ct. App. 2021). · cites it 13× “01(K)(1) defines “theft offense” as including a violation of R.C. 2913.04. Having already determined that appellant failed to support its claim appellees violated R.”
United States v. Tyren Cervenak, 135 F.4th 311 (6th Cir. 2025). · cites it 2× “See Ohio Rev. Code Ann. § 2913.04 (B). Or maybe the defendant is accused of possessing a counterfeit telecommunications device with the purpose of using it criminally.”
State v. Lebron, 646 N.E.2d 481 (Ohio Ct. App. 1994). · cites it 4× “Defendant-appellant Sandra Lebrón appeals her conviction of one count of unauthorized access to a computer system (R.C. 2913.04). Appellant assigns the following errors for review: “I.”
Guest v. Leis, 255 F.3d 325 (6th Cir. 2001). “323), unauthorized use of property (Ohio Rev.Code § 2913.04), and possessing criminal tools (Ohio Rev.”
Show all 71 citing cases →
— Ohio Rev. Code § 2913.04(A) — 21 cases
State v. Hudson, 2018 Ohio 423 (Ohio Ct. App. 2018). “, Lucy's couch), in violation of R.C. 2913.04. R.C. 2913.04(A) provides: "No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.”
Key Realty, Ltd. v. Hall, 2021 Ohio 1868 (Ohio Ct. App. 2021). “Unauthorized Use of Computer Property (against all appellees) {¶ 102} Under R.C. 2913.04 (A), “[n]o person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give 47.”
State v. Perry, 697 N.E.2d 624 (Ohio 1998). “Thus, I would find that there are sufficient facts to find that Perry used the software in an unauthorized manner in violation of R.C. 2913.04. I would further find that a state charge under R.”
In Re K.B., 866 N.E.2d 66 (Ohio Ct. App. 2007).
Mahoning Cnty. Bar Ass'n v. Sciortino., 2018 Ohio 4961 (Ohio 2018).
— Ohio Rev. Code § 2913.04(B) — 25 cases
State v. Harrison, 2009 Ohio 3547 (Ohio 2009). “31(A), a misdemeanor of the second degree; Counts Two, Three, and Four alleged unauthorized use of a computer, computer system, or computer network, in violation of R.C. 2913.04(B), a felony of the fifth degree; Count Five alleged pandering obscenity involving a minor, in…”
Lazette v. Kulmatycki, 949 F. Supp. 2d 748 (N.D. Ohio 2013). “Claim Under O.R.C. § 2913.04 Plaintiff asserts a claim under O.”
Sollenberger v. Sollenberger, 173 F. Supp. 3d 608 (S.D. Ohio 2016). “Here, Plaintiff Sollenberger has only alleged a violation of R.C. 2913.04 — a statute that could give rise to criminal liability — without identifying a corresponding civil cause of action.”
Key Realty, Ltd. v. Hall, 2021 Ohio 1868 (Ohio Ct. App. 2021). “Unauthorized Use of Computer Property (against all appellees) {¶ 102} Under R.C. 2913.04 (A), “[n]o person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give 47.”
State v. Thorp, 2023 Ohio 3629 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2913.04(C) — 5 cases
State v. Williamson, 2022 Ohio 185 (Ohio Ct. App. 2022). “governed by R.C. 2913.04(C). Because the distinction has no bearing on our decision, we merely note that it exists.”
State v. Hayes, 2019 Ohio 257 (Ohio Ct. App. 2019).
State v. McDonald, 2017 Ohio 9250 (Ohio Ct. App. 2017).
Johnson v. Gallia Cnty. Commissioners (S.D. Ohio 2021).
Hunt v. City of Nelsonville Ohio (S.D. Ohio 2024).
— Ohio Rev. Code § 2913.04(D) — 10 cases
State v. Williamson, 2022 Ohio 185 (Ohio Ct. App. 2022). “governed by R.C. 2913.04(C). Because the distinction has no bearing on our decision, we merely note that it exists.”
State v. Korossy, 2017 Ohio 7275 (Ohio Ct. App. 2017).
State v. W.C., 2022 Ohio 3235 (Ohio Ct. App. 2022).
State v. Kimpel, 2018 Ohio 2246 (Ohio Ct. App. 2018).
White v. City of Cleveland (N.D. Ohio 2020).
— Ohio Rev. Code § 2913.04(E) — 5 cases
State v. Hudson, 2018 Ohio 423 (Ohio Ct. App. 2018). “, Lucy's couch), in violation of R.C. 2913.04. R.C. 2913.04(A) provides: "No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.”
Key Realty, Ltd. v. Hall, 2021 Ohio 1868 (Ohio Ct. App. 2021). “Unauthorized Use of Computer Property (against all appellees) {¶ 102} Under R.C. 2913.04 (A), “[n]o person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give 47.”
Key Realty, Ltd. v. Hall, 2021 Ohio 26 (Ohio Ct. App. 2021). “01(K)(1) defines “theft offense” as including a violation of R.C. 2913.04. Having already determined that appellant failed to support its claim appellees violated R.”
State v. Hayes, 2019 Ohio 257 (Ohio Ct. App. 2019).
Key Realty, Ltd. v. Hall, 2021 Ohio 1908 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2913.04(F) — 1 case
State v. Hudson, 2018 Ohio 423 (Ohio Ct. App. 2018). “, Lucy's couch), in violation of R.C. 2913.04. R.C. 2913.04(A) provides: "No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.”
— Ohio Rev. Code § 2913.04(F)(2) — 1 case
Millard v. Acct. Bd. of Ohio, 2017 Ohio 7677 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2913.04(F)(3) — 1 case
Millard v. Acct. Bd. of Ohio, 2017 Ohio 7677 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2913.04(F)(3)(a) — 1 case
Millard v. Acct. Bd. of Ohio, 2017 Ohio 7677 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2913.04(H) — 1 case
Johnson v. Gallia Cnty. Commissioners (S.D. Ohio 2021).
— Ohio Rev. Code § 2913.04(I) — 2 cases
White v. City of Cleveland (N.D. Ohio 2020).
Mahoning Cty. Bar Assn. v. Rauzan & Wagner (Slip Opinion), 2020 Ohio 355 (Ohio 2020).
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