[TechAssist] Re: bad checks??
- From: "Mark Simpson" <res050hb@xxxxxxx>
- To: <techassist@xxxxxxxxxxxxx>
- Date: Wed, 4 Aug 2004 12:08:56 -0400
§ 2913.02. Theft.
(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), or (6) of this section, a violation of this section is petty
theft, a misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than five
thousand 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 five thousand dollars or more and is less than one hundred thousand
dollars, 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
thousand dollars or more and is less than five hundred thousand dollars, a
violation of this section is aggravated theft, a felony of the third degree.
If the value of the property or services is five hundred thousand dollars or
more and is less than one million 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 dollars or more, a violation of
this section is aggravated theft of one million dollars or more, a felony of
the first degree.
(3) Except as otherwise provided in division (B)(4), (5), or (6) of
this section, if the victim of the offense is an elderly person or disabled
adult, a violation of this section is theft from an elderly person or
disabled adult, and division (B)(3) of this section applies. Except as
otherwise provided in this division, theft from an elderly person or
disabled adult is a felony of the fifth degree. If the value of the property
or services stolen is five hundred dollars or more and is less than five
thousand dollars, theft from an elderly person or disabled adult is a felony
of the fourth degree. If the value of the property or services stolen is
five thousand dollars or more and is less than twenty-five thousand dollars,
theft from an elderly person or disabled adult is a felony of the third
degree. If the value of the property or services stolen is twenty-five
thousand dollars or more and is less than one hundred thousand dollars,
theft from an elderly person or disabled adult is a felony of the second
degree. If the value of the property or services stolen is one hundred
thousand dollars or more, theft from an elderly person or disabled adult is
a felony of the first degree.
(4) If the property stolen is a firearm or dangerous ordnance, a
violation of this section is grand theft, a felony of the third degree, and
there is a presumption in favor of the court imposing a prison term for the
offense. The offender shall serve the prison term 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) 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)(7)(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)(7)(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 sentencing court that suspends an offender's license, permit,
or nonresident operating privilege under division (B)(7) 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.
HISTORY: 134 v H 511 (Eff 1-1-74); 138 v S 191 (Eff 6-20-80); 139 v S
199 (Eff 1-1-83); 140 v H 632 (Eff 3-28-85); 141 v H 49 (Eff 6-26-86); 143 v
H 347 (Eff 7-18-90); 143 v S 258 (Eff 11-20-90); 146 v H 4 (Eff 11-9-95);
146 v S 2 (Eff 7-1-96); 147 v S 66 (Eff 7-22-98); 148 v H 2. Eff 11-10-99;
150 v H 7, § 1, eff. 9-16-03; 150 v H 179, § 1, eff. 3-9-04; 150 v H 12, §
1, eff. 4-8-04.
Mark Simpson
Mark Electronics
Plant City,Florida
http://biggertv.com
----- Original Message -----
From: "larry" <schntv@xxxxxxxxxxxx>
To: <techassist@xxxxxxxxxxxxx>
Sent: Wednesday, August 04, 2004 11:14 AM
Subject: [TechAssist] bad checks??
> i had an experience i didnt know how to solve.
> i repaired a tv, customer picked up and paid 75 with check.
> 10 days later i get a letter from my bank saying they withdrew
> the 75 from my account because the check was stop payment.
> i called the customer and would always be told the man wasnt home,
> finally i did talk to him a week later.
> he said he stooped payment because he didnt think it was good
> enough picture.
> i said why didnt you call me , or bring it back , so i could
> make it right.
> at least let me have my parts back.
> he said no.
> and that i should take him to court for the 75 if i like. and
> hung up.
> i contacted my attorney, who said forget it , you been screwed.
> the set probably works fine and he knows you cant afford to
> sue him.
> and since then i found that he could have also stooped payment
> on a credit card if he had used one.
> are there any answers to this type of problem???
> Larry
>
>
>
>
>
> --
> Schneider TV & Electronic Inc.
> 5415 N. Wooster ave.
> Dover, Ohio 44622 www.geocities.com/schntv2000/
> 330-343-0768 FCC. first class & Extra class K8WLY
>
>
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