As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Am. S. B. No. 7 5
1999-2000 6
SENATORS OELSLAGER-BRADY-CUPP-KEARNS-LATTA-McLIN-MUMPER- 8
SCHAFRATH-BLESSING-HERINGTON 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" INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING: THE NAME, ADDRESS, TELEPHONE NUMBER, DRIVER'S 25
LICENSE, DRIVER'S LICENSE NUMBER, COMMERCIAL DRIVER'S LICENSE, 26
COMMERCIAL DRIVER'S LICENSE NUMBER, STATE IDENTIFICATION CARD, 27
STATE IDENTIFICATION CARD NUMBER, SOCIAL SECURITY CARD, SOCIAL 28
SECURITY NUMBER, PLACE OF EMPLOYMENT, EMPLOYEE IDENTIFICATION 29
NUMBER, MOTHER'S MAIDEN NAME, DEMAND DEPOSIT ACCOUNT NUMBER, 30
SAVINGS ACCOUNT NUMBER, MONEY MARKET ACCOUNT NUMBER, MUTUAL FUND 31
ACCOUNT NUMBER, OTHER FINANCIAL ACCOUNT NUMBER, PERSONAL 32
IDENTIFICATION NUMBER, PASSWORD, OR CREDIT CARD NUMBER OF AN 33
INDIVIDUAL.
(B) NO PERSON SHALL OBTAIN, POSSESS, OR USE ANY PERSONAL 36
IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 37
FRAUDULENTLY OBTAIN CREDIT, PROPERTY, OR SERVICES OR AVOID THE 38
PAYMENT OF A DEBT OR ANY OTHER LEGAL OBLIGATION.
(C) NO PERSON SHALL CREATE, OBTAIN, POSSESS, OR USE THE 40
PERSONAL IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 41
AID OR ABET ANOTHER PERSON IN VIOLATING DIVISION (B) OF THIS 42
2
SECTION.
(D)(1) IF THE VIOLATION OF DIVISION (B) OF THIS SECTION 45
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 46
OF DIVISION (B) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 48
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF
DIVISION (C) OF THIS SECTION OR SECTION 2913.02, 2913.04, 49
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 51
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 53
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 55
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 56
BY THE OFFENDER AND ALL DEBTS OR OTHER LEGAL OBLIGATIONS AVOIDED 57
OR SOUGHT TO BE AVOIDED BY THE OFFENDER IN THE VIOLATIONS 58
INVOLVED IN THAT COURSE OF CONDUCT. 59
(2) IF THE VIOLATION OF DIVISION (C) OF THIS SECTION 61
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 62
OF DIVISION (C) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 64
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF 65
DIVISION (B) OF THIS SECTION OR SECTION 2913.02, 2913.04, 67
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 68
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 69
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 70
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 71
BY THE PERSON AIDED OR ABETTED AND ALL DEBTS OR OTHER LEGAL
OBLIGATIONS AVOIDED OR SOUGHT TO BE AVOIDED BY THE PERSON AIDED 72
OR ABETTED IN THE VIOLATIONS INVOLVED IN THAT COURSE OF CONDUCT. 73
(E) WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAKING THE 76
IDENTITY OF ANOTHER. EXCEPT AS OTHERWISE PROVIDED IN THIS 77
DIVISION, TAKING THE IDENTITY OF ANOTHER IS A MISDEMEANOR OF THE 78
FIRST DEGREE. IF THE VALUE OF THE CREDIT, PROPERTY, SERVICES, 79
DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN THE VIOLATION OR 80
COURSE OF CONDUCT IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS 82
THAN FIVE THOUSAND DOLLARS, TAKING THE IDENTITY OF ANOTHER IS A 83
FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE CREDIT,
PROPERTY, SERVICES, DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN 84
3
THE VIOLATION OR COURSE OF CONDUCT IS FIVE THOUSAND DOLLARS OR 86
MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, TAKING THE 87
IDENTITY OF ANOTHER IS A FELONY OF THE FOURTH DEGREE. IF THE 88
VALUE OF THE CREDIT, PROPERTY, SERVICES, DEBT, OR OTHER LEGAL 89
OBLIGATION INVOLVED IN THE VIOLATION OR COURSE OF CONDUCT IS ONE 90
HUNDRED THOUSAND DOLLARS OR MORE, TAKING THE IDENTITY OF ANOTHER 91
IS A FELONY OF THE THIRD DEGREE. 92