§ 2321.13. Falsification.  


Latest version.
  • (A)

    No person shall knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made, when any of the following applies:

    (1)

    The statement is made in any official proceeding.

    (2)

    The statement is made with purpose to incriminate another.

    (3)

    The statement is made with purpose to mislead a public official in performing his official function.

    (4)

    The statement is made with purpose to secure the payment of unemployment compensation, aid for the aged, aid for the blind, aid for the permanently and totally disabled, aid to dependent children, general assistance, disability assistance administered by the Department of Human Services, retirement benefits, or other benefits administered by a governmental agency or paid out of a public treasury.

    (5)

    The statement is made with purpose to secure the issuance by a governmental agency of a license, permit, authorization, certificate, registration, release, or provider agreement.

    (6)

    The statement is sworn or affirmed before a notary public or other person empowered to administer oaths.

    (7)

    The statement is in writing on or in connection with a report or return which is required or authorized by law.

    (8)

    The statement is in writing, and is made with purpose to induce another to extend credit to or employ the offender, or to confer any degree, diploma, certificate of attainment, award of excellence, or honor on the offender, or to extend to or bestow upon the offender any other valuable benefit or distinction, when the person to whom such statement is directed relies upon it to his detriment.

    (9)

    The statement is made with purpose to commit or facilitate the commission of a theft offense involving the proceeds of an insurance policy.

    (10)

    The statement is knowingly made to a probate court in connection with any action, proceeding, or other matter within its jurisdiction, either orally or in a written document, including, but not limited to, an application, petition, complaint, or other pleading, or an inventory, account, or report.

    (11)

    The statement is made on an application for a marriage license under Section 3101.05 of the Ohio Revised Code.

    (ORC 2921.13)

    (B)

    It is no defense to a charge under division (A)(4) of this section that the oath or affirmation was administered or taken in an irregular manner.

    (C)

    Where contradictory statements relating to the same fact are made by the offender within the period of the statute of limitations for falsification, it is not necessary for the prosecution to prove which statement was false, but only that one or the other was false.

    (D)

    Whoever violates division (A) of this section is guilty of falsification, a misdemeanor of the first degree.

    (E)

    This section shall not apply if:

    (1)

    The statement is made with purpose to commit or facilitate the commission of a theft offense involving a motor vehicle; or

    (2)

    A violation of division (A)(9) if the amount of the claim is three hundred dollars or more.

(Ord. 2535-94.)