REPRESENTATIVES Hughes, Calvert, Carmichael, Collier, Fessler, Goodman, Hoops, Latta, Lendrum, Olman, Reidelbach, Schaffer, Schmidt, G. Smith, Key, R. Miller, Womer Benjamin, Sulzer, Seaver, S. Smith, Brown, Faber, Willamowski

To amend section 2913.49 of the Revised Code to revise

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the elements of and the penalty for taking the

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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	4
amended to read as follows:	5

Sec. 2913.49.  (A) As used in this section, "personal	6
identifying information" includes, but is not limited to, the	7
following: the name, address, telephone number, driver's license,	8
driver's license number, commercial driver's license, commercial	9
driver's license number, state identification card, state	10
identification card number, social security card, social security	11
number, birth certificate, place of employment, employee	12
identification number, mother's maiden name, demand deposit	13
account number, savings account number, money market account	14
number, mutual fund account number, other financial account	15
number, personal identification number, password, or credit card	16
number of a living or dead individual.	17

(B) No person, without the express or implied consent of the	18
other person, shall use, or obtain,or possess, orwith intent to	19
use, any personal identifying information of any living or dead	20
individual with the intent to fraudulently obtain credit,	21
property, or services or avoid the payment of a debt or any other	22
legal obligationanother person to do either of the following or	23
with intent to do either of the following:	24

(1) Hold the person out to be the other person;

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(2) Represent the other person's personal identifying	26
information as the person's own personal identifying information.	27

(C) No person shall create, obtain, possess, or use the	28
personal identifying information of any living or dead individual	29
person with the intent to aid or abet another person in violating	30
division (B) of this section.	31

(D) It is an affirmative defense to a charge under division	32
(B) of this section that any of the following apply:	33

(1) The person using the personal identifying information is	34
acting in accordance with a legally recognized guardianship or	35
conservatorship or as a trustee or fiduciary.	36

(2) A law enforcement agency, authorized fraud personnel, or	37
a representative of or attorney for a law enforcement agency or	38
authorized fraud personnel uses the personal identifying	39
information in a bona fide investigation, an information security	40
evaluation, a pretext calling evaluation, or a similar matter.	41

(3) The personal identifying information was obtained,	42
possessed, or used for a lawful purpose.	43

(E) It is not a defense to a charge under this section that	44
the person whose personal identifying information was obtained,	45
possessed, or used was deceased at the time of the offense.	46

(F)(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	49
violate, conspiracies to violate, or complicity in violations of	50
division (C) of this section or section 2913.02, 2913.04, 2913.11,	51
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised	52
Code, the court, in determining the degree of the offense pursuant	53
to division (E)(G) of this section, may aggregate all credit,	54
property, or services obtained or sought to be obtained by the	55
offender and all debts or other legal obligations avoided or	56
sought to be avoided by the offender in the violations involved in	57
that course of conduct. The course of conduct may involve one	58
victim or more than one victim.	59

(2) If the violation of division (C) of this section occurs	60
as part of a course of conduct involving other violations of	61
division (C) of this section or violations of, attempts to	62
violate, conspiracies to violate, or complicity in violations of	63
division (B) of this section or section 2913.02, 2913.04, 2913.11,	64
2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised	65
Code, the court, in determining the degree of the offense pursuant	66
to division (E)(G) of this section, may aggregate all credit,	67
property, or services obtained or sought to be obtained by the	68
person aided or abetted and all debts or other legal obligations	69
avoided or sought to be avoided by the person aided or abetted in	70
the violations involved in that course of conduct. The course of	71
conduct may involve one victim or more than one victim.	72

(E)(G) Whoever violates this section is guilty of taking the	73
identity of another. Except as otherwise provided in this	74
division, taking the identity of another is a misdemeanor of the	75
first degree. If the value of the credit, property, services,	76
debt, or other legal obligation involved in the violation or	77
course of conduct is five hundred dollars or more and is less than	78
five thousand dollars, taking the identity of another is a felony	79
of the fifthfourth degree. If the value of the credit, property,	80
services, debt, or other legal obligation involved in the	81
violation or course of conduct is five thousand dollars or more	82
and is less than one hundred thousand dollars, taking the identity	83
of another is a felony of the fourththird degree. If the value	84
of the credit, property, services, debt, or other legal obligation	85
involved in the violation or course of conduct is one hundred	86
thousand dollars or more, taking the identity of another is a	87
felony of the thirdsecond degree.	88

Section 2. That existing section 2913.49 of the Revised Code	89
is hereby repealed.	90