Ohio Revised Code
Chapter 2913 | Theft and Fraud
Section 2913.73 | Evidence That Victim Lacked Capacity to Give Consent.

Effective: November 10, 1999
Latest Legislation: House Bill 2 - 123rd General Assembly
In a prosecution for any alleged violation of a provision of this chapter, if the lack of consent of the victim is an element of the provision that allegedly was violated, evidence that, at the time of the alleged violation, the victim lacked the capacity to give consent is admissible to show that the victim did not give consent.
As used in this section, "lacks the capacity to consent" means being impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person or the person's resources.

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2913 | Theft and Fraud

Section 2913.01 | Theft and Fraud General Definitions.

Section 2913.02 | Theft.

Section 2913.03 | Unauthorized Use of a Vehicle.

Section 2913.04 | Unauthorized Use of Property - Computer, Cable, or Telecommunication Property.

Section 2913.041 | Possession or Sale of Unauthorized Cable Television Device.

Section 2913.05 | Telecommunications Fraud.

Section 2913.06 | Unlawful Use of Telecommunications Device.

Section 2913.07 | Motion Picture Piracy.

Section 2913.11 | Passing Bad Checks.

Section 2913.21 | Misuse of Credit Cards.

Section 2913.30 | Counterfeiting.

Section 2913.31 | Forgery - Forging Identification Cards or Selling or Distributing Forged Identification Cards.

Section 2913.32 | Criminal Simulation.

Section 2913.33 | Making or Using Slugs.

Section 2913.34 | Trademark Counterfeiting.

Section 2913.40 | Medicaid Fraud.

Section 2913.401 | Medicaid Eligibility Fraud.

Section 2913.41 | Defrauding a Rental Agency or Hostelry.

Section 2913.42 | Tampering With Records.

Section 2913.421 | Illegally Transmitting Multiple Commercial Electronic Mail Messages (Spamming) - Unauthorized Access of Computer.

Section 2913.43 | Securing Writings by Deception.

Section 2913.44 | Personating an Officer.

Section 2913.441 | Unlawful Display of Law Enforcement Emblem.

Section 2913.45 | Defrauding Creditors.

Section 2913.46 | Illegal Use of Food Stamps or Wic Program Benefits.

Section 2913.47 | Insurance Fraud.

Section 2913.48 | Workers' Compensation Fraud.

Section 2913.49 | Identity Fraud.

Section 2913.51 | Receiving Stolen Property.

Section 2913.61 | Finding of Value of Stolen Property as Part of Verdict.

Section 2913.71 | Felony of Fifth Degree Regardless of the Value of the Property.

Section 2913.72 | Evidence of an Intent to Commit Theft of Rented Property.

Section 2913.73 | Evidence That Victim Lacked Capacity to Give Consent.

Section 2913.82 | Towing or Storage Fees to Be Paid by Person Convicted of Theft Offense That Involves Motor Vehicle.