(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, without the express or implied consent of the other person, shall use, obtain, or possess any personal identifying information of another person with intent to do either of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person’s personal identifying information as the person’s own personal identifying information.
(c) No person shall create, obtain, possess, or use the personal identifying information of any person with the intent to aid or abet another person in violating division (b) of this section.
(d) No person, with intent to defraud, shall permit another person to use the person’s own personal identifying information.
(e) No person who is permitted to use another person’s personal identifying information as described in division (d) of this section shall use, obtain, or possess the other person’s personal identifying information with intent to defraud any person by doing any act identified in division (b)(1) or (2) of this section.
(f) (1) It is an affirmative defense to a charge under division (b) of this section that the person using the personal identifying information is acting in accordance with a legally recognized guardianship or conservatorship or as a trustee or fiduciary.
(2) It is an affirmative defense to a charge under division (b), (d), or (e) of this section that either of the following applies:
A. The person or entity using the personal identifying information as a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel and is using the personal identifying information in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter.
B. The personal identifying information was obtained, possessed, or used for a lawful purpose.
(g) It is not a defense to a charge under this section that the person whose personal identifying information was obtained, possessed, or used was deceased at the time of the offense.
(h) (1) If the violation of division (b), (d) or (e) of this section occurs as part of a course of conduct involving other violations of division (b), (d) or (e) of this section or violations of, attempts to violate, conspiracies to violate, or complicity in violations of division (c) of this section or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 or substantially equivalent municipal ordinance, the court in determining the degree of the offense pursuant to division (i) 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 sough 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), (d) or (e) of this section or Ohio R.C. 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43 or 2921.13 or substantially equivalent municipal ordinance, the court, in determining the degree of the offense pursuant to division (i) 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.
(i) Whoever violates this section is guilty of identity fraud. Except as otherwise provided in this division, identity fraud 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 ($500.00) or more, identity fraud is a felony and shall be prosecuted under appropriate State law.
(ORC 2913.49)