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As Reported by House Criminal Justice Committee
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 7 |
SENATORS OELSLAGER-BRADY-CUPP-KEARNS-LATTA-McLIN-MUMPER-
SCHAFRATH-BLESSING-HERINGTON-GARDNER-CARNES-WATTS-SPADA-
DRAKE-HOTTINGER-JOHNSON-RAY-LATELL-
REPRESENTATIVES ROMAN-
WOMERBENJAMIN-CALLENDER-BUEHRER-GOODMAN-LUCAS-
LOGAN-TAYLOR
A BILL
To enact section 2913.49 of the Revised Code to create the
offense of taking the identity of
another.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2913.49 of the Revised Code be enacted
to read as follows:
Sec. 2913.49. (A) AS USED IN THIS SECTION,
"PERSONAL IDENTIFYING INFORMATION" INCLUDES, BUT IS NOT LIMITED TO, THE
FOLLOWING: THE NAME, ADDRESS,
TELEPHONE NUMBER, DRIVER'S LICENSE, DRIVER'S LICENSE NUMBER,
COMMERCIAL DRIVER'S LICENSE, COMMERCIAL DRIVER'S LICENSE NUMBER,
STATE IDENTIFICATION CARD, STATE IDENTIFICATION CARD NUMBER,
SOCIAL SECURITY CARD, SOCIAL SECURITY NUMBER, PLACE OF
EMPLOYMENT, EMPLOYEE IDENTIFICATION NUMBER, MOTHER'S MAIDEN
NAME, DEMAND DEPOSIT ACCOUNT NUMBER, SAVINGS ACCOUNT NUMBER,
MONEY MARKET ACCOUNT NUMBER, MUTUAL FUND ACCOUNT NUMBER, OTHER
FINANCIAL ACCOUNT NUMBER, PERSONAL IDENTIFICATION NUMBER,
PASSWORD, OR CREDIT CARD NUMBER OF AN INDIVIDUAL.
(B) NO PERSON SHALL OBTAIN, POSSESS, OR USE
ANY PERSONAL IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT
TO FRAUDULENTLY OBTAIN CREDIT, PROPERTY, OR SERVICES OR AVOID
THE PAYMENT OF A DEBT OR ANY OTHER LEGAL OBLIGATION.
(C) NO PERSON SHALL CREATE, OBTAIN, POSSESS, OR USE THE PERSONAL
IDENTIFYING INFORMATION OF ANOTHER WITH THE INTENT TO AID OR ABET ANOTHER
PERSON IN VIOLATING DIVISION (B) OF THIS SECTION.
(D)(1) IF THE VIOLATION OF DIVISION (B) OF
THIS SECTION OCCURS AS PART OF A COURSE OF CONDUCT INVOLVING
OTHER VIOLATIONS OF DIVISION (B) OF THIS SECTION OR VIOLATIONS OF,
ATTEMPTS
TO VIOLATE, CONSPIRACIES TO VIOLATE, OR COMPLICITY IN VIOLATIONS OF DIVISION
(C) OF THIS SECTION OR SECTION 2913.02, 2913.04, 2913.11, 2913.21,
2913.31, 2913.42, 2913.43, OR 2921.13 OF THE
REVISED
CODE, THE COURT, IN DETERMINING
THE DEGREE OF THE OFFENSE PURSUANT TO DIVISION
(E) OF THIS SECTION, MAY
AGGREGATE ALL CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT
TO BE OBTAINED BY THE OFFENDER AND ALL DEBTS OR OTHER LEGAL
OBLIGATIONS AVOIDED OR SOUGHT TO BE AVOIDED BY THE OFFENDER IN
THE VIOLATIONS INVOLVED IN THAT COURSE OF
CONDUCT. THE COURSE OF CONDUCT MAY INVOLVE ONE VICTIM OR MORE THAN ONE
VICTIM.
(2) IF THE VIOLATION OF DIVISION (C) OF THIS SECTION OCCURS AS
PART OF A COURSE OF CONDUCT INVOLVING OTHER VIOLATIONS OF DIVISION
(C)
OF THIS SECTION OR VIOLATIONS OF, ATTEMPTS TO VIOLATE, CONSPIRACIES TO
VIOLATE, OR COMPLICITY IN VIOLATIONS OF DIVISION (B) OF THIS SECTION
OR SECTION 2913.02,
2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, OR
2921.13 OF THE REVISED CODE, THE COURT, IN DETERMINING THE
DEGREE OF THE OFFENSE PURSUANT TO DIVISION (E) OF THIS SECTION, MAY
AGGREGATE ALL CREDIT, PROPERTY, OR SERVICES OBTAINED OR SOUGHT TO BE
OBTAINED BY THE PERSON AIDED OR ABETTED AND ALL DEBTS OR OTHER LEGAL
OBLIGATIONS AVOIDED OR SOUGHT TO BE AVOIDED BY THE PERSON AIDED OR ABETTED
IN THE VIOLATIONS INVOLVED IN THAT COURSE OF CONDUCT. THE COURSE OF
CONDUCT MAY INVOLVE ONE VICTIM OR MORE THAN ONE VICTIM.
(E) WHOEVER VIOLATES
THIS SECTION IS GUILTY OF TAKING THE IDENTITY OF ANOTHER.
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, TAKING THE
IDENTITY OF ANOTHER IS A MISDEMEANOR OF THE FIRST DEGREE. IF
THE VALUE OF THE CREDIT, PROPERTY, SERVICES, DEBT, OR OTHER
LEGAL OBLIGATION INVOLVED IN THE VIOLATION OR COURSE OF CONDUCT IS FIVE
HUNDRED DOLLARS OR MORE AND IS
LESS THAN FIVE THOUSAND DOLLARS, TAKING THE IDENTITY OF ANOTHER
IS A FELONY OF THE FIFTH DEGREE. IF THE VALUE OF THE CREDIT,
PROPERTY, SERVICES, DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN THE VIOLATION
OR COURSE OF CONDUCT IS
FIVE THOUSAND DOLLARS OR MORE AND IS LESS THAN ONE HUNDRED
THOUSAND DOLLARS, TAKING THE IDENTITY OF ANOTHER IS A FELONY OF
THE FOURTH DEGREE. IF THE VALUE OF THE CREDIT, PROPERTY,
SERVICES, DEBT, OR OTHER LEGAL OBLIGATION INVOLVED IN THE VIOLATION OR COURSE
OF CONDUCT IS ONE
HUNDRED THOUSAND DOLLARS OR MORE, TAKING THE IDENTITY OF ANOTHER
IS A FELONY OF THE THIRD DEGREE.
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