2015 ORS 165.800¹
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 persons 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;

(b) Was under 18 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 tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175 (Unlawful activities); or

(c) Used the personal identification of another person solely for the purpose of misrepresenting the persons 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 persons name, address or telephone number;

(B) A persons driving privileges;

(C) A persons Social Security number or tax identification number;

(D) A persons citizenship status or alien identification number;

(E) A persons employment status, employer or place of employment;

(F) The identification number assigned to a person by a persons employer;

(G) The maiden name of a person or a persons mother;

(H) The identifying number of a persons 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 persons signature or a copy of a persons signature;

(J) A persons electronic mail name, electronic mail signature, electronic mail address or electronic mail account;

(K) A persons photograph;

(L) A persons date of birth; and

(M) A persons personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1; 2013 c.158 §34; 2015 c.158 §25]

Notes of Decisions

Person does not convert per­sonal identifica­tion to per­sons 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 per­sons 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 defendants name was added to victims bank account because defendant was named as victims power of attorney, and defendant withdrew all funds from account, defendant did not commit crime of identity theft because defendant accessed account using defendants 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 defendants own use an­oth­ers per­sonal identifica­tion because defendant did not take, appropriate or divest other per­son of per­sonal identifica­tion for defendants own use. State v. Medina, 357 Or 254, 355 P3d 108 (2015)

Chapter 165

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 165—Offenses Involving Fraud or Deception, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors165.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 165, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano165.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.