(1) A person commits the crime of aggravated identity theft if:

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felonyup to 10 yearsup to $250,000
For details, see Or. Rev. Stat.161.605

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Terms Used In Oregon Statutes 165.803

  • Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

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

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

(c) The person violates ORS § 165.800 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 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]