Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3999 Comm Sub / Bill

Filed 02/28/2024

                     
 
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STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 3999 	By: Fetgatter 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to crimes and punishment s; amending 
21 O.S. 2021, Section 1533.1, which relates to 
identity theft; authorizing the court to limit or 
prohibit Internet and computer access; allowing for 
the installation of computer monitoring software; and 
providing an effective date . 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     21 O.S. 2021, Section 1533.1, is 
amended to read as follows: 
Section 1533.1 A.  It is unlawful f or any person to willfully 
and with fraudulent intent obtain the name , address, Social Security 
number, date of birth, place of business or em ployment, debit, 
credit or account nu mbers, driver license number or any other 
personal identifying information of another person, living or dead, 
with intent to use, sell or allow an y other person to use or sel l 
such personal identifying information to ob tain or attempt to obtain   
 
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money, credit, goods, property or service in the name of the other 
person without the co nsent of that person. 
B.  It is unlawful for any person to use with f raudulent intent 
the personal identity of another person, living or dead, or any 
information relating to the p ersonal identity of another person, 
living or dead, to obtain or attempt to o btain credit or anything of 
value. 
C.  It is unlawful for any person with fraudulent intent to 
lend, sell, or otherwise offer the use of such person's own name, 
address, Social Security number, date of birth or any other personal 
identifying information or document to any other person with the 
intent to allow such other per son to use the personal iden tifying 
information or document to obtain or attempt to obtain any 
identifying document in the name of such other person. 
D.  It is unlawful for any person to willfully create, modify, 
alter or change any personal identifying in formation of another 
person with fraudulent intent to obtain any money, c redit, goods, 
property, service or an y benefit or thing of value, or to control, 
use, waste, hinder or encumber an other person's credit, accounts, 
goods, property, title, interests, b enefits or entitlements with out 
the consent of that person. 
E.  Any person convicted of violating any provisio n of this 
section shall be guilty of identity theft.  Any person who violates 
the provisions of subsection A, B or D of this section shall, upon   
 
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conviction, be guilty of a fe lony punishable by imprisonment in the 
custody of the Department of Corrections fo r a term of not less than 
one (1) year nor more than five (5) years, or a fin e not to exceed 
One Hundred Thousand Dollars ($100,000.00), or by bot h such fine and 
imprisonment.  Any person who violates the provisions of subsection 
A, B or D of this section, and the victim is an individual who is 
less than eighteen (18) years of age, shall, upon conviction, be 
guilty of a felony punishable by imprison ment in the custody of the 
Department of Corrections for a term of not le ss than two (2) years 
nor more than ten (10) years, or a fine not to exceed One Hundred 
Thousand Dollars ($100,000 .00), or by both such fine and 
imprisonment.  Any person who violates the provisions of subsectio n 
C of this section shall, upon conviction, b e guilty of a misdemeanor 
punishable by imprisonment in the county jail for a term not to 
exceed one (1) year, or a fine not to exceed One Hundred Thousand 
Dollars ($100,000.00), or b y both such fine and impriso nment.  
Restitution to the victim may be orde red in addition to any criminal 
penalty imposed by the court.  The victim of identity theft may 
bring a civil action for damages against any person participating in 
furthering the crime or attempted crime of ide ntity theft. 
F.  In addition to the penalties provided for in subsection E of 
this section, the court may limit or prohibit the person from 
accessing the Internet and from possessing or using computers, as 
defined in Section 1952 of this title, or other electronic   
 
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communications or data storage devic es or media.  The court may 
require the installation of computer monitoring softwar e on 
computers possessed by or used by the person. 
SECTION 2.  This act shall become effective November 1, 2024. 
 
59-2-10587 GRS 02/28/24