As Passed by the Senate 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-GARDNER-CARNES-WATTS-SPADA- 9
DRAKE-HOTTINGER-JOHNSON-RAY-LATELL 10
_________________________________________________________________ 12
A B I L L
To enact section 2913.49 of the Revised Code to 14
create the offense of taking the identity of 15
another. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 2913.49 of the Revised Code be 20
enacted to read as follows: 21
Sec. 2913.49. (A) AS USED IN THIS SECTION, "PERSONAL 24
IDENTIFYING INFORMATION" INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING: THE NAME, ADDRESS, TELEPHONE NUMBER, DRIVER'S 26
LICENSE, DRIVER'S LICENSE NUMBER, COMMERCIAL DRIVER'S LICENSE, 27
COMMERCIAL DRIVER'S LICENSE NUMBER, STATE IDENTIFICATION CARD, 28
STATE IDENTIFICATION CARD NUMBER, SOCIAL SECURITY CARD, SOCIAL 29
SECURITY NUMBER, PLACE OF EMPLOYMENT, EMPLOYEE IDENTIFICATION 30
NUMBER, MOTHER'S MAIDEN NAME, DEMAND DEPOSIT ACCOUNT NUMBER, 31
SAVINGS ACCOUNT NUMBER, MONEY MARKET ACCOUNT NUMBER, MUTUAL FUND 32
ACCOUNT NUMBER, OTHER FINANCIAL ACCOUNT NUMBER, PERSONAL 33
IDENTIFICATION NUMBER, PASSWORD, OR CREDIT CARD NUMBER OF AN 34
INDIVIDUAL.
(B) NO PERSON SHALL OBTAIN, POSSESS, OR USE ANY PERSONAL 37
IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 38
FRAUDULENTLY OBTAIN CREDIT, PROPERTY, OR SERVICES OR AVOID THE 39
PAYMENT OF A DEBT OR ANY OTHER LEGAL OBLIGATION.
(C) NO PERSON SHALL CREATE, OBTAIN, POSSESS, OR USE THE 41
PERSONAL IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 42
2
AID OR ABET ANOTHER PERSON IN VIOLATING DIVISION (B) OF THIS 43
SECTION.
(D)(1) IF THE VIOLATION OF DIVISION (B) OF THIS SECTION 46
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 47
OF DIVISION (B) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 49
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF
DIVISION (C) OF THIS SECTION OR SECTION 2913.02, 2913.04, 50
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 52
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 54
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 56
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 57
BY THE OFFENDER AND ALL DEBTS OR OTHER LEGAL OBLIGATIONS AVOIDED 58
OR SOUGHT TO BE AVOIDED BY THE OFFENDER IN THE VIOLATIONS 59
INVOLVED IN THAT COURSE OF CONDUCT. 60
(2) IF THE VIOLATION OF DIVISION (C) OF THIS SECTION 62
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 63
OF DIVISION (C) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 65
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF 66
DIVISION (B) OF THIS SECTION OR SECTION 2913.02, 2913.04, 68
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 69
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 70
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 71
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 72
BY THE PERSON AIDED OR ABETTED AND ALL DEBTS OR OTHER LEGAL
OBLIGATIONS AVOIDED OR SOUGHT TO BE AVOIDED BY THE PERSON AIDED 73
OR ABETTED IN THE VIOLATIONS INVOLVED IN THAT COURSE OF CONDUCT. 74
(E) WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAKING THE 77
IDENTITY OF ANOTHER. EXCEPT AS OTHERWISE PROVIDED IN THIS 78
DIVISION, TAKING THE IDENTITY OF ANOTHER IS A MISDEMEANOR OF THE 79
FIRST DEGREE. IF THE VALUE OF THE CREDIT, PROPERTY, SERVICES, 80
DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN THE VIOLATION OR 81
COURSE OF CONDUCT IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS 83
THAN FIVE THOUSAND DOLLARS, TAKING THE IDENTITY OF ANOTHER IS A 84
FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE CREDIT,
3
PROPERTY, SERVICES, DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN 85
THE VIOLATION OR COURSE OF CONDUCT IS FIVE THOUSAND DOLLARS OR 87
MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, TAKING THE 88
IDENTITY OF ANOTHER IS A FELONY OF THE FOURTH DEGREE. IF THE 89
VALUE OF THE CREDIT, PROPERTY, SERVICES, DEBT, OR OTHER LEGAL 90
OBLIGATION INVOLVED IN THE VIOLATION OR COURSE OF CONDUCT IS ONE 91
HUNDRED THOUSAND DOLLARS OR MORE, TAKING THE IDENTITY OF ANOTHER 92
IS A FELONY OF THE THIRD DEGREE. 93