Youngstown Daily Legal News

Bill outlines penalties for near field communication, telecom device thefts

TIFFANY L. PARKS
Special to the Legal News
Published: April 2, 2013

A new Senate bill that has landed in the Ohio General Assembly would generally increase the penalties for theft of a computer or telecommunications device.

Senate Bill 63, sponsored by Sen. Jim Hughes, would prohibit the use of the computer or telecommunications device to intercept any information relating to the transfer or possible transfer of funds. The measure also would ban the use of intercepted information.

“We have met with many people throughout the telecommunications industry as well as police officers representing the area of property crimes,” said Hughes, R-Columbus.

“This bill addresses near field communication, which is a form of contactless communication between devices like smartphones or tablets. This communication allows a user to wave a smartphone over a near field communication compatible device to send information without needing to bring the devices together or go through multiple steps setting up a connection.”

Hughes said SB 63 would establish that a victim of telecommunication and/or computer theft would be protected in that no person can use their telecommunications device and/or computer to intercept information, programs and applications for the transfer of funds.

The proposal defines a “telecommunications device” as any instrument, equipment, machine or other device that facilitates telecommunication, including, but not limited to, a computer, computer network, computer chip, computer circuit, scanner, telephone, cellular telephone, pager, personal communications device, transponder, receiver, radio, modem or device that enables the use of a modem.

“Near field communication has yet to be addressed in existing law, and in a world of ever-changing technology, this legislation is necessary to protect consumers,” Hughes said.

According to a bill analysis of SB 63, existing law, which would remain unchanged under the bill, bans any person, with purpose to “deprive” the owner of property or services, from knowingly obtaining or exerting control over either the property or services in any of the following ways: without the consent of the owner or person authorized to give consent; beyond the scope of the express or implied consent; or by deception, threat or intimidation.

The offense name and penalty for a violation of the prohibition depend upon the value of the property or services involved and, in certain cases, the type of property involved.

SB 63 would increase the penalty for a violation of the existing prohibitions if the property stolen is a computer or telecommunications device.

The bill states that if the value of a computer or telecommunications device stolen is less than $150,000, the violation would be a fourth-degree felony.

Currently, the theft of a computer or telecommunications device is generally a petty theft, which is a first-degree misdemeanor. If the value of the stolen item is more than $1,000 but less than $7,500, it is a theft, which is a fifth-degree felony.

The theft of such property valued at more than $7,500 but less than $150,000 is grand theft, a fourth-degree felony.

Under SB 63, if the value of the computer or telecommunications device stolen is $150,000 or more but less than $750,000, the violation would be a third-degree felony.

If the device is valued between $750,000 -$1.5 million, the theft would be a second-degree felony. If the item is worth $1.5 million or more, the violation would be a first-degree felony.

In addition, SB 63 would carve out increased penalties if the victim of the violation is an elderly person or disabled adult.

If the bill is enacted, it would be a third-degree felony to steal a computer or telecommunications device worth less than $1,000 from an elderly person or disabled adult.

In keeping with existing law, if the value of the item is $1,000 or more but less than $7,500, the violation would be a fourth-degree felony and if the stolen device is tagged between $7,500-$37,500, the violation would be a third-degree felony.

Hughes encouraged lawmakers to move the bill forward.

“We have met with many people in the telecommunications industry and have had no known opposition to the current version of the bill,” he said.

SB 63 is co-sponsored by Sen. Tom Patton, R-Strongsville, and Sen. Tim Schaffer, R-Lancaster.

The bill is before the Senate Criminal Justice committee.

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