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SENATE FLOOR VERSION
April 4, 2024
ENGROSSED HOUSE
BILL NO. 3999 By: Fetgatter of the House
and
Pugh of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1533.1, which relates to
identity theft; authorizing t he 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 for any person to willfully
and with fraudulent intent obtain the name, address, Social Security
number, date of birth, place of business or employment, d ebit,
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 any other person to use or sell
such personal identifying information to obtain or att empt to obtain
money, credit, goods, property or service in the name of the other
person without the consent of that person.
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B. It is unlawful for any person to use with fraudulent intent
the personal identity of another person, living or dead, or any
information relating to the personal identity of another person,
living or dead, to obtain or attempt to obtain 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 ow n 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 person to use the personal identifying
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 person al identifying information of another
person with fraudulent intent to obtain any money, credit, good s,
property, service or any benefit or thing of value, or to control,
use, waste, hinder or encumber another person's credit, accounts,
goods, property, title, interests, benefits or entitlements without
the consent of that person.
E. Any person convicted of violating any provision of this
section shall be guilty of identity theft. Any person who violates
the provisions of subsection A, B or D of this sect ion shall, upon
conviction, be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a term of not less than
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one (1) year nor more than five (5) 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 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 punis hable by imprisonment in the custody of the
Department of Corrections for a term of not less 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 subsection
C of this section shall, upon conviction, be 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 by both such fine and imprisonment.
Restitution to the victim may be ordered in addi tion 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 identity theft.
F. In addition to the penalties provided f or 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 devices or media . The court may
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require the installation of computer monitoring software on
computers possessed by or used by the person.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 4, 2024 - DO PASS