Ohio Rev. Code » Chapter 2913
Ohio Revised Code

Ohio Rev. Code § 2913.42 (2026)

Tampering with records

✓ current as of May 2026
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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
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(A) No person, knowing the person has no privilege to do so, and with purpose to defraud or knowing that the person is facilitating a fraud, shall do any of the following:

(1) Falsify, destroy, remove, conceal, alter, deface, or mutilate any writing, computer software, data, or record;

(2) Utter any writing or record, knowing it to have been tampered with as provided in division (A)(1) of this section.

(B)(1) Whoever violates this section is guilty of tampering with records.

(2) Except as provided in division (B)(4) of this section, if the offense does not involve data or computer software, tampering with records is whichever of the following is applicable:

(a) If division (B)(2)(b) of this section does not apply, a misdemeanor of the first degree;

(b) If the writing or record is a will unrevoked at the time of the offense, a felony of the fifth degree.

(3) Except as provided in division (B)(4) of this section, if the offense involves a violation of division (A) of this section involving data or computer software, tampering with records is whichever of the following is applicable:

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

(b) If the value of the data or computer software involved in the offense 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 data or computer software involved in the offense 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 data or computer software involved in the offense or the loss to the victim is one hundred fifty thousand dollars or more or if the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is seven thousand five hundred dollars or more, a felony of the third degree.

(4) If the writing, data, computer software, or record is kept by or belongs to a local, state, or federal governmental entity, a felony of the third degree.
Notes of Decisions
Cited in 216 cases (64 in the last 5 years), 1987–2026 · leading case: State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007).
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State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007). · cites it 8× “*424 {¶ 3} An Enviro-Test Systems employee, appellee, David Pelfrey, was arrested and charged by indictment with tampering with records, in violation of R.C. 2913.42, which requires an enhanced charge of third-degree felony when the defendant’s tampering involves government…”
State v. Brunning, 2012-Ohio-5752, 983 N.E.2d 316. · cites it 11× “{¶ 2} Further, we address the issue whether an offender who files an address-verification form with a sheriff under the mistaken belief that the form is required may be convicted of tampering with records pursuant to R.C. 2913.42 if the form contains false information that was…”
State v. Cook, 2010-Ohio-6305, 128 Ohio St. 3d 120. · cites it 10× “R.C. 2913.42 provides that, with an exception not relevant here, tampering with private records constitutes a misdemeanor while tampering with public records, i.”
State v. McDonald, 2013-Ohio-5042, 1 N.E.3d 374. · cites it 8× “Pelfrey was allegedly involved in a scheme in which, for cash, he would provide fraudulent waivers for vehicles that had actually failed an emissions test.”
State v. Heiney, 2018-Ohio-3408, 117 N.E.3d 1034. · cites it 6× “42(B)(4) ; see also 1974 Committee Comment to R.C. 2913.42 (noting that the statute "prohibits tampering with all private as well as public records, for fraudulent purposes, and thus expands upon former law which prohibited such conduct only with respect with public documents.”
State v. Haller, 2012-Ohio-5233. · cites it 4× “In Pelfrey, the defendant was charged with tampering with records in violation of R.C. 2913.42, with an enhanced charge to a third degree felony for tampering with government records pursuant to R.”
State v. Burns, 2011-Ohio-4230. · cites it 11× “02 (Theft and Fraud) and R.C. 2913.42 (Tampering with Records). R.”
State v. Sultaana, 2016-Ohio-199, 57 N.E.3d 433. · cites it 10× “Tampering With Records {¶32} In the second assignment of error, Sultaana argues there was insufficient evidence to sustain his tampering with records convictions because those charges were erroneously charged under R.C. 2913.42 instead of R.C. 4505.19, which prohibits the use of…”
Bradley v. Miller, 96 F. Supp. 3d 753 (S.D. Ohio 2015). · cites it 9× “” Ohio Rev.Code § 2913.42(A). Subsections (A)(1) clearly intends to prohibit acts such as the falsification, destruction, or concealing of any “writing” or “record” as a whole, and does not refer to the particular statements contained in the writing.”
State v. Infante, 2020-Ohio-992. · cites it 13× “3 THE CONVICTIONS OF TAMPERING WITH RECORDS, R.C. §2913.42. VIOLATE OHIO’S PROHIBITION OF THE USE OF GENERAL CRIMINAL LAW PROVISIONS OVER SPECIFIC STATUTORY PROVISIONS OF A LESSER DEGREE.”
State v. Mason, 2018-Ohio-3329, 118 N.E.3d 1057. · cites it 8× “However, appellant urges that Brunning , which involved a convicted sex offender filing an address-verification form with a county sheriff, does not address the issues raised herein.”
State v. Mays, 2024-Ohio-4616, 251 N.E.3d 41. · cites it 9× “In this case, therefore, Pelfrey can be convicted only of a misdemeanor offense, which is the least degree under R.C. 2913.42(B) of the offense of tampering with records.”
Show all 216 citing cases →
Ohio Rev. Code § 2913.42(A): 26 cases
Bradley v. Miller, 96 F. Supp. 3d 753 (S.D. Ohio 2015). “” Ohio Rev.Code § 2913.42(A). Subsections (A)(1) clearly intends to prohibit acts such as the falsification, destruction, or concealing of any “writing” or “record” as a whole, and does not refer to the particular statements contained in the writing.”
State v. Brunning, 2012-Ohio-5752, 983 N.E.2d 316. “{¶ 2} Further, we address the issue whether an offender who files an address-verification form with a sheriff under the mistaken belief that the form is required may be convicted of tampering with records pursuant to R.C. 2913.42 if the form contains false information that was…”
State v. Burns, 2011-Ohio-4230. “02 (Theft and Fraud) and R.C. 2913.42 (Tampering with Records). R.”
State v. Brunning, 2011-Ohio-1936.
State v. McKinney, 2019-Ohio-1118.
Ohio Rev. Code § 2913.42(A)(1): 107 cases
State v. Heiney, 2018-Ohio-3408, 117 N.E.3d 1034. “42(B)(4) ; see also 1974 Committee Comment to R.C. 2913.42 (noting that the statute "prohibits tampering with all private as well as public records, for fraudulent purposes, and thus expands upon former law which prohibited such conduct only with respect with public documents.”
State v. Cook, 2010-Ohio-6305, 128 Ohio St. 3d 120. “R.C. 2913.42 provides that, with an exception not relevant here, tampering with private records constitutes a misdemeanor while tampering with public records, i.”
State v. Mason, 2018-Ohio-3329, 118 N.E.3d 1057. “However, appellant urges that Brunning , which involved a convicted sex offender filing an address-verification form with a county sheriff, does not address the issues raised herein.”
State v. Sultaana, 2016-Ohio-199, 57 N.E.3d 433. “Tampering With Records {¶32} In the second assignment of error, Sultaana argues there was insufficient evidence to sustain his tampering with records convictions because those charges were erroneously charged under R.C. 2913.42 instead of R.C. 4505.19, which prohibits the use of…”
State v. Burns, 2011-Ohio-4230. “02 (Theft and Fraud) and R.C. 2913.42 (Tampering with Records). R.”
Ohio Rev. Code § 2913.42(A)(1)(2): 1 case
State v. Pannell, 2017-Ohio-4286, 92 N.E.3d 280.
Ohio Rev. Code § 2913.42(A)(1)(B)(3): 2 cases
State v. Burgess, 2013-Ohio-234.
State v. Burgess, 2013-Ohio-4691.
Ohio Rev. Code § 2913.42(A)(1)(B)(4): 5 cases
State v. McIntyre, 2016-Ohio-93.
State v. Agee, 2017-Ohio-8164, 98 N.E.3d 1272.
State v. Ziemba, 2012-Ohio-1717.
State v. McIntyre, 2012-Ohio-5657.
State v. Kovach, 2023-Ohio-1085.
Ohio Rev. Code § 2913.42(A)(2): 26 cases
State v. Ndao, 2017-Ohio-8422, 99 N.E.3d 1127.
State v. Burns, 2011-Ohio-4230. “02 (Theft and Fraud) and R.C. 2913.42 (Tampering with Records). R.”
Bradley v. Miller, 96 F. Supp. 3d 753 (S.D. Ohio 2015). “” Ohio Rev.Code § 2913.42(A). Subsections (A)(1) clearly intends to prohibit acts such as the falsification, destruction, or concealing of any “writing” or “record” as a whole, and does not refer to the particular statements contained in the writing.”
State v. Amison, 2017-Ohio-2856.
State v. Pannell, 2017-Ohio-4286, 92 N.E.3d 280.
Ohio Rev. Code § 2913.42(A1)(b)(4): 1 case
State v. Truckey, 2019-Ohio-407, 130 N.E.3d 990.
Ohio Rev. Code § 2913.42(B): 9 cases
State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007). “*424 {¶ 3} An Enviro-Test Systems employee, appellee, David Pelfrey, was arrested and charged by indictment with tampering with records, in violation of R.C. 2913.42, which requires an enhanced charge of third-degree felony when the defendant’s tampering involves government…”
State v. Mays, 2024-Ohio-4616, 251 N.E.3d 41. “In this case, therefore, Pelfrey can be convicted only of a misdemeanor offense, which is the least degree under R.C. 2913.42(B) of the offense of tampering with records.”
State v. Markins, 2013-Ohio-602.
State v. Barnette, 2014-Ohio-5405.
State v. MIller, 2011-Ohio-3039.
Ohio Rev. Code § 2913.42(B)(1): 3 cases
State v. Markins, 2013-Ohio-602.
State v. Bondurant, 2012-Ohio-4912.
State v. Infante, 2020-Ohio-992. “3 THE CONVICTIONS OF TAMPERING WITH RECORDS, R.C. §2913.42. VIOLATE OHIO’S PROHIBITION OF THE USE OF GENERAL CRIMINAL LAW PROVISIONS OVER SPECIFIC STATUTORY PROVISIONS OF A LESSER DEGREE.”
Ohio Rev. Code § 2913.42(B)(1)(2)(a): 1 case
State v. Holmes, 2026-Ohio-736.
Ohio Rev. Code § 2913.42(B)(2): 5 cases
State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007). “*424 {¶ 3} An Enviro-Test Systems employee, appellee, David Pelfrey, was arrested and charged by indictment with tampering with records, in violation of R.C. 2913.42, which requires an enhanced charge of third-degree felony when the defendant’s tampering involves government…”
State v. Ligon, 902 N.E.2d 1011 (Ohio Ct. App. 2008).
State v. Gregory, 2013-Ohio-853.
State v. Dover, 2012-Ohio-1181.
State v. O'Neal, 2011-Ohio-6888.
Ohio Rev. Code § 2913.42(B)(2)(a): 10 cases
State v. McDonald, 2013-Ohio-5042, 1 N.E.3d 374. “Pelfrey was allegedly involved in a scheme in which, for cash, he would provide fraudulent waivers for vehicles that had actually failed an emissions test.”
State v. Haller, 2012-Ohio-5233. “In Pelfrey, the defendant was charged with tampering with records in violation of R.C. 2913.42, with an enhanced charge to a third degree felony for tampering with government records pursuant to R.”
State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007). “*424 {¶ 3} An Enviro-Test Systems employee, appellee, David Pelfrey, was arrested and charged by indictment with tampering with records, in violation of R.C. 2913.42, which requires an enhanced charge of third-degree felony when the defendant’s tampering involves government…”
State v. Mays, 2024-Ohio-4616, 251 N.E.3d 41. “In this case, therefore, Pelfrey can be convicted only of a misdemeanor offense, which is the least degree under R.C. 2913.42(B) of the offense of tampering with records.”
State v. Kilbane, 2014-Ohio-1228.
Ohio Rev. Code § 2913.42(B)(3)(a): 1 case
State v. Thomas, 2025-Ohio-603.
Ohio Rev. Code § 2913.42(B)(4): 32 cases
State v. McDonald, 2013-Ohio-5042, 1 N.E.3d 374. “Pelfrey was allegedly involved in a scheme in which, for cash, he would provide fraudulent waivers for vehicles that had actually failed an emissions test.”
State v. Cook, 2010-Ohio-6305, 128 Ohio St. 3d 120. “R.C. 2913.42 provides that, with an exception not relevant here, tampering with private records constitutes a misdemeanor while tampering with public records, i.”
State v. Haller, 2012-Ohio-5233. “In Pelfrey, the defendant was charged with tampering with records in violation of R.C. 2913.42, with an enhanced charge to a third degree felony for tampering with government records pursuant to R.”
State v. Pelfrey, 860 N.E.2d 735 (Ohio 2007). “*424 {¶ 3} An Enviro-Test Systems employee, appellee, David Pelfrey, was arrested and charged by indictment with tampering with records, in violation of R.C. 2913.42, which requires an enhanced charge of third-degree felony when the defendant’s tampering involves government…”
State v. Heiney, 2018-Ohio-3408, 117 N.E.3d 1034. “42(B)(4) ; see also 1974 Committee Comment to R.C. 2913.42 (noting that the statute "prohibits tampering with all private as well as public records, for fraudulent purposes, and thus expands upon former law which prohibited such conduct only with respect with public documents.”
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