As Passed by the House 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- 12
LOGAN-TAYLOR-VAN VYVEN-AUSTRIA-HEALY-GRENDELL-THOMAS-
TERWILLEGER-DAMSCHRODER-SALERNO-VERICH-DePIERO-PERRY- 13
VESPER-SCHULER-AMSTUTZ-HOLLISTER-CALVERT-WILSON-PADGETT- 14
METELSKY-HARRIS-CORE-CLANCY-TIBERI-HOOPS-SULLIVAN-FLANNERY- 15
KILBANE-PETERSON-PRINGLE-OPFER-HARTNETT-BOYD-BARNES- 16
KRUPINSKI-OLMAN 17
_________________________________________________________________ 18
A B I L L
To enact section 2913.49 of the Revised Code to 20
create the offense of taking the identity of 21
another. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 2913.49 of the Revised Code be 26
enacted to read as follows: 27
Sec. 2913.49. (A) AS USED IN THIS SECTION, "PERSONAL 30
IDENTIFYING INFORMATION" INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING: THE NAME, ADDRESS, TELEPHONE NUMBER, DRIVER'S 32
LICENSE, DRIVER'S LICENSE NUMBER, COMMERCIAL DRIVER'S LICENSE, 33
COMMERCIAL DRIVER'S LICENSE NUMBER, STATE IDENTIFICATION CARD, 34
STATE IDENTIFICATION CARD NUMBER, SOCIAL SECURITY CARD, SOCIAL 35
SECURITY NUMBER, PLACE OF EMPLOYMENT, EMPLOYEE IDENTIFICATION 36
NUMBER, MOTHER'S MAIDEN NAME, DEMAND DEPOSIT ACCOUNT NUMBER, 37
SAVINGS ACCOUNT NUMBER, MONEY MARKET ACCOUNT NUMBER, MUTUAL FUND 38
ACCOUNT NUMBER, OTHER FINANCIAL ACCOUNT NUMBER, PERSONAL 39
IDENTIFICATION NUMBER, PASSWORD, OR CREDIT CARD NUMBER OF A 40
2
LIVING OR DEAD INDIVIDUAL.
(B) NO PERSON SHALL OBTAIN, POSSESS, OR USE ANY PERSONAL 43
IDENTIFYING INFORMATION OF ANY LIVING OR DEAD INDIVIDUAL WITH THE 44
INTENT TO FRAUDULENTLY OBTAIN CREDIT, PROPERTY, OR SERVICES OR
AVOID THE PAYMENT OF A DEBT OR ANY OTHER LEGAL OBLIGATION. 45
(C) NO PERSON SHALL CREATE, OBTAIN, POSSESS, OR USE THE 47
PERSONAL IDENTIFYING INFORMATION OF ANY LIVING OR DEAD INDIVIDUAL 48
WITH THE INTENT TO AID OR ABET ANOTHER PERSON IN VIOLATING 50
DIVISION (B) OF THIS SECTION.
(D)(1) IF THE VIOLATION OF DIVISION (B) OF THIS SECTION 53
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 54
OF DIVISION (B) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 56
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF
DIVISION (C) OF THIS SECTION OR SECTION 2913.02, 2913.04, 57
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 59
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 61
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 63
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 64
BY THE OFFENDER AND ALL DEBTS OR OTHER LEGAL OBLIGATIONS AVOIDED 65
OR SOUGHT TO BE AVOIDED BY THE OFFENDER IN THE VIOLATIONS 66
INVOLVED IN THAT COURSE OF CONDUCT. THE COURSE OF CONDUCT MAY 67
INVOLVE ONE VICTIM OR MORE THAN ONE VICTIM. 68
(2) IF THE VIOLATION OF DIVISION (C) OF THIS SECTION 70
OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS 71
OF DIVISION (C) OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO 73
VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF 74
DIVISION (B) OF THIS SECTION OR SECTION 2913.02, 2913.04, 76
2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR 2921.13 OF THE 77
REVISED CODE, THE COURT, IN DETERMINING THE DEGREE OF THE OFFENSE 78
PURSUANT TO DIVISION (E) OF THIS SECTION, MAY AGGREGATE ALL 79
CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE OBTAINED 80
BY THE PERSON AIDED OR ABETTED AND ALL DEBTS OR OTHER LEGAL
OBLIGATIONS AVOIDED OR SOUGHT TO BE AVOIDED BY THE PERSON AIDED 81
OR ABETTED IN THE VIOLATIONS INVOLVED IN THAT COURSE OF CONDUCT. 82
3
THE COURSE OF CONDUCT MAY INVOLVE ONE VICTIM OR MORE THAN ONE 83
VICTIM.
(E) WHOEVER VIOLATES THIS SECTION IS GUILTY OF TAKING THE 86
IDENTITY OF ANOTHER. EXCEPT AS OTHERWISE PROVIDED IN THIS 87
DIVISION, TAKING THE IDENTITY OF ANOTHER IS A MISDEMEANOR OF THE 88
FIRST DEGREE. IF THE VALUE OF THE CREDIT, PROPERTY, SERVICES, 89
DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN THE VIOLATION OR 90
COURSE OF CONDUCT IS FIVE HUNDRED DOLLARS OR MORE AND IS LESS 92
THAN FIVE THOUSAND DOLLARS, TAKING THE IDENTITY OF ANOTHER IS A 93
FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE CREDIT,
PROPERTY, SERVICES, DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN 94
THE VIOLATION OR COURSE OF CONDUCT IS FIVE THOUSAND DOLLARS OR 96
MORE AND IS LESS THAN ONE HUNDRED THOUSAND DOLLARS, TAKING THE 97
IDENTITY OF ANOTHER IS A FELONY OF THE FOURTH DEGREE. IF THE 98
VALUE OF THE CREDIT, PROPERTY, SERVICES, DEBT, OR OTHER LEGAL 99
OBLIGATION INVOLVED IN THE VIOLATION OR COURSE OF CONDUCT IS ONE 100
HUNDRED THOUSAND DOLLARS OR MORE, TAKING THE IDENTITY OF ANOTHER 101
IS A FELONY OF THE THIRD DEGREE. 102