§ 2313.03. Unauthorized use of a vehicle.

(A)

No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

(B)

The following are affirmative defenses to a charge under this section:

(1)

At the time of the alleged offense, the actor, though mistaken, reasonably believed that he was authorized to use or operate the property;

(2)

At the time of the alleged offense, the actor reasonably believed that the owner or person empowered to give consent would authorize the actor to use or operate the property.

(C)

Whoever violates this section is guilty of unauthorized use of a vehicle, a misdemeanor of the first degree.

(D)

This section shall not apply if:

(1)

The offender removes the vehicle from this state;

(2)

The offender retains possession of the vehicle for more than forty-eight (48) hours;

(3)

The offender previously has been convicted of a violation of division (A) of this section or any other theft offense.

(ORC 2913.03; Ord. 2535-94.)