(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 personís 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;
(b) Was under 18 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 tobacco products; or
(c) Used the personal identification of another person solely for the purpose of misrepresenting the personís 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) ďAnother personĒ means a real person, whether living or deceased, or an imaginary person.
(b) ďPersonal identificationĒ includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:
(A) A personís name, address or telephone number;
(B) A personís driving privileges;
(C) A personís Social Security number or tax identification number;
(D) A personís citizenship status or alien identification number;
(E) A personís employment status, employer or place of employment;
(F) The identification number assigned to a person by a personís employer;
(G) The maiden name of a person or a personís mother;
(H) The identifying number of a personís depository account at a ďfinancial institutionĒ or ďtrust company,Ē as those terms are defined in ORS 706.008, or a credit card account;
(I) A personís signature or a copy of a personís signature;
(J) A personís electronic mail name, electronic mail signature, electronic mail address or electronic mail account;
(K) A personís photograph;
(L) A personís date of birth; and
(M) A personís personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1]Section: Previous 165.675 165.680 165.690 165.692 165.694 165.696 165.698 165.800 165.803 165.805 165.810 165.813 165.825 165.840 165.845 Next
Last modified: August 7, 2008