HB 385 Summary

• Expands criminal mischief offense under section 2909.07 to include intentionally acquiring, altering, damaging, deleting, disrupting, or destroying property through computer or computer system, or creating opportunities for unknowing introduction of computer contaminants.

• Increases penalties for criminal mischief involving computers from a first-degree misdemeanor to a third-degree felony, or a first-degree felony if the offender has a prior conviction for the same or substantially equivalent offense.

• Creates new offense of "criminal use of a computer" under section 2923.05 prohibiting use of computers to commit, attempt, conspire to, or solicit others to commit any offense, with penalties ranging from first-degree misdemeanor to first-degree felony depending on the underlying offense severity.

• Permits conviction and sentencing for both criminal use of a computer and the underlying offense at the same trial or proceeding, with mandatory prison terms imposed for the most serious underlying offenses including aggravated murder, murder, and rape.

• Amends section 2929.13 to include criminal use of a computer as a felony offense subject to mandatory prison terms and sentencing guidelines consistent with the severity of the underlying criminal conduct.