Offenses Involving Fraud or Deception

ORS 165.803
Aggravated identity theft

(1)

A person commits the crime of aggravated identity theft if:

(a)

The person violates ORS 165.800 (Identity theft) in 10 or more separate incidents within a 180-day period;

(b)

The person violates ORS 165.800 (Identity theft) and the person has a previous conviction for aggravated identity theft;

(c)

The person violates ORS 165.800 (Identity theft) and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or

(d)

The person violates ORS 165.800 (Identity theft) and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

(2)

Aggravated identity theft is a Class B felony.

(3)

As used in this section, “previous conviction” includes:

(a)

Convictions occurring before, on or after January 1, 2008; and

(b)

Convictions entered in any other state or federal court for comparable offenses.

(4)

The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft. [2007 c.584 §1]

Notes of Decisions

Where defendant had files containing personal information of 27 individuals and state charged defendant with 27 counts of identity theft under ORS 161.800 and, based on same conduct, one count under this section, ORS 161.800 charges merge into charge under this section, with application of ORS 161.067. State v. Gensitskiy, 365 Or 263, 446 P3d 26 (2019)

Source

Last accessed
Mar. 11, 2023

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