ORS 165.800
Identity theft


(1)

A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.

(2)

Identity theft is a Class C felony.

(3)

It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:

(a)

Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol, tobacco products as defined in ORS 431A.175 (Definitions) or inhalant delivery systems as defined in ORS 431A.175 (Definitions); or

(b)

Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:

(A)

Place the access to which is restricted based on age; or

(B)

Benefit based on age.

(4)

As used in this section:

(a)

“Another person” means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.

(b)

“Personal identification” includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:

(A)

A person’s name, address or telephone number;

(B)

A person’s driving privileges;

(C)

A person’s Social Security number or tax identification number;

(D)

A person’s citizenship status or alien identification number;

(E)

A person’s employment status, employer or place of employment;

(F)

The identification number assigned to a person by a person’s employer;

(G)

The maiden name of a person or a person’s mother;

(H)

The identifying number of a person’s depository account at a “financial institution” or “trust company,” as those terms are defined in ORS 706.008 (Additional definitions for Bank Act), or a credit card account;

(I)

A person’s signature or a copy of a person’s signature;

(J)

A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;

(K)

A person’s photograph;

(L)

A person’s date of birth; and

(M)

A person’s personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1; 2013 c.158 §34; 2015 c.158 §25; 2017 c.701 §15]

Source: Section 165.800 — Identity theft, https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html.

Notes of Decisions

Person does not convert personal identification to person’s own use by giving police officer false information concerning identity. State v. Fields, 191 Or App 127, 79 P3d 915 (2003)

Intent to “deceive” denotes attempt to obtain benefit to which deceiver is not lawfully entitled and therefore does not include substantial amount of protected speech. State v. Porter, 198 Or App 274, 108 P3d 107 (2005)

Intent to defraud includes intent to cause injury to another person’s legal rights or interests. State v. Alvarez-Amador, 235 Or App 402, 232 P3d 989 (2010)

Victim of crime is any person whose personal identification could be used by another person for deceptive or fraudulent ends, and it is immaterial whether that risk is realized or whether economic or reputational injury actually occurs. State v. Mullen, 245 Or App 671, 263 P3d 1146 (2011), Sup Ct review denied

Where defendant’s name was added to victim’s bank account because defendant was named as victim’s power of attorney, and defendant withdrew all funds from account, defendant did not commit crime of identity theft because defendant accessed account using defendant’s own access credentials. State v. Zibulsky, 266 Or App 633, 338 P3d 750 (2014)

Where defendant gave police officer false name and birthdate and signed fingerprint card and property receipt with same false name, defendant had “intent to deceive” officer as used in this section. State v. Medina, 357 Or 254, 355 P3d 108 (2015)

Where defendant gave police officer false name and birthdate and signed fingerprint card and property receipt with same false name, defendant did not “utter . . . personal identification of another person,” which requires defendant to have issued, delivered, transferred, published, circulated, disseminated or tendered documents. State v. Medina, 357 Or 254, 355 P3d 108 (2015)

Where defendant gave police officer false name and birthdate and signed fingerprint card and property receipt with same false name, defendant did not convert to defendant’s own use another’s personal identification because defendant did not take, appropriate or divest other person of personal identification for defendant’s own use. State v. Medina, 357 Or 254, 355 P3d 108 (2015)

Where defendant’s cellmate willingly allowed defendant to take over telephone call that cellmate made with cellmate’s own personal identification number, defendant did not appropriate cellmate’s personal identification number without consent or permission; thus, defendant did not convert cellmate’s personal identification number to defendant’s own use and did not commit crime of identity theft. State v. Ritter, 280 Or App 281, 380 P3d 1160 (2016)

A person “transfers” personal identification of another by selling or giving possession or control of that personal identification to third person for fraudulent or deceptive purposes. State v. Bowen, 280 Or App 514, 380 P3d 1054 (2016)

Where defendant gave possession or control of victim’s credit card information to retailer for defendant’s own fraudulent use, defendant did not give possession or control of victim’s credit card information to another to use to defraud victim and therefore did not “transfer” credit card under this section. State v. Bowen, 280 Or App 514, 380 P3d 1054 (2016)

Where defendant gave possession or control of victim’s credit card information to third party for third party to use to defraud victim, defendant “transferred” credit card under this section. State v. Bowen, 280 Or App 514, 380 P3d 1054 (2016)

Essence of obtaining or possessing personal identification is exercise of control over identification. State v. Connolly, 296 Or App 492, 439 P3d 481 (2019), Sup Ct review denied

165.002
Definitions for ORS 165.002 to 165.070
165.007
Forgery in the second degree
165.013
Forgery in the first degree
165.017
Criminal possession of a forged instrument in the second degree
165.022
Criminal possession of a forged instrument in the first degree
165.027
Evidence admissible to prove forgery or possession of forged instrument
165.032
Criminal possession of a forgery device
165.037
Criminal simulation
165.042
Fraudulently obtaining a signature
165.047
Unlawfully using slugs
165.055
Fraudulent use of a credit card
165.065
Negotiating a bad check
165.070
Possessing fraudulent communications device
165.072
Definitions for ORS 165.072 and 165.074
165.074
Unlawful factoring of payment card transaction
165.075
Definitions
165.080
Falsifying business records
165.085
Sports bribery
165.090
Sports bribe receiving
165.095
Misapplication of entrusted property
165.100
Issuing a false financial statement
165.102
Obtaining execution of documents by deception
165.109
Failing to maintain a cedar purchase record
165.114
Sale of educational assignments
165.116
Definitions for ORS 165.116 to 165.124
165.117
Metal property transaction records
165.118
Metal property offenses
165.122
Compliance with subpoena for information related to metal transaction
165.124
Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122
165.127
County metal theft plan of action
165.535
Definitions applicable to obtaining contents of communications
165.540
Obtaining contents of communications
165.542
Reports required concerning use of electronic listening device
165.543
Interception of communications
165.545
Prohibitions not applicable to fire or police activities
165.549
Prevention of telephone communications when hostage taken
165.555
Unlawful telephone solicitation of contributions for charitable purposes
165.560
Application of ORS 165.555
165.565
Optional local ordinances
165.570
Improper use of emergency communications system
165.572
Interference with making a report
165.575
Definitions for ORS 165.575 to 165.583
165.577
Cellular counterfeiting in the third degree
165.579
Cellular counterfeiting in the second degree
165.581
Cellular counterfeiting in the first degree
165.583
Exemptions from ORS 165.577, 165.579 and 165.581
165.657
Definitions for ORS 165.659 to 165.669
165.659
General prohibition
165.661
When provider of communication service may use devices
165.663
Use by police
165.667
Order by court
165.669
Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device
165.671
Defense to civil or criminal action
165.673
Disclosure of results prohibited
165.690
Definitions for ORS 165.690, 165.692 and 165.694
165.692
Making false claim for health care payment
165.694
Aggregation of claims
165.696
Who may commence prosecution
165.698
Notice of conviction
165.800
Identity theft
165.803
Aggravated identity theft
165.805
Misrepresentation of age by a minor
165.810
Unlawful possession of a personal identification device
165.813
Unlawful possession of fictitious identification
165.815
Criminal impersonation
165.825
Sale of drugged horse
165.840
“Telegraphic copy” defined for ORS 165.845 and 165.850
165.845
Making and drawing of checks and notes by wire
165.850
Manner of expressing private and official seals in telegrams
165.990
Penalties
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