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sb163_02_PS
As Passed by the Senate
136th
General Assembly
Regular
Session
Sub. S. B. No. 163
2025-2026
Senators Blessing, Johnson
Cosponsors: Senators DeMora,
Ingram, Antonio, Blackshear, Cirino, Craig, Cutrona, Hicks-Hudson,
Huffman, Landis, Lang, Manning, Patton, Reineke, Reynolds, Roegner,
Romanchuk, Schaffer, Timken, Wilkin
To
amend sections 1345.51, 2907.321, 2907.322, 2907.323, and 2913.49 and
to enact
sections
1349.13 and 1349.14
of the Revised Code
to
require AI-generated products to have a watermark, to prohibit
simulated child pornography, and to prohibit identity fraud using a
replica of a person.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 1345.51, 2907.321, 2907.322, 2907.323, and 2913.49 be
amended and
sections
1349.13 and 1349.14
of the Revised Code be enacted to read as follows:
Sec.
1345.51.
There
is hereby created in the state treasury the consumer protection
enforcement fund. The fund shall include civil penalties ordered
pursuant to divisions (A) and (D) of section 1345.07 of the Revised
Code and paid as provided in division (G) of that section,
all
civil penalties ordered pursuant to division (F) of section 1349.13
of the Revised Code,
all
civil penalties assessed under division (A) of section 1349.192 of
the Revised Code, all costs awarded to the attorney general and all
penalties imposed under section 4549.48 of the Revised Code, and all
money unclaimed under section 4549.50 of the Revised Code. The money
in the consumer protection enforcement fund shall be used for the
sole purpose of paying expenses incurred by the consumer protection
section of the office of the attorney general.
Sec.
1349.13.
(A)
As used in this section and section 1349.14 of the Revised Code:
(1)(a)
"Covered provider" means a person or entity that creates,
codes, or otherwise produces a generative artificial intelligence
system that is publicly accessible by consumers within the state for
personal use.
(b)
"Covered provider" does not include business-to-business
use of generative artificial intelligence systems for a purpose not
otherwise prohibited by law.
(2)
"Generative artificial intelligence system" means an
artificial intelligence system that can generate derived synthetic
content, including text, images, video, and audio that emulates the
structure and characteristics of the system's input.
(3)
"Provenance data" means information that is embedded or
attached to help determine the origin of digitally generated content
and its history of modification.
(4)
"Watermark" means a visible signal embedded within a
generative artificial intelligence system generated image or video
that clearly attributes the creation of such product to a generative
artificial intelligence system.
(B)(1)
Generative artificial intelligence systems shall be programmed to
provide a distinctive watermark on any generative artificial
intelligence system generated image or video that informs the user
that the particular image or video was generated using a generative
artificial intelligence system.
(2)
A covered provider shall include provenance data in any content
created by the covered provider's generative artificial intelligence
system.
(C)
No person shall knowingly and with the intent to deceive a third
party remove a watermark required by this section with the purpose of
concealing that the product was generated using a generative
artificial intelligence system.
(D)
No person shall knowingly and with the intent to deceive a third
party distribute content fully generated by a generative artificial
intelligence system with false information about the authenticity of
the content.
(E)
Any person aggrieved by a violation of divisions (B) to (D) this
section has and may commence a civil action against the violator for
damages that result from the violation if both of the following are
met:
(1)
The person files a complaint with the attorney general requesting
that the attorney general file an action under division (F) of this
section against the violator.
(2)
The attorney general does not file an action against the violator
within six months after the date the person files the complaint.
(F)
In addition to the civil action authorized under division (E) of this
section, the attorney general may commence a civil action against a
person that violates divisions (B) to (D) of this section for
injunctive relief and, in the case of a person that violates division
(C) of this section, a civil penalty of up to ten thousand dollars.
All civil penalties collected under this division shall be deposited
to the consumer protection enforcement fund created by section
1345.51 of the Revised Code.
Sec.
1349.14.
(A)(1)
The attorney general may investigate reasonable allegations that a
person has violated divisions (B) to (D) of section 1349.13 of the
Revised Code.
(2)
For this purpose, the attorney general may administer oaths, subpoena
witnesses, adduce evidence, and require the production of relevant
matter for the purposes of an investigation under this section.
If
matter that the attorney general requires to be produced is located
outside the state, the attorney general may designate
representatives, including officials of the state in which the matter
is located, to inspect the matter on the attorney general's behalf,
and the attorney general may respond to similar requests from
officials of other states. The person subpoenaed may make the matter
available to the attorney general at a convenient location within the
state or pay the reasonable and necessary expenses for the attorney
general or the attorney general's representative to examine the
matter at the place where it is located, provided that expenses shall
not be charged to a party not subsequently found to have engaged in
an act or practice violative of divisions (B) to (D) of section
1349.13 of the Revised Code.
(B)
Within twenty days after a subpoena is served, a person subpoenaed
under this section may file a motion to extend the return day, or to
modify or quash the subpoena, stating good cause, in the court of
common pleas of Franklin county or any other county in this state.
(C)
A person subpoenaed under this section shall comply with the terms of
the subpoena, unless the parties agree to modify the terms of the
subpoena or unless the court has modified or quashed the subpoena,
extended the return day of the subpoena, or issued any other order
with respect to the subpoena prior to its return day.
If
a person fails without lawful excuse to obey a subpoena or to produce
relevant matter, the attorney general may apply to the court of
common pleas of Franklin county or any other county in this state for
an order compelling compliance.
(D)
The attorney general may request that an individual who refuses to
testify or to produce relevant matter on the ground that the
testimony or matter may incriminate the individual be ordered by the
court to provide the testimony or matter. With the exception of a
prosecution under this section, an individual who complies with a
court order to provide testimony or matter, after asserting a
privilege against self-incrimination to which the individual is
entitled by law, shall not be subjected to a criminal proceeding or
to a civil penalty or forfeiture on the basis of the testimony or
matter required to be disclosed or testimony or matter discovered
through that testimony or matter.
(E)
The attorney general may:
(1)
During an investigation under this section, afford, in a manner
considered appropriate to the attorney general, a covered provider an
opportunity to cease and desist from any suspected violation. The
attorney general may suspend such an investigation during the time
period that the attorney general permits the covered provider to
cease and desist; however, the suspension of the investigation or the
affording of an opportunity to cease and desist shall not prejudice
or prohibit any further investigation by the attorney general under
this section.
(2)
Terminate an investigation under this section upon acceptance of a
written assurance of voluntary compliance from a covered provider who
is suspected of a violation of divisions (B) to (D) of section
1349.13 of the Revised Code.
Acceptance
of an assurance may be conditioned upon an undertaking to reimburse
or to take other appropriate corrective action with respect to
identifiable individuals damaged by an alleged violation of divisions
(B) to (D) of section 1349.13 of the Revised Code. An assurance of
compliance given by a provider is not evidence of violation of
divisions (B) to (D) of section 1349.13 of the Revised Code. The
attorney general may, at any time, reopen an investigation terminated
by the acceptance of an assurance of voluntary compliance if the
attorney general believes that further proceedings are in the public
interest. Evidence of a violation of an assurance of voluntary
compliance is prima facie evidence of an act or practice in violation
of divisions (B) to (D) of section 1349.13 of the Revised Code, if
presented after the violation in an action brought under this
chapter. An assurance of voluntary compliance may be filed with the
court and if approved by the court, entered as a consent judgment.
(F)
The procedures available to the attorney general under this section
are cumulative and concurrent, and the exercise of one procedure by
the attorney general does not preclude or require the exercise of any
other procedure.
Sec.
2907.321.
(A)
No person, with knowledge of the character of the material or
performance involved, shall do any of the following:
(1)
Create, reproduce, or publish any obscene material that has a minor
,
a depiction of a purported minor,
or
an
impaired
person as one of its participants or portrayed observers;
(2)
Promote or advertise for sale or dissemination; sell, deliver,
disseminate, display, exhibit, present, rent, or provide; or offer or
agree to sell, deliver, disseminate, display, exhibit, present, rent,
or provide, any obscene material that has a minor
,
a depiction of a purported minor,
or
an
impaired
person as one of its participants or portrayed observers;
(3)
Create, direct, or produce an obscene performance that has a minor
,
a depiction of a purported minor,
or
an
impaired
person as one of its participants;
(4)
Advertise or promote for presentation, present, or participate in
presenting an obscene performance that has a minor
,
a depiction of a purported minor,
or
an
impaired
person as one of its participants;
(5)
Buy, procure, possess, or control any obscene material, that has a
minor
,
a depiction of a purported minor,
or
an
impaired
person as one of its participants;
(6)
Bring or cause to be brought into this state any obscene material
that has a minor
,
a depiction of a purported minor,
or
an
impaired
person as one of its participants or portrayed observers.
(B)(1)
This section does not apply to any material or performance that is
sold, disseminated, displayed, possessed, controlled, brought or
caused to be brought into this state, or presented for a bona fide
medical, scientific, educational, religious, governmental, judicial,
or other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide studies or
research, librarian, member of the clergy, prosecutor, judge, or
other person having a proper interest in the material or performance.
(2)
Mistake of age is not a defense to a charge under this section.
(3)
In a prosecution under this section, the trier of fact may infer that
a person in the material or performance involved is a minor
,
a depiction of a purported minor,
or
an
impaired
person if the material or performance, through its title, text,
visual representation, or otherwise, represents or depicts the person
as a minor
,
a depiction of a purported minor,
or
an
impaired
person.
(C)
Whoever violates this section is guilty of pandering obscenity
involving a minor
,
a depiction of a purported minor,
or
an
impaired
person. If the offense involves a minor
or a depiction of a purported minor
,
a violation of division (A)(1), (2), (3), (4), or (6) of this section
is a felony of the second degree. If the offense involves an impaired
person, a violation of division (A)(1), (2), (3), (4), or (6) of this
section is a felony of the third degree. A violation of division
(A)(5)
of
this section is a felony of the fourth degree.
If
the offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.322 or 2907.323 of the
Revised Code, pandering obscenity involving a minor
,
a depiction of a purported minor,
or
an
impaired
person in violation of division (A)(5) of this section is a felony of
the third degree.
(D)
As used in this section and sections 2907.322 and 2907.323 of the
Revised Code
,
"impaired
:
(1)
"Artificially generated depiction" means a visual depiction
of an actual person that was created or edited by artificial
intelligence or other computer-generated means and that a reasonable
person would believe depicts or represents an actual person who is
identifiable by the person's face, likeness, or other distinguishing
characteristic.
(2)
"Depiction of a purported minor" means a visual
representation that appears to depict an actual minor that a
reasonable person would believe depicts or represents an actual minor
but may or may not depict an actual minor.
(3)
"Impaired
person"
means a person whose ability to resist or consent is substantially
impaired because of a mental or physical condition or because of
advanced age, and the offender knows or has reasonable cause to
believe that the other person's ability to resist or consent is
substantially impaired because of a mental or physical condition or
because of advanced age.
Sec.
2907.322.
(A)
No person, with knowledge of the character of the material or
performance involved, shall do any of the following:
(1)
Create, record, photograph, film, develop, reproduce, or publish any
material that shows a minor
,
an artificially generated depiction of a minor,
or
an
impaired person participating or engaging in sexual activity,
masturbation, or bestiality;
(2)
Advertise for sale or dissemination, sell, distribute, transport,
disseminate, exhibit, or display any material that shows a minor
,
an artificially generated depiction of a minor,
or
an
impaired person participating or engaging in sexual activity,
masturbation, or bestiality;
(3)
Create, direct, or produce a performance that shows a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person participating or engaging in sexual activity, masturbation, or
bestiality;
(4)
Advertise for presentation, present, or participate in presenting a
performance that shows a minor
,
an artificially generated depiction of a minor,
or
an
impaired person participating or engaging in sexual activity,
masturbation, or bestiality;
(5)
Knowingly solicit, receive, purchase, exchange, possess, or control
any material that shows a minor
,
an artificially generated depiction of a minor,
or
an
impaired person participating or engaging in sexual activity,
masturbation, or bestiality;
(6)
Bring or cause to be brought into this state any material that shows
a minor
,
an artificially generated depiction of a minor,
or
an
impaired person participating or engaging in sexual activity,
masturbation, or bestiality;
(7)
Bring, cause to be brought, or finance the bringing of any minor or
impaired person into or across this state with the intent that the
minor or impaired person engage in sexual activity, masturbation, or
bestiality in a performance or for the purpose of producing material
containing a visual representation depicting the minor
,
artificially generated depiction of the minor,
or impaired person engaged in sexual activity, masturbation, or
bestiality.
(B)(1)
This section does not apply to any material or performance that is
sold, disseminated, displayed, possessed, controlled, brought or
caused to be brought into this state, or presented for a bona fide
medical, scientific, educational, religious, governmental, judicial,
or other proper purpose, by or to a physician, psychologist,
sociologist, scientist, teacher, person pursuing bona fide studies or
research, librarian, member of the clergy, prosecutor, judge, or
other person having a proper interest in the material or performance.
(2)
Mistake of age is not a defense to a charge under this section.
(3)
In a prosecution under this section, the trier of fact may infer that
a person in the material or performance involved is a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person if the material or performance, through its title, text,
visual representation, or otherwise, represents or depicts the person
as a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person.
(C)
Whoever violates this section is guilty of pandering sexually
oriented matter involving a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person. If the offense involves a minor
or an artificially generated depiction of a minor
,
a violation of division (A)(1), (2), (3), (4), (6), or (7) of this
section is a felony of the second degree. If the offense involves an
impaired person, a violation of division (A)(1), (2), (3), (4), (6),
or (7) of this section is a felony of the third degree. Violation of
division (A)(5) of this section is a felony of the fourth degree. If
the offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2907.321 or 2907.323 of the
Revised Code, pandering sexually oriented matter involving a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person in violation of division (A)(5) of this section is a felony of
the third degree.
Sec.
2907.323.
(A)
No person shall do any of the following:
(1)
Photograph any minor or impaired person who is not the person's child
or ward in a state of nudity, or create, direct, produce, or transfer
any material or performance that shows the minor
,
artificially generated depiction of the minor,
or impaired person in a state of nudity, unless both of the following
apply:
(a)
The material or performance is, or is to be, sold, disseminated,
displayed, possessed, controlled, brought or caused to be brought
into this state, or presented for a bona fide artistic, medical,
scientific, educational, religious, governmental, judicial, or other
proper purpose, by or to a physician, psychologist, sociologist,
scientist, teacher, person pursuing bona fide studies or research,
librarian, member of the clergy, prosecutor, judge, or other person
having a proper interest in the material or performance;
(b)
The minor's or impaired person's parents, guardian, or custodian
consents in writing to the photographing of the minor or impaired
person, to the use of the minor
,
artificially generated depiction of the minor,
or impaired person in the material or performance, or to the transfer
of the material and to the specific manner in which the material or
performance is to be used.
(2)
Consent to the photographing of the person's child or ward who is a
minor or impaired person, or photograph the person's child or ward
who is a minor or impaired person, in a state of nudity or consent to
the use of the person's child or ward who is a minor
,
an artificially generated depiction of the minor,
or
an
impaired
person in a state of nudity in any material or performance, or use or
transfer a material or performance of that nature, unless the
material or performance is sold, disseminated, displayed, possessed,
controlled, brought or caused to be brought into this state, or
presented for a bona fide artistic, medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or to
a physician, psychologist, sociologist, scientist, teacher, person
pursuing bona fide studies or research, librarian, member of the
clergy, prosecutor, judge, or other person having a proper interest
in the material or performance;
(3)
Possess or view any material or performance that shows a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person who is not the person's child or ward in a state of nudity,
unless one of the following applies:
(a)
The material or performance is sold, disseminated, displayed,
possessed, controlled, brought or caused to be brought into this
state, or presented for a bona fide artistic, medical, scientific,
educational, religious, governmental, judicial, or other proper
purpose, by or to a physician, psychologist, sociologist, scientist,
teacher, person pursuing bona fide studies or research, librarian,
member of the clergy, prosecutor, judge, or other person having a
proper interest in the material or performance.
(b)
The person knows that the minor's or impaired person's parents,
guardian, or custodian has consented in writing to the photographing
or use of the minor
,
artificially generated depiction of the minor,
or impaired person in a state of nudity and to the manner in which
the material or performance is used or transferred.
(B)
Whoever violates this section is guilty of illegal use of a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person in a nudity-oriented material or performance. If the offense
involves a minor
or an artificially generated depiction of a minor
,
whoever violates division (A)(1) or (2) of this section is guilty of
a felony of the second degree. If the offense involves an impaired
person, whoever violates division (A)(1) or (2) of this section is
guilty of a felony of the third degree. Except as otherwise provided
in this division, whoever violates division (A)(3) of this section is
guilty of a felony of the fifth degree. If the offender previously
has been convicted of or pleaded guilty to a violation of this
section or section 2907.321 or 2907.322 of the Revised Code, illegal
use of a minor
,
an artificially generated depiction of a minor,
or
an
impaired
person in a nudity-oriented material or performance in violation of
division (A)(3) of this section is a felony of the fourth degree. If
the offender who commits a violation of division (A)(1) or (2) of
this section that involves a minor
or
an artificially generated depiction of a minor
also
is convicted of or pleads guilty to a specification as described in
section 2941.1422 of the Revised Code that was included in the
indictment, count in the indictment, or information charging the
offense, the court shall sentence the offender to a mandatory prison
term as provided in division (B)(7) of section 2929.14 of the Revised
Code and shall order the offender to make restitution as provided in
division (B)(8) of section 2929.18 of the Revised Code.
Sec.
2913.49.
(A)
As used in this section
,
"personal
:
(1)
"Personal
identifying
information" includes, but is not limited to, the following: the
name, address, telephone number, driver's license, driver's license
number, commercial driver's license, commercial driver's license
number, state identification card, state identification card number,
social security card, social security number, birth certificate,
place of employment, employee identification number, mother's maiden
name, demand deposit account number, savings account number, money
market account number, mutual fund account number, other financial
account number, personal identification number, password, or credit
card number of a living or dead individual.
(2)
"Replica of a person's persona" or "replica"
means a modified or fabricated version of an individual's voice,
photograph, image, likeness, or distinctive appearance that is
created or presented in a manner that it appears to be the
individual's authentic persona. The term includes the modifications
and fabrications produced in whole or in part by generative
artificial intelligence systems.
(3)
"Generative artificial intelligence system" has the same
meaning as in section 1349.13 of the Revised Code.
(B)
No person, without the express or implied consent of the other
person, shall use, obtain, or possess any personal identifying
information of another person with intent to do either of the
following:
(1)
Hold the person out to be the other person;
(2)
Represent the other person's personal identifying information as the
person's own personal identifying information.
(C)
No person shall create, obtain, possess, or use the personal
identifying information of any person with the intent to aid or abet
another person in violating division (B) of this section.
(D)
No person, with intent to defraud, shall permit another person to use
the person's own personal identifying information
or a replica of the person's persona
.
(E)
No person who is permitted to use another person's personal
identifying information as described in division (D) of this section
shall use, obtain, or possess the other person's personal identifying
information with intent to defraud any person by doing any act
identified in division (B)(1) or (2) of this section.
(F)(1)
(F)
No person shall create or use a replica of a person's persona in
order to knowingly or intentionally induce any other person to make a
financial decision or extend credit to any person in reliance on the
replica without the express consent of the individual whose persona
is replicated.
(G)
No person shall create or use a replica with the intent to damage any
person's or entity's reputation, including the reputation of the
individual whose persona is replicated.
(H)
No person shall create, use, or disseminate a replica of a person's
persona who is not a minor or impaired person in a manner that
depicts the individual whose persona is replicated in a state of
nudity, engaging in sexual activity, or in any obscene material
without the consent of the individual whose persona is replicated.
(I)
No person shall create, use, or disseminate a replica of a person's
persona for the purposes of violating or attempting to violate
section 2905.05 of the Revised Code.
(J)(1)
It
is an affirmative defense to a charge under division (B) of this
section that the person using the personal identifying information is
acting in accordance with a legally recognized guardianship or
conservatorship or as a trustee or fiduciary.
(2)
It is an affirmative defense to a charge under division (B), (C),
(D), or (E) of this section that either of the following applies:
(a)
The person or entity using, obtaining, possessing, or creating the
personal identifying information
or replica,
or permitting it to be used
,
is a law enforcement agency, authorized fraud personnel, or a
representative of or attorney for a law enforcement agency or
authorized fraud personnel and is using, obtaining, possessing, or
creating the personal identifying information
or
replica,
or
permitting it to be used, with prior consent given as specified in
this division, in a bona fide investigation, an information security
evaluation, a pretext calling evaluation, or a similar matter. The
prior consent required under this division shall be given by the
person whose personal identifying information
or
replica
is
being used, obtained, possessed, or created or is being permitted to
be used or, if the person whose personal identifying information
or replica
is being used, obtained, possessed, or created or is being permitted
to be used is deceased, by that deceased person's executor, or a
member of that deceased person's family, or that deceased person's
attorney. The prior consent required under this division may be given
orally or in writing by the person whose personal identifying
information
or
replica
is
being used, obtained, possessed, or created or is being permitted to
be used or that person's executor, or family member, or attorney.
(b)
The personal identifying information
or
replica
was
obtained, possessed, used, created, or permitted to be used for a
lawful purpose, provided that division
(F)(2)(b)
(J)(2)(b)
of
this section does not apply if the person or entity using, obtaining,
possessing, or creating the personal identifying information
or
replica,
or
permitting it to be used
,
is a law enforcement agency, authorized fraud personnel, or a
representative of or attorney for a law enforcement agency or
authorized fraud personnel that is using, obtaining, possessing, or
creating the personal identifying information
or
replica,
or
permitting it to be used
,
in an investigation, an information security evaluation, a pretext
calling evaluation, or similar matter.
(G)
(K)
It
is not a defense to a charge under this section that the person whose
personal identifying information
or replica
was obtained, possessed, used, created, or permitted to be used was
deceased at the time of the offense.
(H)(1)
(L)(1)
If
an offender commits a violation of division (B), (D), or (E) of this
section and the violation occurs as part of a course of conduct
involving other violations of division (B), (D), or (E) of this
section or violations of, attempts to violate, conspiracies to
violate, or complicity in violations of division (C) of this section
or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42,
2913.43, or 2921.13 of the Revised Code, the court, in determining
the degree of the offense pursuant to division
(I)
(M)
of
this section, may aggregate all credit, property, or services
obtained or sought to be obtained by the offender and all debts or
other legal obligations avoided or sought to be avoided by the
offender in the violations involved in that course of conduct. The
course of conduct may involve one victim or more than one victim.
(2)
If an offender commits a violation of division (C) of this section
and the violation occurs as part of a course of conduct involving
other violations of division (C) of this section or violations of,
attempts to violate, conspiracies to violate, or complicity in
violations of division (B), (D), or (E) of this section or section
2913.02, 2913.04, 2913.11, 2913.21, 2913.31, 2913.42, 2913.43, or
2921.13 of the Revised Code, the court, in determining the degree of
the offense pursuant to division
(I)
(M)
of
this section, may aggregate all credit, property, or services
obtained or sought to be obtained by the person aided or abetted and
all debts or other legal obligations avoided or sought to be avoided
by the person aided or abetted in the violations involved in that
course of conduct. The course of conduct may involve one victim or
more than one victim.
(I)(1)
(M)(1)
Whoever
violates this section is guilty of identity fraud.
(2)
Except as otherwise provided in this division or division
(I)(3)
(M)(3)
of
this section, identity fraud is a felony of the fifth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is one
thousand dollars or more and is less than seven thousand five hundred
dollars, except as otherwise provided in division
(I)(3)
(M)(3)
of
this section, identity fraud is a felony of the fourth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is seven
thousand five hundred dollars or more and is less than one hundred
fifty thousand dollars, except as otherwise provided in division
(I)(3)
(M(3)
of
this section, identity fraud is a felony of the third degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is one
hundred fifty thousand dollars or more, except as otherwise provided
in division
(I)(3)
(M)(3)
of
this section, identity fraud is a felony of the second degree.
(3)
If the victim of the offense is
a minor,
an elderly person, disabled adult, active duty service member, or
spouse of an active duty service member, a violation of this section
is identity fraud against a person in a protected class. Except as
otherwise provided in this division, identity fraud against a person
in a protected class is a felony of the fourth degree. If the value
of the credit, property, services, debt, or other legal obligation
involved in the violation or course of conduct is one thousand
dollars or more and is less than seven thousand five hundred dollars,
identity fraud against a person in a protected class is a felony of
the third degree. If the value of the credit, property, services,
debt, or other legal obligation involved in the violation or course
of conduct is seven thousand five hundred dollars or more and is less
than one hundred fifty thousand dollars, identity fraud against a
person in a protected class is a felony of the second degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is one
hundred fifty thousand dollars or more, identity fraud against a
person in a protected class is a felony of the first degree. If the
victim of the offense is an elderly person, in addition to any other
penalty imposed for the offense, the offender shall be required to
pay full restitution to the victim and to pay a fine of up to fifty
thousand dollars. The clerk of court shall forward all fines
collected under
this
division
(I)(3)
of this section
to
the county department of job and family services to be used for the
reporting and investigation of elder abuse, neglect, and exploitation
or for the provision or arrangement of protective services under
sections 5101.61 to 5101.71 of the Revised Code.
(J)
(N)
In
addition to the penalties described in division
(I)
(M)
of
this section, anyone injured in person or property by a violation of
division (B), (D), or (E) of this section who is the owner of the
identifying information involved
,
or whose persona is replicated,
in that violation has a civil action against the offender pursuant to
section 2307.60 of the Revised Code. That person may also bring a
civil action to enjoin or restrain future acts that would constitute
a violation of division (B), (D), or (E) of this section.
(O)
In addition to the penalties described in division (M) of this
section, any person injured in person or property by a violation of
division (H) of this section by a replica of the person's persona has
a civil action against the offender pursuant to section 2307.66 of
the Revised Code.
(P)
This section does not apply to any information service or system
provider that provides or enables computer access by multiple users
to a computer server for libraries or educational institutions,
including a service or system that provides access to the internet.
(Q)
This section does not apply to the provider or developer of any
technology used in the creation of a replica of a person's persona,
unless the provider or developer is the same entity committing a
violation of this section.
Section
2.
That
existing sections 1345.51, 2907.321, 2907.322, 2907.323, and 2913.49
of the Revised Code are hereby repealed.