ORS 165.800: Identity theft.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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 or inhalant delivery systems as defined in ORS 431A.175; 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 an identification number assigned to a noncitizen; (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, 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; 2022 c.97 §4]
This rule cites
- ORS 706.008 — resolved
Cited by
- ORS 131.125: Time limitations.
- ORS 131.602: Prohibited conduct for purposes of instrumentalities of crime.
- ORS 137.717: Presumptive sentences for certain property offenders.
- ORS 163.730: Definitions for ORS 30.866 and 163.730 to 163.750.
- ORS 165.803: Aggravated identity theft.
- ORS 166.715: Definitions for ORS 166.715 to 166.735.
- ORS 192.602: Time for compliance; reimbursement; exceptions.
- ORS 273.192: Removal of personal property; storage; disposal; notice; rules.
- ORS 807.024: Collection of biometric data; establishment of person’s identity; rules; immunity.
- OAR 213-017-0006: Crime Category 6
- OAR 213-017-0007: Crime Category 5
- OAR 213-017-0008: Crime Category 4
- OAR 213-017-0009: Crime Category 3
- OAR 213-017-0010: Crime Category 2
- OAR 213-018-0050: Property Offenses
- OAR 407-007-0041: Potentially Disqualifying Convictions
- OAR 407-007-0281: Temporary rule language in effect until 12/01/2026. Potentially Disqualifying Convictions
- OAR 471-031-0310: Benefits Obtained as a Result of Identity Theft
- OAR 575-007-0280: Potentially Disqualifying Crimes
- OAR 836-072-0020: Crimes Relevant to a Fitness Determination
- OAR 863-005-0030: Crimes Relevant to a Criminal Background Fitness Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors165.html