As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 7 5
1999-2000 6
SENATORS OELSLAGER-BRADY-CUPP-KEARNS-LATTA-McLIN-MUMPER- 8
SCHAFRATH 9
11
A B I L L
To enact section 2913.49 of the Revised Code to 13
create the offense of taking the identity of 14
another. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2913.49 of the Revised Code be 19
enacted to read as follows: 20
Sec. 2913.49. (A) AS USED IN THIS SECTION, "PERSONAL 23
IDENTIFYING INFORMATION" MEANS THE NAME, ADDRESS, TELEPHONE 24
NUMBER, DRIVER'S LICENSE, DRIVER'S LICENSE NUMBER, COMMERCIAL 25
DRIVER'S LICENSE, COMMERCIAL DRIVER'S LICENSE NUMBER, STATE 26
IDENTIFICATION CARD, STATE IDENTIFICATION CARD NUMBER, SOCIAL 27
SECURITY CARD, SOCIAL SECURITY NUMBER, PLACE OF EMPLOYMENT, 28
EMPLOYEE IDENTIFICATION NUMBER, MOTHER'S MAIDEN NAME, DEMAND 29
DEPOSIT ACCOUNT NUMBER, SAVINGS ACCOUNT NUMBER, MONEY MARKET 30
ACCOUNT NUMBER, MUTUAL FUND ACCOUNT NUMBER, OTHER FINANCIAL 31
ACCOUNT NUMBER, PERSONAL IDENTIFICATION NUMBER, PASSWORD, OR 32
CREDIT CARD NUMBER OF AN INDIVIDUAL.
(B) NO PERSON SHALL OBTAIN, POSSESS, OR USE ANY PERSONAL 35
IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 36
FRAUDULENTLY OBTAIN CREDIT, PROPERTY, OR SERVICES OR AVOID THE 37
PAYMENT OF A DEBT OR ANY OTHER LEGAL OBLIGATION.
(C) NO PERSON SHALL CREATE, OBTAIN, POSSESS, OR USE THE 39
PERSONAL IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 40
AID OR ABET ANOTHER PERSON IN VIOLATING DIVISION (B) OF THIS 41
SECTION.
2
(D)(1) IF THE VIOLATION OF DIVISION (B) OF THIS SECTION 44
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 45
OF DIVISION (B) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 47
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF
DIVISION (C) OF THIS SECTION OR SECTION 2913.02, 2913.04, 48
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 50
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 52
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 54
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 55
BY THE OFFENDER AND ALL DEBTS OR OTHER LEGAL OBLIGATIONS AVOIDED 56
OR SOUGHT TO BE AVOIDED BY THE OFFENDER IN THE VIOLATIONS 57
INVOLVED IN THAT COURSE OF CONDUCT. 58
(2) IF THE VIOLATION OF DIVISION (C) OF THIS SECTION 60
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 61
OF DIVISION (C) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 63
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF 64
DIVISION (B) OF THIS SECTION OR SECTION 2913.02, 2913.04, 66
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 67
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 68
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 69
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 70
BY THE PERSON AIDED OR ABETTED AND ALL DEBTS OR OTHER LEGAL
OBLIGATIONS AVOIDED OR SOUGHT TO BE AVOIDED BY THE PERSON AIDED 71
OR ABETTED IN THE VIOLATIONS INVOLVED IN THAT COURSE OF CONDUCT. 72
(E) WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAKING THE 75
IDENTITY OF ANOTHER. EXCEPT AS OTHERWISE PROVIDED IN THIS 76
DIVISION, TAKING THE IDENTITY OF ANOTHER IS A MISDEMEANOR OF THE 77
FIRST DEGREE. IF THE VALUE OF THE CREDIT, PROPERTY, SERVICES, 78
DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN THE VIOLATION OR 79
COURSE OF CONDUCT IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS 81
THAN FIVE THOUSAND DOLLARS, TAKING THE IDENTITY OF ANOTHER IS A 82
FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE CREDIT,
PROPERTY, SERVICES, DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN 83
THE VIOLATION OR COURSE OF CONDUCT IS FIVE THOUSAND DOLLARS OR 85
3
MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, TAKING THE 86
IDENTITY OF ANOTHER IS A FELONY OF THE FOURTH DEGREE. IF THE 87
VALUE OF THE CREDIT, PROPERTY, SERVICES, DEBT, OR OTHER LEGAL 88
OBLIGATION INVOLVED IN THE VIOLATION OR COURSE OF CONDUCT IS ONE 89
HUNDRED THOUSAND DOLLARS OR MORE, TAKING THE IDENTITY OF ANOTHER 90
IS A FELONY OF THE THIRD DEGREE. 91