74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 447
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Bankers Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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
 
 
Enrolled Senate Bill 447 (SB 447-INTRO)                    Page 1
 
 
 
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.
                         ----------
 
 
Passed by Senate March 14, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House June 8, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 447 (SB 447-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 447 (SB 447-INTRO)                    Page 3