1. A. It is unlawful for any person to willfully and with fraudulent intent obtain or be in possession of the:

   1. 1. Name;
   2. 2. Address;
   3. 3. Social Security number;
   4. 4. Date of birth;
   5. 5. Email address;
   6. 6. Telephone number;
   7. 7. Place of business or employment;
   8. 8. Debit, credit or account numbers;
   9. 9. Yet-to-be-issued debit, credit, or account number;
   10. 10. Security code;
   11. 11. Personal identification number (PIN);
   12. 12. Retirement account number;
   13. 13. Check, checkbook, or deposit number;
   14. 14. Preapproved credit card or credit card number;
   15. 15. Logo of a financial institution;
   16. 16. Unique peer-to-peer payment identifier, login, or password;
   17. 17. Usernames, passwords, or username and password combinations for any account or Internet-based platform, including a social media account or cryptocurrency account;
   18. 18. Answers to security questions for an account;
   19. 19. Internet Protocol (IP) address;
   20. 20. Receipts or documents depicting full or partial debit or credit card numbers;
   21. 21. Digital credit card or debit card or the full or partial digital credit card or debit card number;
   22. 22. Any bank record or document;
   23. 23. A unique customer identifying number;
   24. 24. Digital wallet or digital key including a private key;
   25. 25. Mortgage document, deed, or other unique mortgage number or information;
   26. 26. Credit history or credit score;
   27. 27. Driver license or driver license number;
   28. 28. Temporarily issued driver license or temporarily issued driver license number;
   29. 29. Identification card or identification card number;
   30. 30. Tribal card or tribal card number;
   31. 31. Voter registration card or information;
   32. 32. Medical marijuana card or medical marijuana card number;
   33. 33. Casino card or casino card number;
   34. 34. Employment or school access card or number;
   35. 35. Government access card or number;
   36. 36. Vehicle identification number;
   37. 37. Vehicle license plate or vehicle license plate number;
   38. 38. Unique identifying number of an auto dealer;
   39. 39. Turnpike account information or number;
   40. 40. Insurance policy number;
   41. 41. Title of a vehicle;
   42. 42. International Mobile Subscriber Identity (IMSI) number or IMSI information;
   43. 43. International Mobile Equipment Identifier (IMEI) or IMEI information;
   44. 44. Subscriber Identity Module (SIM) or SIM information;
   45. 45. A frequency or signal transmitted by a motor vehicle;
   46. 46. Any unique government-issued identification number including identification numbers issued to motor carriers, persons employed in the trades, or medical, cosmetology, or dental license certification or license numbers;
   47. 47. Government benefits number or government benefits card;
   48. 48. Tax documents or information contained in such documents;
   49. 49. Employer identification number (EIN);
   50. 50. Passport;
   51. 51. Notary stamp;
   52. 52. Medical document;
   53. 53. Biometric data;
   54. 54. Voice;
   55. 55. Fingerprints or footprints;
   56. 56. Retinal scan;
   57. 57. Deoxyribonucleic acid (DNA) or other biological characteristic;
   58. 58. Unique medical identification numbers or medical history information;
   59. 59. Military document containing any type of personal or sensitive military identification numbers or information;
   60. 60. Opened or unopened mail not addressed to the person possessing it; or
   61. 61. Any other identifying digital, biological, or physical information that poses a safety, security, or fraud risk to the identity or assets of another person, business, or company, whether the information is in its physical form or noted in some other means, including digitally, by photograph, or manually noted by other methods, of a person, living or dead, or of a business or company, with intent to use, sell or allow any other person to use or sell such personal identifying information or business or company information, or to use the information to retain any item of value, or to obtain or attempt to obtain money or anything of value, credit, loans, new accounts, monetary reimbursements, goods, merchandise, gift cards, property, service, or any benefit in the name of the other person, business, or company without the knowledge or consent of that person, business, or company. Each article of personal identifying information or business or company information shall constitute a separate offense. The method or means of acquiring any money, property, or thing of value shall constitute a separate offense.
2. B. The possession of five or more articles of personal identifying information, as provided for in paragraphs 1 through 61 of subsection A of this section, without the consent of the owner and each article being of a different person, business, or company, shall constitute aggravated identity theft. There shall be a rebuttable presumption that the person in possession of the personal identifying information is possessing such identifying information with the intent to defraud.

3. C. It shall be unlawful for any person, business, or company to willfully and with fraudulent intent:

   1. 1. Create, use, present, display, or build a physical, digital, or online profile as a person, business, company, or other entity or use a stolen or synthetic identity to purport to be the same; or
   2. 2. Use a logo, telephone number, or other common marking or letterhead of a business, company, or other entity, with the consequence of false representation of authenticity, to acquire a license, money, new account, real or digital property, merchandise, or anything of value from a person, retailer, financial institution, government entity, business, or company.
4. D. Any person utilizing an electronic device, including, but not limited to, a cellular device, Voice over Internet Protocol, computer, computer network, artificial intelligence (AI) technology, skimming device, peer-to-peer payment applications or other digital or financial transferring methods, social media, or email, to accomplish any violation of this section shall, in addition to the penalties imposed for identity theft as provided for in this section, be subject to the provisions of Section 1958 of this title.
5. E. 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.
6. F. 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 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.
7. G. It is unlawful for any person to willfully create, modify, alter or change any personal identifying information of another person with fraudulent intent to obtain any money, credit, goods, 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.

8. H. Any person convicted of violating any provision of this section shall be guilty of identity theft and shall be punished as follows:

   1. 1. Upon a first conviction, the person shall be guilty of a Class D1 felony offense punishable by imprisonment as provided for in subsections B through F of Section 20N of this title, or a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or by both such fine and imprisonment;
   2. 2. Upon a second conviction, or if the person has in his or her possession the personal identifying information of a minor or elderly person, the person shall be guilty of a Class D1 felony offense punishable by imprisonment as provided for in subsections B through F of Section 20N of this title, or a fine not to exceed One Hundred Thousand Dollars ($100,000.00), or by both such fine and imprisonment; and

   3. 3. Upon a third or subsequent conviction, the person shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than ten (10) years nor more than fifteen (15) years.

      Restitution to the victim may be ordered 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 identity theft.

9. I. Any person in possession of the personal identifying information of five or more victims shall be deemed to have committed aggravated identity theft. Any person convicted of aggravated identity theft shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than ten (10) years nor more than fifteen (15) years.
10. J. Law enforcement agencies may employ, either directly or through memorandums of understanding or cross-deputization agreements, persons to serve as identity theft task force officers whose primary responsibility shall be to prevent, respond to, and investigate criminal violations related to identity theft.
11. K. Law enforcement officers may disseminate copies of Oklahoma driver licenses, identification cards, or other state-issued photographs of suspects or victims to fraud investigators or similarly acting employees at banks, credit unions, loan businesses, mortgage companies, any other financial institutions, issuers of credit cards, or others who are assisting with a fraud investigation related to a violation provided for in this section.

12. L. For purposes of this section:

    1. 1. "Elderly person" means any individual sixty-two (62) years of age or older;
    2. 2. "Minor" means any individual under twenty-one (21) years of age; and

    3. 3. "Synthetic identity" means:

       1. a. the combination of stolen, lost, or misrepresented information, or other unique or personal identifying information, with other authentic or invented information such as false names, false dates of birth, or false addresses, or
       2. b. fabricated information used to represent a person, business, or company but whose identity cannot be reasonably confirmed.

Laws 1999, SB 421, c. 144, § 1, emerg. eff. May 3, 1999; Amended by Laws 2000, SB 1406, c. 277, § 10, eff. November 1, 2000; Amended by Laws 2000, HB 2066, c. 174, § 1, eff. November 1, 2000 (repealed by Laws 2001, HB 1965, c. 5, § 6, emerg. eff. March 21, 2001); Amended by Laws 2001, HB 1965, c. 5, § 5, emerg. eff. March 21, 2001 (superseded document available); Amended by Laws 2004, SB 1168, c. 279, § 1, emerg. eff. May 10, 2004 (superseded document available); Amended by Laws 2007, HB 1329, c. 167, § 1, eff. November 1, 2007 (superseded document available); Amended by Laws 2016, HB 2751, c. 221, § 3, eff. November 1, 2016 (superseded document available); Amended by Laws 2021, SB 312, c. 275, § 1, eff. November 1, 2021 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 423, eff. January 1, 2026 (superseded document available); Amended by Laws 2026, SB 3244, c. 218, § 3, eff. November 1, 2026 (superseded document available).