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Ohio Revised Code

Ohio Rev. Code § 2913.49 (2026)

Identity fraud

✓ current as of May 2026
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Effective:
March 20, 2019
Latest Legislation:
Senate Bill 158 - 132nd General Assembly
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(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, birth certificate, 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 a living or dead 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), (C), (D), or (E) of this section that either of the following applies:

(a) The person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is 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, obtaining, possessing, or creating the personal identifying information or permitting it to be used, with prior consent given as specified in this division, in a bona fide investigation, an information security evaluation, a pretext calling evaluation, or a similar matter. The prior consent required under this division shall be given by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or, if the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used is deceased, by that deceased person's executor, or a member of that deceased person's family, or that deceased person's attorney. The prior consent required under this division may be given orally or in writing by the person whose personal identifying information is being used, obtained, possessed, or created or is being permitted to be used or that person's executor, or family member, or attorney.

(b) The personal identifying information was obtained, possessed, used, created, or permitted to be used for a lawful purpose, provided that division (F)(2)(b) of this section does not apply if the person or entity using, obtaining, possessing, or creating the personal identifying information or permitting it to be used is a law enforcement agency, authorized fraud personnel, or a representative of or attorney for a law enforcement agency or authorized fraud personnel that is using, obtaining, possessing, or creating the personal identifying information or permitting it to be used in an investigation, an information security evaluation, a pretext calling evaluation, or similar matter.

(G) It is not a defense to a charge under this section that the person whose personal identifying information was obtained, possessed, used, created, or permitted to be used was deceased at the time of the offense.

(H)(1) If an offender commits a violation of division (B), (D), or (E) of this section and the violation 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 section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, 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 sought 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 an offender commits a violation of division (C) of this section and the violation 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 section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, 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)(1) Whoever violates this section is guilty of identity fraud.

(2) Except as otherwise provided in this division or division (I)(3) of this section, identity fraud is a felony of the fifth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one thousand dollars or more and is less than seven thousand five hundred dollars, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the fourth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the third degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one hundred fifty thousand dollars or more, except as otherwise provided in division (I)(3) of this section, identity fraud is a felony of the second degree.

(3) If the victim of the offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, a violation of this section is identity fraud against a person in a protected class. Except as otherwise provided in this division, identity fraud against a person in a protected class is a felony of the fourth degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one thousand dollars or more and is less than seven thousand five hundred dollars, identity fraud against a person in a protected class is a felony of the third degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, identity fraud against a person in a protected class is a felony of the second degree. If the value of the credit, property, services, debt, or other legal obligation involved in the violation or course of conduct is one hundred fifty thousand dollars or more, identity fraud against a person in a protected class is a felony of the first degree. If the victim of the offense is an elderly person, in addition to any other penalty imposed for the offense, the offender shall be required to pay full restitution to the victim and to pay a fine of up to fifty thousand dollars. The clerk of court shall forward all fines collected under division (I)(3) of this section to the county department of job and family services to be used for the reporting and investigation of elder abuse, neglect, and exploitation or for the provision or arrangement of protective services under sections 5101.61 to 5101.71 of the Revised Code.

(J) In addition to the penalties described in division (I) of this section, anyone injured in person or property by a violation of division (B), (D), or (E) of this section who is the owner of the identifying information involved in that violation has a civil action against the offender pursuant to section 2307.60 of the Revised Code. That person may also bring a civil action to enjoin or restrain future acts that would constitute a violation of division (B), (D), or (E) of this section.
Notes of Decisions
Cited in 164 cases (76 in the last 5 years), 2005–2026 · leading case: Jacobson v. Kaforey (Slip Opinion), 2016 Ohio 8434 (Ohio 2016).
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Jacobson v. Kaforey (Slip Opinion), 2016 Ohio 8434 (Ohio 2016). · cites it 22× “{¶ 48} In 1999, the General Assembly enacted R.C. 2913.49, thereby making it a crime in Ohio to take the identity of another.”
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018). “13(A)(1) and (2) ) (Counts 19, 20, 21, and 22); identity fraud ( R.C. 2913.49(B)(1) ) (Count 23); two counts of grand theft ( R.”
State v. Nichter, 2019 Ohio 279 (Ohio Ct. App. 2019). · cites it 4× “02, 22 counts of identity fraud under R.C. 2913.49, 20 counts of forgery under R.”
Evans v. Ohio Atty. Gen., 2021 Ohio 1146 (Ohio Ct. App. 2021). · cites it 12× “42(A)(1) and R.C. 2913.49(A); that his rights under the First, Ninth, and Fourteenth Amendments to the United States Constitution had been violated; and that he had been placed in a false light which “could lead to a false arrest, or an entire array of problems criminally, or…”
State v. Cross, 2019 Ohio 3133 (Ohio Ct. App. 2019). · cites it 10× “Identity fraud is prohibited by R.C. 2913.49, which provides that “[n[o person, without the express or implied consent of the other person, shall use, obtain, or possess 5 any personal identifying information of another person with intent to * * * [r]epresent the other person’s…”
State v. Smith, 2023 Ohio 598 (Ohio Ct. App. 2023). · cites it 4× “Smith through a bill of information with three felonies: Count One: Identity Fraud of an Elderly or Disabled Person, in violation of R.C. §2913.49(B)(1), a felony of the second degree; Count Two: Theft from an Elderly or Disabled Person, in violation of R.”
State v. Reed, 2021 Ohio 1623 (Ohio Ct. App. 2021). · cites it 2× “12(A)(1), (D), felonies of the second degree; and Count 4: identity fraud, in violation of R.C. 2913.49(E), (I)(2), a felony of the third degree.”
State v. Sims, 2023 Ohio 1179 (Ohio Ct. App. 2023). · cites it 2× “02(A)(1), and (4) one count of identity fraud, in violation of R.C. 2913.49(B)(1). Appellant pleaded not guilty to all charges.”
State v. Nichter, 2016 Ohio 7268 (Ohio Ct. App. 2016). · cites it 3× “02, 22 counts of identity fraud under R.C. 2913.49, 20 counts of forgery under R.”
State v. Wharton, 2015 Ohio 5026 (Ohio Ct. App. 2015). · cites it 6× “05(A), a felony of the fifth degree, and one count of identity fraud in violation of R.C. 2913.49(B)(1), a felony of the fifth degree.”
State v. Eames, 2024 Ohio 183 (Ohio Ct. App. 2024). · cites it 2× “02(A)(1) and (B)(2), each a first-degree misdemeanor; seven counts of identity fraud in violation of R.C. 2913.49(B)(2), each a fifth-degree felony; and ten counts of theft in violation of R.”
State v. Cass, 2024 Ohio 2614 (Ohio Ct. App. 2024). · cites it 4× “R.C. 2913.49(A). On the other hand, the theft statute provides: “No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services * * * [w]ithout the consent of the owner or person authorized to…”
Show all 164 citing cases →
— Ohio Rev. Code § 2913.49(A) — 7 cases
Evans v. Ohio Atty. Gen., 2021 Ohio 1146 (Ohio Ct. App. 2021). “42(A)(1) and R.C. 2913.49(A); that his rights under the First, Ninth, and Fourteenth Amendments to the United States Constitution had been violated; and that he had been placed in a false light which “could lead to a false arrest, or an entire array of problems criminally, or…”
State v. DeGenero, 2017 Ohio 624 (Ohio Ct. App. 2017).
State v. Cass, 2024 Ohio 2614 (Ohio Ct. App. 2024). “R.C. 2913.49(A). On the other hand, the theft statute provides: “No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services * * * [w]ithout the consent of the owner or person authorized to…”
State v. Staysniak, 2021 Ohio 4099 (Ohio Ct. App. 2021).
State v. Edwards, 2018 Ohio 1739 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2913.49(B) — 17 cases
State v. Gordon, 2017 Ohio 7147 (Ohio Ct. App. 2017).
Evans v. Ohio Atty. Gen., 2021 Ohio 1146 (Ohio Ct. App. 2021). “42(A)(1) and R.C. 2913.49(A); that his rights under the First, Ninth, and Fourteenth Amendments to the United States Constitution had been violated; and that he had been placed in a false light which “could lead to a false arrest, or an entire array of problems criminally, or…”
State v. Edwards, 2018 Ohio 1739 (Ohio Ct. App. 2018).
State v. DeGenero, 2017 Ohio 624 (Ohio Ct. App. 2017).
State v. Cross, 2019 Ohio 3133 (Ohio Ct. App. 2019). “Identity fraud is prohibited by R.C. 2913.49, which provides that “[n[o person, without the express or implied consent of the other person, shall use, obtain, or possess 5 any personal identifying information of another person with intent to * * * [r]epresent the other person’s…”
— Ohio Rev. Code § 2913.49(B)(1) — 68 cases
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018). “13(A)(1) and (2) ) (Counts 19, 20, 21, and 22); identity fraud ( R.C. 2913.49(B)(1) ) (Count 23); two counts of grand theft ( R.”
State v. Smith, 2023 Ohio 598 (Ohio Ct. App. 2023). “Smith through a bill of information with three felonies: Count One: Identity Fraud of an Elderly or Disabled Person, in violation of R.C. §2913.49(B)(1), a felony of the second degree; Count Two: Theft from an Elderly or Disabled Person, in violation of R.”
State v. Sims, 2023 Ohio 1179 (Ohio Ct. App. 2023). “02(A)(1), and (4) one count of identity fraud, in violation of R.C. 2913.49(B)(1). Appellant pleaded not guilty to all charges.”
State v. Wharton, 2015 Ohio 5026 (Ohio Ct. App. 2015). “05(A), a felony of the fifth degree, and one count of identity fraud in violation of R.C. 2913.49(B)(1), a felony of the fifth degree.”
State v. Howard, 2020 Ohio 5057 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2913.49(B)(1)(1)(2) — 1 case
Panezich v. Green, 2016 Ohio 7948 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2913.49(B)(1)(I)(2) — 2 cases
State v. Panezich, 2018 Ohio 2812 (Ohio Ct. App. 2018).
State v. Dirocco, 2022 Ohio 3221 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2913.49(B)(2) — 44 cases
State v. Eames, 2024 Ohio 183 (Ohio Ct. App. 2024). “02(A)(1) and (B)(2), each a first-degree misdemeanor; seven counts of identity fraud in violation of R.C. 2913.49(B)(2), each a fifth-degree felony; and ten counts of theft in violation of R.”
State v. DeLuca, 2021 Ohio 1007 (Ohio Ct. App. 2021).
State v. Hawke, 2020 Ohio 511 (Ohio Ct. App. 2020).
State v. Austin, 2018 Ohio 3048 (Ohio Ct. App. 2018).
State v. Ramunas, 2021 Ohio 3191 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2913.49(B)(l) — 2 cases
Thompson v. Bracy (N.D. Ohio 2022).
State v. Durham, 2020 Ohio 4758 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2913.49(C) — 3 cases
State v. Mock, 2018 Ohio 268 (Ohio Ct. App. 2018).
State v. Lett, 2016 Ohio 4811 (Ohio Ct. App. 2016).
State v. Lumbus, 2013 Ohio 4592 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2913.49(D) — 2 cases
State v. Cisse, 2013 Ohio 3895 (Ohio Ct. App. 2013).
State v. Cisse, 2013 Ohio 3894 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2913.49(E) — 6 cases
State v. Reed, 2021 Ohio 1623 (Ohio Ct. App. 2021). “12(A)(1), (D), felonies of the second degree; and Count 4: identity fraud, in violation of R.C. 2913.49(E), (I)(2), a felony of the third degree.”
State v. Cottingham, 2020 Ohio 4220 (Ohio Ct. App. 2020).
State v. Moore, 2022 Ohio 409 (Ohio Ct. App. 2022).
State v. Miller, 2022 Ohio 2187 (Ohio Ct. App. 2022).
State v. Cisse, 2013 Ohio 3895 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2913.49(E)(H) — 1 case
State v. James, 2022 Ohio 1994 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2913.49(F) — 1 case
State v. Cross, 2019 Ohio 3133 (Ohio Ct. App. 2019). “Identity fraud is prohibited by R.C. 2913.49, which provides that “[n[o person, without the express or implied consent of the other person, shall use, obtain, or possess 5 any personal identifying information of another person with intent to * * * [r]epresent the other person’s…”
— Ohio Rev. Code § 2913.49(F)(2) — 1 case
State v. Cross, 2019 Ohio 3133 (Ohio Ct. App. 2019). “Identity fraud is prohibited by R.C. 2913.49, which provides that “[n[o person, without the express or implied consent of the other person, shall use, obtain, or possess 5 any personal identifying information of another person with intent to * * * [r]epresent the other person’s…”
— Ohio Rev. Code § 2913.49(F)(2)(b) — 2 cases
State v. Williams, 2014 Ohio 4425 (Ohio Ct. App. 2014).
State v. Cross, 2019 Ohio 3133 (Ohio Ct. App. 2019). “Identity fraud is prohibited by R.C. 2913.49, which provides that “[n[o person, without the express or implied consent of the other person, shall use, obtain, or possess 5 any personal identifying information of another person with intent to * * * [r]epresent the other person’s…”
— Ohio Rev. Code § 2913.49(H)(1) — 1 case
State v. Minich, 2017 Ohio 9262 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2913.49(I)(1) — 1 case
State v. Schmitz, 2012 Ohio 2979 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2913.49(I)(2) — 3 cases
State v. Minich, 2017 Ohio 9262 (Ohio Ct. App. 2017).
State v. Washington, 2024 Ohio 2277 (Ohio Ct. App. 2024).
State v. Landry, 2022 Ohio 4420 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2913.49(I)(3) — 2 cases
State v. Braley, 2022 Ohio 2489 (Ohio Ct. App. 2022).
State v. Minich, 2017 Ohio 9262 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2913.49(J) — 4 cases
Jacobson v. Kaforey (Slip Opinion), 2016 Ohio 8434 (Ohio 2016). “{¶ 48} In 1999, the General Assembly enacted R.C. 2913.49, thereby making it a crime in Ohio to take the identity of another.”
Evans v. Ohio Atty. Gen., 2021 Ohio 1146 (Ohio Ct. App. 2021). “42(A)(1) and R.C. 2913.49(A); that his rights under the First, Ninth, and Fourteenth Amendments to the United States Constitution had been violated; and that he had been placed in a false light which “could lead to a false arrest, or an entire array of problems criminally, or…”
Carlotta v. Higher Educ. Loan Auth. of The State Of Missouri Inc. (S.D. Ohio 2025).
Carlotta (S.D. Ohio 2026).
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