165.803
Aggravated identity theft.
(1) A person commits the crime of aggravated identity theft if:
(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]
Notes of Decisions
Cited in
25
cases (
15 in the last 5 years), 2015–2025 · leading case:
State v. Gensitskiy, 446 P.3d 26 (Or. 2019).
State v. Gensitskiy, 446 P.3d 26 (Or. 2019).
· cites it 39× “*28 **265 Aggravated identity theft is defined by ORS 165.803, which the legislature enacted to create a new, more serious crime than identity theft as defined by ORS 165.”
State v. Perkins, 529 P.3d 999 (Or. Ct. App. 2023).
“A jury convicted defendant of aggravated identity theft, ORS 165.803 (Count 1), aggravated first-degree theft, ORS 164.”
State v. Parham, 456 P.3d 690 (Or. Ct. App. 2020).
“205, three counts of aggravated identity theft, ORS 165.803, three counts of first-degree theft, ORS 164.”
State v. Gensitskiy, 401 P.3d 1219 (Or. Ct. App. 2017).
· cites it 2× “800, and aggravated identity theft, ORS 165.803(l)(d). A person commits identity theft “if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.”
State v. Garlitz, 404 P.3d 1090 (Or. Ct. App. 2017).
“For her financial abuse of an elderly man and her fraudulent use of bank cards that she obtained under his name, defendant pleaded guilty to one count of aggravated identity theft, ORS 165.803, and one count of first-degree criminal mistreatment, ORS 163.”
State v. Hampton, 327 Or. App. 28 (Or. Ct. App. 2023).
· cites it 4× “225 or aggravated identity theft under ORS 165.803, the pre- sumptive sentence is 24 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has: “(A) A previous conviction for aggravated theft in…”
State v. Wright, 383 P.3d 385 (Or. Ct. App. 2016).
“Defendant appeals a judgment of conviction for one count of aggravated identity theft, ORS 165.803, 10 counts of identity theft, ORS 165.”
State v. Gatto, 466 P.3d 981 (Or. Ct. App. 2020).
“In this criminal case, defendant appeals from a judgment of conviction for three counts of aggravated iden- tity theft, ORS 165.803, two counts of identity theft, ORS 165.”
Martin v. Kelly, 537 P.3d 200 (Or. Ct. App. 2023).
“See ORS 165.803(1) (defining aggravated identity theft).”
State v. Dent, 525 P.3d 487 (Or. Ct. App. 2023).
· cites it 2× “She argues that the trial court erred in denying her motion to suppress evidence found in a search of her house, and that the court erred when it concluded that Counts 1 to 9 constituted separate criminal episodes for the purpose of calcu- lating her criminal history score.”
State v. McCright, 386 P.3d 141 (Or. Ct. App. 2016).
· cites it 2× “057; 3 seven counts of aggravated identity theft (Counts 11-17), ORS 165.803; 4 three counts of identity theft (Counts 18-20), ORS 165.”
State v. Perkins, 495 P.3d 1289 (Or. Ct. App. 2021).
“Perkins PER CURIAM A jury found defendant guilty of aggravated iden- tity theft, ORS 165.803 (Count 1), aggravated first-degree theft, ORS 164.”
— Or. Rev. Stat. § 165.803(1) — 2 cases
Martin v. Kelly, 537 P.3d 200 (Or. Ct. App. 2023).
“See ORS 165.803(1) (defining aggravated identity theft).”
— Or. Rev. Stat. § 165.803(1)(d) — 1 case
State v. Gensitskiy, 446 P.3d 26 (Or. 2019).
“*28 **265 Aggravated identity theft is defined by ORS 165.803, which the legislature enacted to create a new, more serious crime than identity theft as defined by ORS 165.”
— Or. Rev. Stat. § 165.803(3)(b) — 1 case
— Or. Rev. Stat. § 165.803(l)(d) — 1 case
State v. Gensitskiy, 401 P.3d 1219 (Or. Ct. App. 2017).
“800, and aggravated identity theft, ORS 165.803(l)(d). A person commits identity theft “if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.”
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