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118A `Theft and. Fraud 545.21 <br />(b) No person, without the express or implied consent of the other person, shall use, <br />obtain, or possess any personal identifying information of another person with intent to do either <br />of the following: <br />(1) Hold the person out to be the other person; <br />(2) Represent the other person's personal identifying information as the <br />person's own personal identifying information.. <br />(c) No person shall create, obtain, possess, or use the personal identifying information <br />of any person with the intent to aid or abet another person in violating division (b) of this section. <br />(d) No person, with intent to defraud, shall permit another person to use the person's <br />own personal identifying information. <br />(e) No person who is permitted to use another person's personal identifying information <br />as described in division (d) of this section shall use, obtain, or possess the other person's personal <br />identifying information with intent to defraud any person by doing any act identified in division <br />(b)(1) or (2) of this section. <br />(f) (1) It is an affirmative defense to a charge under division (b) of this section that <br />the person using the personal identifying information is acting in accordance <br />with a legally recognized guardianship or conservatorship or as a trustee or <br />fiduciary. <br />- (2) It is an affirmative defense to a charge under division (b), (d), or (e) of this <br />r` section that either of the following applies: <br />A. The person or entity using-the personal identifying information as <br />a law enforcement agency, authorized fraud personnel, or a <br />representative of or attorney for a law enforcement agency or <br />authorized fraud personnel and is using the personal identifying <br />information in a bona fide investigation, an mformation security <br />evaluation, a pretext calling evaluation, or a similar matter. <br />B. The personal identifying information was obtained, possessed, or <br />used for a lawful purpose. <br />(g) It is not a defense to a charge under this section that the person whose personal <br />identifying information was obtained, possessed, or used was deceased at the time of the offense.. <br />(h) (1) If the violation of division (b), (d) or (e) of this section occurs as part of a <br />course of conduct involving other violations of division (b), (d) or (e) of <br />this section or violations of, ,attempts to violate, conspiracies to violate, or <br />complicity in violations of division (c) of this section or Ohio R.C. <br />2913.02, 2913,.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43 , or <br />2921.13 or substantially equivalent municipal ordinance, the court in <br />determining the degree of the offense pursuant to division (i) of this section,. <br />may aggregate all credit, property, or services obtained or sought to be <br />obtained by the offender and all debts or other legal obligations avoided or <br />sough to be avoided by the offender in the violations involved in that course <br />of conduct. The course of conduct may involve one victim or more than <br />one victim. <br />2003 Replacement <br />