Chapter 583 Oregon Laws 2007

AN ACT

SB 447

Relating to identity theft; amending ORS 165.800.

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

SECTION 1. ORS 165.800 is amended to read:

165.800. (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;

(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 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 a real person, whether living or deceased, or an imaginary person.

(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.

Approved by the Governor June 25, 2007

Filed in the office of Secretary of State June 27, 2007

Effective date January 1, 2008

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