Chapter 632 Oregon Laws 2003

AN ACT

HB 3296

Relating to crime.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) A person commits the crime of unlawful possession of a personal identification device if the person possesses a personal identification device with the intent to use the device to commit a crime. As used in this subsection, “personal identification device” means a device that is used to manufacture or print:

(a) A driver license or permit or an identification card issued by any state or the federal government;

(b) An employee identification card issued by an employer; or

(c) A credit or debit card.

(2) Unlawful possession of a personal identification device is a Class C felony.

SECTION 2. (1) A person commits the crime of unlawful possession of fictitious identification if the person possesses a personal identification card containing identification information for a fictitious person with the intent to use the personal identification card to commit a crime.

(2) Unlawful possession of fictitious identification 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 possessed the personal identification card solely for the purpose of enabling the person to purchase alcohol; or

(b) Was under 18 years of age at the time of committing the offense and the person possessed the personal identification card solely for the purpose of enabling the person to purchase tobacco products.

Approved by the Governor August 6, 2003

Filed in the office of Secretary of State August 6, 2003

Effective date January 1, 2004

__________