Using someone else’s information in order to obtain a benefit is a crime in every state, including Oregon. Oregon has two primary laws that criminalize different identity theft behaviors.
Read Identity Theft Law if you’d like to know more information about these types of laws.
Anyone in Oregon who possesses, obtains, creates, transfers, or otherwise uses another person’s personal identifying information with the intent to deceive or defraud commits the crime of identity theft.
However, using personal identification to represent your age in order to buy alcohol if you are under 21, or to buy tobacco if you are under 18, is not considered identity theft. It’s also not identity theft if you use another person’s identification information to misrepresent your age in order to gain access to an age-restricted location, such as a bar; or to obtain a benefit that is based on age, such as entering a contest that requires contestants to be at least 18.
Identity theft is a Class C felony offense in Oregon.
(Oregon Revised Statutes Annotated section 165.800)
Personal identification information is anything that can be used to identify an individual. It includes, but is not limited to, a person’s name or address, Social Security number, mother’s maiden name, photograph, date of birth, or e-mail address.
Oregon also has a law that punishes some instances of identity theft as aggravated crimes. Aggravated identity theft is more serious than regular identity theft and is punished as a Class B felony. A person commits aggravated identity theft when he or she commits identity theft:
Identity theft is a felony crime in Oregon, and anyone convicted faces significant potential penalties. The particular sentence any court will impose depends upon the circumstances of each case and the specific crimes charged.
It is in your best interests to seek the advice of an experienced Oregon attorney as soon as you are charged with, or learn you are being investigated for, any identity theft crime. Only an attorney who has experience in local criminal courts can give you advice about your situation. You shouldn’t make any decisions about your case or speak to investigators until you have received legal advice from an area attorney.