Ohio Identity Theft Protection Act

Many states have passed identify theft protection laws in an effort to combat the use of another person's personal information to commit fraud or theft. The state of Ohio enacted its own Identity Theft Protection Act, which is codified in section 2913.49 of the Ohio Revised Code, for this purpose. The Act makes it a crime to use another person's identity in a manner that is inconsistent with the proscribed allowable uses under the law.

Main Provisions

The main provisions of the Ohio Identity Theft Act prohibit the use of an individual's personal identifying information for purposes of misrepresenting his identity or for defrauding a third party. Common articles of information that are frequently used in these types of offenses include driver's licenses, passports, photo I.D. cards, Social Security cards, birth certificates and financial account numbers.

Affirmative Defenses

An "affirmative defense" is a legal term that provides for an exception to the rule or law in question. If an affirmative defense exists in an identity theft case, the person accused of the theft may not be held criminally or civilly liable for using another individual's personal identifying information. Individuals who have been granted guardianship, conservatorship, trustee or fiduciary status may have an affirmative defense to charges of identity theft as long as they used the information in a manner that is permitted within their respective roles. Attorneys and law enforcement officials may also use personal information for conducting investigations.

Deceased Persons

The Ohio law is not limited to the fraudulent use of personal information of living individuals. On the contrary, anyone who uses or attempts to use the personal information of a deceased person fraudulently may be held liable under the Act. The law specifically states that use of a deceased individual's personal information is not an affirmative defense or a legal excuse under the law.

Criminal Penalties

The Ohio Identity Theft Protection Act provides for criminal penalties for individuals who violate the Act by misusing another person's identifying information. Basic violations of the law are categorized as fifth degree felonies under Ohio's statutory scheme. In cases where $100,000 worth of cash, property or credit is involved, the crime will be categorized as a second degree felony.