The ORS Identity Theft Law Guide: Felony or Misdemeanor?

ORS identity theft doesn’t just mean stealing a credit card or hacking into someone’s email. It covers a wide range of actions involving someone else’s personal information. Even holding another person's information with the intent to use it fraudulently can qualify as identity theft in Oregon. The focus isn’t just on what someone does—it’s about their intent to deceive or wrongfully gain access to something they aren’t entitled to. 

What is Identity Theft in Oregon? 

According to ORS 165.800, identity theft occurs when someone, with the intent to deceive or defraud, obtains, possesses, transfers, creates, or uses another person's personal identification without authorization. Some common examples of ORS identity theft might include: 

● Using Someone Else’s Credit Card: Making purchases with another person's credit card information without their consent. 

● Opening Accounts Fraudulently: Applying for loans, credit cards, or utility services using someone else's personal details. 

● Creating Fake IDs: Producing or using counterfeit identification documents bearing another person's information. 

● Possessing Multiple IDs: Holding identification documents from ten or more different individuals, which can indicate intent to commit identity theft. 

● Repeat Offenses: Committing identity theft after a prior conviction for aggravated identity theft. 

What is Considered Personal Identification?

In Oregon, “personal identification” includes more than just your name or Social Security number. It’s any data that can be used to identify you. This includes things like your driver’s license, date of birth, bank account numbers, or credit card information. 

It also covers biometric data, like fingerprints or retina scans, and even things like passwords, PINs, or electronic signatures. If it’s tied to your identity and someone could use it to pretend to be you, it likely counts.

Even documents like health insurance cards or employee ID numbers can qualify. Basically, if someone uses it without your permission to access money, credit, or benefits, it’s identity theft. 

Is Identity Theft a Misdemeanor or Felony in Oregon? 

Oregon Identity theft is always treated as a felony. It’s not something the courts take lightly, even for first-time offenders. This means it’s considered a serious crime, on the same level as theft of property over $1,000 or certain types of forgery. Being charged with a felony in Oregon has long-term consequences beyond jail or fines. It can affect future employment, housing, and even your right to own firearms. 

What Are The Possible Penalties and Charges 

Identity theft is a Class C felony in Oregon. If convicted of standard identity theft, you could face: 

● Up to 5 years in prison 

● Fines as high as $125,000 

Judges may consider your criminal history, how the identity was used, and whether anyone suffered financial harm. 

What is Aggravated Identity Theft in Oregon?

Aggravated identity theft in Oregon is a far more serious form of identity theft, involving additional factors that elevate the crime's severity. While standard identity theft involves unauthorized use of someone's personal information, aggravated identity theft includes specific aggravating circumstances: 

● Multiple Offenses: Committing identity theft in ten or more separate incidents within a 180-day period. 

● Prior Convictions: Having a previous conviction for aggravated identity theft. 

● Significant Financial Loss: Causing losses totaling $10,000 or more within a 180-day period. 

● Possession of Multiple IDs: Possessing ten or more pieces of personal identification from ten or more different individuals.

Penalties for Aggravated Identity Theft 

Aggravated identity theft in Oregon is a Class B felony, which carries more severe penalties than standard identity theft. A conviction can result in up to 10 years in prison and fines reaching $250,000.

For individuals with prior convictions for certain property crimes, including aggravated identity theft, Oregon law prescribes a presumptive sentence of 24 months of incarceration. If the offense ties into a federal terrorism-related crime, the prison time can jump to five years. In cases where major financial losses are involved, the sentence could reach as high as 25 years. 

The ORS Identity Theft Guide Conclusion 

Identity theft in Oregon is a complex offense with serious legal consequences, especially when it involves aggravating factors. From how the crime is committed to the level of harm it causes, Oregon law takes a detailed and firm approach in handling these cases. 

If you’re facing identity theft charges—or any criminal accusations—you don’t have to go through it alone. At Powell Law, we know how overwhelming the legal system can feel. Our team is here to guide you, protect your rights, and build a strong defense. Whether it’s negotiating with prosecutors or fighting for you in court, we’re committed to getting you the best possible outcome.