Section 2308.04 - Penalty(A) A person is guilty of criminal mischief in violation of division (A)(1) of section 2909.07 of the Revised Code if all of the following apply: (1) The person knowingly and with purpose to diminish the value or enjoyment of the residential real property moves, defaces, damages, destroys, or otherwise improperly tampers with the person's own residential real property.(2) The residential real property is subject to a mortgage.(3) The person has been served with a summons and complaint in a pending residential mortgage loan foreclosure action relating to that residential real property.(B) As used in this section, "pending" includes the time between the filing of the foreclosure action and confirmation of sale.Added by 131st General Assembly, HB 390,§101.01, eff. 9/28/2016.