REPRESENTATIVES Hughes, Calvert, Carmichael, Collier, Fessler, Goodman, Hoops, Latta, Lendrum, Olman, Reidelbach, Schaffer, Schmidt, G. Smith, Key, R. Miller

To amend section 2913.49 of the Revised Code to revise

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the elements of taking the identity of another.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2913.49 of the Revised Code be	3
amended to read as follows:	4

Sec. 2913.49.  (A) As used in this section, "personal	5
identifying information" includes, but is not limited to, the	6
following: the name, address, telephone number, driver's license,	7
driver's license number, commercial driver's license, commercial	8
driver's license number, state identification card, state	9
identification card number, social security card, social security	10
number, place of employment, employee identification number,	11
mother's maiden name, demand deposit account number, savings	12
account number, money market account number, mutual fund account	13
number, other financial account number, personal identification	14
number, password, or credit card number of a living or dead	15
individual.	16

(B) No person, without the other person's consent and for	17
any purpose, shall obtain, possess, or use any unique personal	18
identifying information of anyanother person, living or dead	19
individual with the intent to fraudulently obtain credit,	20
property, or services or avoid the payment of a debt or any other	21
legal obligation, as if it is the person's own unique personal	22
identifying information.	23

(C) No person shall create, obtain, possess, or use the	24
personal identifying information of any living or dead individual	25
with the intent to aid or abet another person in violating	26
division (B) of this section.	27

(D)(1) If the violation of division (B) of this section	28
occurs as part of a course of conduct involving other violations	29
of division (B) of this section or violations of, attempts to	30
violate, conspiracies to violate, or complicity in violations of	31
division (C) of this section or section 2913.02, 2913.04, 2913.11,	32
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised	33
Code, the court, in determining the degree of the offense pursuant	34
to division (E) of this section, may aggregate all credit,	35
property, or services obtained or sought to be obtained by the	36
offender and all debts or other legal obligations avoided or	37
sought to be avoided by the offender in the violations involved in	38
that course of conduct. The course of conduct may involve one	39
victim or more than one victim.	40

(2) If the violation of division (C) of this section occurs	41
as part of a course of conduct involving other violations of	42
division (C) of this section or violations of, attempts to	43
violate, conspiracies to violate, or complicity in violations of	44
division (B) of this section or section 2913.02, 2913.04, 2913.11,	45
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised	46
Code, the court, in determining the degree of the offense pursuant	47
to division (E) of this section, may aggregate all credit,	48
property, or services obtained or sought to be obtained by the	49
person aided or abetted and all debts or other legal obligations	50
avoided or sought to be avoided by the person aided or abetted in	51
the violations involved in that course of conduct. The course of	52
conduct may involve one victim or more than one victim.	53

(E) Whoever violates this section is guilty of taking the	54
identity of another. Except as otherwise provided in this	55
division, taking the identity of another is a misdemeanor of the	56
first degree. If the value of the credit, property, services,	57
debt, or other legal obligation involved in the violation or	58
course of conduct is five hundred dollars or more and is less than	59
five thousand dollars, taking the identity of another is a felony	60
of the fifth degree. If the value of the credit, property,	61
services, debt, or other legal obligation involved in the	62
violation or course of conduct is five thousand dollars or more	63
and is less than one hundred thousand dollars, taking the identity	64
of another is a felony of the fourth degree. If the value of the	65
credit, property, services, debt, or other legal obligation	66
involved in the violation or course of conduct is one hundred	67
thousand dollars or more, taking the identity of another is a	68
felony of the third degree.	69

Section 2. That existing section 2913.49 of the Revised Code	70
is hereby repealed.	71