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ENGROSSED HOUSE
BILL NO. 3999 By: Fetgatter of the House
and
Pugh of the Senate
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 numbers, 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
money, credit, goods, property or service in the name of the other
person without the co nsent of that person.
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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 t o the personal 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 any 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 p rovision 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
conviction, be guilty of a fe lony punishable by imprisonment in the
custody of the Department of Correct ions for a term of not less than
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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 crimina l
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
communications or data storage devic es or media. The court may
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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.
Passed the House of Representatives the 12th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate