to 165.673. [1989 c.983 �24; 2001 c.385 �8]

165.657 to 165.673. [1989 c.983 �24; 2001 c.385 �8]

����� 165.673 Disclosure of results prohibited; exception. No law enforcement agency shall disclose lists of telephone numbers produced by a pen register or trap and trace device except in the performance of a law enforcement function or as otherwise provided by law or order of a court. [1989 c.983 �25]

����� 165.675 [Formerly 74.540; repealed by 1971 c.743 �432]

����� 165.680 [Formerly 74.550; repealed by 1971 c.743 �432]

FALSE CLAIMS FOR HEALTH CARE PAYMENTS

����� 165.690 Definitions for ORS 165.690, 165.692 and 165.694. As used in ORS 165.690, 165.692 and 165.694:

����� (1) �Claim for health care payment� means any request or demand for a health care payment, whether made in the form of a bill, claim form, cost report, invoice, electronic transmission or any other document. �Claim for health care payment� does not include any statement by a person on an application for coverage under a contract or certificate of health care coverage issued by an insurer, health care service contractor, health maintenance organization or other legal entity that is self-insured and provides health care benefits to its employees.

����� (2) �Health care payment� means money paid in compensation for the delivery of specified health care services, whether under a contract, certificate or policy of insurance, by a health care payor.

����� (3) �Health care payor� means:

����� (a) Any insurance company authorized to provide health insurance in this state;

����� (b) A health maintenance organization;

����� (c) A health care service contractor;

����� (d) Any legal entity that is self-insured and provides benefits for health care services to its employees;

����� (e) Any legal entity responsible for handling claims for health care services under a state or federal medical assistance program;

����� (f) The State of Oregon or any local government within this state that makes payments for health care services;

����� (g) Any insurer authorized under ORS chapter 731 to transact workers� compensation or casualty insurance in this state; or

����� (h) Any employer authorized under ORS chapter 656 to self-insure its workers� compensation risk.

����� (4) �Health care services� means any medical or remedial care or service, including supplies delivered in connection with the care or service, that is recognized under state law.

����� (5) �Person� means an individual, corporation, partnership or association that provides health care services or any other form of legal or business entity that provides health care services. [1995 c.496 �1; 2001 c.556 �1]

����� 165.692 Making false claim for health care payment. A person commits the crime of making a false claim for health care payment when the person:

����� (1) Knowingly makes or causes to be made a claim for health care payment that contains any false statement or false representation of a material fact in order to receive a health care payment; or

����� (2) Knowingly conceals from or fails to disclose to a health care payor the occurrence of any event or the existence of any information with the intent to obtain a health care payment to which the person is not entitled, or to obtain or retain a health care payment in an amount greater than that to which the person is or was entitled. [1995 c.496 �2]

����� 165.694 Aggregation of claims. (1) Single acts of making a false claim for health care payment may be added together into aggregated counts of making false claims for health care payments if the acts were committed:

����� (a) Against multiple health care payors by similar means within a 30-day period; or

����� (b) Against the same health care payor, or a contractor, or contractors, of the same health care payor, within a 180-day period.

����� (2) The charging instrument must identify those claims that are part of any aggregated counts. [1995 c.496 �3]

����� 165.696 Who may commence prosecution. The district attorney or the Attorney General may commence a prosecution under ORS 165.692. [1995 c.496 �6]

����� 165.698 Notice of conviction. The prosecuting attorney shall notify the Oregon Health Authority and any appropriate licensing boards of the conviction of a person under ORS 165.692. [1995 c.496 �5; 2009 c.595 �111]

IDENTITY THEFT AND RELATED OFFENSES

����� 165.800 Identity theft. (1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person�s own use the personal identification of another person.

����� (2) Identity theft is a Class C felony.

����� (3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:

����� (a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol, tobacco products as defined in ORS 431A.175 or inhalant delivery systems as defined in ORS 431A.175; or

����� (b) Used the personal identification of another person solely for the purpose of misrepresenting the person�s age to gain access to a:

����� (A) Place the access to which is restricted based on age; or

����� (B) Benefit based on age.

����� (4) As used in this section:

����� (a) �Another person� means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.

����� (b) �Personal identification� includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:

����� (A) A person�s name, address or telephone number;

����� (B) A person�s driving privileges;

����� (C) A person�s Social Security number or tax identification number;

����� (D) A person�s citizenship status or an identification number assigned to a noncitizen;

����� (E) A person�s employment status, employer or place of employment;

����� (F) The identification number assigned to a person by a person�s employer;

����� (G) The maiden name of a person or a person�s mother;

����� (H) The identifying number of a person�s depository account at a �financial institution� or �trust company,� as those terms are defined in ORS 706.008, or a credit card account;

����� (I) A person�s signature or a copy of a person�s signature;

����� (J) A person�s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;

����� (K) A person�s photograph;

����� (L) A person�s date of birth; and

����� (M) A person�s personal identification number. [1999 c.1022 �1; 2001 c.870 �3; 2007 c.583 �1; 2013 c.158 �34; 2015 c.158 �25; 2017 c.701 �15; 2022 c.97 �4]

����� 165.803 Aggravated identity theft. (1) A person commits the crime of aggravated identity theft if:

����� (a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period;

����� (b) The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft;

����� (c) The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or

����� (d) The person violates ORS 165.800 and has in the person�s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

����� (2) Aggravated identity theft is a Class B felony.

����� (3) As used in this section, �previous conviction� includes:

����� (a) Convictions occurring before, on or after January 1, 2008; and

����� (b) Convictions entered in any other state or federal court for comparable offenses.

����� (4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft. [2007 c.584 �1]

����� 165.805 Misrepresentation of age by a minor. (1) A person commits the crime of misrepresentation of age by a minor if:

����� (a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or

����� (b) Being unmarried, the person knowingly represents that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.

����� (2) Misrepresentation of age by a minor is a Class C misdemeanor.

����� (3)(a) In addition to and not in lieu of any other penalty established by law, if a person, using a driver permit or license or other identification issued by the Department of Transportation of this state or its equivalent in another state, commits the crime of misrepresentation of age by a minor in order to purchase or consume alcoholic liquor or cannabis:

����� (A) The person may be required to perform community service; and

����� (B) The court may order that the person�s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year upon:

����� (i) The person�s second or subsequent conviction or adjudication for an offense described in this paragraph;

����� (ii) The person�s first conviction or adjudication if the person has previously entered into a formal accountability agreement under ORS 419C.230 for an offense described in this paragraph; or

����� (iii) The person�s first conviction or adjudication if the offense involved the operation of a motor vehicle.

����� (b) If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the department under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 if the person is otherwise eligible for the permit.

����� (4) The prohibitions of this section do not apply to any person acting under the direction of the Oregon Liquor and Cannabis Commission or a regulatory specialist or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475C.009, to persons who are under a certain, specified age.

����� (5) The prohibitions of this section do not apply to a person under the age of 21 years who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS