§ 2309.06. Criminal damaging or endangering.

(A)

No person shall cause, or create a substantial risk of physical harm to any property of another without his consent:

(1)

Knowingly, by any means;

(2)

Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material, or other inherently dangerous agency or substance.

(B)

(1)

Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree.

(2)

If the offense occurred on city owned property, in a school building, on school premises, or within one thousand (1,000) feet of the boundaries of school premises, then the court shall impose a mandatory term of imprisonment of at least thirty (30) days, which shall not be suspended, shall be a period of consecutive imprisonment, and during which mandatory minimum term of imprisonment the defendant shall not be eligible for probation, house arrest, or work release.

(C)

This section shall not apply if the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, or any other equipment or implement used or intended to be used in the operation of an aircraft and if the violation creates a risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft.

(ORC 2909.06; Ord. 2535-94.)