As Reported by House Criminal Justice 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-GARDNER-CARNES-WATTS-SPADA- 9
DRAKE-HOTTINGER-JOHNSON-RAY-LATELL-REPRESENTATIVES ROMAN- 11
WOMER BENJAMIN-CALLENDER-BUEHRER-GOODMAN-LUCAS- LOGAN-TAYLOR 12
_________________________________________________________________ 13
A B I L L
To enact section 2913.49 of the Revised Code to 15
create the offense of taking the identity of 16
another. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 2913.49 of the Revised Code be 21
enacted to read as follows: 22
Sec. 2913.49. (A) AS USED IN THIS SECTION, "PERSONAL 25
IDENTIFYING INFORMATION" INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING: THE NAME, ADDRESS, TELEPHONE NUMBER, DRIVER'S 27
LICENSE, DRIVER'S LICENSE NUMBER, COMMERCIAL DRIVER'S LICENSE, 28
COMMERCIAL DRIVER'S LICENSE NUMBER, STATE IDENTIFICATION CARD, 29
STATE IDENTIFICATION CARD NUMBER, SOCIAL SECURITY CARD, SOCIAL 30
SECURITY NUMBER, PLACE OF EMPLOYMENT, EMPLOYEE IDENTIFICATION 31
NUMBER, MOTHER'S MAIDEN NAME, DEMAND DEPOSIT ACCOUNT NUMBER, 32
SAVINGS ACCOUNT NUMBER, MONEY MARKET ACCOUNT NUMBER, MUTUAL FUND 33
ACCOUNT NUMBER, OTHER FINANCIAL ACCOUNT NUMBER, PERSONAL 34
IDENTIFICATION NUMBER, PASSWORD, OR CREDIT CARD NUMBER OF AN 35
INDIVIDUAL.
(B) NO PERSON SHALL OBTAIN, POSSESS, OR USE ANY PERSONAL 38
IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 39
FRAUDULENTLY OBTAIN CREDIT, PROPERTY, OR SERVICES OR AVOID THE 40
PAYMENT OF A DEBT OR ANY OTHER LEGAL OBLIGATION.
(C) NO PERSON SHALL CREATE, OBTAIN, POSSESS, OR USE THE 42
2
PERSONAL IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO 43
AID OR ABET ANOTHER PERSON IN VIOLATING DIVISION (B) OF THIS 44
SECTION.
(D)(1) IF THE VIOLATION OF DIVISION (B) OF THIS SECTION 47
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 48
OF DIVISION (B) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 50
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF
DIVISION (C) OF THIS SECTION OR SECTION 2913.02, 2913.04, 51
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 53
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 55
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 57
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 58
BY THE OFFENDER AND ALL DEBTS OR OTHER LEGAL OBLIGATIONS AVOIDED 59
OR SOUGHT TO BE AVOIDED BY THE OFFENDER IN THE VIOLATIONS 60
INVOLVED IN THAT COURSE OF CONDUCT. THE COURSE OF CONDUCT MAY 61
INVOLVE ONE VICTIM OR MORE THAN ONE VICTIM. 62
(2) IF THE VIOLATION OF DIVISION (C) OF THIS SECTION 64
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 65
OF DIVISION (C) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 67
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF 68
DIVISION (B) OF THIS SECTION OR SECTION 2913.02, 2913.04, 70
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 71
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 72
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 73
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 74
BY THE PERSON AIDED OR ABETTED AND ALL DEBTS OR OTHER LEGAL
OBLIGATIONS AVOIDED OR SOUGHT TO BE AVOIDED BY THE PERSON AIDED 75
OR ABETTED IN THE VIOLATIONS INVOLVED IN THAT COURSE OF CONDUCT. 76
THE COURSE OF CONDUCT MAY INVOLVE ONE VICTIM OR MORE THAN ONE 77
VICTIM.
(E) WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAKING THE 80
IDENTITY OF ANOTHER. EXCEPT AS OTHERWISE PROVIDED IN THIS 81
DIVISION, TAKING THE IDENTITY OF ANOTHER IS A MISDEMEANOR OF THE 82
FIRST DEGREE. IF THE VALUE OF THE CREDIT, PROPERTY, SERVICES, 83
3
DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN THE VIOLATION OR 84
COURSE OF CONDUCT IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS 86
THAN FIVE THOUSAND DOLLARS, TAKING THE IDENTITY OF ANOTHER IS A 87
FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE CREDIT,
PROPERTY, SERVICES, DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN 88
THE VIOLATION OR COURSE OF CONDUCT IS FIVE THOUSAND DOLLARS OR 90
MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, TAKING THE 91
IDENTITY OF ANOTHER IS A FELONY OF THE FOURTH DEGREE. IF THE 92
VALUE OF THE CREDIT, PROPERTY, SERVICES, DEBT, OR OTHER LEGAL 93
OBLIGATION INVOLVED IN THE VIOLATION OR COURSE OF CONDUCT IS ONE 94
HUNDRED THOUSAND DOLLARS OR MORE, TAKING THE IDENTITY OF ANOTHER 95
IS A FELONY OF THE THIRD DEGREE. 96