Oregon Identity Theft
OR Rev Stat § 165.800, § 165.803
Oregon Revised Statutes
Volume: 04 - Criminal Procedure, Crimes
Chapter 165 - Offenses Involving Fraud or Deception
IDENTITY THEFT AND RELATED OFFENSES
Section 165.800 - Identity theft.
Section 165.803 - Aggravated identity theft.
Section 165.805 - Misrepresentation of age by a minor.
Section 165.810 - Unlawful possession of a personal identification device.
Section 165.813 - Unlawful possession of fictitious identification.
Section 165.815 - Criminal impersonation.
§ 165.800 - Identity theft.
(1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.
(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol, tobacco products as defined in ORS 431A.175 or inhalant delivery systems as defined in ORS 431A.175; or
(b) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) "Another person" means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.
(b) "Personal identification" includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:
(A) A person’s name, address or telephone number;
(B) A person’s driving privileges;
(C) A person’s Social Security number or tax identification number;
(D) A person’s citizenship status or alien identification number;
(E) A person’s employment status, employer or place of employment;
(F) The identification number assigned to a person by a person’s employer;
(G) The maiden name of a person or a person’s mother;
(H) The identifying number of a person’s depository account at a "financial institution" or "trust company," as those terms are defined in ORS 706.008, or a credit card account;
(I) A person’s signature or a copy of a person’s signature;
(J) A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;
(K) A person’s photograph;
(L) A person’s date of birth; and
(M) A person’s personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1; 2013 c.158 §34; 2015 c.158 §25; 2017 c.701 §15]
§ 165.803 - Aggravated identity theft.
(1) A person commits the crime of aggravated identity theft if:
(a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period;
(b) The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft;
(c) The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or
(d) The person violates ORS 165.800 and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.
(2) Aggravated identity theft is a Class B felony.
(3) As used in this section, "previous conviction" includes:
(a) Convictions occurring before, on or after January 1, 2008; and
(b) Convictions entered in any other state or federal court for comparable offenses.
(4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft. [2007 c.584 §1]
For more information, see here: https://oregon.public.law/statutes/ors_chapter_646
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